Legislature(1997 - 1998)
1997-02-21 House Journal
Full Journal pdf1997-02-21 House Journal Page 0413 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday February 21, 1997 Fortieth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:09 a.m. Roll call showed 33 members present. Representatives Brice, Hodgins, Ivan and Williams had been previously excused from a call of the House today. Representatives Barnes, Green and Kohring were absent and their presence was noted later. The invocation was offered by the Chaplain, John Jensen of Eckankar. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Many people seek to guide their lives according to their experience with and understanding of God, and they use a name of God as a window into the presence and guidance they seek. One name of God with an ancient history is the word HU, H-U, sung in this manner: HUUUUUUUU. I invite you to join me in a moment of silent prayer using whichever name of God you choose... Thank you. The Pledge of Allegiance was led by Representative Croft. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 38th and 39th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1997-02-21 House Journal Page 0414 MESSAGES FROM THE GOVERNOR A letter dated February 20, 1997, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Resources Committee: Board of Game Nicole Whittington-Evans - Palmer Appointed: 02/18/97 Expires: 01/31/00 Lori T. Quakenbush - Fairbanks Appointed: 02/18/97 Expires: 01/31/00 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE SB 74 A message dated February 19, 1997, was read stating the Senate has concurred in the House amendment to CSSB 74(FIN), thus adopting: CS FOR SENATE BILL NO. 74(FIN) am H An Act making appropriations concerning the state's position on the sovereign powers of Native tribal governments in the state; and providing for an effective date. A message dated February 20, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 39 CS FOR SENATE BILL NO. 39(JUD) by the Senate Judiciary Committee, entitled: 1997-02-21 House Journal Page 0415 SB 39 An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. was read the first time and referred to the Judiciary and Finance Committees. **The presence of Representative Barnes was noted. COMMUNICATIONS The following report was received: Dept. of Administration Division of Senior Services Alaska Commission on Aging Annual Report, FY 96 REPORTS OF STANDING COMMITTEES HCR 4 The Judiciary Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 4 Relating to records generated and maintained by the Department of Health and Social Services. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Croft, Porter, James, Berkowitz, Bunde No recommendation (2): Rokeberg, Green 1997-02-21 House Journal Page 0416 HCR 4 The following fiscal notes apply to CSHCR 4(JUD): Zero fiscal note, Dept. of Administration, 1/31/97 Zero fiscal note, Dept. of Health & Social Services, 1/31/97 HCR 4 was referred to the Finance Committee. HJR 20 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 20 Relating to RS 2477 rights-of-way. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 20(RES) (same title) The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (5): Dyson, Green, Barnes, Masek, Ogan No recommendation (2): Nicholia, Joule The following fiscal note applies to CSHJR 20(RES): Zero fiscal note, House Resources Committee, 2/21/97 HJR 20 was referred to the Rules Committee for placement on the calendar. HB 3 The Judiciary Committee has considered: HOUSE BILL NO. 3 An Act relating to disclosures of information about certain minors. 1997-02-21 House Journal Page 0417 HB 3 and recommends it be replaced with: CS FOR HOUSE BILL NO. 3(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Porter, Green Do not pass (2): Croft, Berkowitz No recommendation (1): James The following fiscal notes apply to CSHB 3(JUD): Zero fiscal note, Dept. of Administration, 2/21/97 Zero fiscal note, Dept. of Public Safety, 2/21/97 Zero fiscal note, Dept. of Health & Social Services, 2/21/97 HB 3 was referred to the Rules Committee for placement on the calendar. HB 6 The Judiciary Committee has considered: HOUSE BILL NO. 6 An Act amending laws relating to the disclosure of information relating to certain minors. and recommends it be replaced with: CS FOR HOUSE BILL NO. 6(JUD) An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors. The report was signed by Representative Green, Chair, with the following individual recommendations: 1997-02-21 House Journal Page 0418 HB 6 Do pass (3): Porter, Green, Bunde No recommendation (2): James, Berkowitz Amend (2): Rokeberg, Croft The following fiscal notes apply to CSHB 6(JUD): Fiscal notes (8), Dept. of Health & Social Services, 2/21/97 Zero fiscal note, Dept. of Administration, 1/31/97 Zero fiscal note, Dept. of Public Safety, 1/31/97 Zero fiscal note, Dept. of Law, 1/31/97 HB 6 was referred to the Finance Committee. HB 13 The State Affairs Committee has considered: HOUSE BILL NO. 13 An Act relating to marine safety training and education programs. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (7): James, Elton, Berkowitz, Dyson, Vezey, Ivan, Hodgins The following fiscal notes apply: Fiscal note, Dept. of Revenue, 2/21/97 Zero fiscal note, Dept. of Labor, 2/21/97 HB 13 was referred to the Finance Committee. **The presence of Representative Kohring was noted. HB 17 The Finance Committee has considered: 1997-02-21 House Journal Page 0419 HB 17 HOUSE BILL NO. 17 An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 17(RES) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (9): Therriault, Hanley, Mulder, Martin, Kohring, Davies, Grussendorf, Davis, Foster No recommendation (1): Moses The following fiscal note applies to CSHB 17(RES): Fiscal note, Dept. of Natural Resources, 1/31/97 HB 17 was referred to the Rules Committee for placement on the calendar. HB 26 The Finance Committee has considered: HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date. The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Mulder, Martin, Foster, Davis No recommendation (3): Davies, Grussendorf, Moses 1997-02-21 House Journal Page 0420 HB 26 The following fiscal note applies: Fiscal note, Dept. of Fish & Game, 1/31/97 HB 26 was referred to the Rules Committee for placement on the calendar. HB 30 The Judiciary Committee has considered: HOUSE BILL NO. 30 An Act relating to civil liability for skateboarding; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 30(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Croft, Porter, Green No recommendation (1): Berkowitz The following fiscal notes apply to CSHB 30(JUD): Zero fiscal note, By Sponsor, 1/31/97 Zero fiscal note, Alaska Court System, 1/31/97 HB 30 was referred to the Finance Committee. HB 50 The State Affairs Committee has considered: HOUSE BILL NO. 50 An Act relating to the use of broadcasting to promote or conduct certain classics or sweepstakes; and providing for an effective date. 1997-02-21 House Journal Page 0421 HB 50 and recommends it be replaced with: CS FOR HOUSE BILL NO. 50(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): Hodgins, Vezey, Ivan, James Do not pass (1): Elton No recommendation (2): Berkowitz, Dyson The following fiscal note applies to CSHB 50(STA): Zero fiscal note, Dept. of Revenue, 2/21/97 HB 50 was referred to the Finance Committee. HB 65 The State Affairs Committee has considered: HOUSE BILL NO. 65 An Act relating to partial-birth abortions. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Hodgins, Dyson, Vezey Do not pass (1): Berkowitz No recommendation (1): Ivan The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 2/21/97 Zero fiscal note, Dept. of Health & Social Services, 2/21/97 1997-02-21 House Journal Page 0422 HB 65 HB 65 was referred to the Judiciary Committee. HB 89 The Resources Committee has considered: HOUSE BILL NO. 89 An Act relating to the Shuyak Island State Park. and recommends it be replaced with: CS FOR HOUSE BILL NO. 89(RES) (same title) The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (5): Williams, Dyson, Green, Nicholia, Joule No recommendation (3): Barnes, Masek, Ogan The following fiscal note applies to CSHB 89(RES): Zero fiscal note, House Resources Committee/Dept. of Natural Resources, 2/21/97 HB 89 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 73 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 73 An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date. The report was signed by Representative Austerman, Chair, with the following individual recommendations: 1997-02-21 House Journal Page 0423 HB 73 Do pass (3): Austerman, Kubina, Hodgins No recommendation (1): Ivan The following fiscal notes apply: Fiscal note, Dept. of Revenue, 2/21/97 Fiscal note, Dept. of Commerce & Economic Development, 2/21/97 HB 73 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Celebrating - The Rededication and 100th Anniversary of Unalaska Holy Ascension Cathedral By Representative Moses Commemorating - Black History Month, February 1997 By Representatives Elton, Hudson; Senator Duncan Honoring - Present and Former Members of the Alaska Permanent Fund Corporation Board of Trustees By Representative Phillips Honoring - Ruthie Sadler, Soldotna Chamber of Commerce, 1996 Outstanding Youth Award By Representatives Davis, Phillips, Hodgins; Senator Torgerson Honoring - Dan Newman, Governor's Award for Arts Education By Representative Grussendorf Honoring - Juneau Skier Hilary Lindh, World Downhill Champion By Representatives Elton, Hudson; Senator Duncan Honoring - Lynette A. Turner By Senator Duncan; Representatives Elton, Hudson 1997-02-21 House Journal Page 0424 In Memoriam - Con Miller By Representative Therriault and In Memoriam - Michael Carl Sunderland By Representative Ogan In Memoriam - Father George S. Endal, S.J. By Senator Ellis which were taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 24 HOUSE JOINT RESOLUTION NO. 24 by Representative Williams: Relating to challenging the environmental and economic integrity of Alaska timber as Christmas decor for the United States Capitol. was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 132 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 132 by Representative Davis, entitled: An Act relating to municipal taxation of alcoholic beverages. was read the first time and referred to the Community & Regional Affairs, Judiciary and Finance Committees. HB 151 HOUSE BILL NO. 151 by Representative Ogan, entitled: 1997-02-21 House Journal Page 0425 HB 151 An Act relating to personal hunting of big game by big game guides while clients are in the field and to use area registration for portions of additional guide use areas by registered guides. was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 101 The following was read the second time: HOUSE BILL NO. 101 An Act relating to certain irrevocable transfers in trust, to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 5DP 1NR 308 3 ZERO FISCAL NOTES (DCED, LAW, REV) 308 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 101(L&C) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 101(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 101(L&C) was read the third time. **The presence of Representative Green was noted. 1997-02-21 House Journal Page 0426 HB 101 Representative Therriault declared a conflict of interest. The question being: Shall CSHB 101(L&C) pass the House? The roll was taken with the following result: CSHB 101(L&C) Third Reading Final Passage YEAS: 27 NAYS: 8 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Hanley, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Excused: Brice, Hodgins, Ivan, Williams Absent: Moses And so, CSHB 101(L&C) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kubina gave notice of reconsideration of his vote on CSHB 101(L&C). LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1997-02-21 House Journal Page 0427 Honoring - John Lentine, BP Teacher of Excellence By Representatives Brice, Phillips, Berkowitz, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - Dick and Shirley Morgan, 1996 Pioneer Award, Kenai Chamber of Commerce By Representatives Hodgins, Phillips, Berkowitz, Croft, Davies, Davis, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams, Honoring - Alaska Anvil, 1996 Business of the Year Award, North Peninsula Chamber of Commerce By Representatives Hodgins, Phillips, Berkowitz, Croft, Davies, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward Honoring - Steve S. Kalwara upon his Retirement By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Porter, Rokeberg, Therriault, Williams Honoring - David L. Bartlett upon his Retirement By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Porter, Rokeberg, Therriault, Williams UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Croft - from 1:22 p.m., plane time, February 27 to 1:40 p.m., plane time, March 4, 1997 Representative Kookesh - from noon, plane time, February 24 to 9:00 a.m., plane time, February 25, 1997 1997-02-21 House Journal Page 0428 Representative Moses - from 6:30 a.m., plane time, February 28 to 9:35 p.m., plane time, March 4, 1997 Representative Mulder - from 6:25 a.m., plane time, February 28 to 9:53 p.m., plane time, March 1, 1997 (amended from page 387) Representative Ivan - from 10:15 a.m., plane time, February 21 to 10:00 p.m., plane time, February 24, 1997 (amended from page 227) HB 53 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: HOUSE BILL NO. 53 An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; authorizing an agreement by which the Department of Corrections may, for the benefit of the state, enter into one lease of, or similar agreement to use, space within a correctional facility that is operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the lease or use agreement; and giving notice of and approving a lease-purchase agreement or similar use-purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation. HB 53 was removed from the State Affairs Committee and referred to the Judiciary Committee. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citations In Memoriam - Michael Carl Sunderland and In Memoriam - Father George S. Endal, S.J. be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. 1997-02-21 House Journal Page 0429 Representative Porter moved and asked unanimous consent that the House approve the citations. There being no objection, the following citations were approved and sent to enrolling: In Memoriam - Michael Carl Sunderland By Representatives Ogan, Phillips, Berkowitz, Croft, Davies, Elton, Foster, Hanley, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Porter, Rokeberg, Sanders, Therriault, Vezey In Memoriam - Father George S. Endal, S.J. By Senator Ellis, Representatives Phillips, Berkowitz, Croft, Davies, Dyson, Elton, Foster, Hanley, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey UNFINISHED BUSINESS HJR 20 Representatives Green and Masek added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 20 Relating to RS 2477 rights-of-way. HB 58 Representative Bunde added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58 An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; amending Rule 511, Alaska Rules of Appellate Procedure; and providing for an effective date. HB 95 Representative Cowdery added his name as cosponsor to: HOUSE BILL NO. 95 An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date. 1997-02-21 House Journal Page 0430 HB 101 Representative Therriault added his name as cosponsor to: CS FOR HOUSE BILL NO. 101(L&C) An Act relating to certain irrevocable transfers in trust, to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests; and providing for an effective date. HB 116 Representative Elton added his name as cosponsor to: HOUSE BILL NO. 116 An Act relating to workers' compensation self-insurance. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 24, 1997. There being no objection, the House adjourned at 11:26 a.m. Suzi Lowell Chief Clerk