Legislature(1997 - 1998)
1997-02-25 House Journal
Full Journal pdf1997-02-25 House Journal Page 0459 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday February 25, 1997 Forty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:07 a.m. Roll call showed 37 members present. Representative Brice had been previously excused from a call of the House today. Representatives Kookesh and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Reverend Leon Thompson of the Chapel by the Lake Presbyterian Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear God: We are grateful and thankful for the life and the lives You have given each of us. We have been given breath and movement, gifts and talents, abilities and tasks. This day may we step up to the challenges that come before each of us. In our conversations and in our deliberations, give us a kind and loving spirit. Give us the ability to stand firm on the issues that are at times tough and almost always controversial. When this day is complete, may we look back upon it and be able to say with a clear conscience, 'Well Done.' Help us to act with courage and wisdom. Where there is need to listen, give us ears to hear. Where there is need to see, give us vision that is clear. Where there is need to speak, give us courage to proclaim the truth as we perceive it. 1997-02-25 House Journal Page 0460 Where there are issues of justice, let us stand boldly. Where there is need to confront, let us do it with a spirit of love, yet not compromising our strong convictions. Oh God, may all the Legislators in the House and Senate work for the good of all the people in this great land we call Alaska. We give thanks for their commitment of time, energy and service. Surround us this day with Your presence and help us to continually call upon Your direction, strength and wisdom in all that we do. We commit this day to You and give praise to You for all You have done from the beginning of time. Amen The Pledge of Allegiance was led by Representative Green. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 43rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 24, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 5 SENATE CONCURRENT RESOLUTION NO. 5 by the Senate Rules Committee: 1997-02-25 House Journal Page 0461 SCR 5 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee for placement on the calendar. COMMUNICATIONS The following report was received: Dept. of Environmental Conservation Spill Prevention and Response Division Storage Tank Assistance Fund Annual Report Fiscal Year 1996 (as required by AS 46.03.410) REPORTS OF STANDING COMMITTEES HB 55 The Transportation Committee has considered: HOUSE BILL NO. 55 An Act relating to the fiscal operations of the Alaska Railroad Corporation and to land acquired by the State of Alaska under the Alaska Railroad Transfer Act of 1982 or otherwise acquired for railroad purposes; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 55(TRA) An Act relating to the fiscal operations of the Alaska Railroad Corporation; and providing for an effective date. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (2): Sanders, Cowdery 1997-02-25 House Journal Page 0462 HB 55 Do not pass (2): Hudson, Elton No recommendation (2): Masek, Williams The following fiscal notes apply to CSHB 55(TRA): Zero fiscal note, Dept. of Law, 2/25/97 Zero fiscal notes (2), Dept. of Natural Resources, 2/25/97 HB 55 was referred to the State Affairs Committee. HB 69 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 69 An Act relating to designating flunitrazepam as a schedule IVA controlled substance; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (10): Therriault, Hanley, Mulder, Martin, Kohring, Davies, Grussendorf, Moses, Kelly, Foster The following fiscal notes apply: Zero fiscal note, Dept. of Law, 2/13/97 Zero fiscal note, Dept. of Public Safety, 2/13/97 SSHB 69 was referred to the Rules Committee for placement on the calendar. HB 86 The Finance Committee has considered: HOUSE BILL NO. 86 An Act relating to the payments in lieu of taxes program for cities in the unorganized borough; and providing for an effective date. 1997-02-25 House Journal Page 0463 HB 86 The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Davies, Moses, Foster No recommendation (6): Therriault, Hanley, Martin, Kohring, Grussendorf, Kelly The following fiscal note applies: Zero fiscal note, Dept. of Community & Regional Affairs, 2/5/97 HB 86 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HJR 23 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (4): Austerman, Kubina, Hodgins, Ogan The following fiscal note applies: Zero fiscal note, House Special Committee on Fisheries/Dept. of Fish & Game, 2/25/97 HJR 23 was referred to the Resources Committee. HB 123 The House Special Committee on Fisheries has considered: 1997-02-25 House Journal Page 0464 HB 123 HOUSE BILL NO. 123 An Act relating to the repeal of the termination date of the federal tax obligation loan program under the Commercial Fishing Loan Act; and providing for an effective date. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (4): Austerman, Hodgins, Kubina, Ogan The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 2/25/97 HB 123 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Leah Jarvis By Representative Kubina Honoring - The Many Volunteers and Workers Who Created the Garden at Four-Corners By Representative Rokeberg Honoring - Dr. Jerry Prevo on his 25th Anniversary By Representative Ryan INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HR 7 HOUSE RESOLUTION NO. 7 by the House Rules Committee: Establishing a House Special Committee on Telecommunications. 1997-02-25 House Journal Page 0465 HR 7 was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 157 HOUSE BILL NO. 157 by Representative James, entitled: An Act repealing statutes that condition receipt of certain occupational licenses on compliance with student loan repayment provisions and compliance with support orders or payment schedules related to support orders. was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 158 HOUSE BILL NO. 158 by Representative Dyson, entitled: An Act relating to attendance at a public school on a part-time basis. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 159 HOUSE BILL NO. 159 by Representatives Kott, Mulder and Kohring, entitled: An Act relating to sale, possession, and purchase of tobacco and tobacco products; amending Rules 603 and 611(d), Alaska Rules of Appellate Procedure; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. 1997-02-25 House Journal Page 0466 HB 160 HOUSE BILL NO. 160 by the House Rules Committee by request of the Select Committee on Legislative Ethics, entitled: An Act relating to legislative ethics; relating to the filing of disclosures by certain legislative employees and officials; and providing for an effective date. was read the first time and referred to the Legislative Council and the Rules Committee. HB 161 HOUSE BILL NO. 161 by Representative James, entitled: An Act relating to deregulation of public utilities furnishing collection and disposal service of waste material. was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 22 The following was read the second time: HOUSE BILL NO. 22 An Act relating to civil liability for illegal sales of alcoholic beverages; and providing for an effective date. with the: Journal Page JUD RPT CS(JUD) NT 7DP 371 3 ZERO FISCAL NOTES (COURT, LAW, REV) 371 **The presence of Representative Kookesh was noted. Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1997-02-25 House Journal Page 0467 HB 22 CS FOR HOUSE BILL NO. 22(JUD) An Act relating to civil liability for illegal sale or barter of an alcoholic beverage or a controlled substance; and providing for an effective date. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 22(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 22(JUD) was read the third time. The question being: Shall CSHB 22(JUD) pass the House? The roll was taken with the following result: CSHB 22(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Brice And so, CSHB 22(JUD) 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. CSHB 22(JUD) was referred to the Chief Clerk for engrossment. 1997-02-25 House Journal Page 0468 The Speaker ordered the House at ease at 10:40 a.m. to allow members of the Senate to enter the House Chamber. JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Miller who called the joint session to order at 11:00 a.m. The purpose of the joint session was to hear the State of the Judiciary Address by the Honorable Allen Compton, Chief Justice of the Alaska Supreme Court. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Miller appointed Representative Green and Senator Green to escort the Chief Justice to the joint session. The Senate Sergeant-at-arms announced the Chief Justices entrance into the House Chamber. Chief Justice Compton was escorted to the rostrum and welcomed by President Miller. Chief Justice Compton introduced the following members of the Supreme Court: Chief Judge Alexander O. Bryner Justice Dana A. Fabe Justice Robert L. Eastaugh Justice Warren M. Matthews Retiring Justice Jay A. Rabinowitz Chief Justice Compton's address appears in House and Senate Joint Journal Supplement No. 6. 1997-02-25 House Journal Page 0469 Chief Justice Compton received a standing ovation and was escorted from the Chamber by Representative Green and Senator Green. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Miller adjourned the joint session at 11:31 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:34 a.m. SECOND READING OF HOUSE BILLS (Continued) HB 35 The following was read the second time: HOUSE BILL NO. 35 An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date. with the: Journal Page CRA RPT 6DP 239 FISCAL NOTE (DCRA) 239 FIN RPT 4DP 4NR 2AM 394 FISCAL NOTE (DCRA) 2/5/97 394 Representative Porter moved and asked unanimous consent that HB35 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 35 was read the third time. The question being: Shall HB 35 pass the House? The roll was taken with the following result: 1997-02-25 House Journal Page 0470 HB 35 HB 35 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Brice Absent: Foster, Kott, Vezey And so, HB 35 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. HB 35 was referred to the Chief Clerk for engrossment. 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: Honoring - Red Swanson on his 85th Birthday By Representatives Martin, Hudson, Phillips, Barnes, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-02-25 House Journal Page 0471 Honoring - Kathryn Thomas, Soldotna Chamber of Commerce, 1996 Governmental & Civic Affairs Award By Representatives Phillips, Hodgins, Barnes, Croft, Davies, Davis, Green, Grussendorf, Hanley, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Nick Dudiak, 1996 Citizen of the Year, Homer Chamber of Commerce By Representatives Phillips, Barnes, Croft, Davies, Davis, Green, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Loretta C. Breeden By Representatives Phillips, Hodgins, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, 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 Barnes - from 1:22 p.m., plane time, February 27 to 9:53 p.m., plane time, March 3, 1997 Representative Hodgins - from 6:45 p.m., plane time, February 27 to 9:35 a.m., plane time, March 5, 1997 (amended from page 227) HCR 4 Representative Barnes added her name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 4 Relating to records generated and maintained by the Department of Health and Social Services. 1997-02-25 House Journal Page 0472 HJR 20 Representative Rokeberg added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 20 Relating to RS 2477 rights-of-way. HB 4 Representative Barnes added her name as cosponsor to: HOUSE BILL NO. 4 An Act relating to permits issued by the Department of Fish and Game for activities in anadromous fish streams, to forest land use plans prepared by the Department of Natural Resources, to rights- of-way, easements, and permits issued by the Department of Natural Resources, and to disposal of state land and interests in state land. HB 22 Representatives Croft, Elton and Rokeberg added their names as cosponsors to: CS FOR HOUSE BILL NO. 22(JUD) An Act relating to civil liability for illegal sale or barter of an alcoholic beverage or a controlled substance; and providing for an effective date. HB 86 Representative Kubina added his name as cosponsor to: HOUSE BILL NO. 86 An Act relating to the payments in lieu of taxes program for cities in the unorganized borough; and providing for an effective date. ENGROSSMENT HB 22 CSHB 22(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-02-25 House Journal Page 0473 HB 35 HB 35 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber noon, 2/25 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 26, 1997. There being no objection, the House adjourned at 11:45 a.m. Suzi Lowell Chief Clerk