Legislature(1997 - 1998)

1997-02-25 House Journal

Full Journal pdf

1997-02-25                     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