Legislature(1997 - 1998)
1997-02-26 House Journal
Full Journal pdf1997-02-26 House Journal Page 0475 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 26, 1997 Forty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:09 a.m. Roll call showed 40 members present. 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: Creator God, As we awakened this morning we were reminded of the many activities ahead of us. We take a moment out of our busy day to acknowledge and honor You. You created us, made and molded each of us unique and individual. We thank You for the creation of all things good and Your continued creativity in each of us. As we embark upon this day help us to be mindful that the one powerful enough to create this world is also powerful enough to walk with us and guide us through the busy activities of our lives. Help us to look toward You in our decisions and in the work to which weve been called. We thank You that we are not all the same. You created us unique and special. Help us honor that uniqueness in others with respect. May we stand firm in our own convictions and 1997-02-26 House Journal Page 0476 at the same time listen carefully to the convictions of others. When it comes time to make decisions on behalf of the people of this great land may we honor You by doing what we believe to be right and just. Again, we thank You for all the Legislators who make up this body and the work to which theyve been called. We also ask for direction and guidance in the Senate this day. Help both bodies to find meaning in their work and significance in their decision making, for the work is not easy and the decisions are most difficult at times. Help us always to move with the convictions of our conscience, but may our conscience be guided by Your will. We give thanks for this new day and the challenging work that lies before us. This prayer we offer to the one who created us and sustains us. Amen. The Pledge of Allegiance was led by Representative Davis. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 44th legislative day and the House and Senate Joint Journal Supplement No. 6 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 25, 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: 1997-02-26 House Journal Page 0477 The following appointments were referred to the Labor & Commerce Committee: Dental Examiners Dr. James Arneson - Kodiak Appointed: 07/19/93 Reappointed: 02/20/97 Expires: 02/01/01 Dr. James Clark - Anchorage Appointed: 04/07/95 Reappointed: 02/20/97 Expires: 02/01/01 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95 Reappointed: 02/20/97 Expires: 01/31/01 Midwives Mark Richey - Anchorage Appointed: 02/20/97 Expires: 07/21/99 Architects, Engineers, and Land Surveyors Marcia Davis - Anchorage Appointed: 02/20/97 Expires: 07/01/98 Marine Pilots Barbara Huff Tuckness - Anchorage Appointed: 02/20/97 Expires: 06/01/99 David Stewart - Anchorage Appointed: 02/20/97 Expires: 06/01/00 The following appointments were referred to the State Affairs Committee: Human Rights Commission Kathy Wisthoff - Anchorage Appointed: 02/20/97 Expires: 01/31/02 Reverend Richard Heacock - Fairbanks Appointed: 02/20/97 Expires: 01/31/99 1997-02-26 House Journal Page 0478 The following appointment was referred to the Judiciary Committee: Bar Association Debra L. Call - Anchorage Appointed: 02/20/97 Expires: 06/30/99 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE A message dated February 25, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 19 SENATE BILL NO. 19 am by Senators Sharp, Taylor and Donley, entitled: An Act relating to enforcement of federal laws relating to fish and game; and repealing the power and duty of the commissioner of fish and game to assist in the enforcement of federal laws relating to fish and game. was read the first time and referred to the Resources and Judiciary Committees. SB 22 CS FOR SENATE BILL NO. 22(RES) am by the Senate Resources Committee, entitled: An Act relating to qualifications for appointment to the Board of Game. was read the first time and referred to the Resources Committee. COMMUNICATIONS The following report was received: 1997-02-26 House Journal Page 0479 Dept. of Administration Division of Retirement and Benefits Public Employees' Retirement System Teachers' Retirement System Comprehensive Annual Financial Report Fiscal Year Ended June 30, 1996 (as required by AS 39.35.020(5) and 14.25.030(4)) REPORTS OF STANDING COMMITTEES HCR 7 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 7 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to notice of committee meetings held during the first week of a first regular session. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Hodgins, Dyson, Ivan The following fiscal note applies: Zero fiscal note, Legislative Affairs Agency, 2/26/97 HCR 7 was referred to the Rules Committee for placement on the calendar. HCR 8 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Hodgins, Dyson, Ivan 1997-02-26 House Journal Page 0480 HCR 8 The following fiscal note applies: Zero fiscal note, Legislative Affairs Agency, 2/26/97 HCR 8 was referred to the Rules Committee for placement on the calendar. HJR 18 The Health, Education & Social Services Committee has considered: HOUSE JOINT RESOLUTION NO. 18 Proposing an amendment to the Constitution of the State of Alaska relating to changing the rate of a tax or license that supports a dedication of its proceeds. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 18(STA) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (4): Dyson, Green, Bunde, Porter Do not pass (2): Vezey, Kemplen The following fiscal note applies to CSHJR 18(STA): Fiscal note, Office of the Governor, 2/12/97 HJR 18 was referred to the Judiciary Committee. HB 112 The State Affairs Committee has considered: 1997-02-26 House Journal Page 0481 HB 112 HOUSE BILL NO. 112 An Act amending the definition of 'political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of 'political organization' as applied to the regulation of games of chance and contests of skill. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Hodgins, Dyson No recommendation (1): Ivan The following fiscal notes apply: Fiscal note, Office of the Governor, 2/26/97 Zero fiscal note, Dept. of Revenue, 2/26/97 HB 112 was referred to the Rules Committee for placement on the calendar. HB 114 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 114 An Act relating to health care data and registration of births. The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (3): Dyson, Bunde, Porter No recommendation (3): Green, Vezey, Kemplen The following fiscal notes apply: Zero fiscal notes (2), Dept. of Health & Social Services, 2/26/97 1997-02-26 House Journal Page 0482 HB 114 HB 114 was referred to the Rules Committee for placement on the calendar. SJR 8 The Resources Committee has considered: SENATE JOINT RESOLUTION NO. 8 Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (9): Dyson, Williams, Green, Masek, Nicholia, Joule, Ogan, Hudson, Barnes The following fiscal note applies: Senate zero fiscal note, Senate Resources Committee, 2/11/97 SJR 8 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Valley Garden Club By Representative Masek Honoring - Andrew Paukan By Senator Adams; Representative Foster In Memoriam - John Franklin McCune By Representative Kubina; Senator Lincoln 1997-02-26 House Journal Page 0483 In Memoriam - Peter Michael Murphy By Representative Kubina; Senator Lincoln In Memoriam - Joseph L. Gielarowski II and Cheyenne Gielarowski By Senator Green In Memoriam - Willard H. Johnson By Senator Green and Celebrating - Victory Bible Camp 50th Anniversary By Senators Green, Leman; Representatives Kohring, Ogan In Memoriam - Annette Barnes By Representative Brice; Senator Wilken In Memoriam - Jerry Chud By Senator Green which were taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 25 HOUSE JOINT RESOLUTION NO. 25 by Representative Austerman: Proposing amendments to the Constitution of the State of Alaska to guarantee the permanent fund dividend, to provide for inflation- proofing, and to require a vote of the people before spending undistributed income from the earnings reserve of the permanent fund; and relating to the permanent fund. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. 1997-02-26 House Journal Page 0484 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 56 The following was read the second time: SENATE BILL NO. 56 An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height, relating to penalties for violations related to outdoor advertising, and annulling a regulation of the Department of Transportation and Public Facilities. with the: Journal Page FIN RPT HCS(FIN) 5DP 3NR 1AM 440 SENATE ZERO FISCAL NOTE (DOT) 1/29/97 440 Amendment No. 1 was offered by Representative Kemplen: Page 3, line 8: Delete shall Insert may Representative Kemplen moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 1 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-02-26 House Journal Page 0485 SB 56 Nays: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Barnes And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 3, line 23, through page 4, line 2: Delete all material. Renumber the following bill section accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative James objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 2 YEAS: 13 NAYS: 23 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Barnes, Martin, Ogan, Williams And so, Amendment No. 2 was not adopted. 1997-02-26 House Journal Page 0486 SB 56 Amendment No. 3 was offered by Representative Croft: Page 3, line 11, following "determined": Insert "by the department" Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative James objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 3 YEAS: 13 NAYS: 25 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Brice, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Martin, Ogan And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Croft: Page 3, lines 21 - 22: Delete "In scenic areas, the department shall control the location of directional signs in a manner that maintains the quality of scenic areas." Insert "The department may not permit the placement of directional signs in scenic areas." Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. 1997-02-26 House Journal Page 0487 SB 56 Representative James objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 4 YEAS: 10 NAYS: 29 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Moses, Nicholia Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Kubina, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Martin And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Berkowitz: Page 3, line 8: Delete "shall erect, or permit the erection of," Insert "may issue a permit authorizing the erection of" Page 3, line 11, following "areas.": Insert "The permits are valid for four years. If the department issues a permit, the department shall erect, or allow the erection of, a tourist oriented directional sign at an appropriate location." Representative Berkowitz moved and asked unanimous consent that Amendment No. 5 be adopted. Representative James objected. 1997-02-26 House Journal Page 0488 SB 56 The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 5 YEAS: 10 NAYS: 26 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davies, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Absent: Joule, Martin, Rokeberg, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 3, line 9: Delete and outside of Page 3, line 11, following industrial areas.: Delete The signs may be erected on private land adjacent to the rights-of-way of interstate, primary, and secondary highways in this state if permission for the erection of the sign is granted by the owner of the private land. Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative James objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: 1997-02-26 House Journal Page 0489 SB 56 SB 56 Second Reading Amendment No. 6 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Absent: Rokeberg And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Davies: Page 3, line 27: Delete $1,000 Insert $500 for the first violation, nor more than $1,000 for a second violation, nor more than $2,000 for a third or subsequent violation Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Porter objected. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 7 YEAS: 12 NAYS: 26 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Hanley, Joule, Kemplen, Kubina, Nicholia 1997-02-26 House Journal Page 0490 SB 56 Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kookesh, Moses And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Davies: Page 4, following line 3, add a new bill section to read: *Sec. 8. Sec. 7 is effective January 1, 1998. Representative Davies moved and asked unanimous consent that Amendment No. 8 be adopted. Representative James objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: SB 56 Second Reading Amendment No. 8 YEAS: 9 NAYS: 29 EXCUSED: 0 ABSENT: 2 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kookesh, Moses And so, Amendment No. 8 was not adopted. 1997-02-26 House Journal Page 0491 SB 56 The Speaker stated that SB 56 will be in third reading on the February 27, 1997, calendar. SECOND READING OF SENATE RESOLUTIONS SCR 5 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 5 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. The following fiscal note was published: Zero fiscal note, House Rules Committee, 2/26/97 The question being: Shall SCR 5 pass the House? The roll was taken with the following result: SCR 5 Second Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Brice, Davies Absent: Grussendorf, Moses And so, SCR 5 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 1997-02-26 House Journal Page 0492 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 - Leah Jarvis By Representatives Kubina, Berkowitz, Croft, Davies, Elton, Ivan, James, Kemplen, Kott, Masek, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault Honoring - The Many Volunteers and Workers Who Created the Garden at Four-Corners By Representatives Rokeberg, Berkowitz, Croft, Davies, Grussendorf, Hanley, Ivan, James, Kemplen, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Vezey Honoring - Dr. Jerry Prevo on his 25th Anniversary By Representatives Ryan, Barnes, Phillips, Bunde, Cowdery, Dyson, Grussendorf, Hanley, Hodgins, Ivan, James, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey 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 Grussendorf - from 10:00 a.m., plane time, February 28 to 6:00 p.m., plane time, March 5, 1997 Representative Kemplen - from 1:22 p.m., plane time, March 14 to 10:00 p.m., plane time, March 16, 1997 Representative Ryan - from 1:48 p.m., plane time, February 28 to 9:53 p.m., plane time, March 4, 1997 Representative Hanley - from 6:45 p.m., plane time, February 28 to 9:35 a.m., plane time, March 4, 1997 (amended from page 112) 1997-02-26 House Journal Page 0493 HB 112 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 112 An Act amending the definition of 'political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of 'political organization' as applied to the regulation of games of chance and contests of skill. HB 112 was removed from the Rules Committee and referred to the Finance Committee. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citations Celebrating - Victory Bible Camp 50th Anniversary, In Memoriam - Annette Barnes, and In Memoriam - Jerry Chud be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. 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: Celebrating - Victory Bible Camp 50th Anniversary By Senators Green, Leman; Representatives Kohring, Ogan, Phillips, Bunde, Dyson, Green, Grussendorf, Hanley, Ivan, James, Kemplen, Kott, Martin, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Annette Barnes By Representatives Brice, Phillips, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams; Senator Wilkes 1997-02-26 House Journal Page 0494 In Memoriam - Jerry Chud By Senator Green; Representatives Phillips, Berkowitz, Croft, Davies, Elton, Foster, Grussendorf, James, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams UNFINISHED BUSINESS HB 35 Representative Kubina added his name as cosponsor to: HOUSE BILL NO. 35 An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 27, 1997. There being no objection, the House adjourned at 11:44 a.m. Suzi Lowell Chief Clerk