Legislature(1997 - 1998)
1997-03-06 House Journal
Full Journal pdf1997-03-06 House Journal Page 0553 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday March 6, 1997 Fifty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:05 a.m. Roll call showed 36 members present. Representative Dyson was excused from a call of the House due to illness. Representatives Hanley, Kelly and Moses were absent and their presence was noted later. The invocation was offered by the Chaplain, Associate Pastor Mary Ann Warden of the Northern Light United Church. Representative Kubina moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord, help me to persist although I want to give up. Lord, help me to keep trying although I can't see what good it does. Lord, help me to keep praying although I'm not sure You hear me. Lord, help me to keep living in ways that seek to please You. Lord, help me to know when to lead and when to follow. Lord, help me to know when to speak and when to remain silent. Lord, help me to know when to act and when to wait. Lord, give me good sense and good spirit today. I am sorely lacking in both. Only You can help me overcome me. Lord, I want to be free of the pressures to do great things in the world by being great in doing small things for You. Amen. (From Guide My Feet by Marian Wright Edelman) 1997-03-06 House Journal Page 0554 The Pledge of Allegiance was led by Representative Nicholia. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 52nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following report was received: Dept. of Community & Regional Affairs Alaska Head Start Annual Report for 1996 REPORTS OF STANDING COMMITTEES HB 13 The Finance Committee has considered: HOUSE BILL NO. 13 An Act relating to marine safety training and education programs. and recommends it be replaced with: CS FOR HOUSE BILL NO. 13(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (3): Kohring, Davies, Foster No recommendation (4): Therriault, Hanley, Martin, Davis The following fiscal notes apply to CSHB 13(FIN): 1997-03-06 House Journal Page 0555 HB 13 Zero fiscal note, House Finance Committee/Dept. of Revenue, 3/6/97 Zero fiscal note, Dept. of Labor, 2/21/97 HB 13 was referred to the Rules Committee for placement on the calendar. HB 30 The Finance 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(FIN) An Act relating to civil liability for certain skating and cycling activities; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (7): Therriault, Hanley, Mulder, Kohring, Davies, Davis, Foster The following fiscal notes apply to CSHB 30(FIN): Zero fiscal note, By Sponsor, 1/31/97 Zero fiscal note, Alaska Court System, 1/31/97 HB 30 was referred to the Rules Committee for placement on the calendar. SJR 12 The Transportation Committee has considered: SENATE JOINT RESOLUTION NO. 12 am Relating to reconstruction and paving of the Alaska Highway. 1997-03-06 House Journal Page 0556 SJR 12 The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Kookesh, Sanders, Cowdery, Masek, Williams No recommendation (1): Elton The following fiscal note applies: Senate zero fiscal note, Senate Transportation Committee, 2/21/97 SJR 12 am was referred to the Rules Committee for placement on the calendar. SB 10 The Transportation Committee has considered: SENATE BILL NO. 10 An Act naming Mountain View Road in Gustavus. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Hudson, Elton, Kookesh, Sanders, Cowdery, Masek, Williams The following fiscal note applies: Senate zero fiscal note, Dept. of Transportation & Public Facilities, 1/23/97 SB 10 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: 1997-03-06 House Journal Page 0557 Honoring - John Morgan By Representative Barnes Honoring - Carole S. Edwards By Senator Duncan; Representatives Elton, Hudson Honoring - Lucille Stietz on her Retirement By Senator Phillips In Memoriam - Roy J. Textor By Senators Green, Halford; Representatives Kohring, Ogan, Masek **The presence of Representatives Kelly and Moses was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 174 HOUSE BILL NO. 174 by Representative Martin, entitled: An Act relating to the disposal of state and municipal land and to taxation of that land. was read the first time and referred to the Resources and State Affairs Committees. HB 175 HOUSE BILL NO. 175 by Representative Vezey, entitled: An Act relating to issuance of motor vehicle registrations and titles, and to licenses and permits to operate a motor vehicle. was read the first time and referred to the Transportation and Judiciary Committees. HB 176 HOUSE BILL NO. 176 by the House Rules Committee by request of the Governor, entitled: 1997-03-06 House Journal Page 0558 HB 176 An Act relating to a salmon product development and marketing tax credit under the Alaska fisheries business tax and the Alaska fisheries resource landing tax; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries, the Resources and Finance Committees. The following fiscal note applies: Fiscal note, Dept. of Revenue, 3/6/97 The Governor's transmittal letter, dated March 5, 1997, appears below: Dear Speaker Phillips: World supplies of salmon have more than doubled in the past decade. Farmed salmon has been aggressively marketed to displace Alaska salmon in several domestic and international markets. To meet this challenge and increase demand for Alaska salmon, we must expand our markets by diversifying the products we offer to our customers and stepping-up our marketing efforts. This legislation was recommended by participants at the Salmon Industry Forum my Administration held recently. It is designed to promote both of these goals while simultaneously increasing the value of the resource to all industry participants, including ex-vessel prices paid to fishermen. This will, in turn, expand employment opportunities in the production of value- added products in Alaska. This bill, part of my Alaska Business Investment Incentive Plan, provides a tax credit against a companys fisheries business tax (raw fish tax) for the purchase of processing equipment that is used in Alaska to produce value-added salmon products. The credit would only apply to equipment that would process salmon beyond a headed and gutted product, excluding canned salmon. In addition, the bill attempts to assist with clearing one of the mightiest hurdles entrepreneurs face--successful marketing of a new product--by extending the raw fish tax credits to marketing efforts for new Alaska salmon products. 1997-03-06 House Journal Page 0559 HB 176 Tax credits would not exceed 50% of a company's salmon tax liability and could not be used to fund more than 50% of an expenditure. The credit would be available for the 1997, 1998 and 1999 tax years with a two-year carry-forward through 2001. These coming years will be, perhaps, the most critical years the Alaska salmon industry has ever faced. This legislative proposal is designed to be very surgical. It is not a tax holiday; it is a hand-up to those Alaska salmon businesses that are taking on a tremendous risk and expense in developing new and innovative products, so that more people will eat Alaska salmon. Ensuring the salmon industry is equipped to meet the challenges of the world marketplace will pay big dividends to Alaskas economic future. Sincerely, /s/ Tony Knowles Governor HB 177 HOUSE BILL NO. 177 by the House Rules Committee by request of the Governor, entitled: An Act relating to loans to commercial fishermen for marketing development purposes; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee, the House Special Committee on Fisheries and the Finance Committee. The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 3/6/97 The Governors transmittal letter, dated March 5, 1997, appears below: Dear Speaker Phillips: Alaskas salmon industry is facing extremely difficult times; some have even referred to it as a crisis. World salmon supplies have more than 1997-03-06 House Journal Page 0560 HB 177 doubled in the past decade, primarily due to the ever-increasing supplies of farmed salmon from other parts of the world. As a result, prices for Alaska salmon have plummeted, threatening every segment of the industry. As part of my Alaska Business Investment Incentive Plan, I have proposed legislation to grant tax credits to salmon processors who develop and market new, value-added salmon products. In order to provide another, and more direct form of assistance to fishermen in broadening market options, I am also proposing this bill to authorize lending from the Commercial Fishing Revolving Loan Fund (CFRLF) to Alaska fishermen who choose to market their own fish. The Harvester Marketing Loan Program will provide capital to commercial fishermen to diversify their markets. This concept was discussed at my Administrations recent Salmon Strategy Forum and presented as an option that would allow harvesters to pursue alternative approaches for selling their catch. Under the proposal, the Department of Commerce and Economic Development could make loans to qualified resident commercial fishermen similar to loans currently made for limited entry permits, vessels and quota shares. Lending priority for the various types of loans made from the fund is established by regulation. The current plan is to make marketing loans a high priority until $2 million is lent, and then a low priority after that amount. This would ensure that the original purposes of the CFRLF will continue to be met, while still allowing these new loans to be made. The CFRLF currently lends approximately $15 million per year; this proposal will not change that amount. All sectors of Alaskas salmon industry must be able to adapt to be competitive in the changing world marketplace. This should include exploring and developing potential new market niches, trying alternative approaches to marketing, and broadening available options 1997-03-06 House Journal Page 0561 HB 177 for direct fish sales. This bill will encourage and enable some creative, entrepreneurial fishermen to do that. Sincerely, /s/ Tony Knowles Governor HB 178 HOUSE BILL NO. 178 by the House Labor and Commerce Committee by request, entitled: An Act relating to letters of credit under the Uniform Commercial Code; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. HB 179 HOUSE BILL NO. 179 by the House Labor and Commerce Committee by request, entitled: An Act relating to fraternal benefit societies; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 180 HOUSE BILL NO. 180 by Representative Austerman, entitled: An Act relating to revocation of a minor's driver's license; and providing for an effective date. was read the first time and referred to the Transportation and Judiciary Committees. 1997-03-06 House Journal Page 0562 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 26 The following was read the second time: HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date. with the: Journal Page RES RPT 6DP 2NR 186 FISCAL NOTE (F&G) 187 FIN RPT 5DP 3NR 419 FISCAL NOTE (F&G) 1/31/97 420 Representative Porter moved and asked unanimous consent that HB 26 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 26 was read the third time. The question being: Shall HB 26 pass the House? The roll was taken with the following result: HB 26 Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davis, Foster, Green, Hodgins, Hudson, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Nays: Croft, Davies, Elton, Grussendorf, Ivan, Kemplen, Kookesh, Kubina Excused: Dyson 1997-03-06 House Journal Page 0563 HB 26 Absent: Hanley, Rokeberg And so, HB 26 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 26 was referred to the Chief Clerk for engrossment. HB 117 The following was read the second time: HOUSE BILL NO. 117 An Act relating to boiler and pressure vessel inspection standards; relating to elevator safety and inspection standards; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 4DP 395 ZERO FISCAL NOTE (LABOR) 396 **The presence of Representative Hanley was noted. 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. 117(L&C) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 117(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 117(L&C) was read the third time. 1997-03-06 House Journal Page 0564 HB 117 The question being: Shall CSHB 117(L&C) pass the House? The roll was taken with the following result: CSHB 117(L&C) Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Barnes, James, Therriault, Vezey Excused: Dyson And so, CSHB 117(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. CSHB 117(L&C) was referred to the Chief Clerk for engrossment. SENATE BILLS IN THIRD READING SB 56 The following, which had been held on reconsideration until today's calendar (page 549), was again before the House in third reading: 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. 1997-03-06 House Journal Page 0565 SB 56 Representative Mulder moved and asked unanimous consent that SB56 be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. Amendment No. 10 was offered by Representatives Mulder and Davies: Page 3, line 17, following "arrow.": Insert "The department may except a sign from the width and height requirements of this subsection if the sign does not exceed 90 inches in width or 18 inches in height and the department finds that the exception is consistent with the purposes of this subsection." Representative Mulder moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: SB 56--RECONSIDERATION Second Reading Amendment No. 10 YEAS: 35 NAYS: 2 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kohring, Ogan Excused: Dyson Absent: Kott, Vezey And so, Amendment No. 10 was adopted. 1997-03-06 House Journal Page 0566 SB 56 The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Masek Representative James Objection was heard, and the members were required to vote. The question to be reconsidered: Shall SB 56 am H pass the House? The roll was taken with the following result: SB 56 am H--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Excused: Dyson And so, SB 56 am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 7 The following was read the second time: SENATE JOINT RESOLUTION NO. 7 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. 1997-03-06 House Journal Page 0567 SJR 7 with the: Journal Page MLV RPT 7DP 312 SENATE ZERO FISCAL NOTE (DMVA) 1/24/97 312 STA RPT 7DP 505 SENATE ZERO FN (DMVA) 1/24/97 505 Representative Porter moved and asked unanimous consent that SJR7 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 7 was read the third time. The question being: Shall SJR 7 pass the House? The roll was taken with the following result: SJR 7 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, 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 Excused: Dyson Absent: Moses And so, SJR 7 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SCR 4 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 4 Relating to declaring March 1997 as Sobriety Awareness Month. 1997-03-06 House Journal Page 0568 SCR 4 The question being: Shall SCR 4 pass the House? The roll was taken with the following result: SCR 4 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, 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 Excused: Dyson Absent: Moses And so, SCR 4 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 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 - Joyanne Bloom, Alaska Close Up Program By Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Ivan, James, Joule, Kemplen, Kott, Kubina, Nicholia, Porter, Therriault, Williams; Senator Duncan Honoring - Kenneth Sykes By Representatives Barnes, Phillips, Berkowitz, Davies, Ivan, James, Joule, Kohring, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - James M. Wilson, 1996 Pilot of the Year By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Bunde, Croft, Davies, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Ryan, Therriault, Williams 1997-03-06 House Journal Page 0569 In Memoriam - Edna Brown By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Elton, Foster, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Therriault, Vezey, Williams In Memoriam - Stanley Odis Smith By Representatives Barnes, Ryan, Phillips, Berkowitz, Bunde, Croft, Davies, Elton, Foster, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg, Vezey, Williams In Memoriam - Judge Ralph Moody By Representatives Berkowitz, Phillips, Austerman, Brice, Croft, Davies, Elton, Foster, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams In Memoriam - Ronald Dale Edwards By Senator Hoffman; Representatives Ivan, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, 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 Masek - from 1:22 p.m., plane time, March 14 to 9:33 a.m., plane time, March 17, 1997 Representative Cowdery - from 6:00 a.m., plane time, March 27 to 8:30 p.m., plane time, March 31, 1997 Representative Hodgins - from 6:42 p.m., plane time, March 8 to 5:47 p.m., plane time, March 10, 1997 Representative Williams - from 6:00 a.m., plane time, March 7 to 9:20 a.m., plane time, March 8, 1997 1997-03-06 House Journal Page 0570 HB 26 Representative Ryan added his name as cosponsor to: HOUSE BILL NO. 26 An Act relating to big game tags for wolves; and providing for an effective date. HB 125 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 125 An Act relating to contributions from permanent fund dividends to the Alaska children's trust; and providing for an effective date. HB 161 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 161 An Act relating to deregulation of public utilities furnishing collection and disposal service of waste material. SCR 4 Representatives Ryan, James, Davies, and Nicholia added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 4 Relating to declaring March 1997 as Sobriety Awareness Month. SJR 7 Representatives Ogan, Croft, James, Green, Kelly, Cowdery, Davies, Porter, Kemplen, and Berkowitz added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 7 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. SB 56 Representative James added her name as cross sponsor to: 1997-03-06 House Journal Page 0571 SB 56 SENATE BILL NO. 56 am H 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. ENGROSSMENT HB 26 HB 26 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 117 CSHB 117(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 56 SB 56 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 43 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:15 a.m., March 6, 1997: CS FOR HOUSE BILL NO. 43(FIN) An Act relating to registration of vehicles, to municipal taxation of vehicles, and to emission control inspection fees for vehicles; and providing for an effective date. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:00 p.m., 3/6 1997-03-06 House Journal Page 0572 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 7, 1997. There being no objection, the House adjourned at 11:28 a.m. Suzi Lowell Chief Clerk