Legislature(1997 - 1998)
1997-03-14 House Journal
Full Journal pdf1997-03-14 House Journal Page 0653 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 14, 1997 Sixty-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:06 a.m. Roll call showed 35 members present. Representative Williams had been previously excused from a call of the House today. Representatives Barnes, Foster, Hanley and Therriault were absent and their presence was noted later. The invocation was offered by Nancy M. Campbell, Alaska State Prayer Coordinator of AGLOW International. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: I. Timothy 2:1, 2 Therefore, I exhort first of all that supplications, prayers, intercessions, and giving of thanks be made for all men, for kings and all who are in authority, that we may lead a quiet and peaceable life in all godliness and reverence. For this is good and acceptable in the sight of God our Savior. I. Peter 2:13, 14 Therefore submit yourselves to every ordinance of man for the Lords sake, whether to the king as supreme, or to governors, as to those who are sent by him for the punishment of evildoers and for the praise of those who do good. 1997-03-14 House Journal Page 0654 Romans 13:1 Let every soul be subject to the governing authorities. For there is no authority except from God, and the authorities that exist are appointed by God. Lord, I thank You for these men and women who are in authority here that You have placed here. I ask for Your blessing upon them and I uphold them before You this day and before Your throne. Give them a divine spirit of wisdom and understanding as they address the issues brought before them this day. I pray the peace of God, that passes all understanding, to be upon them. Guide them, dear Lord, help them to resolve any differences that may arise in the course of their day. And most of all let Your spirit, the spirit of the Sovereign Lord, rule and reign here this day. Thank You, Lord. In Jesus name. Amen. The Pledge of Allegiance was led by Representative Austerman. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 59th and 60th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HR 1 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1997-03-14 House Journal Page 0655 HR 1 HOUSE RESOLUTION NO. 1 Establishing a House Special Committee on Economic Development. House Resolve No. 1 HR 2 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 2 Establishing a House Special Committee on World Trade and State/Federal Relations. House Resolve No. 2 HR 3 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 3 Establishing a House Special Committee on International Trade and Tourism. House Resolve No. 3 HR 4 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 4 Establishing a House Special Committee on Military and Veterans' Affairs. House Resolve No. 4 1997-03-14 House Journal Page 0656 HR 5 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 5 Establishing a House Special Committee on Oil and Gas. House Resolve No. 5 HR 6 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE RESOLUTION NO. 6 Establishing a House Special Committee on Fisheries. House Resolve No. 6 HCR 1 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(WTR) Relating to a new Alaska liquefied natural gas project. Legislative Resolve No. 2 HCR 5 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 5 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Legislative Resolve No. 1 1997-03-14 House Journal Page 0657 HJR 12 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 12(RES) Urging the Secretary of the Interior to conduct competitive oil and gas lease sales within the National Petroleum Reserve in Alaska. Legislative Resolve No. 5 HB 120 A message dated March 12, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 120(JUD) An Act relating to the power of the attorney general to waive immunity from suit in federal court; and providing for an effective date. Chapter No. 3, SLA 1997 Effective Date: March 13, 1997 SCR 4 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 4 Relating to declaring March 1997 as Sobriety Awareness Month. Legislative Resolve No. 6 SCR 5 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1997-03-14 House Journal Page 0658 SCR 5 SENATE CONCURRENT RESOLUTION NO. 5 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Legislative Resolve No. 4 SJR 7 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 7 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. Legislative Resolve No. 7 SJR 9 A message dated March 12, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 9 am Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. Legislative Resolve No. 3 MESSAGES FROM THE SENATE SCR 3 A message dated March 13, 1997, was read stating the Senate has concurred in the House amendment to CSSCR 3(RES), thus adopting: CS FOR SENATE CONCURRENT RESOLUTION NO. 3(RES) am H Urging the Attorney General of the State of Alaska to use every appropriate resource and due diligence to defend the state's 1997-03-14 House Journal Page 0659 SCR 3 interests in the civil action filed against the state challenging the 1996 revisions of the Northstar unit leases, and respectfully requesting the Superior Court of the State of Alaska to give expeditious consideration to the matter. **The presence of Representative Barnes was noted. HB 101 A message dated March 13, 1997, was read stating the Senate has passed CSHB 101(L&C) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 101(JUD) An Act relating to certain irrevocable transfers in trust, to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests; and providing for an effective date. CSHB 101(L&C) is under Unfinished Business. **The presence of Representative Foster was noted. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS Messages dated March 12 and 13, 1997, were read stating the Senate has passed the following, and they are transmitted for consideration: SCR 2 CS FOR SENATE CONCURRENT RESOLUTION NO. 2(RES) by the Senate Resources Committee: Relating to management of Alaska's wildlife resources. was read the first time and referred to the Resources Committee. 1997-03-14 House Journal Page 0660 SJR 16 CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am by the Senate Resources Committee: Relating to reauthorization and reform of the Endangered Species Act. was read the first time and referred to the Resources Committee. SJR 20 CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am by the Senate Rules Committee: Requesting the United States Congress to accommodate Alaska's unique wetlands circumstances by amending the Clean Water Act to modify the wetlands regulatory program and to recognize Alaska's outstanding history of wetlands conservation. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF SENATE BILLS Messages dated March 12 and 13, 1997, were read stating the Senate has passed the following, and they are transmitted for consideration: SB 14 CS FOR SENATE BILL NO. 14(JUD) by the Senate Judiciary Committee, entitled: An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. was read the first time and referred to the Labor & Commerce Committee. 1997-03-14 House Journal Page 0661 SB 67 CS FOR SENATE BILL NO. 67(JUD) by the Senate Judiciary Committee, entitled: An Act relating to the imposition of criminal sentences; and amending Rule 32.2, Alaska Rules of Criminal Procedure. was read the first time and referred to the Judiciary and Finance Committees. SB 82 CS FOR SENATE BILL NO. 82(RLS) am by the Senate Rules Committee, entitled: An Act relating to the sale or other disposal of certain state property; and providing for an effective date. was read the first time and referred to the Finance Committee. SB 106 SENATE BILL NO. 106 by the Senate Judiciary Committee by request, entitled: An Act relating to the bond required of a notary public. was read the first time and referred to the Judiciary Committee. **The presence of Representative Therriault was noted. REPORTS OF STANDING COMMITTEES HJR 14 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 14 Relating to supporting the American Land Sovereignty Protection Act. and recommends it be replaced with: 1997-03-14 House Journal Page 0662 HJR 14 CS FOR HOUSE JOINT RESOLUTION NO. 14(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Hodgins, Dyson, Vezey No recommendation (1): Ivan The following fiscal note applies to CSHJR 14(STA): Zero fiscal note, House Special Committee on World Trade and State/Federal Relations, 2/19/97 HJR 14 was referred to the Rules Committee for placement on the calendar. HB 10 The Labor & Commerce Committee has considered: HOUSE BILL NO. 10 An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 10(L&C) An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Cowdery, Sanders, Ryan, Hudson, Rokeberg No recommendation (1): Brice 1997-03-14 House Journal Page 0663 HB 10 The following fiscal note applies to CSHB 10(L&C): Zero fiscal note, Alaska Court System, 3/14/97 HB 10 was referred to the Judiciary Committee. HB 138 The Resources Committee has considered: HOUSE BILL NO. 138 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (4): Williams, Ogan, Hudson, Joule No recommendation (5): Dyson, Green, Barnes, Masek, Nicholia The following fiscal note applies: Zero fiscal note, Dept. of Environmental Conservation, 3/14/97 HB 138 was referred to the Rules Committee for placement on the calendar. HB 179 The Labor & Commerce Committee has considered: HOUSE BILL NO. 179 An Act relating to fraternal benefit societies; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 179(L&C) (same title) 1997-03-14 House Journal Page 0664 HB 179 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Cowdery, Sanders, Ryan, Rokeberg No recommendation (3): Kubina, Brice, Hudson The following fiscal note applies to CSHB 179(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/14/97 HB 179 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Specialist Carl Wetzel, Fort Wainwright Soldier of the Year By Representative Vezey Honoring - Jay A. Rabinowitz By Senator Wilken; Representative Brice Honoring - Rick Mackey, 1997 Yukon Quest Winner By Senator Lincoln; Representative Nicholia and Honoring - Martin Buser, 1997 Iditarod Race Champion By Senators Green, Halford which was taken up later as a Special Order of Business. 1997-03-14 House Journal Page 0665 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 29 HOUSE JOINT RESOLUTION NO. 29 by Representatives Elton and Hudson: Supporting an increase in federal funding for prostate cancer research. was read the first time and referred to the Health, Education & Social Services and State Affairs Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 192 HOUSE BILL NO. 192 by Representatives Ivan, Bunde, Foster and Grussendorf, entitled: An Act regulating chemical dependency counselors; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Finance Committees. HB 193 HOUSE BILL NO. 193 by the House Health, Education and Social Services Committee, entitled: An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 194 HOUSE BILL NO. 194 by the House Rules Committee by request of the Governor, entitled: 1997-03-14 House Journal Page 0666 HB 194 An Act relating to credits against certain taxes for contributions for educational purposes; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. The following fiscal note applies: Fiscal note, Dept. of Revenue, 3/14/97 The Governor's transmittal letter, dated March 13, 1997, appears below: Dear Speaker Phillips: As part of my Alaska Business Investment Incentive Plan to expand the partnership between the state and the private sector, I am submitting this legislation to enhance the existing tax credit for contributions to Alaskas colleges and universities and to expand it to cover contributions to our public elementary and secondary schools. Education is vital to an expanding economy and to preparing Alaskans for good jobs. In todays climate of declining revenues and reduced budgets, it is vital we provide incentives to stimulate increased private contributions for our post-secondary institutions. This initiative will build on the program started several years ago which has generated millions of additional dollars from the private sector to higher education in Alaska. Under current law, taxpayers may claim a credit against several types of state taxes for contributions to eligible Alaska colleges or universities. The credit is capped at $150,000 a year based on $200,000 in contributions. This bill extends the cap on the tax credit by creating a new tier of creditable contributions. Under this new tier of contributions, a taxpayer may claim a credit of 50% of an additional $150,000 of eligible contributions. 1997-03-14 House Journal Page 0667 HB 194 The bill would also establish a new program which provides a tax credit of 50% of contributions up to $100,000 to local school districts for educational support to our primary and secondary schools. This is just one of several proposals I am putting forward where it makes good policy sense to provide incentives which stimulate even greater returns in terms of jobs and economic activity in Alaska. I hope you will give this bill your support. Sincerely, /s/ Tony Knowles Governor **The presence of Representative Hanley was noted. HB 195 HOUSE BILL NO. 195 by the House Health, Education and Social Services Committee by request, entitled: An Act relating to licensure of optometrists; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services Committee. HB 196 HOUSE BILL NO. 196 by Representatives Ryan and Therriault, entitled: An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure. was read the first time and referred to the Judiciary and Finance Committees. 1997-03-14 House Journal Page 0668 HB 197 HOUSE BILL NO. 197 by the House Health, Education and Social Services Committee by request, entitled: An Act relating to libraries. was read the first time and referred to the Health, Education & Social Services Committee. HB 198 HOUSE BILL NO. 198 by Representatives Williams, Hudson, Kookesh, Grussendorf and Elton, entitled: An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 30 The following was read the second time: HOUSE BILL NO. 30 An Act relating to civil liability for skateboarding; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 2DP 2NR 187 2 ZERO FISCAL NOTES (SPONSOR, COURT) 187 JUD RPT CS(JUD) 3DP 1NR 420 2 ZERO FNS (SPONSOR, COURT) 1/31/97 420 FIN RPT CS(FIN) NT 7DP 555 2 ZERO FNS (SPONSOR, COURT) 1/31/97 555 1997-03-14 House Journal Page 0669 HB 30 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. 30(FIN) An Act relating to civil liability for certain skating and cycling activities; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 1, line 1 (title amendment): Delete civil liability for Page 2, following line 10: Insert a new bill section to read: * Sec. 05.50.025. Prohibition of certain skating and cycling activities in undesignated places. (a) A person may not skate or cycle on private property without the written permission of the property owner unless the property is posted with signs that clearly indicate that the property is available for skating or cycling. (b) In addition to being subject to civil liability under AS05.50.020, a person who violates this section is guilty of a violation and, upon conviction, the court may impose a fine of not more than $50. Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 30(FIN) Second Reading Amendment No. 1 YEAS: 4 NAYS: 35 EXCUSED: 1 ABSENT: 0 Yeas: Dyson, Hudson, Moses, Rokeberg 1997-03-14 House Journal Page 0670 HB 30 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Excused: Williams And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that CSHB30(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 30(FIN) was read the third time. The question being: Shall CSHB 30(FIN) pass the House? The roll was taken with the following result: CSHB 30(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, 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 Excused: Williams And so, CSHB 30(FIN) 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 30(FIN) was referred to the Chief Clerk for engrossment. 1997-03-14 House Journal Page 0671 SECOND READING OF SENATE BILLS SB 10 The following was read the second time: SENATE BILL NO. 10 An Act naming Mountain View Road in Gustavus. with the: Journal Page TRA RPT 7DP 556 SENATE ZERO FISCAL NOTE (DOT) 1/23/97 556 Amendment No. 1 was offered by Representatives Phillips and Kubina: Page 1, line 1 (title amendment): Delete Mountain View Road Insert Jerry's Way Page 1, line 4: Delete Mountain View Road Insert Jerry's Way Page 1, line 6: Delete Mountain View Road Insert Jerry's Way Representative Kubina moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: SENATE BILL NO. 10 am H An Act naming Jerry's Way in Gustavus. Representative Porter moved and asked unanimous consent that SB10am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 10 am H was read the third time. The question being: Shall SB10 am H pass the House? The roll was taken with the following result: 1997-03-14 House Journal Page 0672 SB 10 SB 10 am H Third Reading Final Passage YEAS: 33 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kohring, Kookesh, Kubina, Martin, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Hanley, Hodgins, Kelly, Kemplen, Kott, Masek Excused: Williams And so, SB 10 am H passed the House. Representative Kubina gave notice of reconsideration of his vote on SB 10 am H. SECOND READING OF SENATE RESOLUTIONS SJR 8 The following was read the second time: 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. with the: Journal Page RES RPT 9DP 482 Representative Porter moved and asked unanimous consent that SJR8 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1997-03-14 House Journal Page 0673 SJR 8 SJR 8 was read the third time. The question being: Shall SJR 8 pass the House? The roll was taken with the following result: SJR 8 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, 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 Excused: Williams And so, SJR 8 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 - Rich Owens By Representatives Rokeberg, Berkowitz, Croft, Davies, Hanley, James, Kott, Kubina, Masek, Mulder, Ogan, Porter, Ryan, Sanders, Therriault, Vezey, Williams Honoring - William L. Dill, 1997 BP Teacher of Excellence By Representatives Dyson, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-03-14 House Journal Page 0674 Commending the Crew of the HH-60J USCG Helicopter CG6024, Lieutenant Jeffery R. McCullars, Lieutenant Frederick C. Riedlin, Aviation Survivalman First Class Michael C. Mille, Aviation Machinist Mate Second Class Mark T. Clark By Representatives Austerman, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Mackie Honoring - Kevin O'Leary By Senators Pearce, Leman; Representatives Phillips, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Hanley, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Thomas McGrath By Senator Pearce; Representatives Phillips, Berkowitz, Croft, Davies, James, Kemplen, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Gordon Pospisil, 1997 Engineer of the Year By Senator Leman; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Hanley, James, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Jay Massey By Representatives Bunde, Phillips, Berkowitz, Croft, Davies, Elton, Foster, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Jean Fredson Frank By Senator Lincoln; Representatives Nicholia, Phillips, Berkowitz, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1997-03-14 House Journal Page 0675 CONCUR IN SENATE AMENDMENTS HB 101 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 659) on the following at this time: CS FOR HOUSE BILL NO. 101(L&C) An Act relating to certain irrevocable transfers in trust, to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 101(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 101(L&C), thus adopting SCS CSHB 101(JUD), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 101(L&C)? The roll was taken with the following result: SCS CSHB 101(JUD) Concur YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Kemplen Excused: Williams 1997-03-14 House Journal Page 0676 HB 101 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 101(JUD). 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 101(JUD) was referred to the Chief Clerk for enrollment. 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 Nicholia - from 6:40 p.m., plane time, March 18 to 9:33 a.m., plane time, March 24, 1997 Representative Hudson - from 1:30 p.m., plane time, March 16 to 6:30p.m., plane time, March 18, 1997 Representative Kemplen - from 1:22 p.m., plane time, March 21 to 10:00 a.m., plane time, March 23, 1997 Representative Therriault - from 6:49 p.m., plane time, March 14 to 9:30 a.m., plane time, March 17, 1997 Representative Williams - from 6:00 a.m., plane time, March 14 to 10:03 p.m., plane time, March 19, 1997 (amended from page 647) Representative Joule - from 1:22 p.m., plane time, March 15 to 1:40p.m., plane time, March 18, 1997 (amended from page 614) HB 72 Representative Sanders, Chair, moved and asked unanimous consent that the referral to the House Special Committee on Economic Development be waived for the following: 1997-03-14 House Journal Page 0677 HB 72 HOUSE BILL NO. 72 An Act repealing certain filing statements and bonds for enforcement and collection of certain taxes and license fees; relating to service of process on nonresident taxpayers; and providing for an effective date. There being no objection, it was so ordered. HB 72 was removed from the House Special Committee on Economic Development and sent to the Labor & Commerce Committee with a further referral to the Finance Committee. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation Honoring - Martin Buser 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 all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Martin Buser, 1997 Iditarod Race Champion By Senators Green, Halford; Representatives Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey , Williams UNFINISHED BUSINESS EO 98 The House did not disapprove the following executive order within 60 days and it was transmitted to the Office of the Governor at 9:00 a.m., March 14, 1997: 1997-03-14 House Journal Page 0678 EO 98 EXECUTIVE ORDER NO. 98: Transferring commercial highway-related functions from the Department of Commerce and Economic Development and the Department of Public Safety to the Department of Transportation and Public Facilities. EO 99 The House did not disapprove the following executive order within 60 days and it was transmitted to the Office of the Governor at 9:00 a.m., March 14, 1997: EXECUTIVE ORDER NO. 99: Transferring the responsibility for the administration of most of the statutes in AS 28, regarding motor vehicles, and other statutory functions relating to motor vehicles and other vehicles, from the Department of Public Safety to the Department of Administration. HB 158 Representatives Ogan, Kohring and Vezey added their names as cosponsors to: HOUSE BILL NO. 158 An Act relating to attendance at a public school on a part-time basis. SJR 8 Representatives Ryan and Croft added their names as cross sponsors to: 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. SJR 13 Representative Ogan added his name as cross sponsor to: 1997-03-14 House Journal Page 0679 SJR 13 SENATE JOINT RESOLUTION NO. 13 Relating to RS 2477 rights-of-way. SB 84 Representative Davies added his name as cross sponsor to: SENATE BILL NO. 84 am An Act relating to fiscal management of endowment assets of the University of Alaska; amending the definition of 'university receipts' to include distribution from university endowments and the total return from the University of Alaska's endowment trust fund for land obtained under the Act of Congress of January 21, 1929, as amended, and transferring responsibility for management and investment of those assets; making technical amendments to provisions relating to federal grants and appropriations from federal land grant college fund sources that must be paid to the state; and affirming that the Board of Regents and officers of the University of Alaska may not expend 'university receipts' without legislative appropriation. ENGROSSMENT HB 30 CSHB 30(FIN) 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. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 17, 1997. There being no objection, the House adjourned at 11:20 a.m. Suzi Lowell Chief Clerk