Legislature(1997 - 1998)
1997-03-19 House Journal
Full Journal pdf1997-03-19 House Journal Page 0753 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 19, 1997 Sixty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 36 members present. Representative Nicholia had been previously excused from a call of the House today. Representatives Barnes, Hanley and Mulder were absent and their presence was noted later. The invocation was offered by the Chaplain, Judy Minor, Christian Science Practitioner. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Father-Mother God, Our only need at this hour, or any hour, is but to learn to Love. To Love more generously, more consciously. Divinely inspired Love expressed as patience, courtesy, appreciation or any number of other ways, will solve the most tenacious problem because we are bringing the omnipotent law of God to bear on the always impotent problem. Love is the solvent removing the tarnish that hides our shining silver brightness. Tarnish that is so subtle we don't even know it is there. In his famous hymn 'Make Channels for the Streams of Love,' the Archbishop of Dublin wrote in 1860, 'For we must share if we would keep that blessing from above, They cease to have who cease to give, Such is the law of Love.' 1997-03-19 House Journal Page 0754 If in anything, we are lacking time or energy or ideas or funds or support or health, Father, help us stop and consider the possibility that we are not sharing our Love with others, so our channels for receiving have closed. Daily You, dear Parent, lead us to the ideas that will in turn supply every need. Our prayer today is for the desire to behold the face of God in each individual we meet and to sincerely convey that message to each other. Amen The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 64th and 65th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 18, 1997, was received stating the Senate has accepted the invitation to meet in joint session at 11:00 a.m., April 2, 1997, to hear an address by the Honorable Ted Stevens, United States Senator. HJR 24 A message dated March 18, 1997, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 24(RES) Relating to challenging the environmental and economic integrity of Alaska timber as Christmas decor for the United States Capitol. CSHJR 24(RES) was referred to the Chief Clerk for enrollment. HB 45 A message dated March 18, 1997, was read stating the Senate has passed: 1997-03-19 House Journal Page 0755 HB 45 CS FOR HOUSE BILL NO. 45(HES) An Act relating to runaway and missing minors; and providing for an effective date. CSHB 45(HES) was referred to the Chief Clerk for enrollment. COMMUNICATIONS The following report was received: Dept. of Community & Regional Affairs Child Care Programs Annual Report Fiscal Year 1996 REPORTS OF STANDING COMMITTEES HB 115 The Judiciary Committee has considered: HOUSE BILL NO. 115 An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 115(JUD) (same title) The report was signed by Representative Bunde, Vice-chair, with the following individual recommendations: Do pass (5): Croft, Rokeberg, Porter, Bunde, Berkowitz The following fiscal note applies to CSHB 115(JUD): Zero fiscal note, Dept. of Health & Social Services, 3/19/97 1997-03-19 House Journal Page 0756 HB 115 HB 115 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Hanley was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 128 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 by Representative Hudson, entitled: An Act relating to water quality; directing the Department of Environmental Conservation to conduct water quality research; establishing the Water Science Oversight Board; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. HB 204 HOUSE BILL NO. 204 by the House Special Committee on Fisheries, entitled: An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. RECONSIDERATION HB 58 Representative Porter brought up reconsideration of the vote on CSSSHB 58(FIN) am (page 748). 1997-03-19 House Journal Page 0757 HB 58 The following was again before the House in third reading: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 58(FIN) am An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure. **The presence of Representative Barnes was noted. The following members declared conflicts of interest: Representative Hodgins Representative Berkowitz **The presence of Representative Mulder was noted. Representative Kubina placed a call of the House. The call was satisfied. The question to be reconsidered: Shall CSSSHB 58(FIN) am pass the House? The roll was taken with the following result: CSSSHB 58(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, 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 Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses 1997-03-19 House Journal Page 0758 HB 58 Excused: Nicholia And so, CSSSHB 58(FIN) am passed the House on reconsideration. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Kubina objected and withdrew the objection. There being no further objection, it was so ordered. CSSSHB 58(FIN) am was referred to the Chief Clerk for engrossment. **Representative Barnes had been previously excused from a call of the House at noon. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 65 The following was read the second time: HOUSE BILL NO. 65 An Act relating to partial-birth abortions. with the: Journal Page STA RPT 4DP 1DNP 1NR 421 INDETERMINATE FISCAL NOTE (ADM) 421 ZERO FISCAL NOTE (DHSS) 421 JUD RPT 2DP 1DNP 3NR 628 INDETERMINATE FISCAL NOTE (ADM) 2/21/97 629 ZERO FISCAL NOTE (DHSS) 2/21/97 629 Amendment No. 1 was offered by Representative Croft: Page 1, line 6, following the life: Insert or health 1997-03-19 House Journal Page 0759 HB 65 Page 1, line 6, following mother: Delete whose life Insert who Page 1, line 11, following means: Delete an Insert a third trimester Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. Representative Martin placed a call of the House. The call was satisfied. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HB 65 Second Reading Amendment No. 1 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses Nays: Austerman, 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 Excused: Barnes, Nicholia And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Kott: 1997-03-19 House Journal Page 0760 HB 65 Page 1, line 10, following section: Insert or under any other law if the basis for the prosecution relates to this section Representative Kott moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Amendment to Amendment No. 2 was offered by Representative Kott: Following law if: Delete the basis for Following prosecution: Delete relates to Insert is based on Representative Kott moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. There being no further objection to Amendment No. 2 as amended it was adopted. Representative Porter moved and asked unanimous consent that HB65am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HB 65 am will be in third reading on the March 20, 1997, calendar. 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: 1997-03-19 House Journal Page 0761 Recognizing the Resolving Conflict Creatively Program, Nunaka Valley Elementary School By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Ivan, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Gary Gaard for 27 Years in Education By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Ivan, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Richard L. Anderson for 18 Years in Education By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Elton, Ivan, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Honoring - Arther J. Lamparella for 22 Years in Education By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Elton, Ivan, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey In Memoriam - Earl Seymour Mattin By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Ivan, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Representative Porter moved and asked unanimous consent that the House move up the calendar to Messages from the Senate. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 10 A message dated March 19, 1997, was read stating that pursuant to Uniform Rules 35 and 41(b) the Senate has returned the following: 1997-03-19 House Journal Page 0762 SB 10 SENATE BILL NO. 10 am H An Act naming Jerry's Way in Gustavus. and SENATE BILL NO. 10 An Act naming Mountain View Road in Gustavus. Representative Porter moved and asked unanimous consent that the House rescind previous action in passing SB10am H (page 672). There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that SB10 am H be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1 (page 671). There being no objection, it was so ordered. Representative Porter moved that the House rescind previous action in adopting Amendment No. 1. The question being: Shall the House rescind previous action in adopting Amendment No. 1? The roll was taken with the following result: SB 10 am H Second Reading Rescind previous action/Amendment No. 1 YEAS: 30 NAYS: 3 EXCUSED: 2 ABSENT: 5 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Vezey, Williams Nays: Foster, Hodgins, Ogan Excused: Barnes, Nicholia Absent: Hanley, James, Moses, Sanders, Therriault 1997-03-19 House Journal Page 0763 SB 10 And so, the motion passed. Representative Kubina moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered and the new title appears below: SENATE BILL NO. 10 An Act naming Mountain View Road in Gustavus. The question being: Shall SB 10 pass the House? The roll was taken with the following result: SB 10 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Excused: Barnes, Nicholia Absent: Hanley, James, Moses, Therriault And so, SB 10 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 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 21 to 9:53p.m., plane time, March 25, 1997 Representative Hanley - from 6:45 p.m., plane time, March 27 to 9:30a.m., plane time, April 1, 1997 1997-03-19 House Journal Page 0764 Representative James - from 6:20 a.m., plane time, March 21 to 9:20p.m., plane time, March 23, 1997 Representative Kelly - from 1:22 p.m., plane time, March 21 to 9:53p.m., plane time, March 22, 1997 Representative Kubina - from 6:25 a.m., plane time, March 20 to 9:53p.m., plane time, March 21, 1997 HB 65 Representative Kelly added his name as cosponsor to: HOUSE BILL NO. 65 am An Act relating to partial-birth abortions. ENGROSSMENT HB 58 CSSSHB 58(FIN) am 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. The following meetings today have been changed as indicated: Transportation Committee 1:00 p.m., 3/19 meeting RESCHEDULED TO: 1:30 p.m., 3/19 Finance Subcommittee Commerce & Economic Development 7:00 p.m., 3/18 meeting CONTINUED: 5:00 p.m., 3/19 Children's Caucus 12:00 p.m., 3/19 meeting CANCELLED 1997-03-19 House Journal Page 0765 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m, March 20, 1997. There being no objection, the House adjourned at 12:48 p.m. Suzi Lowell Chief Clerk