Legislature(1997 - 1998)
1997-03-25 House Journal
Full Journal pdf1997-03-25 House Journal Page 0823 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 25, 1997 Seventy-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:26 a.m. Roll call showed 34 members present. Representative Masek had been previously excused from a call of the House today. Representatives Barnes, Dyson and Williams were excused due to illness. Representative Hudson was absent and his presence was noted later. Representative Mulder was absent and was later excused. The invocation was offered by the Chaplain, Pastor Brian Ewing of the Calvary Fellowship. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Let us bow in prayer, Lord, God, You are not some unknowable force or entity, but You are the God who we may come to know through Jesus Christ. You fill the heavens, and the universe cannot contain You as it says in the Bible. Yet, You allow us to know You intimately as our Father, not just as the Father or a father, but as our Father. We have all seen the failings of our earthly fathers. But You are our Father in heaven. You are distinct from every other father. Though they fail and we fail as parents You will never fail to be what a father was truly intended to be. 1997-03-25 House Journal Page 0824 You are a knowable God, but You are also a holy God. Father, we have made the mistake of imagining You to be a big fluffy God who meekly follows us wherever we want to go. Forgive us for thinking that You conduct business as we do or that You approve of and help us in doing what is wrong. We would rather ask, Our Father in heaven whose name is holy, may Your kingdom come today and may Your will be accomplished, may we be a part of furthering Your kingdom and not our own. In Jesus name we ask this. Matthew 6:9-10. 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 71st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 24, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 23 SENATE JOINT RESOLUTION NO. 23 by the Senate Health, Education & Social Services Committee: Urging the United States Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. 1997-03-25 House Journal Page 0825 SJR 23 was read the first time and referred to the Health, Education & Social Services Committee. COMMUNICATIONS The following report was received: Dept. of Commerce & Economic Development Alaska Industrial Development and Export Authority Alaska Energy Authority DeLong Mountain Transportation System Report of the Financial Advisor October 23, 1996 (as required by AS 44.88.173) REPORTS OF SPECIAL COMMITTEES HB 204 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 204 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. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (3): Ivan, Hodgins, Austerman Amend (1): Ogan The following fiscal note applies: Zero fiscal note, Dept. of Fish & Game, 3/25/97 HB 204 was referred to the Resources Committee. 1997-03-25 House Journal Page 0826 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - George Rogers By Representatives Hudson, Elton; Senator Duncan Honoring - MAST, Military Assistance to Safety and Traffic By Representative Vezey Honoring - Colony High School Girls' Basketball Team, Region III Champions, 4th Consecutive Year, State 4A Basketball Champions By Representatives Ogan, Kohring; Senator Green Honoring - Sergeant Christopher Scott Jensen, 1996 Fort Wainwright Noncommissioned Officer of the Year, 1996 U.S. Army Alaska Noncommissioned Officer of the Year By Representative Vezey Honoring - Captain Hamish A.S. Smith, Company Grade Officer of the Year By Representative Kott Honoring - Senior Airman Thomas J. Stella, Airman of the Year By Representative Kott Honoring - Master Sergeant Louis R. DeMonte, Jr., Senior Noncommissioned Officer of the Year By Representative Kott Honoring - Master Sergeant Terry B. West, Noncommissioned Officer of the Year By Representative Kott Honoring - Senior Master Sergeant Wesley W. Feudner, First Sergeant of the Year By Representative Kott 1997-03-25 House Journal Page 0827 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 209 HOUSE BILL NO. 209 by Representative Vezey, entitled: An Act regulating the use of pre-hire project labor agreements for public construction projects by the state and political subdivisions of the state. was read the first time and referred to the Labor & Commerce Committee. HB 210 HOUSE BILL NO. 210 by Representative Rokeberg, entitled: An Act relating to the extension of contracts for the sale and delivery of in-bond merchandise at international airports. was read the first time and referred to the Transportation and Labor & Commerce Committees. HB 211 HOUSE BILL NO. 211 by Representative Ryan, entitled: An Act providing for the issuance of general obligation bonds in the amount of $38,800,000 for the purpose of paying the cost of design and construction of a library at the University of Alaska, Anchorage; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 212 HOUSE BILL NO. 212 by Representative Kubina, entitled: An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages in the unorganized borough; and providing for an effective date. 1997-03-25 House Journal Page 0828 HB 212 was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. **The presence of Representative Hudson was noted. HB 213 HOUSE BILL NO. 213 by Representative Kubina, entitled: An Act relating to teacher certification. was read the first time and referred to the Health, Education & Social Services Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 86 The following was read the second time: HOUSE BILL NO. 86 An Act relating to the payments in lieu of taxes program for cities in the unorganized borough; and providing for an effective date. with the: Journal Page CRA RPT 5DP 1NR 240 ZERO FISCAL NOTE (DCRA) 240 FIN RPT 4DP 6NR 462 ZERO FISCAL NOTE (DCRA) 2/5/97 463 Representative Porter moved and asked unanimous consent that HB86 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 86 was read the third time. 1997-03-25 House Journal Page 0829 HB 86 The question being: Shall HB 86 pass the House? The roll was taken with the following result: HB 86 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Williams Absent: Mulder And so, HB 86 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 86 was referred to the Chief Clerk for engrossment. Representative Porter moved and asked unanimous consent that Representative Mulders previous excuse (page 775) be extended through 10:00p.m., March 25, 1997. There being no objection, it was so ordered. HB 51 The Speaker stated that, without objection, the following would be moved down the calendar to follow CSHB 112(FIN): HOUSE BILL NO. 51 An Act relating to the Department of Environmental Conservation. 1997-03-25 House Journal Page 0830 THIRD READING OF HOUSE BILLS HB 112 The following, which was advanced to third reading from the March24, 1997, calendar (page 812), was read the third time: CS FOR HOUSE BILL NO. 112(FIN) 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 question being: Shall CSHB 112(FIN) pass the House? The roll was taken with the following result: CSHB 112(FIN) Third Reading Final Passage YEAS: 21 NAYS: 12 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Excused: Barnes, Dyson, Masek, Mulder, Williams Absent: Hudson, Rokeberg And so, CSHB 112(FIN) passed the House. Representative Elton gave notice of reconsideration of his vote on CSHB 112(FIN). 1997-03-25 House Journal Page 0831 SECOND READING OF HOUSE BILLS HB 51 The following, which had been moved down the calendar to follow CSHB 112(FIN) (page 829), was read the second time: HOUSE BILL NO. 51 An Act relating to the Department of Environmental Conservation. with the: Journal Page O&G RPT CS(O&G) 3DP 1DNP 2NR 188 2 FISCAL NOTES (DEC, F&G) 189 FIN RPT CS(FIN) NT 7DP 1NR 2AM 536 2 FISCAL NOTES (F&G, DEC) 537 RLS RPT CS(RLS) NT DP2 DNP1 NR1 769 2 FISCAL NOTES (F&G, DEC) 3/5/97 770 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. 51(RLS) An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 5, line 4, following "Agency": Insert "or substantially equivalent methods approved by the department" Page 5, lines 17-18: Delete "a method that is substantially equivalent to" Insert "an alternative method that is scientifically or technically more appropriate than" 1997-03-25 House Journal Page 0832 HB 51 Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Davies objected. Representative Davies moved and asked unanimous consent that the question be divided. Objection was heard. The Speaker ruled that the question was divisible. The question being: Shall the question be divided? The roll was taken with the following result: CSHB 51(RLS) Second Reading Amendment No. 1--Divide YEAS: 12 NAYS: 21 EXCUSED: 5 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Foster, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams Absent: Ivan, Kookesh And so, Amendment No. 1 was not divided. Representative Porter placed a call of the House on the bill. The call was satisfied. 1997-03-25 House Journal Page 0833 HB 51 Amendment to Amendment No. 1 was offered by Representative Davies: Following department: Delete all material. Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: Shall Amendment to Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 51(RLS) Second Reading Amendment to Amendment No. 1 YEAS: 16 NAYS: 19 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment to Amendment No. 1 was not adopted. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 51(RLS) Second Reading Amendment No. 1 YEAS: 23 NAYS: 12 EXCUSED: 5 ABSENT: 0 1997-03-25 House Journal Page 0834 HB 51 Yeas: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kookesh, Kott, Martin, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Phillips, Porter Excused: Barnes, Dyson, Masek, Mulder, Williams Ryan changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Kubina: Page 1, line 1 (title amendment): Delete "the Department of Environmental Conservation" Insert "administrative penalties for violation of public water supply system requirements" Page 1, line 5, through page 2, line 2: Delete all material and insert: "* Section 1. FINDINGS. The legislature finds that" Page 2, line 15: Delete "sec. 5 of" Page 2, line 18, through page 6, line 24: Delete all material. Renumber the following bill sections accordingly. Page 8, line 25: Delete "sec. 5" Insert "sec. 2" Page 8, line 28: Delete "sec. 5" Insert "sec. 2" Delete "sec. 6" Insert "sec. 3" 1997-03-25 House Journal Page 0835 HB 51 Page 8, line 31, through page 9, line 17: Delete all material. Renumber the following bill sections accordingly. Page 9, line 20: Delete "sec. 5" Insert "sec. 2" Page 9, line 21: Delete "sec. 5" Insert "sec. 2" Page 9, line 22: Delete "Sections 1(b) and 5 of this Act take" Insert "Except as provided in sec. 7 of this Act, this Act takes" Page 9, line 31: Delete "Section 9" Insert "Section 5" Representative Kubina moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 2 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey 1997-03-25 House Journal Page 0836 HB 51 Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kemplen: Page 1, line 12, following interest: Insert and that protect multiple uses of the states waters Representative Kemplen moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ryan objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 3 YEAS: 29 NAYS: 6 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Therriault Nays: Cowdery, Foster, James, Ryan, Sanders, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Kemplen: Page 1, line 14, following with: Insert ; however, protection of public health is paramount 1997-03-25 House Journal Page 0837 HB 51 Representative Kemplen moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Davies: Page 6, lines 7-14: Delete all material. Renumber the following paragraphs accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 5 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 3, line 9, following Act): Insert shall 1997-03-25 House Journal Page 0838 HB 51 Page 3, line 10: Delete shall Page 3, line 10: Delete minimum Page 3, line 11, following fish: Insert , shellfish Page 3, line 11, following wildlife: Insert , recreation in and on the water, domestic water supplies and agricultural, industrial and navigational uses Page 3, line 12: Delete shall Page 3, lines 12-13: Delete background or Page 3, line 14: Delete , such as, but not limited to, arsenic Page 3, line 15: Delete shall Page 3, line 15, following use: Delete scientific justification Insert the federal criteria Page 3, line 15, following standards: Delete that can be reliably measured Insert unless the state has developed alternative criteria that are scientifically based and that have been approved by the federal Environmental Protection Agency Page 3, lines 17-18: Delete all material and insert: (4) ensure protection of the appropriate designated uses for the states water bodies; and 1997-03-25 House Journal Page 0839 HB 51 Page 3, line 19: Delete shall Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSHB 51(RLS) am Second Reading Amendment No. 6 YEAS: 11 NAYS: 24 EXCUSED: 5 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Dyson, Masek, Mulder, Williams And so, Amendment No. 6 was not adopted. The Speaker stated that CSHB 51(RLS) am would be held in second reading to the March 26, 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: In Commemoration of the 1925 Serum Run - Serum '25 By Representatives Berkowitz, Phillips, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Porter, Rokeberg, Ryan, Therriault, Williams 1997-03-25 House Journal Page 0840 Honoring - Senior Master Sergeant Mike Drummond, Technical Sergeant John Paff, Staff Sergeant John Loomis By Representatives Mulder, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - Drew Scalzi, 1997 Mariner of the Year By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Ogan - from 6:25 a.m., plane time, April 12 to 9:53p.m., plane time, April 13, 1997 Representative Williams - from 6:00 a.m., plane time, March 27 to 10:00 p.m., plane time, April 2, 1997 Representative Barnes - from noon, plane time, March 26 to 9:57 p.m., plane time, March 31, 1997 (amended from page 819) HB 51 Representative Williams removed his name as cosponsor to: CS FOR HOUSE BILL NO. 51(RLS) am An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. HB 86 Representative James added her name as cosponsor to: HOUSE BILL NO. 86 An Act relating to the payments in lieu of taxes program for cities in the unorganized borough; and providing for an effective date. 1997-03-25 House Journal Page 0841 HB 112 Representative James added her name as cosponsor to: CS FOR HOUSE BILL NO. 112(FIN) 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 143 Representative Hodgins added his name as cosponsor to: HOUSE BILL NO. 143 An Act relating to the art in public places requirements for state- owned and state-leased buildings and facilities. ENGROSSMENT HB 86 HB 86 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 meeting today has been changed as indicated: Resources Committee 1:00 p.m., 3/25 meeting RESCHEDULED TO: 1:15 p.m., 3/25 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 26, 1997. There being no objection, the House adjourned at 12:49 p.m. Suzi Lowell Chief Clerk