Legislature(1997 - 1998)
1997-03-27 House Journal
Full Journal pdf1997-03-27 House Journal Page 0867 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday March 27, 1997 Seventy-fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 9:20 a.m. Roll call showed 31 members present. Representatives Barnes, Cowdery, Grussendorf, Kubina, Porter and Williams had been previously excused from a call of the House today. Representatives Davies, Hanley and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Brian Ewing of the Calvary Fellowship. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Let's bow our heads in prayer. Lord Jesus, we just want to, first of all, thank You for what this weekend represents; for the celebration of Easter--the death and resurrection of Jesus Christ. We thank You for this day. Father, there is within us a hunger that only You can satisfy. You said Jesus is the bread of life. Give us this bread that satisfies our deepest desire. Lord, give us this day our daily bread. Father, we have a debt to You that we could never bring current and You have made our forgiveness freely available to 1997-03-27 House Journal Page 0868 us. We will likewise release from obligation the ones who have wronged us Father, Forgive us our debts as we forgive our debtors. Lord, we have a heart that is prone to drift off the mark. There are any number of temptations which we would gladly pursue and be ensnared by. Change our hearts so we will stop chasing after what cannot truly satisfy. Rescue us from ourselves Lord, Lead us not into temptation, but deliver us from evil. For Yours is the kingdom that will outlast every other kingdom. Yours is the power that will never run out, and Yours is the glory forever. Amen. Matthew 6: 11-13. The Pledge of Allegiance was led by Representative Masek. . CERTIFICATION OF THE JOURNAL Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the journal for the 73rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 8 A message dated March 26, 1997, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. HCR 8 was referred to the Chief Clerk for enrollment. 1997-03-27 House Journal Page 0869 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated March 26, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SCR 6 SENATE CONCURRENT RESOLUTION NO. 6 am by Senators Pearce and Ellis: Relating to the Alaska Telemedicine Project. was read the first time and referred to the Health, Education & Social Services Committee. FIRST READING AND REFERENCE OF SENATE BILLS A message dated March 26, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 24 CS FOR SENATE BILL NO. 24(FIN) by the Senate Finance Committee, entitled: An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. was read the first time and referred to the Finance Committee. 1997-03-27 House Journal Page 0870 SB 100 SENATE BILL NO. 100 by the Senate Health, Education & Social Services Committee by request, entitled: An Act relating to grant authority for services for developmentally delayed or disabled children and their families. was read the first time and referred to the Health, Education & Social Services and Finance Committees. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60, and appear in House Journal Supplement No. 6 and House & Senate Joint Journal Supplement No. 8. REPORTS OF STANDING COMMITTEES SB 14 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 14(JUD) An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Sanders, Brice, Ryan, Hudson, Rokeberg No recommendation (1): Cowdery The following fiscal note applies: Senate zero fiscal note, Dept. of Public Safety, 1/29/97 CSSB 14(JUD) was referred to the Rules Committee for placement on the calendar. 1997-03-27 House Journal Page 0871 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Skyview Mock Trial Team By Senators Torgerson, Taylor In Memoriam - Marianne Prax By Representative Vezey INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 16 HOUSE CONCURRENT RESOLUTION NO. 16 by Representative Barnes: Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. was read the first time and referred to the Finance Committee. HJR 34 HOUSE JOINT RESOLUTION NO. 34 by the House Special Committee on Fisheries: Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 159 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159 by Representatives Kott, Mulder, Kohring, Sanders and Ryan, entitled: 1997-03-27 House Journal Page 0872 HB 159 An Act relating to sale, gift, exchange, possession, and purchase of tobacco and tobacco products; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 217 HOUSE BILL NO. 217 by Representative Ryan, entitled: An Act relating to certified nurse aides; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. HB 218 HOUSE BILL NO. 218 by the House Labor & Commerce Committee by request, entitled: An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. **The presence of Representative Davies was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 23 The following was read the second time: 1997-03-27 House Journal Page 0873 HB 23 HOUSE BILL NO. 23 An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water. with the: Journal Page RES RPT CS(RES) NT 5DP 1NR 535 ZERO FISCAL NOTE (H.RES/DNR) 536 FIN REFERRAL WAIVED 615 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 23(RES) An Act relating to management of state land; and relating to access to land. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSHB 23(RES) be considered engrossed, advanced to third reading and placed on final passage. Representative Elton objected. The question being: Shall CSHB 23(RES) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 23(RES) Second Reading Advance to Third Reading YEAS: 23 NAYS: 9 EXCUSED: 6 ABSENT: 2 Yeas: Austerman, Bunde, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey 1997-03-27 House Journal Page 0874 HB 23 Nays: Berkowitz, Brice, Croft, Davies, Elton, Joule, Kemplen, Kookesh, Nicholia Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams Absent: Hanley, Therriault And so, lacking the necessary 30 votes, CSHB 23(RES) failed to advance and will be in third reading on the April 2, 1997, calendar. HB 138 The following was read the second time: HOUSE BILL NO. 138 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. with the: Journal Page RES RPT 4DP 5NR 663 ZERO FISCAL NOTE (DEC) 663 Representative Foster moved and asked unanimous consent that HB138 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 138 was read the third time. The question being: Shall HB 138 pass the House? The roll was taken with the following result: HB 138 Third Reading Final Passage YEAS: 31 NAYS: 1 EXCUSED: 6 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey 1997-03-27 House Journal Page 0875 HB 138 Nays: Croft Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams Absent: Hanley, Therriault And so, HB 138 passed the House. Representative Foster 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 138 was referred to the Chief Clerk for engrossment. **The presence of Representatives Hanley and Therriault was noted. THIRD READING OF HOUSE BILLS HB 147 The following, which was advanced to third reading from the March26, 1997, calendar (page 851), was read the third time: CS FOR HOUSE BILL NO. 147(HES) An Act relating to the expenses of housing nonresident charter school students; authorizing charter school programs to provide domiciliary and other services to nonresident charter school students; relating to the establishment of state boarding schools. Representative Davies moved and asked unanimous consent that CSHB147(HES) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Bunde and Davies: Page 1, line 1, following "students;" (title amendment): Insert "relating to" Page 1, line 3, following "students;" (title amendment): Insert "relating to duties of the state board of education; and" 1997-03-27 House Journal Page 0876 HB 147 Page 2, line 3, following "services": Insert ", if approved by the board" Page 2, following line 3: Insert a new bill section to read: "* Sec. 3. AS 14.07.165 is amended to read: Sec. 14.07.165. Duties. The board shall adopt (1) statewide goals and require each governing body to adopt written goals that are consistent with local needs; (2) regulations regarding the application for and award of grants under AS 14.03.125; (3) regulations implementing provisions of AS 14.11.014(b); (4) regulations requiring approval by the board before a charter school, state boarding school, or a public school may provide domiciliary services." Renumber the following bill sections accordingly. Page 2, line 10, following "services": Insert ", if approved by the board" Page 8, following line 1: Insert a new bill section to read: "* Sec. 19. Notwithstanding secs. 3 and 4 of this Act, domiciliary services being provided by Mt. Edgecumbe High School on or before the effective date of this Act may continue to be provided until the state Board of Education adopts regulations required under sec. 3 of this Act." Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1997-03-27 House Journal Page 0877 HB 147 CSHB 147(HES) Second Reading Amendment No. 1 YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams Absent: Ogan And so, Amendment No. 1 was adopted, and the new title appears below: CS FOR HOUSE BILL NO. 147(HES) am An Act relating to the expenses of housing nonresident charter school students; relating to authorizing charter school programs to provide domiciliary and other services to nonresident charter school students; relating to duties of the state board of education; and relating to the establishment of state boarding schools. The question being: Shall CSHB 147(HES) am pass the House? The roll was taken with the following result: CSHB 147(HES) am Third Reading Final Passage YEAS: 31 NAYS: 2 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Elton, Nicholia 1997-03-27 House Journal Page 0878 HB 147 Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams Absent: Ogan And so, CSHB 147(HES) am passed the House. Representative Elton gave notice of reconsideration of his vote on CSHB 147(HES) am. HB 51 The following, which was advanced to third reading from the March26, 1997, calendar (page 860), was read the third time: 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. The question being: Shall CSHB 51(RLS) am pass the House? The roll was taken with the following result: CSHB 51(RLS) am Third Reading Final Passage YEAS: 23 NAYS: 9 EXCUSED: 6 ABSENT: 2 Yeas: Austerman, Brice, Bunde, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Croft, Davies, Elton, Joule, Kemplen, Kookesh, Moses, Nicholia Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams Absent: Hanley, Kelly And so, CSHB 51(RLS) am passed the House. 1997-03-27 House Journal Page 0879 HB 51 Representative Foster moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSHB 51(RLS) am Third Reading Effective Date YEAS: 29 NAYS: 5 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Croft, Kemplen, Moses, Nicholia Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams And so, the effective date clause was adopted. Representative Foster moved the court rule changes. The question being: Shall the court rule changes be adopted? The roll was taken with the following result: CSHB 51(RLS) am Third Reading Court Rule YEAS: 32 NAYS: 0 EXCUSED: 6 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams Absent: Davis, Kott 1997-03-27 House Journal Page 0880 HB 51 And so, the court rule changes were adopted. Representative Mulder gave notice of reconsideration of his vote on CSHB 51(RLS) am. Representative Mulder moved and asked unanimous consent that the reconsideration of CSHB 51(RLS) am be taken up on the same day. Representative Elton objected. The question being: Shall the reconsideration of CSHB 51(RLS) am be taken up on the same day? The roll was taken with the following result: CSHB 51(RLS) am--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 24 NAYS: 10 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Bunde, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Elton, Joule, Kemplen, Kookesh, Moses, Nicholia Excused: Barnes, Cowdery, Grussendorf, Kubina, Porter, Williams And so, lacking the necessary 27 votes, the reconsideration of CSHB 51(RLS) am was not taken up on the same day. LEGISLATIVE CITATIONS Representative Foster moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Recognizing Tartan Day, April 6, 1997 By Senator Parnell; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kott, Masek, Ogan, Porter, Rokeberg, Ryan, Vezey, Williams 1997-03-27 House Journal Page 0881 Representative Foster moved and asked unanimous consent that the House revert to Reports of Standing Committees. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 75 The Finance Committee has considered: HOUSE BILL NO. 75 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 75(FIN) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. The report was signed by Representatives Hanley and Therriault, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Hanley, Mulder, Martin, Foster, Kohring, Davis, Kelly Amend (2): Davies, Grussendorf HB 75 was referred to the Rules Committee for placement on the calendar. HB 76 The Finance Committee has considered: HOUSE BILL NO. 76 An Act making appropriations for the operating expenses of the states integrated comprehensive mental health program; and providing for an effective date. 1997-03-27 House Journal Page 0882 HB 76 and recommends it be replaced with: CS FOR HOUSE BILL NO. 76(FIN) An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. The report was signed by Representatives Hanley and Therriault, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Hanley, Mulder, Foster, Martin, Kohring, Davis, Kelly No recommendation (2): Davies, Grussendorf HB 76 was referred to the Rules Committee for placement on the calendar. UNFINISHED BUSINESS Representative Foster 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 Ivan - from 7:00 p.m., plane time, April 23 to 9:35p.m., plane time, April 27, 1997 Representative Hodgins - from 1:22 p.m., plane time, March 27 to 9:33a.m., plane time, April 2, 1997 (amended from page 646) Representative Rokeberg - from 6:42 p.m., plane time, March 27 to9:53 p.m., plane time, April 1, 1997 (amended from page 614) HB 212 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 212 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. 1997-03-27 House Journal Page 0883 ENGROSSMENT HB 138 HB 138 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 8 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 11:25 a.m., March 27, 1997: HOUSE CONCURRENT RESOLUTION NO. 8 Creating the Deferred Maintenance Task Force. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 2:00 p.m., April 1, 1997, for a technical session. There being no objection, the House adjourned at 10:37 a.m. Suzi Lowell Chief Clerk