Legislature(1997 - 1998)
1997-04-04 House Journal
Full Journal pdf1997-04-04 House Journal Page 0981 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 4, 1997 Eighty-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:16 a.m. Roll call showed 36 members present. Representatives Brice and Nicholia had been previously excused from a call of the House today. Representatives Kott and Mulder were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Chris Grube of the Church of the Nazarene. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lets pray together. I will bless the Lord at all times; His praise will always be on my lips. My soul will boast in the Lord; let the afflicted hear and rejoice. Glorify the Lord with me; let us exalt His name together. I sought the Lord and He answered me; He delivered me from all my fears. Those who look to Him are radiant; their faces are never covered with shame. This poor man called, and the Lord heard him; He saved him out of all his troubles. The angel of the Lord encamps around those who fear Him, and He delivers them. 1997-04-04 House Journal Page 0982 Father Your word is clear that we are to be a blessing to You. With Your help we can do that. Those who seek You find You. You answer them and deliver them. Help these men and women to seek You today, with all of their hearts. You said if we looked to You we would be radiant and never be shamed. Help us when we speak and when we act that we will not bring shame on ourselves, and that we would glow with the presence of the Lord. Lord, will You save us from all our troubles. Father we love and honor You, we need Your deliverance for the trials we face today. In Jesus name we pray. Amen The Pledge of Allegiance was led by Representative Hanley. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 81st legislative day and Senate & House Joint Journal Supplement No. 9 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 3, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 19 SENATE JOINT RESOLUTION NO. 19 by Senators Taylor, Miller, Pearce, Leman, Kelly, Duncan and Donley: 1997-04-04 House Journal Page 0983 SJR 19 Relating to naming Anchorage as the location of the 2001 Special Olympics World Winter Games. was read the first time and referred to the House Special Committee on International Trade & Tourism. SJR 24 CS FOR SENATE JOINT RESOLUTION NO. 24(RES) by the Senate Resources Committee: Relating to the Tongass Land Management Plan and to continued Congressional oversight of that plan. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 3, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 49 SENATE BILL NO. 49 by the Senate Rules Committee by request of the Governor, entitled: 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. was read the first time and referred to the Finance Committee. SB 68 CS FOR SENATE BILL NO. 68(FIN) by the Senate Finance Committee, entitled: An Act relating to the Task Force on Privatization; and providing for an effective date. 1997-04-04 House Journal Page 0984 SB 68 was read the first time and referred to the State Affairs and Finance Committees. SB 112 CS FOR SENATE BILL NO. 112(JUD) by the Senate Judiciary Committee, entitled: An Act relating to marriage licenses; and transferring responsibility for marriage licensing from judicial officers to the state registrar of vital statistics. was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES HJR 31 The Labor & Commerce Committee has considered: HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Rokeberg, Cowdery, Sanders, Ryan No recommendation (2): Brice, Hudson The following fiscal note applies: Zero fiscal note, House Labor & Commerce Committee/Dept. of Health & Social Services, 4/4/97 HJR 31 was referred to the Rules Committee for placement on the calendar. 1997-04-04 House Journal Page 0985 HB 53 The Judiciary Committee has considered: HOUSE BILL NO. 53 An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; authorizing an agreement by which the Department of Corrections may, for the benefit of the state, enter into one lease of, or similar agreement to use, space within a correctional facility that is operated by a private contractor, and setting conditions on the operation of the correctional facility affected by the lease or use agreement; and giving notice of and approving a lease-purchase agreement or similar use-purchase agreement for the design, construction, and operation of a correctional facility, and setting conditions and limitations on the facility's design, construction, and operation. and recommends it be replaced with: CS FOR HOUSE BILL NO. 53(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do not pass (2): Croft, Berkowitz No recommendation (4): Green, James, Bunde, Porter The following fiscal notes apply to CSHB 53(JUD): Fiscal note, Dept. of Revenue, 4/4/97 Fiscal note, Dept. of Transportation & Public Facilities, 4/4/97 Fiscal note, Dept. of Corrections, 4/4/97 Zero fiscal note, Dept. of Administration, 4/4/97 HB 53 was referred to the Finance Committee. 1997-04-04 House Journal Page 0986 HB 63 The Finance Committee has considered: HOUSE BILL NO. 63 An Act extending the motor fuel tax exemption for fuel sold for use in jet propulsion aircraft to fuel used in those aircraft for flights that continue from a foreign country; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 63(FIN) An Act relating to the motor fuel tax and to the definition of motor fuel under that tax; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Therriault, Davies, Foster, Kelly No recommendation (3): Hanley, Martin, Davis Amend (1): Kohring The following fiscal note applies to CSHB 63(FIN): Fiscal note, Dept. of Revenue, 4/4/97 HB 63 was referred to the Rules Committee for placement on the calendar. HB 66 The Finance Committee has considered: HOUSE BILL NO. 66 An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory facility. and recommends it be replaced with: 1997-04-04 House Journal Page 0987 HB 66 CS FOR HOUSE BILL NO. 66(HES) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (2): Davis, Martin No recommendation (4): Therriault, Kelly, Hanley, Davies Amend (1): Kohring The following fiscal notes apply to CSHB 66(HES): Fiscal note, Dept. of Administration, 2/5/97 Fiscal note, Dept. of Health & Social Services, 2/5/97 Fiscal note, Dept. of Revenue, 2/5/97 Zero fiscal note, Dept. of Public Safety, 2/5/97 HB 66 was referred to the Rules Committee for placement on the calendar. HB 72 The Labor & Commerce Committee has considered: 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. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Hudson, Ryan, Sanders, Cowdery No recommendation (1): Brice The following fiscal notes apply: 1997-04-04 House Journal Page 0988 HB 72 Zero fiscal note, Dept. of Commerce & Economic Development, 1/15/97 Zero fiscal note, Dept. of Revenue, 1/15/97 HB 72 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Juneau Special Olympians By Representatives Hudson, Elton; Senator Duncan Honoring - Arthur H. Snowden, II By Senator Wilken Honoring - Chugiak Mustangs Football Team, 1996 Alaska State Champions By Senators Halford, Phillips; Representative Kohring Honoring - Chugiak Mustangs Mock Trial Team By Senator Phillips In Memoriam - Command Sergeant Major Roger L. Montgomery By Representative Mulder In Memoriam - Darrell M. Frank By Senators Green, Halford INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 148 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 148 by the House Health, Education & Social Services Committee, entitled: 1997-04-04 House Journal Page 0989 HB 148 An Act relating to the public school funding program; relating to the definition of a school district, to the transportation of students, to school district layoff plans, to the special education service agency, to the child care grant program, and to compulsory attendance in public schools; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 229 HOUSE BILL NO. 229 by Representative Vezey, entitled: An Act relating to the establishment and operation of charter schools. was read the first time and referred to the Health, Education & Social Services Committee. HB 230 HOUSE BILL NO. 230 by Representatives Ivan and Foster, entitled: An Act relating to housing assistance provided by the Alaska Housing Finance Corporation and to its rural housing programs, to the corporation's supplemental housing development grants to regional housing authorities, and to housing programs of regional housing authorities; permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing; and amending definitions relating to various housing programs; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 231 HOUSE BILL NO. 231 by Representative Masek, entitled: An Act relating to regulation of snowmobiles. 1997-04-04 House Journal Page 0990 HB 231 was read the first time and referred to the Judiciary Committee. HB 232 HOUSE BILL NO. 232 by Representatives Ogan, Kohring, Hodgins, Ryan, Sanders, Dyson, Kott and Mulder, entitled: An Act establishing the independent division of administrative hearings in the Department of Administration in order to provide a source of independent administrative hearing officers to preside in contested cases; relating to administrative hearing officers; relating to contested case proceedings; and providing for an effective date. was read the first time and referred to the Judiciary and Finance Committees. HB 233 HOUSE BILL NO. 233 by the House Special Committee on Military & Veterans' Affairs, entitled: An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HB 234 HOUSE BILL NO. 234 by Representatives Martin, Green, Kohring and Kott, entitled: An Act relating to assistance for abortions under the general relief program; and relating to financial responsibility for the costs of abortions. was read the first time and referred to the Judiciary and Finance Committees. 1997-04-04 House Journal Page 0991 HB 235 HOUSE BILL NO. 235 by the House Labor & Commerce Committee by request, entitled: An Act relating to findings necessary before a certificate of public convenience and necessity is issued to an electric utility under certain circumstances; and relating to the definition of 'general public' with respect to the regulation of electric utilities. was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 76 The following, which was advanced to third reading from the April 3, 1997, calendar (page 926), was read the third time: 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 presence of Representative Mulder was noted. The question being: Shall CSHB 76(FIN) pass the House? The roll was taken with the following result: CSHB 76(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-04-04 House Journal Page 0992 HB 76 Excused: Brice, Nicholia Absent: Hudson, Kott, Ogan And so, CSHB 76(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 76(FIN) was referred to the Chief Clerk for engrossment. HB 75 The following, which was advanced to third reading from the April 3, 1997, calendar (page 975), was read the third time: CS FOR HOUSE BILL NO. 75(FIN) am 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 presence of Representative Kott was noted. Representative Porter placed a call of the House. **Representative Moses was previously excused from a call of the House (page 976). The call was satisfied. The question being: Shall CSHB 75(FIN) am pass the House? The roll was taken with the following result: 1997-04-04 House Journal Page 0993 HB 75 CSHB 75(FIN) am Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 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, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Vezey Excused: Brice, Moses, Nicholia And so, CSHB 75(FIN) am 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. Representative Porter moved the constitutional budget reserve fund appropriations on page 38 under Revenue Operations. The question being: Shall the House adopt the constitutional budget reserve fund appropriations on page 38 under Revenue Operations? The roll was taken with the following result: CSHB 75(FIN) am Third Reading Budget Reserve Appropriations Revenue Operations, Page 38 YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-04-04 House Journal Page 0994 HB 75 Excused: Brice, Moses, Nicholia And so, the constitutional budget reserve fund appropriations on page38 under Revenue Operations were adopted. Representative Porter moved the constitutional budget reserve fund appropriations on page 3, Sec. 7. The question being: Shall the House adopt the constitutional budget reserve fund appropriations on page 3, Sec. 7? The roll was taken with the following result: CSHB 75(FIN) am Third Reading Budget Reserve Appropriations Section 7, Page 3 YEAS: 27 NAYS: 10 EXCUSED: 3 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, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Vezey Excused: Brice, Moses, Nicholia And so, lacking the necessary 30 votes, Sec. 7 was not adopted. Representative Porter gave notice of reconsideration of his vote on CSHB 75(FIN) am. RECONSIDERATION HB 75 Representative Porter moved and asked unanimous consent that the reconsideration of CSHB 75(FIN) am be taken up on the same day. There being no objection, it was so ordered. 1997-04-04 House Journal Page 0995 HB 75 Representative Porter placed a call of the House. The call was satisfied. The question to be reconsidered: Shall CSHB 75(FIN) am pass the House? The roll was taken with the following result: CSHB 75(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 3 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, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Excused: Brice, Moses, Nicholia And so, CSHB 75(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 effective date clause. There being no objection, it was so ordered. Representative Porter moved the constitutional budget reserve fund appropriations on page 38 under Revenue Operations. The question being: Shall the House adopt the constitutional budget reserve fund appropriations on page 38 under Revenue Operations? The roll was taken with the following result: CSHB 75(FIN) am--RECONSIDERATION Third Reading Budget Reserve Appropriations Revenue Operations, Page 38 YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 1997-04-04 House Journal Page 0996 HB 75 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Brice, Moses, Nicholia And so, the constitutional budget reserve fund appropriations on page 38 under Revenue Operations were adopted. Representative Porter moved the constitutional budget reserve fund appropriations on page 3, Sec. 7. The question being: Shall the House adopt the constitutional budget reserve fund appropriations on page 3, Sec. 7? The roll was taken with the following result: CSHB 75(FIN) am--RECONSIDERATION Third Reading Budget Reserve Appropriations Section 7, Page 3 YEAS: 28 NAYS: 9 EXCUSED: 3 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, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Excused: Brice, Moses, Nicholia And so, lacking the necessary 30 votes, Sec. 7 was not adopted and the new title appears below: CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to 1997-04-04 House Journal Page 0997 HB 75 capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. CSHB 75(FIN) am(brf sup maj pfld) was referred to the Chief Clerk for engrossment. 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: Commemorating - United States Coast Guard Air Station Kodiak 50th Anniversary By Representatives Austerman, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Vezey; Senator Mackie Honoring - Alex Samuelson By Representatives Moses, Berkowitz, Brice, Croft, Davies, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - Fairbanks Resource Agency 30th Anniversary By Representatives Brice, Berkowitz, Croft, Davies, Green, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Ryan, Therriault, Vezey, Williams In Memoriam - Dr. Lawrence Dunlap By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Foster, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Therriault, Vezey, Williams 1997-04-04 House Journal Page 0998 UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Therriault - from 1:30 p.m., plane time, April 11 to 9:30 p.m., plane time, April 13, 1997 HB 181 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for: HOUSE BILL NO. 181 An Act relating to separate segregated funds for certain political contributions from corporations and labor organizations. HB 181 is in the Judiciary Committee. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation Honoring - Colonel William J. Heinen 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 the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Colonel William J. Heinen By Representatives Therriault, Phillips, Brice, Davies, James, Kelly, Kott, Vezey UNFINISHED BUSINESS HJR 29 Representative Sanders added his name as cosponsor to: 1997-04-04 House Journal Page 0999 HJR 29 HOUSE JOINT RESOLUTION NO. 29 Supporting an increase in federal funding for prostate cancer research. SJR 19 Representative Kubina added his name as cross sponsor to: SENATE JOINT RESOLUTION NO. 19 Relating to naming Anchorage as the location of the 2001 Special Olympics World Winter Games. SJR 22 Representatives Ivan and Foster added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 22 Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Judiciary Committee 1:00 p.m., 4/4 meeting CANCELED House Special Committee on Military & Veterans' Affairs 3:00 p.m., 4/4 meeting RESCHEDULED TO: 3:15 p.m., 4/4 ENGROSSMENT HB 75 CSHB 75(FIN) am(brf sup maj pfld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for 1997-04-04 House Journal Page 1000 consideration. HB 76 CSHB 76(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 7, 1997. There being no objection, the House adjourned at 3:02 p.m. Suzi Lowell Chief Clerk