Legislature(1997 - 1998)

1997-04-07 House Journal

Full Journal pdf

1997-04-07                     House Journal                      Page 1007
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday              April 7, 1997         
                                                                               
                               Eighty-fifth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:07 a.m.                                                         
                                                                               
                                                                               
Roll call showed 35 members present.  Representative Nicholia had              
been previously excused from a call of the House today.                        
Representatives Barnes, Hanley, Mulder, and Therriault were absent             
and their presence was noted later.                                            
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Cordell E. Reiner           
of the Seventh-Day Adventist Church.  Representative Hudson moved              
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
Let us pray,                                                                  
                                                                               
My Father, it is with joy, thanksgiving, and praise that I come               
to You this morning.  Thank You for Your mercy that has                        
allowed us to awaken to a day of service for our fellow                        
Alaskans.                                                                      
                                                                               
As we witness the beautiful comet that flashes through our                    
sky, we are reminded of Your mighty works of creation, and                     
may we also be aware of Your ability to work through us.                       
                                                                               
As this day begins, may we do service that You would be                       
pleased with.  As You have been longsuffering, merciful,                       
forgiving and patient with us, help us we pray, to be the same                 
with each other.                                                               

1997-04-07                     House Journal                      Page 1008
You have told us that if any of us lacks wisdom, just ask and                 
You will give generously and without reproach.  May we avail                   
ourselves of this offer, and when this day ends, may we have                   
the peace and contentment that comes from knowing we did                       
our best.                                                                      
                                                                               
Help each of us to be true to ourselves and to each other, that               
You may receive the Glory in the name of Jesus I pray.                         
                                                                               
Amen                                                                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Ivan.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 82nd, 83rd and 84th 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 April 4, 1997, was read stating the Senate has passed          
the following, and it is transmitted for consideration:                        
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 64                                                                        
CS FOR SENATE BILL NO. 64(FIN) by the Senate Finance                           
Committee, entitled:                                                           
                                                                               
An Act relating to the Shuyak Island State Park.                              
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               

1997-04-07                     House Journal                      Page 1009
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 19                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 19                                                             
An Act relating to licensing of sport fishing services operators              
and fishing guides; and providing for an effective date.                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 19(RES)                                                 
An Act relating to licensing and regulation of sport fishing                  
services operators and fishing guides; and providing for an                    
effective date.                                                                
                                                                               
The report was signed by Representatives Ogan and Hudson, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (3):  Dyson, Williams, Green                                           
                                                                               
Do not pass (1):  Barnes                                                       
                                                                               
No recommendation (3):  Ogan, Hudson, Joule                                    
                                                                               
The following fiscal notes apply to CSHB 19(RES):                              
                                                                               
Fiscal note, Dept. of Fish & Game, 2/27/97                                     
Fiscal note, Dept. of Public Safety, 2/27/97                                   
                                                                               
HB 19 was referred to the Finance Committee.                                   
                                                                               
HB 212                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
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.                                                                
                                                                               

1997-04-07                     House Journal                      Page 1010
HB 212                                                                       
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (2):  Dyson, Kookesh                                                   
                                                                               
No recommendation (3):  Ogan, Ryan, Ivan                                       
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 4/7/97                
                                                                               
HB 212 was referred to the Judiciary Committee.                                
                                                                               
                                                                               
HB 214                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 214                                                            
An Act relating to an employer's knowledge of an employee's                   
physical condition for purposes of the Alaska Workers'                         
Compensation Act; excluding certain participants in the Alaska                 
temporary assistance program from coverage under the Alaska                    
Workers' Compensation Act; and providing for an effective date.                
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (6):  Cowdery, Sanders, Kubina, Ryan, Hudson, Rokeberg                 
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Law, 4/7/97                                         
Zero fiscal note, Dept. of Health & Social Services, 4/7/97                    
Zero fiscal note, Dept. of Administration, 4/7/97                              
Zero fiscal note, Dept. of Labor, 4/7/97                                       
                                                                               
HB 214 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               

1997-04-07                     House Journal                      Page 1011
SJR 16                                                                       
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am                                 
Relating to reauthorization and reform of the Endangered Species              
Act.                                                                           
                                                                               
The report was signed by Representatives Ogan and Hudson, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Dyson, Williams, Green, Ogan, Barnes, Masek, Hudson,             
Joule                                                                          
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Senate Resources Committee, 3/11/97                   
                                                                               
CSSJR 16(RES) am was referred to the Rules Committee for                       
placement on the calendar.                                                     
                                                                               
                                                                               
SJR 20                                                                       
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am                                 
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.                         
                                                                               
The report was signed by Representatives Ogan and Hudson, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  Dyson, Green, Barnes, Masek, Ogan, Hudson, Joule                 
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Senate Resources Committee, 3/11/97                   
                                                                               
CSSJR 20(RLS) am was referred to the Rules Committee for                       
placement on the calendar.                                                     

1997-04-07                     House Journal                      Page 1012
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
SJR 22                                                                       
The House Special Committee on Military & Veterans' Affairs has                
considered:                                                                    
                                                                               
SENATE JOINT RESOLUTION NO. 22                                                
Inviting the United States Department of Defense to select Alaska             
as the site to base and train military troops.                                 
                                                                               
The report was signed by Representative Masek, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Kott, Ryan, Mulder, Masek, Foster                                
                                                                               
No recommendation (1):  Joule                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Senate State Affairs Committee, 3/19/97               
                                                                               
SJR 22 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - DeeDee Jonrowe                                                      
By Representative Masek                                                        
                                                                               
Honoring - Alaska Works Partnership                                            
By Representatives Dyson, Barnes, Croft, Sanders; Senator Pearce               
                                                                               
Honoring - Seawolf Speech and Debate Team, University of Alaska,               
Anchorage                                                                      
By Senator Ellis                                                               

1997-04-07                     House Journal                      Page 1013
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 236                                                                       
HOUSE BILL NO. 236 by the House Finance Committee by request,                  
entitled:                                                                      
                                                                               
An Act giving notice of and approving a lease-purchase                        
agreement by the Department of Administration for an office                    
building in Anchorage; relating to the financing of the lease-                 
purchase agreement; and providing for an effective date.                       
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
HB 237                                                                       
HOUSE BILL NO. 237 by the House Labor & Commerce Committee                     
by request, entitled:                                                          
                                                                               
An Act relating to payment of minimum wages to tipped                         
employees; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 119                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 119                                                            
An Act raising the limit on small claims actions to $10,000; and              
providing for an effective date.                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) NT 7DP                                           606         
	ZERO FISCAL NOTE (H.JUD/COURT)                                    606         
                                                                               

1997-04-07                     House Journal                      Page 1014
HB 119                                                                       
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. 119(JUD)                                                
An Act raising the limit on small claims actions to $7,500;                   
amending Rule 9, Alaska Rules of Administration; and providing                 
for an effective date.                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB119(JUD) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 119(JUD) was read the third time.                                         
                                                                               
                                                                               
**The presence of Representatives Hanley, Mulder and Therriault was            
noted.                                                                         
                                                                               
The question being:  Shall CSHB 119(JUD) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 119(JUD)                                                                  
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, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, CSHB 119(JUD) passed the House.                                        
                                                                               

1997-04-07                     House Journal                      Page 1015
HB 119                                                                       
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 change.  There being no objection, it was so ordered.                     
                                                                               
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 119(JUD) was referred to the Chief Clerk for engrossment                  
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 14                                                                        
The following was read the second time:                                        
                                                                               
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.                                                                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  5DP 1NR                                                  870         
	SENATE ZERO FISCAL NOTE (DPS) 1/29/97                             870         
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSSB14(JUD) be considered engrossed, advanced to third reading and             
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSSB 14(JUD) was read the third time.                                          
                                                                               
The question being:  Shall CSSB 14(JUD) pass the House?  The roll              
was taken with the following result:                                           
                                                                               
CSSB 14(JUD)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
                                                                               

1997-04-07                     House Journal                      Page 1016
SB 14                                                                        
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, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, CSSB 14(JUD) passed the House, was signed by the Speaker               
and Chief Clerk and returned to the Senate.                                    
                                                                               
                                                                               
SB 75                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 75(STA)                                                
An Act relating to the regulation of accountants; and providing               
for an effective date.                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  3DP 2NR                                                  783         
	SENATE ZERO FISCAL NOTE (DCED) 2/13/97                            783         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSSB
75(STA) be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSSB 75(STA) was read the third time.                                          
                                                                               
                                                                               
The question being:  Shall CSSB 75(STA) pass the House?  The roll              
was taken with the following result:                                           
                                                                               
CSSB 75(STA)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                              
                                                                               
                                                                               

1997-04-07                     House Journal                      Page 1017
SB 75                                                                        
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, Ogan, Phillips,           
Porter, Rokeberg, Ryan, Sanders, Vezey, Williams                               
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Therriault                                                            
                                                                               
And so, CSSB 75(STA) 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.           
                                                                               
                                                                               
CSSB 75(STA) 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 - Juneau Special Olympians                                            
By Representatives Hudson, Elton, Berkowitz, Brice, Bunde, Croft,              
Davies, Green, Grussendorf, Hanley, James, Joule, Kelly, Kemplen,              
Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders,            
Therriault, Vezey, Williams; Senator Duncan                                    
                                                                               
Honoring - Arthur H. Snowden, II                                               
By Senator Wilken; Representatives Barnes, Phillips, Berkowitz, Brice,         
Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf,                
Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina,              
Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Sanders, Therriault,            
Vezey, Williams                                                                
                                                                               

1997-04-07                     House Journal                      Page 1018
Honoring - Chugiak Mustangs Football Team, 1996 Alaska State                   
Champions                                                                      
By Senators Halford, Phillips; Representatives Kohring, Berkowitz,             
Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Ivan,          
James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Ogan,               
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
Honoring - Chugiak Mustangs Mock Trial Team                                    
By Senator Phillips; Representatives Berkowitz, Bunde, Croft, Davies,          
Dyson, Elton, Green, Hanley, James, Joule, Kelly, Kemplen, Kohring,            
Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders,            
Therriault, Vezey, Williams                                                    
                                                                               
                                                                               
In Memoriam - Command Sergeant Major Roger L. Montgomery                       
By Representatives Mulder, Phillips, Berkowitz, Croft, Davies, Foster,         
Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina,             
Martin, Masek, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,              
Vezey, Williams                                                                
                                                                               
In Memoriam - Darrell M. Frank                                                 
By Senators Green, Halford; Representatives Phillips, Berkowitz, Croft,        
Davies, Foster, James, Joule, Kelly,  Kemplen, Kohring, Kott, Kubina,          
Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, 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 Kookesh - from noon, April 17 to 9:00 a.m., plane               
time, April 21, 1997                                                           
                                                                               
                                                                               
Representative James - from 9:00 a.m., April 9 to 11:30 a.m., April 9,         
1997                                                                           
                                                                               
                                                                               

1997-04-07                     House Journal                      Page 1019
HB 234                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 234                                                            
An Act relating to assistance for abortions under the general relief          
program; and relating to financial responsibility for the costs of             
abortions.                                                                     
                                                                               
SB 14                                                                        
Representatives Masek, Rokeberg, Elton, Croft and Dyson added their            
names as cross sponsors to:                                                    
                                                                               
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.                                                                       
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 119                                                                       
CSHB 119(JUD) 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:                     
                                                                               
Transportation Committee                                                       
1:00 p.m., 4/7 meeting RESCHEDULED TO:                  1:30 p.m., 4/7         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 8, 1997.  There being no                 
objection, the House adjourned at 12:05 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk