Legislature(1997 - 1998)

1997-04-08 House Journal

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1997-04-08                     House Journal                      Page 1021
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Tuesday              April 8, 1997         
                                                                               
                               Eighty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:08 a.m.                                                         
                                                                               
                                                                               
Roll call showed 35 members present.  Representative Nicholia had              
been previously excused from a call of the House today.                        
Representatives Hanley, Moses, 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 Green moved               
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
Lets pray,                                                                    
                                                                               
My Father, who art in Heaven, Hallowed be Thy name, Thy                       
kingdom come, Thy will, be done in our hearts, and in this                     
House today.                                                                   
                                                                               
Let all the earth honor You Lord and let the peoples of the                   
earth stand in awe of You.  Blessed is the nation whose God                    
is the Lord and those people whom He chooses to be His                         
own.  The Lord looks down from heaven and sees all the                         
people.  From where He is, He sees every one and tenderly                      
watches over His own.                                                          
                                                                               
He who created us considers everything we do and is there to                  
help in every request.  Father, we come from many different                    
walks of life and have many different agendas.  With Your                      

1997-04-08                     House Journal                      Page 1022
help it will all come together.  Then we will say, It has been                 
good to know the Lord, and the land will be Blessed.                           
                                                                               
In Jesus' name we pray.  Amen.                                                
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Davies.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 85th 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 April 7, 1997, was read stating the Senate has passed          
the following, and they are transmitted for consideration:                     
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 83                                                                        
CS FOR SENATE BILL NO. 83(FIN) am by the Senate Finance                        
Committee, entitled:                                                           
                                                                               
An Act making and amending appropriations; amending an                        
appropriation from the constitutional budget reserve fund under art.           
IX, sec. 17(c), Constitution of the State of Alaska; and providing             
for an effective date.                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 109                                                                       
CS FOR SENATE BILL NO. 109(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
An Act relating to land used for agricultural purposes and to state           
land classified for agricultural purposes or subject to the restriction        

1997-04-08                     House Journal                      Page 1023
SB 109                                                                       
of use for agricultural purposes only; and annulling certain                  
program regulations of the Department of Natural Resources that                
relate to agricultural land and agricultural homesteads.                       
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
**The presence of Representative Mulder was noted.                             
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
SB 115                                                                       
The Rules Committee has considered:                                            
                                                                               
SENATE BILL NO. 115                                                           
An Act repealing certain requirements relating to posting and                 
reporting of prices paid for salmon.                                           
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Phillips, Vezey, Elton, Kott, Williams                           
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Fish & Game, 3/19/97                         
                                                                               
SB 115 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
The House Special Committee on Fisheries has reviewed the                      
qualifications of the following and recommends the appointment be              
forwarded to a joint session for consideration:                                
                                                                               
                               Robert E. Dersham                               
                                                                               
as a member of the Board of Fisheries.                                         

1997-04-08                     House Journal                      Page 1024
The report was signed by Representative Austerman, Chair; and,                 
Representatives Ivan, Hodgins, Ogan and Kubina.                                
                                                                               
                                                                               
The House Special Committee on Fisheries has reviewed the                      
qualifications of the following and recommends the appointment be              
forwarded to a joint session for consideration:                                
                                                                               
                                  Larry Engel                                  
                                                                               
as a member of the Board of Fisheries.                                         
                                                                               
The report was signed by Representative Austerman, Chair; and,                 
Representatives Ivan, Ogan and Kubina.                                         
                                                                               
                                                                               
The reports did not reflect an intent by any of the members to vote for        
or against the named individuals during any further sessions for the           
purposes of confirmation.                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Celebrating - Jesse and Ellen Jones, 50th Anniversary                          
By Representatives Hudson, Elton; Senator Duncan                               
                                                                               
                                                                               
Honoring - Rebecca Braunstein, 1997 Alaska Spelling Bee Winner                 
By Representatives Dyson, Kott, Kohring; Senators Halford, Phillips            
                                                                               
Honoring - Haines High School Drama/Debate/Forensics Team, State               
Champions                                                                      
By Senator Mackie                                                              
                                                                               
                                                                               
In Memoriam - Paul Potter                                                      
By Senator Mackie; Representative Kookesh                                      
                                                                               

1997-04-08                     House Journal                      Page 1025
**The presence of Representative Therriault was noted.                         
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 142                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 142 by                                   
Representatives Davis and Croft, entitled:                                     
                                                                               
An Act relating to the sale or transfer of new or used motor                  
vehicles; relating to the confidentiality of certain information               
related to attorney general investigations of unlawful trade                   
practices and antitrust activities; establishing additional unlawful           
trade practices; relating to the exemptions from telephonic                    
solicitation regulation; regulating the sale of business                       
opportunities;  amending Rules 4 and 73, Alaska Rules of Civil                 
Procedure; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 238                                                                       
HOUSE BILL NO. 238 by Representative Vezey, entitled:                          
                                                                               
An Act amending the program of exploration incentive credits for              
activities involving locatable or leasable minerals or coal deposits           
on certain land in the state; and providing for an effective date.             
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
HB 239                                                                       
HOUSE BILL NO. 239 by Representative Davis, entitled:                          
                                                                               
An Act relating to the liability of motor fuel dealers for payment            
of tax imposed on certain credit transactions involving motor fuel             
sales or transfers that become worthless debts or on sales or                  
transfers to persons who declare bankruptcy; and providing for an              
effective date.                                                                
                                                                               

1997-04-08                     House Journal                      Page 1026
HB 239                                                                       
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 123                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 123                                                            
An Act relating to the repeal of the termination date of the                  
federal tax obligation loan program under the Commercial Fishing               
Loan Act; and providing for an effective date.                                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH RPT  4DP                                                      463         
	ZERO FISCAL NOTE (DCED)                                           464         
	RES RPT  CS(RES) NT 7DP 1NR                                       581         
	ZERO FISCAL NOTE (DCED) 2/25/97                                   582         
                                                                               
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. 123(RES)                                                
An Act relating to the repeal of the federal tax obligation loan              
program under the Commercial Fishing Loan Act; and providing                   
for an effective date.                                                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB123(RES) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               

1997-04-08                     House Journal                      Page 1027
HB 123                                                                       
CSHB 123(RES) was read the third time.                                         
                                                                               
**The presence of Representative Moses was noted.                              
                                                                               
The question being:  Shall CSHB 123(RES) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 123(RES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  4   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins,              
Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kubina,                 
Martin, Masek, Moses, Ogan, Phillips, Porter, Rokeberg, Ryan,                  
Sanders, Vezey, Williams                                                       
                                                                               
Nays:  Hanley, Kelly, Mulder, Therriault                                       
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Kott                                                                  
                                                                               
Rokeberg changed from "Nay" to "Yea".                                          
                                                                               
And so, CSHB 123(RES) 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 123(RES) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 77                                                                        
The following was read the second time:                                        
                                                                               

1997-04-08                     House Journal                      Page 1028
SB 77                                                                        
SENATE BILL NO. 77                                                            
An Act relating to the Alaska Day of Prayer.                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  5DP 1NR                                                  783         
	SENATE ZERO FISCAL NOTE (S.STA) 2/26/97                           784         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that SB 77             
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
                                                                               
SB 77 was read the third time.                                                 
                                                                               
                                                                               
The question being:  Shall SB 77 pass the House?  The roll was                 
taken with the following result:                                               
                                                                               
SB 77                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  1   EXCUSED:  1   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis,                 
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina,                  
Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg,                
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
Nays:  Berkowitz                                                               
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Davies, Kott                                                          
                                                                               
And so, SB 77 passed the House, was signed by the Speaker and Chief            
Clerk and returned to the Senate.                                              
                                                                               
                                                                               

1997-04-08                     House Journal                      Page 1029
                            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 - DeeDee Jonrowe                                                      
By Representatives Masek, Phillips, Barnes, Berkowitz, Brice, Bunde,           
Cowdery, Croft, Davies, Dyson, Elton, Green, Grussendorf, Hanley,              
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder,             
Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams             
                                                                               
Honoring - Alaska Works Partnership                                            
By Representatives Dyson, Barnes, Cowdery, Croft, Sanders, Porter,             
Phillips, Berkowitz, Brice, Bunde, Davies, Elton, Grussendorf, Ivan,           
James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder,            
Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator            
Pearce                                                                         
                                                                               
Honoring - Seawolf Speech and Debate Team, University of Alaska,               
Anchorage                                                                      
By Senator Ellis; Representatives Berkowitz, Brice, Bunde, Cowdery,            
Croft, Davies, Elton, Grussendorf, Hanley, Ivan, James, Joule, Kelly,          
Kemplen, Kohring, Kott, Kubina, Masek, Ogan, Porter, Rokeberg,                 
Ryan, Sanders, 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 Davies - from 6:42 p.m., plane time, April 11 to                
9:59a.m., plane time, April 16, 1997                                           
                                                                               
Representative Phillips - from 6:00 a.m., plane time, April 12 to              
1:40p.m., plane time, April 16, 1997                                           
                                                                               
Representative Croft - from 1:22 p.m., plane time, April 24 to                 
9:33a.m., plane time, April 28, 1997                                           
                                                                               

1997-04-08                     House Journal                      Page 1030
Representative Davis - from 9:45 a.m. to 11:00 a.m., April 9, 1997             
                                                                               
Representative Vezey - from 6:30 a.m., plane time, April 10 to                 
6:30p.m., plane time, April 14, 1997                                           
                                                                               
                                                                               
HB 123                                                                       
Representative James added her name as cosponsor to:                           
                                                                               
CS FOR HOUSE BILL NO. 123(RES)                                                
An Act relating to the repeal of the federal tax obligation loan              
program under the Commercial Fishing Loan Act; and providing                   
for an effective date.                                                         
                                                                               
HB 158                                                                       
Representative Martin added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 158                                                            
An Act relating to attendance at a public school on a part-time               
basis.                                                                         
                                                                               
HB 234                                                                       
Representative Sanders 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 77                                                                        
Representatives Green, James and Ogan added their names as cross               
sponsors to:                                                                   
                                                                               
SENATE BILL NO. 77                                                            
An Act relating to the Alaska Day of Prayer.                                  
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 123                                                                       
CSHB 123(RES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         

1997-04-08                     House Journal                      Page 1031
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
Minority Caucus                                         upon adj., 4/8         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 9, 1997.  There being no                 
objection, the House adjourned at 10:52 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk