Legislature(1997 - 1998)
1997-04-09 House Journal
Full Journal pdf1997-04-09 House Journal Page 1033 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 9, 1997 Eighty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:08 a.m. Roll call showed 32 members present. Representatives Barnes, Cowdery, Hanley, Kott, Moses and Mulder were absent and their presence was noted later. Representative Davis was excused through 11:00 a.m., today and his presence was noted later (page 1030). Representative James was excused through 11:30 a.m., today and her presence was noted later (page 1018). The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Seventh-Day Adventist Church. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Let us pray, Good morning, my Heavenly Father, how sweet it is to address You this morning, each of us, in our own tongue, and in our own way. Blessed be the name of the Lord from this time forth and forevermore! From the rising of the sun to its going down, the Lord's name is to be praised. It is You, O Lord, who raises the poor out of the dust, and lifts the needy out of the ash heap, that He may seat him with princes--with the princes of His people. It is You, O Lord, who grants the barren woman a home, like a joyful mother of children. You Lord, are to be praised for Your mighty and wonderful works to the children of men. 1997-04-09 House Journal Page 1034 Grant us this day the insight and the power to do Your will, so that Thy people might truly be blessed, and not used. That we might be true and faithful stewards of this earth, and all that You have entrusted to us, so that in the end, we might hear Your words, 'Well done, thou good and faithful servant.' To this end I lift this prayer in the name of Jesus Christ, my personal Savior. Amen. The Pledge of Allegiance was led by Representative Bunde. Representative Porter moved and asked unanimous consent that the House advance to Special Order of Business. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation In Memoriam - Robert W. Bob Ward 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 all members of the House be shown as cosponsors of the citation. 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: In Memoriam - Robert W. Bob Ward By Senator Pearce; Representatives Hudson, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-04-09 House Journal Page 1035 **The presence of Representatives Cowdery, Kott, Moses and Mulder was noted. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 86th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HJR 34 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Green, Barnes, Masek, Ogan, Hudson Do not pass (1): Joule No recommendation (2): Dyson, Williams The following fiscal note applies: Zero fiscal note, House Resources Committee/Legislative Affairs Agency, 4/9/97 HJR 34 was referred to the Rules Committee for placement on the calendar. 1997-04-09 House Journal Page 1036 HB 95 The Judiciary Committee has considered: HOUSE BILL NO. 95 An Act relating to motor vehicle registration, licensing, and insurance; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 95(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (4): Croft, Rokeberg, Green, Berkowitz Amend (1): Porter The following fiscal note applies to CSHB 95(JUD): Fiscal note, Dept. of Public Safety, 2/27/97 HB 95 was referred to the Finance Committee. HB 128 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 An Act relating to water quality; directing the Department of Environmental Conservation to conduct water quality research; establishing the Water Science Oversight Board; and providing for an effective date. and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) (same title) 1997-04-09 House Journal Page 1037 HB 128 The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (6): Therriault, Hanley, Martin, Davis, Kelly, Foster No recommendation (2): Davies, Grussendorf The following fiscal notes apply to CSSSHB 128(FIN): Fiscal note, House Finance Committee/Dept. of Environmental Conservation, 4/9/97 Fiscal note, Dept. of Law, 4/1/97 SSHB 128 was referred to the Rules Committee for placement on the calendar. HB 137 The Labor & Commerce Committee has considered: HOUSE BILL NO. 137 An Act relating to veterinarians; extending the termination date of the Board of Veterinary Examiners; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 137(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Ryan, Rokeberg, Hudson No recommendation (4): Cowdery, Brice, Kubina, Sanders The following fiscal note applies to CSHB 137(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/9/97 1997-04-09 House Journal Page 1038 HB 137 HB 137 was referred to the Rules Committee for placement on the calendar. HB 144 The Resources Committee has considered: HOUSE BILL NO. 144 An Act authorizing the Department of Environmental Conservation to charge certain fees relating to registration of pesticides and broadcast chemicals; and providing for an effective date. The report was signed by Representatives Hudson and Ogan, Co- chairs, with the following individual recommendations: Do pass (3): Dyson, Green, Hudson No recommendation (5): Barnes, Joule, Masek, Williams, Ogan The following fiscal note applies: Zero fiscal note, Dept. of Environmental Conservation, 4/9/97 HB 144 was referred to the Finance Committee. HB 200 The State Affairs Committee has considered: HOUSE BILL NO. 200 An Act relating to subpoenas of the Administrative Regulation Review Committee; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 200(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: 1997-04-09 House Journal Page 1039 HB 200 Do pass (2): James, Dyson Do not pass (1): Elton No recommendation (3): Berkowitz, Ivan, Vezey The following fiscal note applies to CSHB 200(STA): Zero fiscal note, Legislative Affairs Agency, 4/9/97 HB 200 was referred to the Rules Committee for placement on the calendar. HB 207 The Labor & Commerce Committee has considered: HOUSE BILL NO. 207 An Act relating to employer drug and alcohol testing programs. and recommends it be replaced with: CS FOR HOUSE BILL NO. 207(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Ryan, Rokeberg No recommendation (3): Hudson, Brice, Cowdery Amend (1): Kubina The following fiscal note applies to CSHB 207(L&C): Zero fiscal note, Dept. of Labor, 4/9/97 HB 207 was referred to the Judiciary Committee. 1997-04-09 House Journal Page 1040 HB 208 The Labor & Commerce Committee has considered: HOUSE BILL NO. 208 An Act relating to the board of directors of the Alaska Aerospace Development Corporation. and recommends it be replaced with: CS FOR HOUSE BILL NO. 208(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Sanders, Kubina, Ryan, Rokeberg, Hudson No recommendation (2): Cowdery, Brice The following fiscal note applies to CSHB 208(L&C): Zero fiscal note, House Labor & Commerce Committee/Dept. of Commerce & Economic Development, 4/9/97 HB 208 was referred to the Rules Committee for placement on the calendar. SB 22 The Resources Committee has considered: CS FOR SENATE BILL NO. 22(RES) am An Act relating to qualifications for appointment to the Board of Game. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 22(RES) (same title) The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: 1997-04-09 House Journal Page 1041 SB 22 Do pass (2): Barnes, Ogan Do not pass (1): Joule No recommendation (3): Dyson, Williams, Masek Amend (2): Green, Hudson The following fiscal notes apply to HCS CSSB 22(RES): Senate zero fiscal note, Office of the Governor, 1/31/97 Senate zero fiscal note, Dept. of Fish & Game, 1/28/97 CSSB 22(RES) am was referred to the Rules Committee for placement on the calendar. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 240 HOUSE BILL NO. 240 by Representative Ryan, entitled: An Act relating to civil liability of certain nonprofit corporations; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 241 HOUSE BILL NO. 241 by Representatives Croft, Brice and Nicholia, entitled: An Act relating to payment assistance for costs of residing in the Alaska Pioneers' Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount up to $100, cash dividends and other income up to $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the 1997-04-09 House Journal Page 1042 HB 241 resident's spouse and dependents of the resident, the primary residence of the resident's spouse or a dependent of the resident, and other property up to a total value of $5,000; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 115 The following was read the second time: SENATE BILL NO. 115 An Act repealing certain requirements relating to posting and reporting of prices paid for salmon. with the: Journal Page RLS RPT 5DP 1023 SENATE ZERO FISCAL NOTE (F&G) 3/19/97 1023 Representative Porter moved and asked unanimous consent that SB115 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 115 was read the third time. **The presence of Representative Hanley was noted. Representative Dyson declared a conflict of interest. Representative Hanley declared a possible conflict of interest. The question being: Shall SB 115 pass the House? The roll was taken with the following result: 1997-04-09 House Journal Page 1043 SB 115 SB 115 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Davis, James Absent: Barnes And so, SB 115 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. **The presence of Representative Barnes was noted. SECOND READING OF HOUSE RESOLUTIONS HR 7 The following was read the second time: HOUSE RESOLUTION NO. 7 Establishing a House Special Committee on Telecommunications. The Rules Committee submitted the following fiscal note: Zero fiscal note, House Rules Committee, 4/9/97 The question being: Shall HR 7 pass the House? The roll was taken with the following result: 1997-04-09 House Journal Page 1044 HR 7 HR 7 Second Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Ogan, Vezey Excused: Davis, James And so, HR 7 passed the House and was referred to the Chief Clerk for engrossment and enrollment. HJR 16 The following was read the second time: HOUSE JOINT RESOLUTION NO. 16 Relating to a federal balanced budget amendment. with the: Journal Page STA RPT 3DP 2DNP 1NR 579 ZERO FISCAL NOTE (H.STA/GOV) 580 Representative Porter moved and asked unanimous consent that HJR16 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 16 was read the third time. **The presence of Representatives James and Davis was noted. The question being: Shall HJR 16 pass the House? The roll was taken with the following result: 1997-04-09 House Journal Page 1045 HJR 16 HJR 16 Third Reading Final Passage YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Davies, Elton, Joule, Kemplen, Kookesh, Kubina, Nicholia And so, HJR 16 passed the House and 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: Honoring - Jesse and Ellen Jones, 50th Anniversary By Representatives Hudson, Elton, Phillips, Berkowitz, Brice, Croft, Davies, Green, Grussendorf, Hanley, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan Honoring - Rebecca Braunstein, 1997 Alaska Spelling Bee Winner By Representatives Dyson, Kott, Kohring, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kubina, Masek, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Halford, Phillips 1997-04-09 House Journal Page 1046 Honoring - Haines High School Drama/Debate/Forensics Team, State Champions By Senator Mackie; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Paul Potter By Senator Mackie; Representatives Kookesh, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, 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 Williams - from 6:00 a.m., plane time, April 11 to 10:00 p.m., plane time, April 13, 1997 Representative Mulder - from 6:25 a.m., plane time, April 11 to 9:53p.m., plane time, April 12, 1997 HCR 8 The Speaker made the following appointments to the Deferred Maintenance Task Force: Representative Mulder, Co-chair Representative James Representative Foster Representative Masek Representative Elton Representative Kubina, ex officio 1997-04-09 House Journal Page 1047 SJR 22 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: SENATE JOINT RESOLUTION NO. 22 Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. SJR 22 was removed from the State Affairs Committee and referred to the Rules Committee for placement on the calendar. HJR 16 Representative Ogan added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 16 Relating to a federal balanced budget amendment. HJR 29 Representative Davies added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 29 Supporting an increase in federal funding for prostate cancer research. HB 158 Representative Kelly 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 Kelly 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. 1997-04-09 House Journal Page 1048 ENGROSSMENT HJR 16 HJR 16 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. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 10, 1997. There being no objection, the House adjourned at 11:21 a.m. Suzi Lowell Chief Clerk 1997-04-09 House Journal Page 1049 HOUSE JOURNAL INDEX HB 95 1036 HB 128 1036-1037 HB 137 1037-1038 HB 144 1038 HB 158 1047 HB 200 1038-1039 HB 207 1039 HB 208 1040 HB 234 1047 HB 240 1041 HB 241 1041-1042 HCR 8 1046 HJR 16 1044-1045 1047-1048 HJR 29 1047 HJR 34 1035 HR 7 1043-1044 SB 22 1040-1041 SB 115 1042-1043 SJR 22 1047