Legislature(1997 - 1998)
1997-04-11 House Journal
Full Journal pdf1997-04-11 House Journal Page 1071 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 11, 1997 Eighty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:14 a.m. Roll call showed 38 members present. Representatives Moses and Vezey had been previously excused from a call of the House today. 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: Let us pray, Good morning, my Heavenly Father. We awaken to another beautiful day, the sky is blue, and the sun is shining, and the white snow on the tops of the mountains reminds us of Your sinless life. A sinless life that knew no sin, yet paid the ultimate price for sin, that we might have eternal life. A love that we have a hard time comprehending, but is available to any who believes and accept. This week has been a good week. We have talked, reasoned together, shared our concerns, debated, and voted, and now we place everything in Your hands and ask, Thy will be done. We could ask for no better solution. 1997-04-11 House Journal Page 1072 Thank You, Father, for allowing me to be here this week, for I have received a blessing, and now as we wind down for the weekend, may we find a quiet place to meditate or worship; each in their own church or own way. We count it a privilege to be in the positions we are in, and the trust given to us as leaders of this great state. Help us not to abuse the trust and confidence placed in us. We count it a privilege to serve, as You came to serve us. Thank You for the true example of service by Your life. In Jesus name I pray. Amen. The Pledge of Allegiance was led by Representative Rokeberg. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 88th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. RECONSIDERATION SB 24 Representative Kelly brought up reconsideration of the vote on HCS CSSB 24(FIN) (page 1067). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. 1997-04-11 House Journal Page 1073 SB 24 Representative Kelly placed a call of the House. The call was satisfied. Representative Porter moved and asked unanimous consent that Representative Kohring be excused from a call of the House today following the vote on HCS CSSB 24(FIN). There being no objection, it was so ordered. The question to be reconsidered: Shall HCS CSSB 24(FIN) pass the House? The roll was taken with the following result: HCS CSSB 24(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kookesh, Kubina, Nicholia Excused: Moses, Vezey And so, HCS CSSB 24(FIN) passed the House on reconsideration. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Kubina objected. The question being: Shall the court rule changes be adopted? The roll was taken with the following result: 1997-04-11 House Journal Page 1074 SB 24 HCS CSSB 24(FIN)--RECONSIDERATION Third Reading Court Rules YEAS: 29 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Joule, Kookesh, Kubina, Nicholia Excused: Moses, Vezey And so, the court rule changes were adopted. HCS CSSB 24(FIN) was referred to the Chief Clerk for engrossment. MESSAGES FROM THE GOVERNOR HB 45 A message dated April 10, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 45(HES) An Act relating to runaway and missing minors; and providing for an effective date. Chapter No. 8, SLA 1997 Effective Date: April 11, 1997 SB 84 A message dated April 10, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1997-04-11 House Journal Page 1075 SB 84 SENATE BILL NO. 84 am An Act relating to fiscal management of endowment assets of the University of Alaska; amending the definition of 'university receipts' to include distribution from university endowments and the total return from the University of Alaska's endowment trust fund for land obtained under the Act of Congress of January 21, 1929, as amended, and transferring responsibility for management and investment of those assets; making technical amendments to provisions relating to federal grants and appropriations from federal land grant college fund sources that must be paid to the state; and affirming that the Board of Regents and officers of the University of Alaska may not expend 'university receipts' without legislative appropriation. Chapter No. 9, SLA 1997 Effective Date: July 9, 1997 MESSAGES FROM THE SENATE HB 65 A message dated April 10, 1997, was read stating the Senate has passed: HOUSE BILL NO. 65 am An Act relating to partial-birth abortions. HB 65 am was referred to the Chief Clerk for enrollment. REPORTS OF STANDING COMMITTEES HJR 29 The Health, Education & Social Services Committee has considered: HOUSE JOINT RESOLUTION NO. 29 Supporting an increase in federal funding for prostate cancer research. The report was signed by Representative Bunde, Chair, with the following individual recommendations: 1997-04-11 House Journal Page 1076 HJR 29 Do pass (6): Dyson, Green, Bunde, Porter, Kemplen, Brice The following fiscal note applies: Zero fiscal note, Legislative Affairs Agency, 4/11/97 HJR 29 was referred to the State Affairs Committee. HB 67 The Labor & Commerce Committee has considered: HOUSE BILL NO. 67 An Act relating, for purposes of eligibility for a permanent fund dividend, to an absence from the state while on an unpaid sabbatical under the longevity bonus program; and providing for an effective date. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Cowdery, Ryan, Rokeberg No recommendation (1): Hudson The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 4/1/97 HB 67 was referred to the Finance Committee. HB 153 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 153 An Act relating to the eligibility of aliens for state public assistance and medical assistance programs affected by federal welfare reform legislation; and providing for an effective date. The report was signed by Representative Bunde, Chair, with the following individual recommendations: 1997-04-11 House Journal Page 1077 HB 153 Do pass (3): Bunde, Porter, Kemplen No recommendation (3): Dyson, Green, Brice The following fiscal notes apply: Fiscal notes (3), Dept. of Health & Social Services, 2/24/97 Zero fiscal notes (2), Dept. of Health & Social Services, 2/24/97 HB 153 was referred to the Finance Committee. HB 164 The Community & Regional Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 164 An Act providing that employment as a legislator or with the National Education Association is not credited service under the teachers retirement system; prohibiting membership in the teachers retirement system for holders of limited certificates; removing teachers holding limited certificates to teach Alaska Native language or culture from membership in the teachers retirement system; and repealing a provision permitting members of the teachers retirement system to count unused sick leave credit as credited service. and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 164(CRA) An Act providing that employment as a legislator or with the National Education Association is not credited service under the teachers retirement system; and relating to credit for unused sick leave for members of the teachers retirement system. The report was signed by Representative Ivan, Chair, with the following individual recommendations: Do pass (2): Sanders, Kookesh No recommendation (5): Ogan, Ivan, Dyson, Ryan, Joule 1997-04-11 House Journal Page 1078 HB 164 The following fiscal note applies to CSSSHB 164(CRA): Zero fiscal note, Dept. of Administration, 4/11/97 SSHB 164 was referred to the Health, Education & Social Services Committee. HB 198 The Resources Committee has considered: HOUSE BILL NO. 198 An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 198(RES) (same title) The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Dyson, Williams, Green, Ogan, Hudson No recommendation (1): Joule The following fiscal notes apply to CSHB 198(RES): Fiscal note, Dept. of Fish & Game, 4/10/97 Indeterminate fiscal note, Dept. of Revenue, 4/10/97 Zero fiscal note, Dept. of Fish & Game, 4/10/97 HB 198 was referred to the Rules Committee for placement on the calendar. SB 7 The Resources Committee has considered: 1997-04-11 House Journal Page 1079 SB 7 CS FOR SENATE BILL NO. 7(RLS) am An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 7(RES) (same title) The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (3): Dyson, Williams, Ogan No recommendation (2): Joule, Hudson The following fiscal notes apply to HCS CSSB 7(RES): Senate fiscal note, Dept. of Fish & Game, 3/5/97 Senate fiscal note, Dept. of Fish & Game, 2/25/97 Senate zero fiscal note, Dept. of Public Safety, 2/11/97 CSSB 7(RLS) am was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 198 A memorandum dated April 10, 1997, was received from Representative Austerman, Chair, House Special Committee on Fisheries, stating the Committee had incorrectly reported the committee action on the following: HOUSE BILL NO. 198 An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date. 1997-04-11 House Journal Page 1080 HB 198 The House Special Committee on Fisheries amends their committee report (page 1058) to recommend adoption of: CS FOR HOUSE BILL NO. 198(FSH) (same title) HB 198 was considered by the Resources Committee (page 1078). INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Malcolm Mac McGregor By Representative Barnes In Memoriam - Edwin Dewitt By Representative Williams; Senator Taylor INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 247 HOUSE BILL NO. 247 by Representative Rokeberg by request, entitled: An Act relating to escrow accounts; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. HB 248 HOUSE BILL NO. 248 by Representatives Kubina and Nicholia, entitled: An Act naming East Egan Drive in Valdez. was read the first time and referred to the Transportation Committee. 1997-04-11 House Journal Page 1081 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 141 The following was read the second time: HOUSE BILL NO. 141 An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date. with the: Journal Page FSH RPT CS(FSH) 5DP 508 ZERO FISCAL NOTE (F&G) 508 RES RPT CS(RES) 3DP 4NR 895 ZERO FISCAL NOTE (F&G) 2/27/97 896 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. 141(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Austerman: Page 3, line 31: Delete "and fished" Representative Austerman moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB141(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 141(RES) am was read the third time. 1997-04-11 House Journal Page 1082 HB 141 The question being: Shall CSHB 141(RES) am pass the House? The roll was taken with the following result: CSHB 141(RES) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Kohring, Moses, Vezey Absent: Barnes, Cowdery And so, CSHB 141(RES) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 141(RES) am was referred to the Chief Clerk for engrossment. HB 214 The following was read the second time: 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. with the: Journal Page L&C RPT 6DP 1010 4 ZERO FNS (LAW, DHSS, ADM, LABOR) 1010 1997-04-11 House Journal Page 1083 HB 214 Representative Porter moved and asked unanimous consent that HB214 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 214 was read the third time. The question being: Shall HB 214 pass the House? The roll was taken with the following result: HB 214 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Kohring, Moses, Vezey Absent: Barnes And so, HB 214 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. HB 214 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: 1997-04-11 House Journal Page 1084 Honoring - Tok Girls Basketball Team By Representatives Nicholia, Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Hanley, James, Joule, Kemplen, Kohring, Kott, Kubina, Ogan, Porter, Ryan, Sanders, Therriault, Williams; Senator Lincoln Honoring - Kim Amaya, Teacher of Excellence By Representatives Croft, Phillips, Berkowitz, Brice, Bunde, Davies, Elton, Green, Grussendorf, Hanley, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Betsy Lawer By Senator Ward; Representatives Phillips, Berkowitz, Davies, Hanley, James, Joule, Kohring, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Roy Larson By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davies, Foster, James, Joule, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, 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 Dyson - from 1:22 p.m., plane time, April 11 to 9:33a.m., plane time, April 14, 1997 (amended from page 1067) Representative Williams - from 6:00 a.m., plane time, April 11 to 1:30p.m., plane time, April 14, 1997 (amended from page 1046) HB 198 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 198 An Act relating to regional dive fishery development associations and to dive fishery management assessments; and providing for an effective date. 1997-04-11 House Journal Page 1085 HB 198 HB 198 was removed from the Rules Committee and referred to the Finance Committee. HB 158 Representative Mulder 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 159 Representative Cowdery added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159 An Act relating to sale, gift, exchange, possession, and purchase of tobacco and tobacco products; and providing for an effective date. HB 229 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 229 An Act relating to the establishment and operation of charter schools. SB 24 Representatives Ryan and Ogan added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. 1997-04-11 House Journal Page 1086 ENGROSSMENT HB 141 CSHB 141(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 214 HB 214 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SJR 22 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: SENATE JOINT RESOLUTION NO. 22 am H Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. SB 24 HCS CSSB 24(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT AND ENROLLMENT HR 7 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:00 a.m., April 11, 1997: HOUSE RESOLUTION NO. 7 Establishing a House Special Committee on Telecommunications. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1997-04-11 House Journal Page 1087 Majority Caucus Speaker's Chamber upon adj., 4/11 Minority Caucus upon adj., 4/11 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 14, 1997. There being no objection, the House adjourned at 12:03 p.m. Suzi Lowell Chief Clerk