Legislature(1997 - 1998)
1997-04-16 House Journal
Full Journal pdf1997-04-16 House Journal Page 1107 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 16, 1997 Ninety-fourth Day Pursuant to adjournment and in the absence of Speaker Phillips, Representative Porter assumed the Chair as Speaker Pro Tempore under Rule 4 of the Uniform Rules and called the House to order at 10:05 a.m. Roll call showed 28 members present. Representatives Bunde, Kubina and Phillips had been previously excused from a call of the House today. Representative Davies had been previously excused through 9:59 a.m., plane time, today, and his presence was noted later. Representatives Berkowitz, Croft, Hanley, Ivan, Kott, Moses, Sanders and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Major Neil Timpson of the Salvation Army. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: 'You come disguised, but still I know it's You. Today Your eyes are black, tomorrow blue; Your skin is sometimes yellow, sometimes brown; You wear a loin cloth or a tattered gown; Your bony hand is held before Your face, But I'd know You, my Lord, in any case. You grin at me through leprous-eaten jaws. The twisted limbs, the bloated belly?-- Yours! You ring the changes, Lord, but I see through, I know that ev'ry soul in need is You.' John Gowans 1997-04-16 House Journal Page 1108 Let us pray, Help us to realize that those who come to us in need aren't just disruptions, but You at our door. And Lord, bless these fine people today who will decide on the needs of our great state. Give them wisdom for the task. AMEN The Pledge of Allegiance was led by Representative Elton. CERTIFICATION OF THE JOURNAL Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the journal for the 92nd and 93rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated April 11, 1997, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following appointments to the Labor & Commerce Committee: Board of Dispensing Opticians Barbara Landi - Anchorage Appointed: 04/11/97 Expires: 06/14/98 Board of Nursing Carolyn Keil - Anchorage Appointed: 04/11/97 Expires: 03/31/01 Board of Veterinary Examiners Jean Battig, DVM - Fairbanks Appointed: 04/11/97 Expires: 01/31/00 1997-04-16 House Journal Page 1109 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE SJR 22 A message dated April 14, 1997, was read stating the Senate has concurred in the House amendment to: SENATE JOINT RESOLUTION NO. 22 Inviting the United States Department of Defense to select Alaska as the site to base and train military troops. thus adopting: SENATE JOINT RESOLUTION NO. 22 am H (same title) **The presence of Representative Berkowitz was noted. FIRST READING AND REFERENCE OF SENATE BILLS Messages dated April 14 and 15, 1997, were read stating the Senate has passed the following, and they are transmitted for consideration: SB 63 SENATE BILL NO. 63 by Senators Donley, Halford, Phillips, Leman, Pearce, Kelly, Green and Sharp, entitled: An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. was read the first time and referred to the Judiciary and Finance Committees. 1997-04-16 House Journal Page 1110 **The presence of Representatives Williams, Ivan, Kott and Sanders was noted. SB 70 CS FOR SENATE BILL NO. 70(JUD) by the Senate Judiciary Committee, entitled: An Act relating to the discharge of firearms at or in the direction of buildings and dwellings. was read the first time and referred to the Judiciary and Finance Committees. SB 119 CS FOR SENATE BILL NO. 119(L&C) by the Senate Labor & Commerce Committee, entitled: An Act relating to fraternal benefit societies; and providing for an effective date. was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Roy M. Nageak, Sr. Marilyn Webb as members of the Board of Education, Beverly Fletcher Donald G. Hudson, D.O. Sarah A. Isto, M.D. Suzanne H. Lombardi Donald C. Olson, M.D. 1997-04-16 House Journal Page 1111 as members of the State Medical Board, John Pugh as a member of the Alaska Mental Health Trust Authority Board of Trustees, Mary Lou Madden Thomas L. Matheson Christine A. Miller as members of the Professional Teaching Practices Commission; and, Michael J. Burns Elsa Demeksa as members of the University of Alaska Board of Regents. The reports were signed by Representative Green, Vice-chair; and, Representatives Vezey, Dyson, Brice and Porter. 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. HCR 6 The Community & Regional Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. The report was signed by Representative Ivan, Chair, with the following individual recommendations: Do pass (5): Joule, Ogan, Sanders, Dyson, Ivan The following fiscal notes apply: Zero fiscal note, Office of the Governor, 4/16/97 Zero fiscal note, Dept. of Health & Social Services, 4/16/97 1997-04-16 House Journal Page 1112 HCR 6 HCR 6 was referred to the Health, Education & Social Services Committee. HJR 35 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 35 Encouraging federal legislation to improve federal fiscal terms for a trans-Alaska gas pipeline. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (6): Hudson, Joule, Ogan, Green, Williams, Dyson No recommendation (2): Nicholia, Masek The following fiscal note applies: Zero fiscal note, House Resources Committee, 4/16/97 HJR 35 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Hanley was noted. HB 78 The State Affairs Committee has considered: HOUSE BILL NO. 78 An Act relating to the definition of certain state receipts; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 78(STA): (same title) 1997-04-16 House Journal Page 1113 HB 78 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): Elton Do not pass (3): James, Vezey, Ivan No recommendation (2): Berkowitz, Dyson The following fiscal note applies to CSHB 78(STA): Fiscal note, Office of the Governor/Various Depts., 1/16/97 (previously noted as a zero fiscal note, page 88) HB 78 was referred to the Labor & Commerce Committee. HB 135 The Rules Committee has considered: HOUSE BILL NO. 135 An Act relating to dental licensing; extending the termination date of the Board of Dental Examiners; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 135(RLS) An Act extending the termination date of the Board of Dental Examiners to June 30, 2001; eliminating a requirement that a dental applicant's photograph be autographed; specifying the circumstances under which a person may be licensed as a dentist in this state without examination when the person is licensed as a dentist in another jurisdiction whose licensing requirements are not equivalent to this state's requirements; and providing for an effective date. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, Elton 1997-04-16 House Journal Page 1114 HB 135 No recommendation (2): Vezey, Williams The following fiscal note applies to CSHB 135(RLS): Zero fiscal note, Dept. of Commerce & Economic Development, 4/10/97 HB 135 was referred to the Rules Committee for placement on the calendar. HB 152 The Finance Committee has considered: HOUSE BILL NO. 152 An Act regulating hospice care. and recommends it be replaced with: CS FOR HOUSE BILL NO. 152(HES) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (2): Foster, Grussendorf No recommendation (5): Therriault, Kelly, Mulder, Martin, Davis The following fiscal note applies to CSHB 152(HES): Fiscal note, Dept. of Health & Social Services, 4/2/97 HB 152 was referred to the Rules Committee for placement on the calendar. HB 204 The Resources Committee has considered: 1997-04-16 House Journal Page 1115 HB 204 HOUSE BILL NO. 204 An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (7): Joule, Nicholia, Williams, Green, Dyson, Ogan, Hudson No recommendation (1): Masek The following fiscal note applies: Zero fiscal note, Dept. of Fish & Game, 3/25/97 HB 204 was referred to the Rules Committee for placement on the calendar. HB 237 The Labor & Commerce Committee has considered: HOUSE BILL NO. 237 An Act relating to payment of minimum wages to tipped employees; and providing for an effective date. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Cowdery, Ryan No recommendation (3): Sanders, Brice, Hudson The following fiscal note applies: Zero fiscal note, Dept. of Labor, 4/16/97 1997-04-16 House Journal Page 1116 HB 237 HB 237 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Croft was noted. HB 244 The Finance Committee has considered: HOUSE BILL NO. 244 An Act relating to cost-of-living adjustments to state employee compensation; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (6): Therriault, Hanley, Martin, Kelly, Mulder, Kohring Do not pass (1): Grussendorf The following fiscal notes apply: Zero fiscal note, Office of the Governor, 4/16/97 Zero fiscal note, Legislative Affairs Agency, 4/16/97 Zero fiscal note, Alaska Court System, 4/16/97 HB 244 was referred to the Rules Committee for placement on the calendar. SJR 14 The State Affairs Committee has considered: SENATE JOINT RESOLUTION NO. 14 Relating to support for federal legislation permitting state concealed handgun permittees to carry concealed handguns in other states. The report was signed by Representative James, Chair, with the following individual recommendations: 1997-04-16 House Journal Page 1117 SJR 14 Do pass (3): James, Dyson, Ivan Do not pass (1): Elton No recommendation (2): Berkowitz, Vezey The following fiscal note applies: Senate zero fiscal note, Senate State Affairs Committee, 2/14/97 SJR 14 was referred to the Rules Committee for placement on the calendar. SJR 24 The Resources Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 24(RES) Relating to the Tongass Land Management Plan and to continued Congressional oversight of that plan. 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 (3): Masek, Nicholia, Joule The following fiscal note applies: Senate zero fiscal note, Senate Resources Committee, 3/27/97 CSSJR 24(RES) was referred to the Rules Committee for placement on the calendar. SB 35 The Resources Committee has considered: 1997-04-16 House Journal Page 1118 SB 35 CS FOR SENATE BILL NO. 35(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (2): Dyson, Ogan No recommendation (3): Masek, Hudson, Joule Amend (3): Green, Williams, Nicholia The following fiscal notes apply: Senate fiscal note, Dept. of Natural Resources, 2/21/97 Senate zero fiscal note, Senate Finance Committee/Dept. of Natural Resources, 3/21/97 Senate zero fiscal note, Dept. of Natural Resources, 2/21/97 Senate zero fiscal notes (2), Dept. of Fish & Game, 2/19/97 CSSB 35(FIN) was referred to the Finance Committee. SB 41 The Finance Committee has considered: CS FOR SENATE BILL NO. 41(FIN) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations. and recommends it be replaced with: 1997-04-16 House Journal Page 1119 SB 41 HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Hanley, Martin, Kohring, Moses, Davis, Kelly, Foster No recommendation (1): Grussendorf The following fiscal notes apply to HCS CSSB 41(JUD): Fiscal note, Alaska Court System, 4/16/97 Fiscal note, Dept. of Law, 4/16/97 Senate zero fiscal note, Dept. of Labor, 3/18/97 Senate zero fiscal note, Dept. of Health & Social Services, 3/13/97 CSSB 41(FIN) was referred to the Rules Committee for placement on the calendar. SB 64 The Finance Committee has considered: CS FOR SENATE BILL NO. 64(FIN) An Act relating to the Shuyak Island State Park. The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Martin, Grussendorf, Moses No recommendation (3): Therriault, Mulder, Kelly The following fiscal notes apply: Senate fiscal note, Dept. of Natural Resources, 2/4/97 Senate zero fiscal note, Dept. of Public Safety, 2/4/97 1997-04-16 House Journal Page 1120 SB 64 CSSB 64(FIN) was referred to the Rules Committee for placement on the calendar. SB 83 The Finance Committee has considered: CS FOR SENATE BILL NO. 83(FIN) am 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 83(FIN) (same title) The report was signed by Representatives Hanley and Therriault, Co- chairs, with the following individual recommendations: Do pass (8): Hanley, Mulder, Foster, Martin, Moses, Davis, Kelly, Therriault Amend (2): Kohring, Grussendorf CSSB 83(FIN) am was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SB 143 The House Special Committee on Military & Veterans' Affairs has considered: CS FOR SENATE BILL NO. 143(RLS) An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard. 1997-04-16 House Journal Page 1121 SB 143 The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (7): Foster, Masek, Kott, Ryan, Mulder, Nicholia, Joule The following fiscal note applies: Senate zero fiscal note, Dept. of Military & Veterans Affairs, 4/4/97 CSSB 143(RLS) was referred to the Rules Committee for placement on the calendar. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 by Representative Mulder: Relating to improvements to highways and highway facilities. was read the first time and referred to the Transportation Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 110 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110 by Representative Nicholia, entitled: An Act relating to funding for charter schools. was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 251 HOUSE BILL NO. 251 by Representatives Berkowitz and Cowdery, entitled: 1997-04-16 House Journal Page 1122 HB 251 An Act relating to education for children who are deaf or hard of hearing. was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 252 HOUSE BILL NO. 252 by Representative Ryan, entitled: An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure. was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 14 The following was read the second time: HOUSE JOINT RESOLUTION NO. 14 Relating to supporting the American Land Sovereignty Protection Act. with the: Journal Page WTR RPT 5DP 1NR 397 ZERO FISCAL NOTE (H. WTR) 398 STA RPT CS(STA) 4DP 1NR 661 ZERO FISCAL NOTE (H.WTR) 2/19/97 662 RLS RPT CS(RLS) 4DP 1DNP 769 ZERO FISCAL NOTE (H.WTR) 2/19/97 769 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 1997-04-16 House Journal Page 1123 HJR 14 CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) (same title) There being no objection, it was so ordered. **The presence of Representative Moses was noted. Representative Foster moved and asked unanimous consent that CSHJR 14(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Elton objected. Speaker Pro Tempore Porter stated that CSHJR 14(RLS) will be in third reading on the April 17, 1997, calendar. THIRD READING OF HOUSE RESOLUTIONS HJR 34 The following, which was advanced to third reading from the April 14, 1997, calendar (page 1102), was read the third time: 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 presence of Representative Davies was noted. The question being: Shall HJR 34 pass the House? The roll was taken with the following result: HJR 34 Third Reading Final Passage YEAS: 24 NAYS: 13 EXCUSED: 3 ABSENT: 0 1997-04-16 House Journal Page 1124 HJR 34 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Moses, Nicholia Excused: Bunde, Kubina, Phillips And so, HJR 34 passed the House. Representative Brice gave notice of reconsideration of his vote on HJR34. LEGISLATIVE CITATIONS Representative Foster 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: Celebrating - Alaska Parent Teacher Association, 40th Anniversary By Representatives Green, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Joule, Kelly, Kemplen, Kohring, Kott, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Williams Honoring - K-9 Picasso By Representatives Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Williams Honoring - John Schandelmeier, Third Place Winner of the 1997 Yukon Quest By Representatives Davies, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams 1997-04-16 House Journal Page 1125 Honoring - Joe Tompkins, Bronze Medal Winner, Canadian National Disabled Championship By Senator Mackie; Representatives Kookesh, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - Milligrock Minnie Curran Fagerstrom By Representatives Foster, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - John Graham By Representatives Foster, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - Dale E. Kuykendall By Representatives Foster, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - James Jim Norene By Senator Halford; Representatives Berkowitz, Brice, Croft, Davies, Elton, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams UNFINISHED BUSINESS HJR 14 Representatives Dyson, Mulder and Rokeberg added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the American Land Sovereignty Protection Act. HB 229 Representative Kott added his name as cosponsor to: 1997-04-16 House Journal Page 1126 HB 229 HOUSE BILL NO. 229 An Act relating to the establishment and operation of charter schools. SB 14 Representative Kemplen added his name as cross sponsor 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. SB 63 Representative Rokeberg added his name as cross sponsor to: SENATE BILL NO. 63 An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:00 p.m., 4/16 The following meeting today has been changed as indicated: Children's Caucus 12:00 p.m., 4/16 meeting LOCATION CHANGED TO: Capitol 532 1997-04-16 House Journal Page 1127 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 17, 1997. There being no objection, the House adjourned at 11:11 a.m. Suzi Lowell Chief Clerk