Legislature(1997 - 1998)

1997-04-23 House Journal

Full Journal pdf

1997-04-23                     House Journal                      Page 1281
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                     Wednesday            April 23, 1997         
                                                                               
                            One Hundred First Day                            
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:09 a.m.                                                         
                                                                               
                                                                               
Roll call showed 34 members present.  Representative Barnes was                
excused due to a family emergency.  Representatives Hanley, James,             
Kott, Therriault and Williams were absent and their presence was               
noted later.                                                                   
                                                                               
                                                                               
The invocation was offered by the Chaplain, Mary Gubatayo-Hagen of             
the Baha'i Faith.  Representative Croft moved and asked unanimous              
consent that the invocation be spread on the journal.  There being no          
objection, it appears below:                                                   
                                                                               
For the Departed,                                                             
                                                                               
Glory be to Thee, O Lord my God!  Abase not him whom                          
Thou hast exalted through the power of Thine everlasting                       
sovereignty, and remove not far from Thee him whom Thou                        
hast caused to enter the tabernacle of Thine eternity.  Wilt                   
Thou cast away, O my God, him whom Thou hast                                   
overshadowed with Thy Lordship, and wilt Thou turn away                        
from Thee, O my Desire, him to whom Thou hast been a                           
refuge?  Canst Thou degrade him whom Thou hast uplifted,                       
or forget him whom Thou didst enable to remember Thee?                         
                                                                               
Glorified, immensely glorified art Thou!  Thou art He Who                     
from everlasting hath been the King of the entire creation and                 
its Prime Mover, and Thou wilt to everlasting remain the Lord                  

1997-04-23                     House Journal                      Page 1282
of all created things and their Ordainer.  Glorified art Thou,                 
O my God!  If Thou ceasest to be merciful unto Thy servants,                   
who, then, will show mercy unto them; and if Thou refusest                     
to succor Thy loved ones, who is there that can succor them?                   
                                                                               
                                                                               
Glorified, immeasurable glorified art Thou!  Thou art adored                  
in Thy truth, and Thee do we all, verily, worship; and Thou                    
art manifest in Thy justice, and to Thee do we all, verily, bear               
witness.  Thou art, in truth, beloved in Thy grace. No God is                  
there but Thee, the Help in Peril, the Self-Subsisting.                        
                                                                               
									Baha ulla h                                                           
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Brice.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 100th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 75                                                                        
A message dated April 22, 1997, was read stating the President has             
granted limited powers of free conference to the Senate members of             
the Conference Committee considering:                                          
                                                                               
CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld)                            
An Act making appropriations for the operating and loan program               
expenses of state government, for certain programs, and to                     
capitalize funds; making an appropriation under art. IX, sec. 17(c),           
Constitution of the State of Alaska, from the constitutional budget            
reserve fund; and providing for an effective date.                             
                                                                               
and                                                                            
                                                                               

1997-04-23                     House Journal                      Page 1283
HB 75                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) amS(brf                           
fld S)                                                                         
An Act making appropriations for the operating and loan program               
expenses of state government, for certain programs, and to                     
capitalize funds; and providing for an effective date.                         
                                                                               
                                                                               
The Speaker had previously granted the limited powers of free                  
conference as requested and the specific points for which limited              
powers were granted are on page 1236.                                          
                                                                               
                                                                               
HB 76                                                                        
A message dated April 22, 1997, was read stating the President has             
granted limited powers of free conference to the Senate members of             
the Conference Committee considering:                                          
                                                                               
CS FOR HOUSE BILL NO. 76(FIN)                                                 
An Act making appropriations for the operating and capital                    
expenses of the state's integrated comprehensive mental health                 
program; and providing for an effective date.                                  
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S                              
(same title)                                                                  
                                                                               
                                                                               
The Speaker had previously granted the limited powers of free                  
conference as requested and the specific points for which limited              
powers were granted are on page 1236.                                          
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
A message dated April 22, 1997, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               

1997-04-23                     House Journal                      Page 1284
SJR 25                                                                       
SENATE JOINT RESOLUTION NO. 25 by Senators Wilken, Sharp,                      
Miller, Taylor and Pearce:                                                     
                                                                               
Supporting enhancement of visitor access to Denali National Park              
and Preserve through development of a northern railroad route                  
corridor access to the vicinity of Wonder Lake.                                
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
**The presence of Representative Williams was noted.                           
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
Messages dated April 22, 1997, were read stating the Senate has                
passed the following, and they are transmitted for consideration:              
                                                                               
SB 9                                                                         
SENATE BILL NO. 9 by Senator Mackie, entitled:                                 
                                                                               
An Act relating to municipal capital project matching grants for              
a municipality organized under federal law as an Indian reserve;               
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                
                                                                               
SB 91                                                                        
CS FOR SENATE BILL NO. 91(STA) am by the Senate State Affairs                  
Committee, entitled:                                                           
                                                                               
An Act relating to the regulation of physical therapists, physical            
therapy assistants, occupational therapists, and occupational                  
therapy assistants; extending the termination date of the State                
Physical Therapy and Occupational Therapy Board; and providing                 
for an effective date.                                                         
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     

1997-04-23                     House Journal                      Page 1285
SB 126                                                                       
CS FOR SENATE BILL NO. 126(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
An Act relating to the retirement incentive program for state                 
employees; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
SB 134                                                                       
CS FOR SENATE BILL NO. 134(HES) by the Senate Health,                          
Education & Social Services Committee, entitled:                               
                                                                               
An Act relating to home schooling for elementary and secondary                
students.                                                                      
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
                                                                               
SB 151                                                                       
CS FOR SENATE BILL NO. 151(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
An Act relating to public employment labor relations; relating to             
the protection of the rights of public employees under the Public              
Employment Relations Act; establishing ethical standards for union             
representatives of public employees; and establishing disclosure               
requirements for public employee labor organizations.                          
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
SB 161                                                                       
CS FOR SENATE BILL NO. 161(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               

1997-04-23                     House Journal                      Page 1286
SB 161                                                                       
An Act relating to management of certain municipal assets by the              
Alaska Permanent Fund Corporation.                                             
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Labor & Commerce Committee has reviewed the qualifications of              
the following and recommends the appointments be forwarded to a                
joint session for consideration:                                               
                                                                               
                                 Robert Pearson                                
                                                                               
as a member of the Board of Barbers and Hairdressers,                          
                                                                               
                                Kathleen Grimes                                
                                                                               
as a member of the Alaska State Board of Public Accountancy,                   
                                                                               
                                 Barbara Landi                                 
                                                                               
as a member of the Board of Dispensing Opticians,                              
                                                                               
                                  Carolyn Keil                                 
                                                                               
as a member of the Board of Nursing; and,                                      
                                                                               
                                Jean Battig, DVM                               
                                                                               
as a member of the Board of Veterinary Examiners.                              
                                                                               
The reports were signed by Representative Rokeberg, Chair; and,                
Representatives Cowdery, Hudson, Sanders, Ryan, Brice 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.                                                      
                                                                               

1997-04-23                     House Journal                      Page 1287
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
HB 63                                                                        
The Rules Committee has considered:                                            
                                                                               
HOUSE BILL NO. 63                                                             
An Act extending the motor fuel tax exemption for fuel sold for               
use in jet propulsion aircraft to fuel used in those aircraft for              
flights that continue from a foreign country; and providing for an             
effective date.                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 63(RLS)                                                 
An Act amending the definition of 'motor fuel' under the states               
motor fuel tax to add, as a part of the tax exemption set out in that          
definition, exemption from the tax for fuel sold for use in jet                
propulsion aircraft operating in flights that continue from foreign            
countries, to add exemption from the tax for certain number 6                  
'residual fuel oil,' also known as bunker fuel, and to delete the              
exemption from the tax for fuel that is at least 10 percent alcohol            
by volume; and repealing ch. 42, SLA 1994, the Act providing for               
the imposition of a different tax levy on residual fuel oil used in            
and on certain watercraft until June 30, 1998; and providing for an            
effective date.                                                                
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (2):  Phillips, Porter                                                 
                                                                               
No recommendation (4):  Kott, Williams, Nicholia, Elton                        
                                                                               
The following fiscal note applies to CSHB 63(RLS):                             
                                                                               
Fiscal note, Dept. of Revenue, 4/4/97                                          
                                                                               
HB 63 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               

1997-04-23                     House Journal                      Page 1288
HB 109                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 109                                                            
An Act relating to the management and disposal of state land and              
resources; relating to certain remote parcel and homestead entry               
land purchase contracts and patents; and providing for an effective            
date.                                                                          
                                                                               
The report was signed by Representatives Hudson and Ogan, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (2):  Dyson, Hudson                                                    
                                                                               
No recommendation (6):  Williams, Green, Masek, Ogan, Nicholia,                
Joule                                                                          
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Natural Resources, 4/23/97                               
                                                                               
HB 109 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 127                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 127                                                            
An Act relating to the citizen review board and panels for                    
permanency planning for certain children in state custody;                     
renaming the Citizens' Review Panel For Permanency Planning as                 
the Citizens' Foster Care Review Board; extending the termination              
date of the Citizens' Foster Care Review Board; and providing for              
an effective date.                                                             
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 127(HES)                                                
An Act relating to the citizen review board and panels for                    
permanency planning for certain children in state custody;                     
renaming the Citizens Review Panel for Permanency Planning as                  

1997-04-23                     House Journal                      Page 1289
HB 127                                                                       
the Citizens Foster Care Review Board; extending the termination              
date of the Citizens Foster Care Review Board; relating to                     
disclosures about certain minors; and providing for an effective               
date.                                                                          
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2):  Dyson, Bunde                                                     
                                                                               
No recommendation (4):  Green, Porter, Vezey, Kemplen                          
                                                                               
The following fiscal notes apply to CSHB 127(HES):                             
                                                                               
Fiscal note, Dept. of Administration, 4/23/97                                  
Indeterminate fiscal note, Dept. of Administration, 4/23/97                    
Zero fiscal note, Dept. of Health & Social Services, 4/23/97                   
                                                                               
HB 127 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 241                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 241                                                            
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                   
residents spouse and dependents of the resident, the primary                   
residence of the residents spouse or a dependent of the resident,              
and other property up to a total value of $5,000; and providing for            
an effective date.                                                             
                                                                               
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               

1997-04-23                     House Journal                      Page 1290
HB 241                                                                       
Do pass (7):  Ogan, Sanders, Dyson, Ryan, Kookesh, Joule, Ivan                 
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Administration, 4/23/97                             
                                                                               
HB 241 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
SB 13                                                                        
The Health, Education & Social Services Committee has considered:              
                                                                               
CS FOR SENATE BILL NO. 13(RLS)                                                
An Act relating to taxes on cigarettes and tobacco products and               
to the use of the proceeds of those taxes, and increasing by at least          
35.5 mills the amount of excise tax levied on each cigarette                   
imported or acquired in the state; and providing for an effective              
date.                                                                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES)                                   
(same title)                                                                  
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Green, Porter, Bunde, Kemplen                                    
                                                                               
Do not pass (1):  Vezey                                                        
                                                                               
No recommendation (1):  Dyson                                                  
                                                                               
The following fiscal note applies to HCS CSSB 13(HES):                         
                                                                               
Senate fiscal note, Dept. of Revenue, 4/7/97                                   
                                                                               
CSSB 13(RLS) was referred to the Finance Committee.                            
                                                                               
**The presence of Representative Therriault was noted.                         

1997-04-23                     House Journal                      Page 1291
SB 49                                                                        
The Finance Committee has considered:                                          
                                                                               
SENATE BILL NO. 49                                                            
An Act repealing certain filing statements and bonds for                      
enforcement and collection of certain taxes and license fees;                  
relating to service of process on nonresident taxpayers; 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):  Hanley, Mulder, Davies, Grussendorf, Davis, Kelly                
                                                                               
No recommendation (1):  Therriault                                             
                                                                               
The following fiscal notes apply:                                              
                                                                               
Senate zero fiscal note, Dept. of Revenue, 1/15/97                             
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
1/15/97                                                                        
                                                                               
SB 49 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
**The presence of Representative James was noted.                              
                                                                               
                                                                               
SB 68                                                                        
The State Affairs Committee has considered:                                    
                                                                               
CS FOR SENATE BILL NO. 68(FIN)                                                
An Act relating to the Task Force on Privatization; and providing             
for an effective date.                                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 68(STA)                                   
(same title)                                                                  
                                                                               
                                                                               

1997-04-23                     House Journal                      Page 1292
SB 68                                                                        
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  James, Hodgins, Dyson, Vezey, Ivan                               
                                                                               
Do not pass (1):  Elton                                                        
                                                                               
No recommendation (1):  Berkowitz                                              
                                                                               
The following fiscal notes apply to HCS CSSB 68(STA):                          
                                                                               
Fiscal note, Legislative Affairs Agency, 3/26/97                               
Indeterminate fiscal notes (2), Office of the Governor, 3/26/97                
                                                                               
CSSB 68(FIN) was referred to the Finance Committee.                            
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
SJR 19                                                                       
The House Special Committee on International Trade & Tourism has               
considered:                                                                    
                                                                               
SENATE JOINT RESOLUTION NO. 19                                                
Relating to naming Anchorage as the location of the 2001 Special              
Olympics World Winter Games.                                                   
                                                                               
The report was signed by Representative Cowdery, Chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (5):  Mulder, Ryan, Kott, Cowdery, Phillips                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Senate Judiciary Committee, 3/27/97                   
                                                                               
SJR 19 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               

1997-04-23                     House Journal                      Page 1293
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Bill Elkington                                                      
By Representatives Hudson, Elton; Senator Duncan                               
                                                                               
Honoring - The Bethel Wrestling Team                                           
By Senator Hoffman; Representative Ivan                                        
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 36                                                                       
HOUSE JOINT RESOLUTION NO. 36 by Representatives Green,                        
Martin and Mulder:                                                             
                                                                               
Proposing amendments to the Constitution of the State of Alaska               
relating to redistricting of the legislature, and repealing as obsolete        
language in the article setting out the apportionment schedule used            
to elect the members of the first state legislature.                           
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 243                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243 by the House                         
Special Committee on Fisheries, entitled:                                      
                                                                               
An Act delaying the repeal of the current law regarding                       
subsistence use of fish and game; amending the effective date of               
secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective               
date.                                                                          
                                                                               
was read the first time and referred to the Resources Committee.               

1997-04-23                     House Journal                      Page 1294
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 115                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 115                                                            
An Act making corrective amendments to the Alaska Statutes as                 
recommended by the revisor of statutes; and providing for an                   
effective date.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 5DP                                              755         
	ZERO FISCAL NOTE (DHSS)                                           755         
                                                                               
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. 115(JUD)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Porter:                          
                                                                               
Page 4, following line 20:                                                     
	Insert a new bill section to read:                                            
   "*Sec. 8.  AS 09.10.053, as added by sec. 4, SCS CSSSHB 58(RLS)           
am S, Twentieth Alaska State Legislature, is amended to read:                  
	Sec. 09.10.053.  Contract actions to be brought in three                    
years.  Unless the action is commenced within three years, a                  
person may not bring an action upon a contract or liability, express           
or implied, except as provided in AS 09.10.040, ªTHE                           
PROVISIONS OF THIS SECTION MAY BE WAIVED BY                                    
CONTRACT,ß or as otherwise provided by law, or except if the                 
provisions of this section are waived by contract."                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1997-04-23                     House Journal                      Page 1295
HB 115                                                                       
Page 19, line 3:                                                               
	Delete "sec. 10"                                                              
	Insert "sec. 11"                                                              
                                                                               
Page 19, line 5:                                                               
	Delete "secs. 11 and 12"                                                      
	Insert  "secs. 12 and 13"                                                     
                                                                               
Page 19, line 7:                                                               
	Delete "sec. 14"                                                              
	Insert "sec. 15"                                                              
                                                                               
                                                                               
Page 19, following line 8:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 45.  (a)  The amendment to AS 09.10.053, made by sec. 8           
of this Act, takes effect only if SCS CSSSHB 58(RLS) am S,                     
Twentieth Alaska State Legislature, becomes law.                               
	(b)  If the amendment to AS 09.10.053, made by sec. 8 of this                 
Act, takes effect under (a) of this section, the applicability and             
severability provisions of secs. 55 and 56 of                                  
SCSCSSSHB58(RLS)amS apply to AS 09.10.053, as amended by                       
sec. 8 of this Act.                                                            
   * Sec. 46.  If sec. 8 of this Act takes effect under sec. 45(a) of this   
Act, it takes effect on the effective date of SCS CSSSHB 58 (RLS) am           
S, Twentieth Alaska State Legislature."                                        
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Page 19, line 9:                                                               
	Delete "This"                                                                 
	Insert "Except as provided in sec. 46 of this Act, this"                      
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 1 was adopted.                                                   
                                                                               

1997-04-23                     House Journal                      Page 1296
HB 115                                                                       
Representative Porter moved and asked unanimous consent that                   
CSHB115(JUD) am be considered engrossed, advanced to third                     
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
CSHB 115(JUD) am was read the third time.                                      
                                                                               
The question being: Shall CSHB 115(JUD) am pass the House?  The                
roll was taken with the following result:                                      
                                                                               
CSHB 115(JUD) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis,             
Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg,             
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Brice, Foster, Moses                                                  
                                                                               
And so, CSHB 115(JUD) 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 115(JUD) am was referred to the Chief Clerk for engrossment.              
                                                                               
                                                                               
HB 151                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 151                                                            
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field and to use area registration for         
portions of additional guide use areas by registered guides.                   

1997-04-23                     House Journal                      Page 1297
HB 151                                                                       
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES) NT 6DP                                           782         
	3 ZERO FISCAL NOTES (F&G, DCED, DPS)                              783         
                                                                               
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. 151(RES)                                                
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field, to use area registration for            
portions of additional guide use areas by registered guides, and to            
eligibility for big game guide licenses or a transporter license.              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Ogan:                            
                                                                               
Page 1, line 2, following "field," (title amendment):                        
	Insert "to activities of transporters in the field,"                        
                                                                               
Page 3, line 31, following "employed":                                     
	Insert ";                                                                   
		(19)  person who is licensed as a transporter, or who                       
provides transportation services under a transporter license, to               
knowingly accompany or remain in the field with a big game                     
hunter who is a client of the person except as necessary to                    
perform the specific duties of embarking or disembarking big                   
game hunters, their equipment, or big game animals harvested                   
by hunters; this paragraph does not apply to a person who                      
holds both a transporter license and any class of guide license                
issued under this chapter"                                                   
                                                                               
Page 4, line 3:                                                                
	Delete "or (18)"                                                          
	Insert "(18), or (19)"                                                    
                                                                               
Page 4, line 11:                                                               
	Delete "or (18)"                                                          
	Insert "(18), or (19)"                                                    
                                                                               

1997-04-23                     House Journal                      Page 1298
HB 151                                                                       
Representative Ogan moved and asked unanimous consent that                     
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kubina objected.                                                
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 151(RES)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  28   NAYS:  10   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Davis,             
Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule,                
Kohring, Kookesh, Kott, Masek, Nicholia, Ogan, Phillips, Porter,               
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
Nays:  Bunde, Foster, Hanley, James, Kelly, Kemplen, Kubina, Martin,           
Moses, Mulder                                                                  
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Vezey                                                                 
                                                                               
And so, Amendment No. 1 was adopted and the new tittle appears                 
below:                                                                         
                                                                               
CS FOR HOUSE BILL NO. 151(RES) am                                             
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field, to activities of transporters in        
the field, to use area registration for portions of additional guide           
use areas by registered guides, and to eligibility for big game                
guide licenses, or a transporter license.                                      
                                                                               
Amendment No. 2 was offered  by Representatives Kott and Ogan:                  
                                                                               
Page 1, line 3, following "registered guides," (title amendment):            
	Insert	"to oral examinations for a registered guide license or               
a game management unit certification,"                                        
                                                                               

1997-04-23                     House Journal                      Page 1299
HB 151                                                                       
Page 1, line 3, following "licenses" (title amendment):                      
	Insert	", game management unit certifications,"                             
                                                                               
Page 1, following line 5:                                                      
	Insert a new bill section to read:                                            
   "* Section 1.  AS 08.54.600 is amended by adding a new subsection         
to read:                                                                       
	(b)  The department shall provide for administration of an oral              
examination for a registered guide license or for a game                       
management unit certification if an applicant cannot read English              
or suffers from a reading disability."                                         
                                                                               
Page 1, line 6:                                                                
	Delete "Section 1."                                                         
	Insert "Sec. 2."                                                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 1, following line 13:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 3.  AS 08.54.610(a) is amended to read:                           
	(a)  A natural person is entitled to a registered guide license              
if the person                                                                  
		(1)  is 21 years of age or older;                                           
		(2)  has practical field experience in the handling of                      
firearms, hunting, judging trophies, field preparation of meat and             
trophies, first aid, photography, and related guiding and outfitting           
activities;                                                                    
		(3)  either                                                               
		(A)  has passed the qualification examination prepared                   
and administered by the department under AS 08.54.600; or                    
		(B)  provides evidence of 25 years of experience as                        
a class-A assistant guide, class-A assistant guide-outfitter,                  
or equivalent guiding experience in the state;                               
		(4)  either                                                               
		(A)  has passed a certification examination prepared                     
and administered by the department under AS 08.54.600 for                      
at least one game management unit; or                                        
		(B)  provides evidence of 10 years of experience as                        
a class-A assistant guide or class-A assistant guide-outfitter                 
in at least one game management unit;                                        

1997-04-23                     House Journal                      Page 1300
HB 151                                                                       
		(5)  has legally hunted in the state for part of each of any                
five years in a manner directly contributing to the person's                   
experience and competency as a guide;                                          
		(6)  has been licensed as and performed the services of a                   
class-A assistant guide or assistant guide, or of a class-A assistant          
guide-outfitter or assistant guide-outfitter under former AS                   
08.54.300 - 08.54.590, in the state for a part of each of three                
years;                                                                         
		(7)  is capable of performing the essential duties                          
associated with guiding and outfitting;                                        
		(8)  has been favorably recommended in writing by eight                     
big game hunters whose recommendations have been solicited by                  
the department from a list provided by the applicant, including at             
least two favorable recommendations for each year of any three                 
years during which the person was a class-A assistant guide or                 
assistant guide, or a class-A assistant guide-outfitter or assistant           
guide-outfitter under former AS08.54.300 - 08.54.590;                          
		(9)  has provided proof of financial responsibility if                      
required by the department under AS 08.54.680; and                             
		(10)  has applied for a registered guide license on a form                  
provided by the department and paid the license application fee                
and the registered guide license fee.                                          
   * Sec. 4.  AS 08.54.610 is amended by adding a new subsection to          
read:                                                                          
	(f)  Notwithstanding other provisions of this chapter, a person              
may receive certification for a game management unit if the person             
provides evidence of 10 years of experience as a class-A assistant             
guide or class-A assistant guide-outfitter in the game management              
unit."                                                                         
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 4, following line 24:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 8.  AS 08.54.750(b) is amended to read:                           
	(b)  A registered guide may not register for or conduct big                  
game hunting services in                                                       
		(1)  more than three guide use areas during a calendar                      
year; or                                                                       
                                                                               

1997-04-23                     House Journal                      Page 1301
HB 151                                                                       
		(2)  a guide use area that is outside of a game                             
management unit for which the registered guide is certified under              
AS 08.54.600 or 08.54.610(f)."                                             
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Kott moved and asked unanimous consent that                     
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Hanley objected.                                                
                                                                               
Representative Hodgins moved and asked unanimous consent that he               
be allowed to abstain from voting due to a conflict of interest.               
Objection was heard, and Representative Hodgins was required to vote.          
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 151(RES) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  30   NAYS:  7   EXCUSED:  1   ABSENT:  2                              
                                                                               
Yeas:  Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton,          
Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen,              
Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan,                 
Phillips, Porter, Rokeberg, Ryan, Sanders, Williams                            
                                                                               
Nays:  Austerman, Bunde, Hanley, Kelly, Martin, Therriault, Vezey              
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Foster, Moses                                                         
                                                                               
And so, Amendment No. 2 was adopted and the new title appears                  
below:                                                                         
                                                                               
CS FOR HOUSE BILL NO. 151(RES) am                                             
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field, to activities of transporters in        
the field, to use area registration for portions of additional guide           

1997-04-23                     House Journal                      Page 1302
HB 151                                                                       
use areas by registered guides, to oral examinations for a                    
registered guide license or a game management unit certification,              
and to eligibility for big game guide licenses, game management                
unit certifications, or a transporter license.                                 
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB151(RES) am be considered engrossed, advanced to third                     
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
CSHB 151(RES) am was read the third time.                                      
                                                                               
Representative Bunde moved and asked unanimous consent that he be              
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Bunde was required to vote.                      
                                                                               
Representative Austerman moved and asked unanimous consent that                
he be allowed to abstain from voting due to a potential conflict of            
interest.  Objection was heard, and Representative Austerman was               
required to vote.                                                              
                                                                               
The question being: Shall CSHB 151(RES) am pass the House?  The                
roll was taken with the following result:                                      
                                                                               
CSHB 151(RES) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Berkowitz, Cowdery, Croft, Davies, Davis, Dyson,             
Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James,               
Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek,                  
Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,             
Therriault, Vezey, Williams                                                    
                                                                               
Nays:  Brice, Bunde, Foster, Martin, Moses                                     
                                                                               
Excused:  Barnes                                                               
                                                                               
And so, CSHB 151(RES) am passed the House.                                     
                                                                               

1997-04-23                     House Journal                      Page 1303
HB 151                                                                       
Representative Brice gave notice of reconsideration of his vote on             
CSHB 151(RES) am.                                                              
                                                                               
                                                                               
HB 152                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 152                                                            
An Act regulating hospice care.                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) 2DP 3NR                                          906         
	FISCAL NOTE (DHSS)                                                907         
	FIN RPT  CS(HES) 2DP 5NR                                         1114         
	FISCAL NOTE (DHSS) 4/2/97                                        1114         
                                                                               
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. 152(HES)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB152(HES) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 152(HES) was read the third time.                                         
                                                                               
The question being: Shall CSHB 152(HES) pass the House?  The                   
roll was taken with the following result:                                      
                                                                               
CSHB 152(HES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  1   ABSENT:  1                              
                                                                               
                                                                               

1997-04-23                     House Journal                      Page 1304
HB 152                                                                       
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson,              
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,            
Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg,              
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
Nays:  Martin                                                                  
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Hanley                                                                
                                                                               
And so, CSHB 152(HES) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 20                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am                                 
Requesting the United States Congress to accommodate Alaska's                 
unique wetlands circumstances by amending the Clean Water Act                  
to modify the wetlands regulatory program and to recognize                     
Alaska's outstanding history of wetlands conservation.                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  7DP                                                     1011         
	SENATE ZERO FISCAL NOTE (S.RES) 3/11/97                          1011         
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSSJR20(RLS) am be considered engrossed, advanced to third                     
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
CSSJR 20(RLS) am was read the third time.                                      
                                                                               
The question being: Shall CSSJR 20(RLS) am pass the House?  The                
roll was taken with the following result:                                      

1997-04-23                     House Journal                      Page 1305
SJR 20                                                                       
                                                                               
CSSJR 20(RLS) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  2   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Davis, Dyson,              
Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule,             
Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder,                  
Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,         
Vezey, Williams                                                                
                                                                               
Nays:  Davies, Kemplen                                                         
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Croft, Grussendorf, Moses                                             
                                                                               
And so, CSSJR 20(RLS) am passed the House.                                     
                                                                               
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
CSSJR 20(RLS) am.                                                              
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 143                                                                       
Representative Kubina brought up reconsideration of the vote on                
HB143 (page 1273).                                                             
                                                                               
                                                                               
The following was again before the House in third reading:                     
                                                                               
HOUSE BILL NO. 143                                                            
An Act relating to the art in public places requirements for state-           
owned and state-leased buildings and facilities.                               
                                                                               
                                                                               
The question to be reconsidered:  Shall HB 143 pass the House?                 
The roll was taken with the following result:                                  

1997-04-23                     House Journal                      Page 1306
HB 143                                                                       
                                                                               
HB 143--RECONSIDERATION                                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  21   NAYS:  17   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Cowdery, Dyson, Foster, Green, Hanley, Hodgins,              
James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter,           
Rokeberg, Ryan, Sanders, Therriault, Vezey                                     
                                                                               
Nays:  Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton,                   
Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Masek,             
Nicholia, Williams                                                             
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, HB 143 passed the House on reconsideration 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 - Ice Alaska                                                          
By Representatives Brice, Berkowitz, Croft, Davies, Elton, Ivan,               
James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Porter, Ryan,            
Therriault, Vezey, Williams                                                    
                                                                               
                                                                               
Honoring - Joe Slack                                                           
By Senators Green, Halford; Representatives Kohring, Masek, Ogan,              
Berkowitz, Croft, Davies, Ivan, James, Joule, Kelly, Kott, Mulder,             
Nicholia, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams                  
                                                                               
                                                                               

1997-04-23                     House Journal                      Page 1307
                             UNFINISHED BUSINESS                             
                                                                               
HB 149                                                                       
Representative Kohring moved and asked unanimous consent to                    
withdraw the following:                                                        
                                                                               
HOUSE BILL NO. 149                                                            
An Act relating to the management of salmon fisheries; and                    
providing for an effective date.                                               
                                                                               
Representative Kubina objected.                                                
                                                                               
Representative Kohring moved and asked unanimous consent to                    
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
                                                                               
HJR 21                                                                       
Representative Rokeberg added his name as cosponsor to:                        
                                                                               
HOUSE JOINT RESOLUTION NO. 21                                                 
Relating to amendment of Title VIII of the Alaska National                    
Interest Lands Conservation Act.                                               
                                                                               
                                                                               
HB 151                                                                       
Representative Croft added his name as cosponsor to:                           
                                                                               
CS FOR HOUSE BILL NO. 151(RES) am                                             
An Act relating to personal hunting of big game by big game                   
guides while clients are in the field, to activities of transporters in        
the field, to use area registration for portions of additional guide           
use areas by registered guides, to oral examinations for a                     
registered guide license or a game management unit certification,              
and to eligibility for big game guide licenses, game management                
unit certifications, or a transporter license.                                 
                                                                               
                                                                               
HB 152                                                                       
Representative Croft added his name as cosponsor to:                           
                                                                               
CS FOR HOUSE BILL NO. 152(HES)                                                
An Act regulating hospice care.                                               

1997-04-23                     House Journal                      Page 1308
HB 238                                                                       
Representatives Foster and Ivan added their names as cosponsors to:            
                                                                               
HOUSE BILL NO. 238                                                            
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.             
                                                                               
                                                                               
HB 241                                                                       
Representatives Dyson, Phillips, Ogan and Ivan added their names as            
cosponsors to:                                                                 
                                                                               
HOUSE BILL NO. 241                                                            
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                   
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.                                                             
                                                                               
SJR 19                                                                       
Representative Mulder added his name as cross sponsor to:                      
                                                                               
SENATE JOINT RESOLUTION NO. 19                                                
Relating to naming Anchorage as the location of the 2001 Special              
Olympics World Winter Games.                                                   
                                                                               
                                                                               
SJR 20                                                                       
Representative Rokeberg added his name as cross sponsor to:                    
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am                                 
Requesting the United States Congress to accommodate Alaska's                 
unique wetlands circumstances by amending the Clean Water Act                  
to modify the wetlands regulatory program and to recognize                     
Alaska's outstanding history of wetlands conservation.                         

1997-04-23                     House Journal                      Page 1309
SJR 25                                                                       
Representative Brice added his name as cross sponsor to:                       
                                                                               
SENATE JOINT RESOLUTION NO. 25                                                 
Supporting enhancement of visitor access to Denali National Park and           
Preserve through development of a northern railroad route corridor             
access to the vicinity of Wonder Lake.                                         
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 30                                                                       
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:                                   
                                                                               
HOUSE JOINT RESOLUTION NO. 30                                                 
Relating to the creation of a new United States Court of Appeals              
for the Twelfth Circuit.                                                       
                                                                               
                                                                               
HB 115                                                                       
CSHB 115(JUD) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
HB 143                                                                       
HB 143 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
HB 152                                                                       
CSHB 152(HES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
The following meeting today has been changed as indicated:                     

1997-04-23                     House Journal                      Page 1310
Labor & Commerce Committee                             3:15 p.m., 4/23         
HB 136 CANCELED                                                                
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 24, 1997.  There being no                
objection, the House adjourned at 12:36 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk