Legislature(1997 - 1998)

1997-05-01 House Journal

Full Journal pdf

1997-05-01                     House Journal                      Page 1433
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                     TWENTIETH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Thursday               May 1, 1997         
                                                                               
                            One Hundred Ninth Day                            
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:08 a.m.                                                         
                                                                               
                                                                               
Roll call showed 33 members present.  Representative Barnes was                
excused due to illness.  Representatives Hanley, James, Kott, Martin,          
Mulder and Therriault were absent and their presence was noted later.          
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Kathleen                  
Wakefield, Deacon of St. Brendan's Episcopal Church.  Representative           
Ogan moved and asked unanimous consent that the invocation be                  
spread on the journal.  There being no objection, it appears below:            
                                                                               
"Let us pray,                                                                 
                                                                               
O God, our Father, help us all through this day to live so that               
we may bring help to others, credit to ourselves, and joy to                   
those who love us and to You.                                                  
                                                                               
Cheerful when things go wrong; persevering when things are                    
difficult; serene when things are irritating.                                  
                                                                               
Enable us to be:  Helpful to those in difficulties; kind to those             
in need; sympathetic to those whose hearts are sore and sad.                   
                                                                               
Grant that:  Nothing may make us lose our tempers; nothing                    
may take away our joy; nothing may ruffle our peace; nothing                   
may make us bitter towards anyone.                                             
                                                                               

1997-05-01                     House Journal                      Page 1434
So grant that through all this day all those with whom we                     
work, and all those whom we meet, may see in us the                            
reflection of You, whose we are, and whom we seek to serve.                    
This we ask for Your loves sake.                                               
                                                                               
									William Barclay"                                                      
                                                                               
The Pledge of Allegiance was led by Representative Green.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 108th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HB 65                                                                        
The following letter, dated April 30, 1997, was received:                      
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. II, sec. 15, of the Alaska Constitution, I         
have vetoed the following bill:                                                
                                                                               
HOUSE BILL NO. 65 am                                                          
An Act relating to partial-birth abortions.                                   
                                                                               
The effects of this bill have been profoundly misrepresented and               
therefore, are widely misunderstood.  While HB 65 purports to restrict         
a single, late-term abortion procedure, it is so vague it will criminalize     
even some of the most common, early abortion procedures. Since the             
United States and Alaska constitutions protect a womans right to               
choose until the third trimester of pregnancy, clearly HB 65 is                
unconstitutional.  This bill also makes felons out of physicians and, by       
refusing to consider a womans health, the Legislature has passed a bill        
which is neither consistent with the U.S. Constitution nor sound public        
policy.  Clearly, this bill is an attack on the constitutional rights of       
Alaskan women.                                                                 

1997-05-01                     House Journal                      Page 1435
HB 65                                                                        
HB 65 is flawed in many ways.  First, since it fails to define an              
identifiable medical procedure recognized by the medical community,            
the bill is subject to wide misinterpretation and could prohibit doctors       
from completing safe and effective medical procedures.  Second, it is          
unconstitutional because it prohibits consideration of either the viability    
of a fetus or the health of a mother.  Finally, the bill violates a basic      
right Alaskans cherish deeply - the right to privacy.  The personal            
decision about whether to choose abortion should be left to a woman            
and her doctor.  Few Alaskans want the state Legislature dictating             
medical operating room procedures.                                             
                                                                               
                                                                               
This legislation purports to ban a medical procedure referred to in the        
bill as a "partial birth abortion."  In fact, there is no such procedure,      
nor does the definition provided in this legislation define an actual          
medical procedure, according to the Alaska Medical Board.                      
                                                                               
                                                                               
The Board  opposes this bill because of the vagueness of the definition        
and because this vagueness would adversely affect a physicians ethical         
obligations to provide the safest procedure possible to a patient.             
Physicians may begin a surgical procedure expecting a certain                  
outcome, only to discover during the procedure they may need to                
change course to protect the health or life of the patient.  This bill         
restricts a physician from providing the safest and most effective             
treatment.  The bills vague terminology could make a felon of a                
physician trying to provide a patient the best possible care, subjecting       
that doctor to five years in jail, a $50,000 fine, and loss of a               
professional medical license.                                                  
                                                                               
                                                                               
The bill also is unconstitutional because it fails to recognize a              
womans health as a reason to have an abortion.  If a mother in late            
pregnancy discovers her fetus is not viable, because no specific               
medical procedure has been defined by this bill, she may not be                
allowed to choose an abortion even if other options present a grave            
risk to her own health.  The U.S. Supreme Court has ruled that states          
must allow for exceptions to protect the life and health of the mother.        
This bill fails to meet that constitutional test.                              
                                                                               

1997-05-01                     House Journal                      Page 1436
HB 65                                                                        
The bill represents an unwarranted intrusion into the practice of              
medicine and into the constitutionally protected privacy rights of             
Alaskans.  The State Medical Board, composed of doctors and public             
members, is the appropriate entity to establish reasonable, medically-         
based regulations on this and any other medical procedure.  It is              
inappropriate, irresponsible and widely opposed by Alaskans to allow           
the Legislature or any other political entity to dictate medical               
procedures.                                                                    
                                                                               
Alaskans feel strongly about our personal privacy.  In fact, we believe        
in our right to privacy so much that in 1972, we amended our state             
Constitution to provide Alaskans broader constitutional protections to         
individual privacy than are included in the U.S. Constitution. To me,          
this bill infringes on the constitutional right to privacy guaranteed          
every Alaskan by inserting the Legislature in a decision which                 
appropriately belongs to a woman and her doctor.                               
                                                                               
For these reasons, I have vetoed HB 65.                                        
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
SB 24                                                                        
The following letter, dated April 30, 1997, was received:                      
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. II, sec. 15, of the Alaska Constitution, I         
have vetoed the following bill:                                                
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H                              
An Act relating to a requirement that a parent, guardian, or                  
custodian consent before certain minors receive an abortion;                   
establishing a judicial bypass procedure by which a minor may                  
petition a court for authorization to consent to an abortion without           
consent of a parent, guardian, or custodian; amending the                      
definition of 'abortion'; and amending Rules 40 and 79, Alaska                 
Rules of  Civil Procedure;  Rules 204, 210,  212, 213,  508, and               

1997-05-01                     House Journal                      Page 1437
SB 24                                                                        
512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska                
Administrative Rules.                                                          
                                                                               
This bill imposes a new restriction on minors who may need an                  
abortion - the consent of a parent, guardian or court.  This is a new          
restriction on the constitutional protections afforded all Alaskans,           
regardless of their age.  This bill is arbitrary, constitutionally vague       
and unnecessary.  For those reasons alone, it should be vetoed.                
                                                                               
Right now in Alaska, Im advised that 80 percent of the teens who find          
themselves in this predicament already consult with their parents and          
families.  The remaining 20 percent seek and receive the counsel of            
health care professionals - counselors, public health nurses, doctors.         
Instead of focusing on a parental consent process that already takes           
place, Alaskan parents, health care providers and our communities              
need to do a better job of preventing teen pregnancy and reaching out          
to troubled teens.                                                             
                                                                               
In addition to the constitutional problems with this bill, there are more      
personal reasons why I am vetoing it.  Theres little disagreement              
among Alaskans we should encourage our teenagers to look to their              
parents when confronted with difficult circumstances.  I certainly try         
to do that with my own children.  And it would break my heart if my            
teenage daughter found herself in similar circumstances and felt she           
could not come to me or her mother for our counsel.  But I would far           
rather she go to a family friend or relation than be forced to go to a         
court and deal with strangers. This bill does not allow that to happen.        
                                                                               
We must also recognize not all teenagers in Alaska have that option.           
Some teens who may be affected by this bill will be incest or rape             
victims.  Its a sad fact that a 1990 state Department of Education             
survey found one in four young women reported being sexually abused            
or sexually assaulted by the time she turns 18 years old.                      
                                                                               
Furthermore, the bill does not achieve other things its advocates hope         
to accomplish.  They argue the bill would foster better communication          
between teens and their parents.  The legislature cannot accomplish            
this goal by forcing a family which has not been communicating to              
suddenly change.  Advocates also say the bill will help protect the            
health of  young women,  but the  potential delay  the judicial  bypass        

1997-05-01                     House Journal                      Page 1438
SB 24                                                                        
procedure would impose on a teen who may have postponed her                    
decision to turn to the court in the first place could create an additional    
health hazard.                                                                 
                                                                               
In some cases, teens subject to this bills provisions live in remote           
communities where access to and understanding of the court system is           
meager at best.  This bill imposes an unfair burden on these young             
women and could result in them choosing rash or life-threatening               
alternatives - running away, attempting a self-induced abortion, seeking       
back-alley abortions, or even worse - suicide.  Government interference        
in this personal and troubling decision is unwarranted.                        
                                                                               
For these reasons, I have vetoed HCS CSSB 24(FIN) am H.                        
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles	                                                           
							Governor"                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 20                                                                        
A message dated April 30, 1997, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 20(FIN)                                                 
An Act relating to dog mushers' contests.                                     
                                                                               
CSHB 20(FIN) was referred to the Chief Clerk for enrollment.                   
                                                                               
SB 83                                                                        
A message dated April 30, 1997, was read stating the Senate has                
concurred in the House amendments to CSSB 83(FIN) am, thus                     
adopting:                                                                      
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 83(FIN) am H                              
An Act making and amending appropriations; amending an                        
appropriation from the constitutional budget reserve fund under art.           
IX, sec. 17(c), Constitution of the State of Alaska; and providing             
for an effective date.                                                         

1997-05-01                     House Journal                      Page 1439
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
Messages dated April 29 and 30, 1997, were read stating the Senate             
has passed the following, and they are transmitted for consideration:          
                                                                               
SB 103                                                                       
CS FOR SENATE BILL NO. 103(STA) am by the Senate State                         
Affairs Committee, entitled:                                                   
                                                                               
An Act relating to hearings before and fees for the State                     
Commission for Human Rights; and providing for an effective                    
date.                                                                          
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
SB 104                                                                       
CS FOR SENATE BILL NO. 104(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
An Act relating to regulation and examination of insurers and                 
insurance agents; relating to kinds of insurance; relating to                  
payment of insurance taxes and to required insurance reserves;                 
relating to insurance policies; relating to regulation of capital,             
surplus, and investments by insurers; relating to hospital and                 
medical service corporations; relating to the portability and                  
availability of health care insurance; making amendments to the                
insurance statutes to conform to federal requirements regarding                
health insurance; relating to the repeal of certain small employer             
health care insurance provisions; requiring that uninsured and                 
underinsured motor vehicle insurance apply to claims of an insured             
even if other policy limits are not exhausted; repealing delayed               
provisions relating to dental, vision, and hearing insurance in secs.          
3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating              
to small employer health care insurance in secs. 4, 7, 9, and 12,              
ch. 39, SLA 1993; repealing the delayed effective date in sec. 5,              
ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and                       
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Finance Committee.                 

1997-05-01                     House Journal                      Page 1440
**The presence of Representative Martin was noted.                             
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Health & Social Services                                              
Division of Medical Assistance                                                 
Annual Report                                                                  
Fiscal Year 1996                                                               
                                                                               
Dept. of Military & Veterans Affairs                                           
Annual Performance Report                                                      
1996                                                                           
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HCR 19                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 19                                            
Relating to the Alaska Council of Deaf, Hard of Hearing, and                  
Deaf/Blind.                                                                    
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  Dyson, Green, Bunde, Porter, Kemplen, Brice                      
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Legislative Affairs Agency, 5/1/97                           
                                                                               
HCR 19 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HJR 2                                                                        
The Judiciary Committee has considered:                                        

1997-05-01                     House Journal                      Page 1441
HJR 2                                                                        
HOUSE JOINT RESOLUTION NO. 2                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to repeal of regulations by the legislature.                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 2(JUD)                                      
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Rokeberg, Porter, James, Bunde, Green                            
                                                                               
No recommendation (2):  Croft, Berkowitz                                       
                                                                               
The following fiscal note applies to CSHJR 2(JUD):                             
                                                                               
Fiscal note, Office of the Governor, 3/7/97                                    
                                                                               
HJR 2 was referred to the Finance Committee.                                   
                                                                               
                                                                               
HB 193                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 193                                                            
An Act relating to financial assistance for students attending                
certain graduate education programs; and providing for an                      
effective date.                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 193(HES)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Green, Bunde, Porter, Brice                                      

1997-05-01                     House Journal                      Page 1442
HB 193                                                                       
No recommendation (2):  Dyson, Kemplen                                         
                                                                               
The following fiscal note applies to CSHB 193(HES):                            
                                                                               
Fiscal note, Dept. of Education, 5/1/97                                        
                                                                               
HB 193 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 217                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 217                                                            
An Act relating to certified nurse aides; and providing for an                
effective date.                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 217(FIN)                                                
	(same title)                                                                  
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (4):  Grussendorf, Martin, Davies, Davis                               
                                                                               
No recommendation (2):  Therriault, Mulder                                     
                                                                               
The following fiscal notes apply to CSHB 217(FIN):                             
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 5/1/97                  
Zero fiscal note, Dept. of Health & Social Services, 4/17/97                   
                                                                               
HB 217 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               

1997-05-01                     House Journal                      Page 1443
HB 256                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 256                                                            
An Act relating to regulation of postsecondary educational                    
institutions; and providing for an effective date.                             
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Dyson, Green, Bunde, Porter                                      
                                                                               
No recommendation (1):  Kemplen                                                
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Education, 5/1/97                                        
                                                                               
HB 256 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
**The presence of Representative James was noted.                              
                                                                               
                                                                               
SB 29                                                                        
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 29(FIN)                                                
An Act relating to certain programs of state aid to municipalities            
and recipients in the unorganized borough; and providing for an                
effective date.                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 29(FIN)                                   
(same title)                                                                  
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               

1997-05-01                     House Journal                      Page 1444
SB 29                                                                        
Do pass (5):  Mulder, Martin, Davies, Grussendorf, Davis                       
                                                                               
No recommendation (2):  Therriault, Kelly                                      
                                                                               
The following fiscal note applies to HCS CSSB 29(FIN):                         
                                                                               
Senate fiscal note, Senate Finance Committee, 2/6/97                           
                                                                               
CSSB 29(FIN) was referred to the Rules Committee for placement on              
the calendar.                                                                  
                                                                               
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HR 8                                                                         
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE RESOLUTION NO. 8                                                        
Relating to Cook Inlet fisheries enhancement projects on                      
Tustumena Lake on the Kenai National Wildlife Refuge.                          
                                                                               
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (1):  Hodgins                                                          
                                                                               
Do not pass (1):  Ogan                                                         
                                                                               
No recommendation (2):  Austerman, Ivan                                        
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Special Committee on Fisheries, 5/1/97                 
                                                                               
HR 8 was referred to the Rules Committee for placement on the                  
calendar.                                                                      
                                                                               

1997-05-01                     House Journal                      Page 1445
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Marilyn Kipi Asicksik                                               
By Representative Foster                                                       
                                                                               
Honoring - Edwin Gonion, Alaska Superintendent of the Year                     
By Representative Foster                                                       
                                                                               
Honoring - International Symposium on Mining                                   
By Senator Wilken                                                              
                                                                               
Honoring - Gene and Connie Uotila, 1997-98 King and Queen                      
Regents, Igloo #4 and Auxiliary #8, Pioneers of Alaska                         
By Senators Sharp, Wilken, Miller; Representative Kelly                        
                                                                               
In Memoriam - Robert Bob Crowder                                               
By Senator Taylor; Representative Williams                                     
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 269                                                                       
HOUSE BILL NO. 269 by Representative Vezey, entitled:                          
                                                                               
An Act relating to permits to carry concealed handguns; and                   
relating to the possession of firearms.                                        
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 128                                                                       
The following was read the second time:                                        

1997-05-01                     House Journal                      Page 1446
HB 128                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128                                     
An Act relating to water quality; directing the Department of                 
Environmental Conservation to conduct water quality research;                  
establishing the Water Science Oversight Board; and providing for              
an effective date.                                                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  7DP                                                      894         
	FISCAL NOTE (LAW)                                                 895         
	FIN RPT  CS(FIN) 6DP 2NR                                         1036         
	FISCAL NOTE (H.FIN/DEC)                                          1037         
	FISCAL NOTE (LAW) 4/1/97                                         1037         
	                                                                              
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
128(FIN)                                                                       
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 3, lines 10 - 17:                                                         
	Delete all material and insert:                                               
	"(b)  A member of the board who is not a public employee, or                 
who is a public employee but whose time spent performing board                 
activities is not covered by compensation as a public employee, is             
entitled to compensation from the board at a rate of $300 for each             
full work day the member is engaged in the actual performance of               
duties as a board member;  the board may provide by rule for                   
compensation for partial work days spent by these board members                
on board duties.  A member of the board who is not a public                    
employee, or who is a public employee but whose per diem and                   
travel expenses for board activities are not otherwise covered by              
a public employer, is entitled to per diem and travel expenses from            
the board as authorized under AS 39.20.180."                                   
                                                                               

1997-05-01                     House Journal                      Page 1447
HB 128                                                                       
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSSSHB 128(FIN) am be considered engrossed, advanced to third                  
reading and placed on final passage.                                           
                                                                               
Representative Hanley objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
CSSSHB 128(FIN) am was read the third time.                                    
                                                                               
The question being:  "Shall CSSSHB 128(FIN) am pass the House?"                
The roll was taken with the following result:                                  
                                                                               
CSSSHB 128(FIN) am                                                             
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  2   EXCUSED:  1   ABSENT:  5                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis,               
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses,            
Nicholia, Ogan, Phillips, Porter, Ryan, Sanders, Vezey, Williams               
                                                                               
Nays:  Cowdery, Rokeberg                                                       
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  James, Kelly, Martin, Mulder, Therriault                              
                                                                               
And so, CSSSHB 128(FIN) 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.           
                                                                               
CSSSHB 128(FIN) am was referred to the Chief Clerk for                         
engrossment.                                                                   

1997-05-01                     House Journal                      Page 1448
**The presence of Representative Therriault was noted.                         
                                                                               
                                                                               
HB 137                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 137                                                            
An Act relating to veterinarians; extending the termination date              
of the Board of Veterinary Examiners; and providing for an                     
effective date.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) 3DP 4NR                                         1037         
	ZERO FISCAL NOTE (DCED)                                          1037         
                                                                               
                                                                               
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. 137(L&C)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSHB137(L&C) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 137(L&C) was read the third time.                                         
                                                                               
                                                                               
The question being:  "Shall CSHB 137(L&C) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 137(L&C)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  4                              
                                                                               

1997-05-01                     House Journal                      Page 1449
HB 137                                                                       
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis,              
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek,            
Moses, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,        
Vezey, Williams                                                                
                                                                               
Nays:  Ogan                                                                    
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Davies, Kelly, Martin, Mulder                                         
                                                                               
And so, CSHB 137(L&C) 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 137(L&C) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
HB 140                                                                       
The Speaker stated that, without objection, the following would be             
returned to the House Rules Committee:                                         
                                                                               
HOUSE BILL NO. 140                                                            
An Act relating to the Board of Public Accountancy; extending                 
the termination date of the Board of Public Accountancy; and                   
providing for an effective date.                                               
                                                                               
                                                                               
HB 246                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 246                                                            
An Act naming the George W. Palmer Memorial Bridge.                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  6DP                                                     1320         
	ZERO FISCAL NOTE (DOT)                                           1320         

1997-05-01                     House Journal                      Page 1450
HB 246                                                                       
Representative Porter moved and asked unanimous consent that                   
HB246 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB 246 was read the third time.                                                
                                                                               
The question being:  Shall HB 246 pass the House?  The roll was                
taken with the following result:                                               
                                                                               
HB 246                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  1   ABSENT:  2                              
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis,                 
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,            
Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg,              
Ryan, Sanders, Therriault, Vezey, Williams                                     
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Austerman, Mulder                                                     
                                                                               
Ogan changed from "Nay" to "Yea".                                              
Kott changed from "Nay" to "Yea".                                              
                                                                               
And so, HB 246 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 1                                                                         
The following, which was advanced to third reading from the April 30,          
1997, calendar (page 1418), was read the third time:                           
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 1(JUD)                                    
An Act relating to living and working conditions of prisoners in              
correctional facilities operated by the state, and authorizing the             
commissioner  of  corrections  to  negotiate  with  providers  of              

1997-05-01                     House Journal                      Page 1451
SB 1                                                                         
detention and confinement services under contract to apply those              
conditions and limitations on services to persons held under                   
authority of state law at facilities operated under contract or                
agreement; relating to services provided to prisoners; amending the            
definition of 'severely medically disabled' applicable to prisoners            
seeking special medical parole; amending provisions of the                     
correctional industries program; and extending the termination date            
of the Correctional Industries Commission and the program.                     
                                                                               
                                                                               
**The presence of Representative Mulder was noted.                             
                                                                               
The question being:  "Shall HCS CSSB 1(JUD) pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
HCS CSSB 1(JUD)                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  4   EXCUSED:  1   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
James, Joule, Kelly, Kemplen, Kohring, Martin, Masek, Moses,                   
Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                
                                                                               
Nays:  Ivan, Kookesh, Kubina, Nicholia                                         
                                                                               
Excused:  Barnes                                                               
                                                                               
Absent:  Davis, Kott                                                           
                                                                               
And so, HCS CSSB 1(JUD) passed the House and was referred to the               
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 35                                                                       
The following was read the second time:                                        
                                                                               

1997-05-01                     House Journal                      Page 1452
HJR 35                                                                       
HOUSE JOINT RESOLUTION NO. 35                                                 
Encouraging federal legislation to improve federal fiscal terms for           
a trans-Alaska gas pipeline.                                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  6DP 2NR                                                 1112         
	ZERO FISCAL NOTE (H.RES)                                         1112         
                                                                               
Representative Porter moved and asked unanimous consent that                   
HJR35 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HJR 35 was read the third time.                                                
                                                                               
The question being:  "Shall HJR 35 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HJR 35                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins,              
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott,            
Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips,                
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
Excused:  Barnes                                                               
                                                                               
And so, HJR 35 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 16                                                                       
The following, which had been held to today's calendar (page1424),             
was read the second time:                                                      
                                                                               

1997-05-01                     House Journal                      Page 1453
SJR 16                                                                       
CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am                                 
Relating to reauthorization and reform of the Endangered Species              
Act.                                                                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  8DP                                                     1011         
	SENATE ZERO  FISCAL NOTE (S.RES) 3/11/97                         1011         
	                                                                              
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 2, line 31, following "recover":                                          
Delete ","                                                                    
Insert "and"                                                                  
                                                                               
Page 2, line 31, following "implementation":                                   
Delete ", and the public interest"                                            
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The Speaker stated that CSSJR 16(RES) am would be held in second               
reading, with pending Amendment No. 1, to tomorrow's calendar.                 
                                                                               
                                                                               
                            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 - Hydaburg Warriors Basketball Team                                   
By Representatives Kookesh, Berkowitz, Brice, Croft, Davies, Davis,            
Elton, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina,          
Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Vezey, Williams;            
Senator Mackie                                                                 
                                                                               

1997-05-01                     House Journal                      Page 1454
Honoring - Hoonah Braves Women's Basketball Team                               
By Representatives Kookesh, Berkowitz, Brice, Croft, Davies, Davis,            
Elton, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina,          
Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Vezey, Williams;            
Senator Mackie                                                                 
                                                                               
Honoring - The United States Air Force on its 50th Anniversary in              
Alaska                                                                         
By Representatives Martin, Mulder, Barnes, Phillips, Austerman,                
Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster,           
Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring,              
Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan,                   
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Honoring - Tilman Franks and Johnny Horton, Authors and Performers             
of "North to Alaska" and "When it's Springtime in Alaska"                      
By Senator Torgerson; Representatives Phillips, Berkowitz, Brice,              
Bunde, Croft, Davies, Davis, Grussendorf, James, Joule, Kemplen,               
Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Vezey, Williams                                       
                                                                               
In Memoriam - Wayne Kotula                                                     
By Representatives Austerman, Phillips, Berkowitz, Croft, Davies,              
Elton, Foster, Grussendorf, Ivan, James, Joule, Kott, Kubina, Mulder,          
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams; Senator Mackie                                                       
                                                                               
In Memoriam - David P. Harville                                                
By Representatives Austerman, Phillips, Berkowitz, Croft, Davies,              
Elton, Foster, Grussendorf, James, Joule, Kott, Kubina, Mulder,                
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Porter moved and asked unanimous consent that the               
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Kookesh - from 6:45 a.m., plane time, May 6 to                  
1:30p.m., plane time, May 7, 1997                                              

1997-05-01                     House Journal                      Page 1455
SB 187                                                                       
Representative Bunde, Chair, moved and asked unanimous consent that            
the referral to the Health, Education & Social Services Committee be           
waived for the following:                                                      
                                                                               
SENATE BILL NO. 187                                                           
An Act relating to disclosure of public records identifying a                 
participant in the advance college tuition payment program;                    
relating to the composition and assets of the Alaska advance                   
college tuition payment fund; relating to administration of the                
advance college tuition payment program; relating to advance                   
college tuition payment contracts; and providing for an effective              
date.                                                                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Bunde moved and asked unanimous consent to                      
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
SB 187 is in the Health, Education & Social Services Committee.                
                                                                               
                                                                               
HCR 18                                                                       
Representative James added her name as cosponsor to:                           
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 18                                            
Declaring 1997 to be observed as the 80th Anniversary of the                  
University of Alaska Fairbanks and recognizing the vital role                  
played by the University of Alaska Fairbanks.                                  
                                                                               
                                                                               
HB 128                                                                       
Representatives Croft and James added their names as cosponsors to:            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
128(FIN) am                                                                    
An Act relating to water quality; directing the Department of                 
Environmental Conservation to conduct water quality research;                  
establishing the Water Science Oversight Board; and providing for              
an effective date.                                                             
                                                                              
                                                                               

1997-05-01                     House Journal                      Page 1456
HB 246                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 246                                                            
An Act naming the George W. Palmer Memorial Bridge.                           
                                                                               
                                                                               
SB 1                                                                         
Representative Ogan added his name as cross sponsor to:                        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 1(JUD)                                    
An Act relating to living and working conditions of prisoners in              
correctional facilities operated by the state, and authorizing the             
commissioner of corrections to negotiate with providers of                     
detention and confinement services under contract to apply those               
conditions and limitations on services to persons held under                   
authority of state law at facilities operated under contract or                
agreement; relating to services provided to prisoners; amending the            
definition of 'severely medically disabled' applicable to prisoners            
seeking special medical parole; amending provisions of the                     
correctional industries program; and extending the termination date            
of the Correctional Industries Commission and the program.                     
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 35                                                                       
HJR 35 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 128                                                                       
CSSSHB 128(FIN) am was engrossed, signed by the Speaker and                    
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
HB 137                                                                       
CSHB 137(L&C) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 146                                                                       
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:                                   

1997-05-01                     House Journal                      Page 1457
HB 146                                                                       
CS FOR HOUSE BILL NO. 146(FIN)                                                
An Act relating to competency testing requirements for secondary              
students; and providing for an effective date.                                 
                                                                               
HB 246                                                                       
HB 246 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
SB 1                                                                         
HCS CSSB 1(JUD) 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.            
                                                                               
Minority Caucus                                         upon adj., 5/1         
                                                                               
Joint Session                                                                  
Governor's vetoes                                      11:15 a.m., 5/2         
                                                                               
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Labor & Commerce Committee                                                     
5/1 meeting SCHEDULED FOR:                              4:00 p.m., 5/1         
HB 218, HB 266                                                                 
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., May 2, 1997.  There being no                   
objection, the House adjourned at 11:31 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk