Legislature(1997 - 1998)

1998-01-20 House Journal

Full Journal pdf

1998-01-20                     House Journal                      Page 2083
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                      Tuesday           January 20, 1998         
                                                                               
                                  Ninth Day                                  
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:06 a.m.                                                         
                                                                               
                                                                               
Roll call showed 37 members present.  Representative Masek had been            
previously excused from a call of the House today.  Representative             
Nicholia was excused due to illness.  Representative Moses was absent.         
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Larry Rorem               
of the Shepherd of the Valley Lutheran Church.  Representative Green           
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"In these early stages of the legislative journey on behalf of                
the people of Alaska, we ask Your blessing on these leaders                    
and the decisions they will be making.  In the decision making                 
that lies ahead, may compassion and understanding be found                     
in the legislative process.                                                    
                                                                               
In the midst of visions, priorities, and purposes held by this                
body for our state are the realities of its people that do not                 
always fit our visions.  For all the many success stories of                   
business, industry and people are the often untold stories of                  
heartache and pain.                                                            
                                                                               
On the streets of our cities and towns are people on the                      
margins  of  society  who  must  not  be  forgotten.  They too                 
represent Alaska.  Homelessness, related to all kinds of                      

1998-01-20                     House Journal                      Page 2084
realities from mental illness to loss of employment, affects a                 
significant number of our people.  Help us not to forget that                  
such are the people You ask us to care for.                                    
                                                                               
Be with all who are gathered here that they might struggle                    
with issues in a way that reflects the importance of each and                  
every person who calls Alaska home.  In Your Holy Name,                        
Amen."                                                                         
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Ogan.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the fifth, sixth, seventh and eighth legislative days be           
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Commerce & Economic Development                                      
Division of Banking, Securities and Corporations                              
Annual Examination and Evaluation of the Alaska                               
Commercial Fishing and Agriculture Bank                                       
(as required by AS 44.81.270(c))                                              
                                                                               
Office of the Ombudsman                                                       
Annual Report 1996-97                                                         
http://www.state.ak.us/local/akpages/LEGISLATURE/                             
ombud/ombud.htm                                                               
(as required by AS 24.55.230)                                                 
                                                                               
Office of the Governor                                                        
Office of Equal Employment Opportunity                                        
Workforce Underutilization Report                                             
January 15, 1998                                                              
(as required by AS 44.19.451)                                                 

1998-01-20                     House Journal                      Page 2085
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 2                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 2                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to repeal of regulations by the legislature.                          
                                                                               
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4): Therriault, Hanley, Kohring, Foster                               
                                                                               
Do not pass (1): Davies                                                        
                                                                               
No recommendation (4):  Davis, Martin, Grussendorf, Kelly                      
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Office of the Governor, 1/20/98                                   
                                                                               
HJR 2 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 178                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 178                                                            
"An Act relating to letters of credit under the Uniform Commercial            
Code; and providing for an effective date."                                    
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (1):  Rokeberg                                                         
                                                                               
No recommendation (4):  Cowdery, Brice, Ryan, Kubina                           
                                                                               

1998-01-20                     House Journal                      Page 2086
HB 178                                                                       
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
1/20/98                                                                        
                                                                               
HB 178 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 264                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 264                                                            
"An Act providing for a negotiated regulation making process; and             
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 264(STA)                                                
"An Act relating to negotiated regulation making; and providing               
for an effective date."                                                        
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Hodgins, Dyson                                            
                                                                               
Do not pass (1):  Vezey                                                        
                                                                               
No recommendation (2):  Elton, Ivan                                            
                                                                               
Amend (1): Berkowitz                                                           
                                                                               
The following fiscal notes apply to CSHB 264(STA):                             
                                                                               
Indeterminate fiscal note, Dept. of Law, 1/20/98                               
Indeterminate fiscal note, Dept. of Revenue, 1/20/98                           
Indeterminate fiscal note, Office of the Governor/All Depts., 1/20/98          
                                                                               
HB 264 was referred to the Finance Committee.                                  

1998-01-20                     House Journal                      Page 2087
HB 309                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 309                                                            
"An Act naming the Robert B. Atwood Building."                                
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  James, Elton, Berkowitz, Hodgins, Dyson, Vezey, Ivan             
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Legislative Affairs Agency, 1/20/98                          
Zero fiscal note, Office of the Governor, 1/20/98                              
                                                                               
HB 309 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Charles Sandberg, 1997 Realtor of the Year                          
By Representative Rokeberg                                                     
                                                                               
Honoring - Betty and Gerald Gugel on Their 50th Wedding                        
Anniversary                                                                    
By Representative Phillips                                                     
                                                                               
Honoring - Alaskan Educator Sharon Meacham, 1997 Distinguished                 
Principal                                                                      
By Senator Ellis; Representative Kemplen                                       
                                                                               
Honoring - Maria Elena Ball on the Twenty-Sixth Anniversary of                 
Mexico in Alaska                                                               
By Senator Ellis                                                               
                                                                               
                                                                               

1998-01-20                     House Journal                      Page 2088
Honoring -   USCG Cutter Healy (WAGB-20)                                       
By Senator Ellis                                                               
                                                                               
In Memoriam - Bertha K. Kvasnikoff                                             
By Representative Phillips                                                     
                                                                               
In Memoriam - Ordeen "Jolly" Jallen                                            
By Representatives Rokeberg, Masek; Senator Green                              
                                                                               
In Memoriam - Donna L. Kowalski                                                
By Senator Torgerson                                                           
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 25                                                                       
HOUSE CONCURRENT RESOLUTION NO. 25 by Representative                           
Dyson:                                                                         
                                                                               
Relating to Step Family Day.                                                  
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
HJR 49                                                                       
HOUSE JOINT RESOLUTION NO. 49 by Representatives Williams                      
and Austerman:                                                                 
                                                                               
Relating to opposition to a moratorium on the building of roads in            
the roadless areas of national forests.                                        
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 293                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 293 by                                   
Representative Porter, entitled:                                               

1998-01-20                     House Journal                      Page 2089
HB 293                                                                       
"An Act relating to collection of settlement information in civil             
litigation; and providing for an effective date."                              
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
HB 331                                                                       
HOUSE BILL NO. 331 by Representative Mulder, entitled:                         
                                                                               
"An Act relating to licensure of landscape architects; relating to            
exemptions from laws regulating the practice of architecture,                  
engineering, and land surveying; and relating to fees collected by             
the Board of Registration for Architects, Engineers, and Land                  
Surveyors."                                                                    
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                                                                               
HB 332                                                                       
HOUSE BILL NO. 332 by Representative James, entitled:                          
                                                                               
"An Act relating to adoptive placements by the Department of                  
Health and Social Services."                                                   
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
                                                                               
HB 333                                                                       
HOUSE BILL NO. 333 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to the crime of endangering the welfare of a                 
minor."                                                                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                                                                               

1998-01-20                     House Journal                      Page 2090
HB 334                                                                       
HOUSE BILL NO. 334 by Representatives Kelly, Therriault, James,                
Porter, Phillips, Vezey, Foster, Davies, Kubina and Brice, entitled:           
                                                                               
"An Act relating to wavier of tuition and fees for certain family             
members of a police officer killed in the line of duty; and                    
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
HB 335                                                                       
HOUSE BILL NO. 335 by the House Health, Education & Social                     
Services Committee, entitled:                                                  
                                                                               
"An Act replacing the Uniform Child Custody Jurisdiction Act                  
with the Uniform Child Custody Jurisdiction and Enforcement Act;               
and amending Rules 4 and 62, Alaska Rules of Civil Procedure,                  
and Rule 205, Alaska Rules of Appellate Procedure."                            
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                                                                               
HB 336                                                                       
HOUSE BILL NO. 336 by Representative Kubina, entitled:                         
                                                                               
"An Act relating to eligibility for power cost equalization."                 
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, Judiciary and Finance Committees.                                     
                                                                               
                                                                               
HB 337                                                                       
HOUSE BILL NO. 337 by Representative Kubina, entitled:                         
                                                                               
"An Act making a special appropriation for the Power Creek                    
hydroelectric facility; and providing for an effective date."                  
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                

1998-01-20                     House Journal                      Page 2091
                     CONSIDERATION OF THE DAILY 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 - Linny Pacillo and Susan Pacillo, A.K.A. "The Parking                
Fairies"                                                                       
By Representatives Dyson, Berkowitz, Brice, Croft, Davis,                      
Grussendorf, Hodgins, Ivan, James, Kelly, Kemplen, Kott, Kubina,               
Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams           
                                                                               
                                                                               
In Memoriam - Alma Jenny                                                       
By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft,             
Davies, Davis, Dyson, Elton, Foster, Ivan, James, Joule, Kelly,                
Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams                                           
                                                                               
                                                                               
In Memoriam - Terence Jay Nikodym                                              
By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft,             
Davies, Davis, Dyson, Elton, Foster, Ivan, James, Joule, Kelly,                
Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams                                           
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Porter moved and asked unanimous consent that the               
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Cowdery - from 1:00 p.m., plane time, April 9 to                
9:30a.m., plane time, April 13, 1998                                           
                                                                               
Representative Dyson - from 1:40 p.m., plane time, January 21 to               
9:30a.m, plane time, January 26, 1998                                          
                                                                               

1998-01-20                     House Journal                      Page 2092
Representative Elton - from 2:59 p.m., plane time, February 12 to              
5:50p.m., plane time, February 16, 1998                                        
                                                                               
Representative Ogan - from 6:25 a.m., plane time, January 29 to                
9:15p.m., ferry time, February 1, 1998                                         
                                                                               
Representative Joule - from 1:40 p.m., plane time, January 21 to               
9:39a.m., plane time, January 26, 1998 (amended from page 2047)                
                                                                               
HJR 2                                                                        
Representatives Kelly, Foster and Phillips added their names as                
cosponsors to:                                                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 2                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to repeal of regulations by the legislature.                          
                                                                               
HJR 47                                                                       
Representatives Green, Rokeberg and Ryan added their names as                  
cosponsors to:                                                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 47                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to the nomination, selection, appointment, and public                 
approval or rejection of justices of the supreme court and of judges           
of courts established by the legislature that have as an exclusive             
purpose the exercise of appellate jurisdiction over judicial acts and          
proceedings, and requiring legislative confirmation of those                   
justices and judges and of the appointed members of the judicial               
council.                                                                       
                                                                               
HB 309                                                                       
Representatives Rokeberg and Berkowitz added their names as                    
cosponsors to:                                                                 
                                                                               
HOUSE BILL NO. 309                                                            
"An Act naming the Robert B. Atwood Building."                                
                                                                               
                                                                               

1998-01-20                     House Journal                      Page 2093
HB 75                                                                        
Joint action was not taken on the following bill and the engrossed and         
enrolled copies were returned to the Office of the Governor for                
permanent filing:                                                              
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 75                                           
"An Act making appropriations for the operating and loan program              
expenses of state government, for certain programs, and to                     
capitalize funds; making appropriations under art. IX, sec. 17(c),             
Constitution of the State of Alaska, from the constitutional budget            
reserve fund; and providing for an effective date."                            
                                                                               
                                                                               
HB 76                                                                        
Joint action was not taken on the following bill and the engrossed and         
enrolled copies were returned to the Office of the Governor for                
permanent filing:                                                              
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 76                                           
"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."                                 
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate                   
cover.                                                                         
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Rules Committee                                                                
5:00 p.m., 1/20 meeting CANCELED                                               
                                                                               
                                                                               
Majority Caucus                Speaker's Chamber       3:00 p.m., 1/20         
                                                                               
                                                                               
Minority Caucus                                        3:00 p.m., 1/20         
                                                                               
                                                                               

1998-01-20                     House Journal                      Page 2094
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., January 21, 1998.  There being no              
objection, the House adjourned at 11:31 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk