Legislature(1997 - 1998)

1998-01-28 House Journal

Full Journal pdf

1998-01-28                     House Journal                      Page 2147
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday          January 28, 1998         
                                                                               
                               Seventeenth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:06 a.m.                                                         
                                                                               
                                                                               
Roll call showed 38 members present.  Representative Vezey had been            
previously excused from a call of the House today.  Representative             
Kott was absent and his presence was noted later.                              
                                                                               
The invocation was offered by the Chaplain, Reverend Ellen Younker             
of the Aldersgate United Methodist Church.  Representative Hudson              
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"Grandfather, Great Spirit, You have always been, and before                  
You nothing has been.  There is no one to pray to but You.                     
The Star nations all over the heavens are Yours, and Yours                     
are the grasses of the earth.  Even our nation and state are                   
Yours. You are older than all need, older than all pain and                    
prayer, older than all strife and unity.                                       
                                                                               
Grandfather, Great Spirit, all over the world the faces of living             
ones are alike, but sometimes we forget.  Look upon Your                       
children, with children in their arms, that they may face the                  
winds and walk the good road to the day of quiet.  Help us to                  
remember the smallest, the broken, those left behind, the                      
forgotten.                                                                     
                                                                               
Grandfather, Great Spirit, fill us with the light.  Give us the               
strength to understand and eyes to see. Teach us to walk the                   
soft earth as relatives to all that live.  Help us count each tree             

1998-01-28                     House Journal                      Page 2148
and fish as a gift from You, each rock and drop of water as a                 
sign of Your presence, each snowflake and fresh flower as an                   
act of Your love.                                                              
                                                                               
Help us, for without You we are nothing.  Amen."                              
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Croft.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 15th and 16th legislative days and House Supplement            
No. 10 be approved as certified by the Chief Clerk.  There being no            
objection, it was so ordered.                                                  
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 27, 1998, was read stating the Senate has              
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 214                                                                       
CS FOR SENATE BILL NO. 214(STA) by the Senate State Affairs                    
Committee, entitled:                                                           
                                                                               
"An Act relating to the possession of a concealed deadly weapon               
by peace officers and by chief administrative officers of municipal            
police departments; relating to the definition of police officer; and          
providing for an effective date."                                              
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               

1998-01-28                     House Journal                      Page 2149
                                COMMUNICATIONS                               
                                                                               
A letter dated December 3, 1997, was received from Warren W.                   
Matthews, Chief Justice of the Alaska Supreme Court, stating that he           
has selected the following individuals to serve full terms on the Select       
Committee on Legislative Ethics:                                               
                                                                               
Ed Granger (reappointed)                                                      
                                                                               
Dennis E. Cook                                                                
                                                                               
The Speaker referred the appointments to the State Affairs Committee.          
                                                                               
                                                                               
The following reports were received:                                           
                                                                               
Dept. of Revenue                                                              
                                                                               
Treasury Division                                                            
Alaska Marine Highway Investment Income                                      
(as required by AS 37.05.550)                                                
                                                                               
Alaska Science and Technology Foundation                                     
1997 Annual Report                                                           
www.astf.org                                                                 
(as required by AS 37.17.090)                                                
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 309                                                                       
The Rules Committee has considered:                                            
                                                                               
HOUSE BILL NO. 309                                                            
"An Act naming the Robert B. Atwood Building."                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 309(RLS)                                                
(same title)                                                                  

1998-01-28                     House Journal                      Page 2150
HB 309                                                                       
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Kott, Phillips, Porter, Williams, Nicholia                       
                                                                               
The following fiscal notes apply to CSHB 309(RLS):                             
                                                                               
Zero fiscal note, Legislative Affairs Agency, 1/20/98                          
Zero fiscal note, Dept. of Administration, 1/20/98                             
                                                                               
HB 309 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 334                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 334                                                            
"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."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 334(FIN)                                                
"An Act relating to waiver of tuition and fees for certain family             
members of a police officer, a village public safety officer, or a             
fire fighter killed in the line of duty; and providing for an effective        
date."                                                                         
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (10):  Therriault, Mulder, Martin, Kohring, Davies,                    
Grussendorf, Moses, Davis, Kelly, Foster                                       
                                                                               
                                                                               
The following fiscal note applies to CSHB 334(FIN):                            
                                                                               
Fiscal note, University of Alaska, 1/28/98                                     

1998-01-28                     House Journal                      Page 2151
HB 334                                                                       
HB 334 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 117                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
SENATE BILL NO. 117                                                           
"An Act relating to an infant care curriculum in the public school            
system."                                                                       
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Dyson, Green, Brice                                              
                                                                               
No recommendation (2):  Bunde, Kemplen                                         
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Education, 1/28/98                                  
                                                                               
                                                                               
SB 117 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 - Black History Month                                                 
By Senator Ward                                                                
                                                                               
Honoring - Ken Lancaster, Soldotna Chamber of Commerce, 1998                   
Citizen of the Year                                                            
By Senator Torgerson                                                           

1998-01-28                     House Journal                      Page 2152
In Memoriam - Antone "Tony" Herman                                             
By Representative Grussendorf                                                  
                                                                               
                                                                               
In Memoriam - Raymond Kent                                                     
By Representative Brice                                                        
                                                                               
                                                                               
In Memoriam - Channie Mae Robinson                                             
By Representative Brice                                                        
                                                                               
                                                                               
In Memoriam - Robert Boyd                                                      
By Representative Kemplen; Senator Ellis                                       
                                                                               
                                                                               
In Memoriam - Clarence E. "Chick" LeDoux, Jr.                                  
By Senators Halford, Phillips; Representative Dyson                            
                                                                               
                                                                               
In Memoriam - Bertha A. Moore                                                  
By Senator Torgerson                                                           
                                                                               
                                                                               
In Memoriam - Darlene J. Reed                                                  
By Senator Green; Representative Ogan                                          
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 53                                                                       
HOUSE JOINT RESOLUTION NO. 53 by Representatives Kelly,                        
Brice, Davies, Therriault, Croft, Bunde and James:                             
                                                                               
Relating to support for federal legislation providing for the                 
continuation of the University of Alaska by the conveyance of                  
federal land to the university.                                                
                                                                               
was read the first time and referred to the Finance Committee.                 

1998-01-28                     House Journal                      Page 2153
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 358                                                                       
HOUSE BILL NO. 358 by Representative Kelly, entitled:                          
                                                                               
"An Act relating to impoundment or forfeiture of a motor vehicle,             
aircraft, or watercraft; and providing for an effective date."                 
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
HB 359                                                                       
HOUSE BILL NO. 359 by Representative Ryan, entitled:                           
                                                                               
"An Act relating to regulation of health insurance plans; and                 
providing for an effective date."                                              
                                                                               
was read the first time and referred to the State Affairs and Labor &          
Commerce Committees.                                                           
                                                                               
HB 360                                                                       
HOUSE BILL NO. 360 by Representative Ryan, entitled:                           
                                                                               
"An Act providing for the civil commitment of sexually violent                
predators."                                                                    
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
HB 361                                                                       
HOUSE BILL NO. 361 by Representative Masek, entitled:                          
                                                                               
"An Act relating to private maintenance of state highways."                   
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
HB 362                                                                       
HOUSE BILL NO. 362 by the House Special Committee on Military                  
& Veterans' Affairs, entitled:                                                 
                                                                               

1998-01-28                     House Journal                      Page 2154
HB 362                                                                       
"An Act relating to the use of space for military lounges in state-           
owned or state-controlled airports."                                           
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs Committee.               
                                                                               
HB 363                                                                       
HOUSE BILL NO. 363 by Representatives Kemplen and Kohring,                     
entitled:                                                                      
                                                                               
"An Act relating to social security numbers; providing for the                
limitation of use of social security numbers; and making the                   
improper use of a social security number a prohibited unfair trade             
practice."                                                                     
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 364                                                                       
HOUSE BILL NO. 364 by Representative Ivan, entitled:                           
                                                                               
"An Act requiring nonresident hunters to be accompanied when                  
hunting moose; and providing for an effective date."                           
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 365                                                                       
HOUSE BILL NO. 365 by Representative Bunde, entitled:                          
                                                                               
"An Act relating to municipal service areas and providing for voter           
approval of the formation, alteration, or abolishment of certain               
service areas."                                                                
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                
                                                                               
HB 366                                                                       
HOUSE BILL NO. 366 by Representative Dyson, entitled:                          
                                                                               

1998-01-28                     House Journal                      Page 2155
HB 366                                                                       
"An Act relating to child-in-need-of-aid proceedings for a child              
whose family is homeless or poor."                                             
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
HB 367                                                                       
HOUSE BILL NO. 367 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to part-time public school students; and providing           
for an effective date."                                                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
                                                                               
HB 368                                                                       
HOUSE BILL NO. 368 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act giving notice of and approving the entry into, and the                
issuance of certificates of participation in, lease-purchase                   
agreements for the first phase of the upgrade, expansion, and                  
replacement of correctional facilities; and providing for an                   
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Corrections, 1/28/98                                     
Fiscal note, Dept. of Revenue, 1/28/98                                         
Zero fiscal note, Dept. of Administration, 1/28/98                             
                                                                               
                                                                               
The Governor's transmittal letter dated January 26, 1998, appears              
below:                                                                         
                                                                               

1998-01-28                     House Journal                      Page 2156
HB 368                                                                       
"Dear Speaker Phillips:                                                        
                                                                               
Virtually all of Alaska's jails and prisons are operating beyond the           
capacity for which they were designed.  This overcrowding constitutes          
an increasing threat to public safety that requires immediate action.  As      
the first phase of a comprehensive regional plan to address the                
problem, I am transmitting this bill to upgrade, expand or replace three       
correctional facilities located in Anchorage, Bethel, and Sutton.              
                                                                               
The expansion and replacement of these three facilities would add              
about 669 beds to the statewide prison and jail system at a total              
construction cost of about $88.5 million. This bill authorizes funding         
the projects through tax-exempt lease/purchase financing agreements            
with the communities where the facilities are located.  This method of         
funding reflects the government-to-government partnerships essential           
to the success of an institution that is operated by the state within a        
community.                                                                     
                                                                               
The state-run Sixth Avenue jail for misdemeanants in Anchorage has             
a current capacity of only 104 inmates, but routinely houses as many           
as 150.  The proposed replacement facility would open in 2002 and              
house approximately 400.  New construction costs are estimated at $67          
million and additional annual operating expenses over current operating        
expenses are estimated at approximately $9 million.  A municipal site-         
selection process involving the public will determine the location of          
the new correctional facility.  The State of Alaska and the Municipality       
of Anchorage have long recognized the need to replace this 35-year-            
old facility, which is simply worn out and unable to provide adequate          
public protection.                                                             
                                                                               
Bethel's jail, the Yukon-Kuskokwim Correctional Center (YKCC), was             
built for 88 inmates and routinely houses nearly 130.  Even at that,           
many Bethel inmates are currently sent to other facilities because of          
the overcrowding at YKCC.  This bill authorizes the financing to               
expand YKCC by 48 beds.  The costs of construction, which should               
be completed by 2001, are estimated at $5 million, while the annual            
operating costs will be $1 million.                                            
                                                                               
Of all the state's correctional facilities, YKCC's overcrowding has            
continued unabated for the longest period of time.  Bethel is a regional       

1998-01-28                     House Journal                      Page 2157
HB 368                                                                       
hub and prisoners from throughout the Yukon-Kuskokwim Delta are                
housed at YKCC.  The correctional facility routinely places                    
unsentenced misdemeanants in halfway houses and transfers sentenced            
felons to other correctional facilities as soon as possible; nonetheless,      
dangerous levels of overcrowding continue to exist at YKCC.                    
                                                                               
The third project this bill authorizes is the upgrade and expansion of         
the Palmer Correctional Center located in Sutton.  The current 340-bed         
facility was built with future expansion in mind and has an                    
infrastructure designed to handle the needs of up to 600 inmates. This         
bill proposes financing of $16.5 million for two projects at the facility:     
upgrading the security level of the entire facility to medium security         
and adding 221 new beds to the facility.  This equates to                      
approximately $75,000 per additional prison bed, which is considerably         
lower than the cost would be to construct a new facility.  The                 
estimated additional annual operating expense for the expansion is $4.1        
million.                                                                       
                                                                               
Unfortunately, hundreds more prison and jail beds are needed in                
Alaska as the increasing population trends show no sign of abating.            
At the current pace, by 1999, our inmate population will require as            
many as 700 more beds than are available.  In addition to replacing the        
Sixth Avenue jail and expanding YKCC and the Palmer Correctional               
Center, the state must also expand the Wildwood Correctional Center            
in Kenai, the Mat-Su Pretrial facility in Palmer, the Fairbanks                
Correctional Center, and the Lemon Creek Correctional Center in                
Juneau.  These needs will be addressed in future legislation.                  
                                                                               
However, we cannot simply build our way out of this problem.  The              
other two facets of this overall plan rely on reducing the number of           
low-risk offenders who enter the states correctional facilities and            
decreasing the length of time spent by low-risk offenders in these             
facilities.   The newly established Criminal Justice Assessment                
Commission will assist the state in examining strategies in those areas.       
The commission will work with the many different components of the             
criminal justice system to ensure all offenders are held appropriately         
accountable for their conduct.  The commissions recommendations                
should help make the system more cost-effective and promote                    
efficiencies that relieve prison overcrowding.                                 
                                                                               

1998-01-28                     House Journal                      Page 2158
HB 368                                                                       
In concert with the commission's work, the state plans to increase its         
use of Community Residential Centers (CRC) or halfway houses,                  
which are for offenders who present a low risk of danger to the                
community.  The department now uses about 400 more CRC beds than               
in 1990, but this number can continue to grow.                                 
                                                                               
Alaska has thousands of repeat and serious violent offenders, however,         
who cannot be permitted to threaten the safety of our families and our         
communities.  These prisoners must be incarcerated in secure jails and         
prisons.  For this to happen, Alaska must increase the capacity of its         
jails and prisons as proposed in this bill.                                    
                                                                               
Overcrowding in correctional facilities leads to violence in the               
facilities, increases the possibility of prisoner escapes, and limits the      
ability to provide rehabilitation and required treatment for prisoners.        
The Department of Corrections has been under court order for years to          
solve the prison overcrowding problem.  Fines are accruing against the         
state at the rate of $140,000 a month and now total over $2 million.           
The expansion of our prisons and jails as proposed in this bill is an          
essential part of the solution.                                                
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 369                                                                       
HOUSE BILL NO. 369 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to Medicaid coverage for certain eligible children           
and pregnant women; relating to primary care case management                   
and managed care services as optional services and to premiums                 
and cost-sharing contributions under the Medicaid program;                     
establishing the Healthy Families Alaska program; and providing                
for an effective date."                                                        
                                                                               

1998-01-28                     House Journal                      Page 2159
HB 369                                                                        
was read the first time and referred to the Health, Education & Social        
Services and Finance Committees.                                               
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Health & Social Services, 1/28/98              
                                                                               
                                                                               
The Governor's transmittal letter dated January 27, 1998, appears              
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
The state of Alaska has a unique opportunity to expand health                  
coverage for the children and pregnant women of Alaskas working                
families, and to help new parents with the skills they need to raise           
healthy, happy kids who are prepared for a bright future.  Today, I am         
transmitting a bill that seizes that opportunity.  This legislation is part    
of my Smart Start for Alaska's Children initiative  -- giving kids the         
chance for a healthy start in life.                                            
                                                                               
This bill takes advantage of a new federal program to increase income          
eligibility for Medicaid to include children and pregnant women whose          
family incomes are below 200 percent of the federal poverty level.             
The Department of Health and Social Services estimates this new                
coverage will reach 11,600 children and 800 pregnant women who                 
need, but currently cannot afford health insurance.  The bill also             
authorizes the department to establish methods for case management             
and premium cost-sharing to make this new program as efficient and             
equitable as possible.                                                         
                                                                               
Especially appealing about this program is that it will cost the state no      
new general fund dollars because of increased federal funding for the          
state's Medicaid program.  This bill proposes to reallocate about $7           
million of general funds no longer required to match federal Medicaid          
dollars as the state's share for expanded children's health coverage.          
That $7 million will in turn leverage nearly $18 million new federal           
Medicaid dollars.  I can think of no better use than children's health for     
a portion of our Medicaid savings.                                             

1998-01-28                     House Journal                      Page 2160
HB 369                                                                       
This bill also formally establishes in law the Healthy Families Alaska         
program, which provides education and support services to pregnant             
women and the families of children under age five.  This proven                
program offers home visits designed to meet the needs of parents for           
information, emotional support, stress management, and assistance with         
other negative factors that undermine parents' health habits and the           
care of their children.  Service providers work with families to ensure        
children receive medical care, such as immunizations, parents receive          
job training and substance abuse programs if needed, and mothers               
receive prenatal care  the "smartest start" we can offer Alaska's              
children.                                                                      
                                                                               
Programs such as expanded health care and home visits for new                  
parents have been proven to help reduce child abuse.  The state of             
Vermont, for instance, experienced significant drops in child abuse and        
neglect after adopting initiatives similar to this proposal.  Because          
child abuse and neglect make it more likely a child will resort to             
violence, health care and home visitation programs that prevent abuse          
and neglect are considered an effective, long-term strategy for                
preventing future crime and the public and private costs associated            
with it.                                                                       
                                                                               
I can think of nothing more valuable for us to offer Alaska's children         
and families than the opportunity for a physical and emotional healthy         
start in life.  This bill offers an excellent avenue for that effort and       
deserves your attention and prompt action.                                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 199                                                                       
The following was read the second time:                                        
                                                                               

1998-01-28                     House Journal                      Page 2161
HB 199                                                                       
HOUSE BILL NO. 199                                                            
"An Act relating to the property, transactions, and obligations of            
spouses; relating to the augmented estate; amending Rule 301,                  
Alaska Rules of Evidence; and providing for an effective date."                
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  3DP 1NR                                                 1211         
	2 ZERO FISCAL NOTES (COURT, DCED)                                1212         
	JUD RPT  CS(JUD) 3DP 4NR                                         1651         
	2 ZERO FISCAL NOTES (COURT, DCED)                                1651         
                                                                               
The following fiscal notes were submitted by the Rules Committee:              
                                                                               
Zero fiscal note, Alaska Court System, 1/28/98                                 
Zero fiscal note, House Rules Committee for Dept. of Commerce &                
Economic Development, 1/28/98                                                  
                                                                               
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. 199(JUD)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
199(JUD) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 199(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 199(JUD) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 199(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                              
                                                                               

1998-01-28                     House Journal                      Page 2162
HB 199                                                                       
Yeas:  Austerman, Barnes, 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,                 
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams                
                                                                               
Excused:  Vezey                                                                
                                                                               
Absent:  Ogan                                                                  
                                                                               
And so, CSHB 199(JUD) 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 court       
rule change.  There being no objection, it was so ordered.                     
                                                                               
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 199(JUD) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
HB 242                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 242                                                            
"An Act relating to unpaid, underpaid, and overpaid royalty and               
net profit share payments due on leases of state land and to the               
collection and payment of interest on those payments."                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  9DP                                                     1319         
	ZERO FISCAL NOTE (DNR)                                           1319         
                                                                               
                                                                               
The following fiscal note was submitted by the Rules Committee:                
                                                                               
Zero fiscal note, Dept. of Natural Resources, 1/28/98                          

1998-01-28                     House Journal                      Page 2163
HB 242                                                                       
Amendment No. 1 was offered  by Representative Berkowitz:                       
                                                                               
Page 2, lines 1-2, following "at":                                             
Delete "the rate and compounded in the manner provided in (d)             
of this section"                                                               
Insert "the annual rate charged member banks for advances by                
the 12th Federal Reserve District as of the first day of that                  
calendar quarter ¦THE RATE AND IN THE MANNER                                 
PROVIDED IN (d) OF THIS SECTIONá"                                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Hodgins objected.                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HB 242                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf,             
Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia                               
                                                                               
Nays:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,            
Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,                
Therriault, Williams                                                           
                                                                               
Excused:  Vezey                                                                
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Representative Porter moved and asked unanimous consent that                   
HB242 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB 242 was read the third time.                                                

1998-01-28                     House Journal                      Page 2164
HB 242                                                                       
The question being:  "Shall HB 242 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 242                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, 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, Williams          
                                                                               
Excused:  Vezey                                                                
                                                                               
And so, HB 242 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
                                                                               
Honoring - L. Rowland Baxter on His 94th Birthday                              
By Representatives Hanley, Phillips, Berkowitz, Brice, Bunde, Croft,           
Davies, Dyson, Elton, Grussendorf, Ivan, James, Kelly, Kohring, Kott,          
Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Therriault, Williams                                                           
                                                                               
                                                                               
In Memoriam - Vernon Lee "Vern" Eliason                                        
By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft,             
Davies, Davis, Dyson, Elton, Foster, Hudson, Ivan, James, Kelly, Kott,         
Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Therriault, Williams                                                           
                                                                               

1998-01-28                     House Journal                      Page 2165
                             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 Kott - from 6:25 a.m., plane time, February 6 to                
9:26p.m., plane time, February 8, 1998; from 6:45 a.m., plane time,            
February 20 to 9:30 p.m., plane time, February 22, 1998; and, from             
1:40 p.m., plane time, February12 to 5:50 p.m., plane time,                    
February15, 1998 (amended from page 2046)                                      
                                                                               
Representative Ryan - from 6:25 a.m., plane time, February 6 to                
9:26p.m., plane time, February 9, 1998                                         
                                                                               
Representative Barnes - from 6:30 p.m, plane time, February 13 to              
9:30a.m., plane time, February 17, 1998                                        
                                                                               
Representative Sanders - from 1:00 p.m., plane time, February 13 to            
9:30 a.m., plane time, February 16, 1998                                       
                                                                               
Representative Moses - from 6:30 a.m., plane time, January 30 to               
9:30p.m, plane time, February 2, 1998                                          
                                                                               
Representative Kemplen - from 12:30 p.m, plane time, February 6 to             
10:00 p.m., plane time, February 8, 1998; and, from 12:30 p.m., plane          
time, February 27 to 10:00 p.m., plane time, March 1, 1998                     
                                                                               
Representative Berkowitz - from 6:25 a.m., plane time, February 14 to          
9:26 p.m., plane time, February 15, 1998                                       
                                                                               
Representative Masek - from 6:25 a.m., plane time, January 30 to               
9:30a.m., plane time, February 2, 1998 (amended from page 2141)                
                                                                               
HB 365                                                                       
The Speaker removed the Finance Committee referral for the                     
following:                                                                     
                                                                               
HOUSE BILL NO. 365                                                            
"An Act relating to municipal service areas and providing for voter           
approval of the formation, alteration, or abolishment of certain               
service areas."                                                                

1998-01-28                     House Journal                      Page 2166
HB 365                                                                       
HB 365 is in the Community & Regional Affairs Committee.                       
                                                                               
HB 4                                                                         
Representative Kelly moved and asked unanimous consent to withdraw             
the following:                                                                 
                                                                               
HOUSE BILL NO. 4                                                              
"An Act relating to permits issued by the Department of Fish and              
Game for activities in anadromous fish streams, to forest land use             
plans prepared by the Department of Natural Resources, to rights-              
of-way, easements, and permits issued by the Department of                     
Natural Resources, and to disposal of state land and interests in              
state land."                                                                   
                                                                               
There being no objection, HB 4 was withdrawn.                                  
                                                                               
HB 3                                                                         
Representative Kott moved and asked unanimous consent to withdraw              
the following:                                                                 
                                                                               
HOUSE BILL NO. 3                                                              
"An Act relating to disclosures of information about certain                  
minors."                                                                       
                                                                               
There being no objection, HB 3 was withdrawn.                                  
                                                                               
                                                                               
HJR 47                                                                       
Representative Kohring added his name as cosponsor 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.                                                                       
                                                                               
                                                                               

1998-01-28                     House Journal                      Page 2167
HB 199                                                                       
Representative James added her name as cosponsor to:                           
                                                                               
CS FOR HOUSE BILL NO. 199(JUD)                                                
"An Act relating to the property, transactions, and obligations of            
spouses; relating to the augmented estate; amending Rule 301,                  
Alaska Rules of Evidence; and providing for an effective date."                
                                                                               
                                                                               
HB 304                                                                       
Representative Cowdery added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 304                                                            
"An Act relating to the location of the convening of the legislature          
in regular session; repealing provisions relating to student guests            
of the legislature; and providing for an effective date."                      
                                                                               
                                                                               
HB 309                                                                       
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 309                                                            
"An Act naming the Robert B. Atwood Building."                                
                                                                               
                                                                               
HB 334                                                                       
Representatives Croft and Kott added their names as cosponsors to:             
                                                                               
HOUSE BILL NO. 334                                                            
"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."                                              
                                                                               
                                                                               
HB 355                                                                       
Representative Kemplen added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 355                                                            
"An Act relating to municipal fees for certain police and fire                
protection services."                                                          
                                                                               
                                                                               

1998-01-28                     House Journal                      Page 2168
HB 357                                                                       
Representative Joule added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 357                                                            
"An Act relating to the Special Olympics World Winter Games to                
be held in Anchorage in the year 2001; establishing a reserve fund             
for the games; providing certain duties and authority for the                  
Alaska Industrial Development and Export Authority regarding                   
financing for those games; and providing for an effective date."               
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 199                                                                       
CSHB 199(JUD) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 242                                                                       
HB 242 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., 1/28         
                                                                               
Joint Minority Caucus            Butrovich Room        4:15 p.m., 1/28         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., January 30, 1998.  There being no              
objection, the House adjourned at 11:57 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk