Legislature(1997 - 1998)
1998-01-30 House Journal
Full Journal pdf1998-01-30 House Journal Page 2173 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 30, 1998 Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:11 a.m. Roll call showed 32 members present. Representatives Austerman, Foster, Masek, Moses, Nicholia and Ogan had been previously excused from a call of the House today. Representative Williams was absent and his presence was noted later. Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kookesh - from today to 5:00p.m., plane time, February 1, 1998 The invocation was offered by the Chaplain, Reverend Ellen Younker of the Aldersgate United Methodist Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O God of the Swirling Hope, We pray that someday an arrow will be broken, not in something or someone, but by each of humankind, to indicate peace, not violence. Someday, oneness with creation, rather than domination over creation, will be the goal to be respected. 1998-01-30 House Journal Page 2174 Someday, fearlessness to love and make a difference will be experienced by all people. Someday, all powerful decisions will be based on good faith and honest sharing. Then the eagle will carry our prayer for peace and love, and the people of the red, white, yellow, brown and black communities can sit in the same circle together to communicate in love and experience the presence of the Great Mystery in their midst. Someday can be today for you and me. Amen." (After Wanda Lawrence, Chippewa, 20th Century) The Pledge of Allegiance was led by Representative Ryan. * * * The Speaker requested all members to remain standing for a moment of silence in memory of Alex Miller. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 17th and 18th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated January 28, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 157 CS FOR SENATE BILL NO. 157(FIN) by the Senate Finance Committee, entitled: 1998-01-30 House Journal Page 2175 SB 157 "An Act establishing a children's trust motor vehicle registration plate." was read the first time and referred to the Transportation and Finance Committees. SB 220 CS FOR SENATE BILL NO. 220(FIN)(title am) by the Senate Finance Committee, entitled: "An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation for payment of management fees for fiscal year 1998; and providing for an effective date." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following reports were received: Legislative Affairs Agency Division of Legislative Audit Audit Reports (as required by AS 24.20.311) Dept. of Commerce & Economic Development Division of Occupational Licensing Board of Certified Real Estate Appraisers January 7, 1998 Board of Certified Direct-entry Midwives January 9, 1998 Dept. of Fish & Game Estimated FY 97 Board Attendance Costs December 5, 1997 Dept. of Public Safety Council on Domestic Violence and Sexual Assault September 30, 1997 1998-01-30 House Journal Page 2176 Board of Governors of the Alaska Bar Association January 2, 1998 FY 97 Compensation and Travel Survey of Executive Management Positions January 21, 1998 REPORTS OF STANDING COMMITTEES HJR 4 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 4 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Elton, Berkowitz, Vezey, Hodgins No recommendation ( 2): Ivan, Dyson The following fiscal notes apply: Fiscal note, Office of the Governor, 1/30/98 Zero fiscal note, Legislative Affairs Agency, 1/30/98 HJR 4 was referred to the Judiciary Committee. HJR 5 The State Affairs has considered: HOUSE JOINT RESOLUTION NO. 5 Proposing an amendment to the Constitution of the State of Alaska relating to freedom of conscience. 1998-01-30 House Journal Page 2177 HJR 5 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Ivan, Dyson, Vezey, Hodgins Do not pass (1): Elton The following fiscal note applies: Fiscal note, Office of the Governor, 1/30/98 HJR 5 was referred to the Judiciary Committee. HB 33 The Labor & Commerce Committee has considered: HOUSE BILL NO. 33 "An Act relating to real estate licensing and the real estate surety fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 33(L&C) "An Act relating to real estate licensees and to the real estate surety fund; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Hudson, Rokeberg No recommendation (4): Ryan, Brice, Sanders, Cowdery The following fiscal note applies to CSHB 33(L&C): Fiscal note, Dept. of Commerce & Economic Development, 1/30/98 1998-01-30 House Journal Page 2178 HB 33 HB 33 was referred to the Finance Committee. HB 296 The Resources Committee has considered: HOUSE BILL NO. 296 "An Act extending the termination date of the Alaska Minerals Commission." The report was signed by Representative Hudson, Co-chair, with the following individual recommendations: Do pass (6): Dyson, Williams, Green, Masek, Hudson, Joule The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 1/30/98 HB 296 was referred to the Rules Committee for placement on the calendar. HB 328 The Transportation Committee has considered: HOUSE BILL NO. 328 "An Act making appropriations for continued maintenance and operation of the Motor Vessel Malaspina; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Williams, Elton, Hudson, Kookesh No recommendation (3): Masek, Cowdery, Sanders 1998-01-30 House Journal Page 2179 HB 328 HB 328 was referred to the Finance Committee. **The presence of Representative Williams was noted. REPORTS OF SPECIAL COMMITTEES HB 310 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 310 "An Act relating to the utilization of groundfish; and providing for an effective date." The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (5): Ogan, Ivan, Hodgins, Kubina, Austerman The following fiscal notes apply: Zero fiscal note, Dept. of Public Safety, 1/30/98 Zero fiscal note, Dept. of Fish & Game, 1/30/98 HB 310 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sourdough Express, Inc., 100 Years in the Far North By Representatives Phillips, Kelly Honoring - Don Moore By Representatives Kohring, Ogan 1998-01-30 House Journal Page 2180 Honoring - Vladimir "Paul" Gavora By Senators Wilken, Sharp, Miller; Representatives James, Therriault, Brice, Kelly, Vezey Honoring - Hillary Schaefer By Senator Wilken In Memoriam - Lorena Showers By Representatives Croft, Brice In Memoriam - Edward H. Prince By Senator Sharp and Honoring - Alaskans Who Fought in the Tet Offensive, Vietnam By Senator Ward In Memoriam - Alex Miller By Representatives Barnes, Kelly which were taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 54 HOUSE JOINT RESOLUTION NO. 54 by Representatives Vezey and Ryan: Relating to establishing maritime boundaries with Canada. was read the first time and referred to the House Special Committee on Fisheries and the House Special Committee on World Trade and State/Federal Relations. HJR 55 HOUSE JOINT RESOLUTION NO. 55 by Representatives Austerman and Moses: 1998-01-30 House Journal Page 2181 HJR 55 Relating to the allocation of pollock and Pacific cod. was read the first time and referred to the House Special Committee on Fisheries. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citations Honoring - Alaskans Who Fought in the Tet Offensive, Vietnam, and In Memoriam - Alex Miller be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Kubina moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation In Memoriam - Alex Miller. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House approve the citations. There being no objection, the following citations were approved and sent to enrolling: Honoring - Alaskans Who Fought in the Tet Offensive, Vietnam By Senator Ward; Representatives Barnes, Phillips, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Alex Miller By Representatives Barnes, Kelly, Phillips, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-01-30 House Journal Page 2182 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 370 HOUSE BILL NO. 370 by the House Community & Regional Affairs Committee, entitled: "An Act making an appropriation for relief of the 1997 fishery disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 371 HOUSE BILL NO. 371 by Representative Dyson, entitled: "An Act relating to parents' appearing at juvenile proceedings with their children." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 372 HOUSE BILL NO. 372 by Representative Dyson, entitled: "An Act placing limits on prescribing and providing a contraceptive drug or device to a minor." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 373 HOUSE BILL NO. 373 by Representative Phillips, entitled: "An Act relating to forests and forestry practices." was read the first time and referred to the Resources Committee. 1998-01-30 House Journal Page 2183 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 234 The following was read the second time: HOUSE BILL NO. 234 "An Act relating to assistance for abortions under the general relief program; and relating to financial responsibility for the costs of abortions." with the: Journal Page JUD RPT 3DNP 4AM 1400 FISCAL NOTE (DHSS) 1401 FIN RPT CS(FIN) NT 5DP 2DNP 1NR 2111 FISCAL NOTE (H.FIN/DHSS) 2111 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. 234(FIN) "An Act relating to assistance for abortions under the general relief program." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brice: Page 1, line 1 (title amendment): Delete "relating to" Insert "prohibiting" Page 1, line 3, through page 2, line 31: Delete all material and insert: "* Section 1. AS47.25 is amended by adding a new section to read: 1998-01-30 House Journal Page 2184 HB 234 Sec. 47.25.125. Prohibition on payments for abortions. Notwithstanding AS47.25.252 or any other provision of AS47.25.120- 47.25.300, the department may not provide financial assistance under AS47.25.120- 47.25.300 to pay for an abortion. In this section, "abortion" means an operation or procedure intended to terminate the pregnancy of a woman by means other than childbirth." Representative Brice moved and asked unanimous consent that Amendment No.1 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 234(FIN) Second Reading Amendment No. 1 YEAS: 5 NAYS: 27 EXCUSED: 7 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Croft, Joule Nays: Barnes, Cowdery, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Austerman, Foster, Kookesh, Masek, Moses, Nicholia, Ogan Absent: Vezey And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that CSHB234(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-01-30 House Journal Page 2185 HB 234 CSHB 234(FIN) was read the third time. The question being: "Shall CSHB 234(FIN) pass the House?" The roll was taken with the following result: CSHB 234(FIN) Third Reading Final Passage YEAS: 20 NAYS: 13 EXCUSED: 7 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Phillips, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Porter, Rokeberg Excused: Austerman, Foster, Kookesh, Masek, Moses, Nicholia, Ogan Cowdery changed from "Nay" to "Yea". And so, lacking the necessary 21 votes, CSHB 234(FIN) failed to pass the House. Representative Williams gave notice of reconsideration of his vote on CSHB 234(FIN)(fld H). SECOND READING OF HOUSE RESOLUTIONS HCR 26 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 26 Urging support of the 1998 International People First Conference. with the: Journal Page RULES FOR CALENDARING 2113 1998-01-30 House Journal Page 2186 HCR 26 The following fiscal note was submitted by the Rules Committee: Zero fiscal note, House Rules Committee, 1/30/98 The question being: "Shall HCR 26 pass the House?" The roll was taken with the following result: HCR 26 Second Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 7 ABSENT: 3 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Excused: Austerman, Foster, Kookesh, Masek, Moses, Nicholia, Ogan Absent: Barnes, Kelly, Rokeberg Kubina changed from "Nay" to "Yea". And so, HCR 26 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 - Black History Month By Senator Ward; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-01-30 House Journal Page 2187 Honoring - Ken Lancaster, Soldotna Chamber of Commerce, 1998 Citizen of the Year By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Antone "Tony" Herman By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Raymond Kent By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Channie Mae Robinson By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Robert Boyd By Representatives Kemplen, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Ellis In Memoriam - Clarence E. "Chick" LeDoux, Jr. By Senators Halford, Phillips; Representatives Dyson, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-01-30 House Journal Page 2188 In Memoriam - Bertha A. Moore By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Darlene J. Reed By Senator Green; Representatives Ogan, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, 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 Kemplen - from 6:45 p.m., plane time, February 13 to 2:00 p.m., plane time, February 15, 1998 Representative Williams - from 2:35 p.m., plane time, January 30 to 9:36 p.m., plane time, February 1, 1998 Representative Ivan - from 6:25 a.m., plane time, February 26 to 5:45p.m., plane time, March 3, 1998 Representative Davies - 6:39 p.m., plane time, January 30 to 9:39 a.m., plane time, February 3, 1998 Representative Rokeberg - from 9:00 a.m., February 18 to noon, February 18, 1998 Representative Joule - from 1:40 p.m., plane time, February 6 to 9:39a.m., plane time, February 9, 1998 Representative Sanders - from 1:00 p.m., plane time, January 30 to 9:30a.m., plane time, February 2, 1998 1998-01-30 House Journal Page 2189 HJR 4 Representative Hodgins added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 4 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. HJR 53 Representative Kemplen added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 53 Relating to support for federal legislation providing for the continuation of the University of Alaska by the conveyance of federal land to the university. HB 49 Representative Hudson added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 49 "An Act establishing and relating to a consumer protection section in the Department of Law; increasing penalties for violation of laws relating to consumer protection; requiring special accounting for money from certain actions related to consumer protection; and providing for an effective date." HB 87 Representative Sanders added his name as cosponsor to: HOUSE BILL NO. 87 "An Act relating to fines and bail forfeiture amounts for certain offenses committed within highway work zones." HB 304 Representative Hodgins 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." 1998-01-30 House Journal Page 2190 HB 309 Representative Kemplen added his name as cosponsor to: HOUSE BILL NO. 309 "An Act naming the Robert B. Atwood Building." SB 110 Representative Mulder added his name as cross sponsor to: CS FOR SENATE BILL NO. 110(L&C) am "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." ENGROSSMENT HCR 26 HCR 26 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 7 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:40 a.m., January 30, 1998: HOUSE CONCURRENT RESOLUTION NO. 7 Proposing an amendment to the Uniform Rules of the Alaska State Legislature relating to notice of committee meetings held during the first week of a first regular session. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1998-01-30 House Journal Page 2191 Majority Caucus Speaker's Chamber upon adj., 1/30 Minority Caucus upon adj., 1/30 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 2, 1998. There being no objection, the House adjourned at 11:41 a.m. Suzi Lowell Chief Clerk