Legislature(1997 - 1998)
1998-02-09 House Journal
Full Journal pdf1998-02-09 House Journal Page 2257 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 9, 1998 Twenty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:12 a.m. Roll call showed 37 members present. Representatives Brice, Grussendorf and Ryan had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Pastor Brian Ewing of the Calvary Fellowship. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord Jesus, You visited a wedding celebration in Galilee and found it hanging under a black cloud; they had run out of wine, an essential ingredient for a good celebration. When it was brought to Your attention, You turned ordinary water into 120 gallons of extraordinary wine. Lord Jesus, I'm not sure how it happens, but our highest achievements have a tendency to turn into a showcase for our failures. What was good turns sour or dries up, we look for much but get little. The zest evaporates from our marriage, our family, our careers. Jesus, You are the wine that can turn our bland and ordinary days and nights into a happy feast; so take our humdrum 1998-02-09 House Journal Page 2258 business and responsibilities and do for us what You did back in Galilee--change our sorrow into laughter and our mourning into dancing. Give us life abundantly. Give us Jesus! Amen." The Pledge of Allegiance was led by Representative Kookesh. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 26th, 27th and 28th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 6, 1998, was read stating that, in accordance with AS 39.05.080(1) and Article III, Sections 19, 25, 26 and 27 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: The following appointment was referred to the House Special Committee on International Trade & Tourism and the Labor & Commerce Committee: Department of Commerce and Economic Development - Commissioner Deborah B. Sedwick - Anchorage Appointed: 12/10/97 The following appointment was referred to the House Special Committee on Military & Veterans' Affairs: Alaska Army National Guard - Assistant Adjutant General Brigadier General Stephen P. Korenek 1998-02-09 House Journal Page 2259 The following appointment was referred to the House Special Committee on Oil & Gas: Alaska Oil and Gas Conservation Commission Camille Oechsli - Anchorage Appointed: 08/28/97 Expires: 12/31/02 The following appointment was referred to the Finance Committee: Alcoholic Beverage Control Board Toni L. Jackson - Copper Center Appointed: 08/27/97 Expires: 01/31/00 The following appointments were referred to the Health, Education & Social Services Committee: Board of Education Bettye Davis - Anchorage Appointed: 02/01/98 Expires: 01/31/2003 Mike Williams - Akiak Appointed: 02/01/98 Expires: 01/31/2003 Alaska Mental Health Trust Authority Board of Trustees Susan LaBelle, MSW - Anchorage Appointed: 10/31/97 Expires: 03/03/99 Professional Teaching Practices Commission Georgia S. Cast - Bethel Appointed: 10/31/97 Expires: 07/01/00 Patricia E. Chitty - Nikolaevsk Appointed: 10/31/97 Expires: 07/01/00 Linda Connelly - Palmer Appointed: 10/31/97 Expires: 07/01/99 Judith Entwife - Juneau Appointed: 10/31/97 Expires: 07/01/00 1998-02-09 House Journal Page 2260 The following appointments were referred to the Judiciary Committee: Commission on Judicial Conduct Jeffrey M. Feldman, Esq. - Anchorage Appointed: 09/01/93 Reappointed: 07/16/97 Expires: 04/28/01 Alaska Judicial Council Mary Matthews - Fairbanks Appointed: 05/19/97 Expires: 05/18/03 Violent Crimes Compensation Board Carol L. Alley, M.D. - Ketchikan Appointed: 12/01/95 Reappointed: 01/21/98 Expires: 12/15/00 The following appointments were referred to the Labor & Commerce Committee: Alaska State Board of Public Accountancy Marjorie J. Kaiser, C.P.A. - Anchorage Appointed: 07/16/97 Expires: 04/25/01 Steven R. Tarola, C.P.A. - Barrow Appointed: 07/16/97 Expires: 04/25/01 Sandra R. Wilson - Fairbanks Appointed: 07/16/97 Expires: 04/25/01 State Board of Registration for Architects, Engineers, and Land Surveyors Donald J. Iverson - Anchorage Appointed: 08/12/97 Expires: 07/01/01 Scott McLane, P.L.S. - Soldotna Appointed: 08/12/97 Expires: 07/01/01 Patricia Peirsol - Fairbanks Appointed: 08/12/97 Expires: 07/01/01 Board of Barbers and Hairdressers Lawrence R. Krupa - North Pole Appointed: 04/08/94 Reappointed: 07/16/97 Expires: 07/01/02 1998-02-09 House Journal Page 2261 Board of Chiropractic Examiners Trevor V. Ireland, D.C. - Anchorage Appointed: 07/15/93 Reappointed: 11/26/97 Expires: 07/15/01 Alaska Labor Relations Agency Karen J. Mahurin - Kenai Appointed: 08/11/93 Reappointed: 06/30/94, 12/02/97 Expires: 06/30/00 Alfred L. Tamagni, Sr. - Anchorage Appointed: 06/30/93 Reappointed: 12/02/97 Expires: 06/30/99 Board of Marine Pilots Peter S. Garay - Homer Appointed: 07/16/97 Expires: 06/01/01 Michael N. White - Anchorage Appointed: 10/31/97 Expires: 06/01/00 Board of Marital and Family Therapy Dixie A. Hood - Juneau Appointed: 10/12/95 Reappointed: 01/21/98 Expires: 12/14/01 Elaine L. Williams - Juneau Appointed: 07/16/97 Expires: 12/14/00 State Medical Board Martha T. Cotten, M.D. - Eagle River Appointed: 10/03/97 Expires: 04/21/00 Constance E. Livsey - Anchorage Appointed: 10/03/97 Expires: 08/13/00 Board of Certified Direct-Entry Midwives Martha J. Linden, C.N.M. - Anchorage Appointed: 11/26/97 Expires: 07/21/01 Occupational Safety and Health Review Board Dennis Davidson - Anchorage Appointed: 08/12/97 Expires: 08/01/01 Carla Meek - Juneau Appointed: 07/16/97 Expires: 08/01/00 1998-02-09 House Journal Page 2262 Board of Pharmacy Paul Joseph Gionet, R.Ph. - Anchorage Appointed: 04/01/93 Reappointed: 11/26/97 Expires: 04/01/01 Martin Krull, R.Ph. - Anchorage Appointed: 01/21/98 Expires: 04/01/01 State Physical Therapy and Occupational Therapy Board Sundi M. Hondl, L.P.T. - Wasilla Appointed: 01/21/98 Expires: 09/01/01 Ann P. Mattson - Juneau Appointed: 01/20/94 Reappointed: 01/21/98 Expires: 01/01/02 Board of Psychologist and Psychological Associate Examiners Carey S. Edney, Ph.D. - Anchorage Appointed: 10/31/97 Expires: 07/01/01 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Reappointed: 10/31/97 Expires: 07/01/01 Board of Certified Real Estate Appraisers Judy Kemplen - Anchorage Appointed: 01/21/98 Expires: 06/30/01 Real Estate Commission Audrey J. Foldoe - Fairbanks Appointed: 10/05/93 Reappointed: 01/21/98 Expires: 01/31/01 Board of Veterinary Examiners Deanna J. Thornell, D.V.M. - Fairbanks Appointed: 01/31/94 Reappointed: 01/21/98 Expires: 01/31/02 Alaska Workers' Compensation Board John A. Abshire - Anchorage Appointed: 07/23/97 Expires: 07/01/00 Valerie K. Baffone - Anchorage Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Shawn Pierre - Chugiak Appointed: 11/08/96 Reappointed: 07/01/97 Expires: 07/01/00 Florence S. Rooney - Anchorage Appointed: 07/01/93 Reappointed: 10/31/97 Expires: 07/01/99 James G. Williams - Douglas Appointed: 07/05/95 Reappointed: 07/01/97 Expires: 07/01/00 1998-02-09 House Journal Page 2263 The following appointments were referred to the Resources Committee: Alaska Commercial Fisheries Entry Commission (CFEC) Mary McDowell - Juneau Appointed: 10/06/97 Expires: 07/01/01 Board of Game Robert Churchill - Anchorage Appointed: 09/23/97 Expires: 01/31/00 The following appointments were referred to the State Affairs Committee: State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Expires: 01/31/99 Personnel Board Charlie Parr - Fairbanks Appointed: 09/02/97 Expires: 03/20/02 Alaska Public Offices Commission (APOC) Kathleen Harrington - Anchorage Appointed: 08/12/97 Expires: 02/01/00 Philip R. Volland, Esq. - Anchorage Appointed: 06/23/97 Expires: 02/01/02 Resumes for the appointments are on file in the Chief Clerk's office. COMMUNICATIONS The following report was received: Dept. of Public Safety Crime Reported in Alaska, 1996 Uniform Crime Reporting 1998-02-09 House Journal Page 2264 REPORTS OF STANDING COMMITTEES HB 125 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 125 "An Act relating to contributions from permanent fund dividends to the Alaska children's trust; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 125(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (1): Brice Do not pass (1): Vezey No recommendation (5): Dyson, Green, Bunde, Porter, Kemplen A Health, Education & Social Services Committee letter of intent for CSHB 125(HES), signed by Representative Bunde, Chair, appears below: "The House HESS Committee, recognizing the difficulty in providing the considerable benefit of a permanent fund dividend check off to only one recipient, asks that this bill and its single proposed recipient be considered on its own merits and that other possible recipients be considered in separate legislation." The following fiscal note applies to CSHB 125(HES): Fiscal note, Dept. of Revenue, 2/9/98 HB 125 was referred to the Finance Committee. 1998-02-09 House Journal Page 2265 HB 187 The Labor & Commerce Committee has considered: HOUSE BILL NO. 187 "An Act relating to a small business development tax credit under the Alaska Net Income Tax Act; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 187(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Brice, Kubina No recommendation (3): Cowdery, Sanders, Ryan The following fiscal notes apply to CSHB 187(L&C): Fiscal note, Dept. of Revenue, 2/9/98 Zero fiscal note, Dept. of Labor, 2/9/98 HB 187 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Annie Blue, AFN Elder of the Year By Senator Hoffman Honoring - Garry Buell, Broadcaster of the Year By Senator Green In Memoriam - Mary C. Hamilton By Senators Green, Halford; Representative Ogan 1998-02-09 House Journal Page 2266 In Memoriam - Victoria Stone By Senator Green In Memoriam - Gertrude C. Anderson By Senator Green CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 73 The following was read the second time: HOUSE BILL NO. 73 "An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date." with the: Journal Page FSH RPT 3DP 1NR 422 2 FISCAL NOTES (REV, DCED) 423 L&C RPT 3DP 3NR 629 2 FISCAL NOTES (REV, DCED) 2/21/97 629 FIN RPT 6DP 3NR 1AM 2110 2 FISCAL NOTES (REV, DCED) 2111 Representative Porter moved and asked unanimous consent that HB 73 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 73 was read the third time. The question being: "Shall HB 73 pass the House?" The roll was taken with the following result: HB 73 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 1998-02-09 House Journal Page 2267 HB 73 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Excused: Brice, Grussendorf, Ryan And so, HB 73 passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 73 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 - Louise Brady and Ellen Frankenstein, Carved From The Heart By Representatives Grussendorf, Phillips, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Ivan, James, Joule, Kemplen, Kubina, Nicholia, Porter, Rokeberg, Sanders, Therriault Honoring - Perfect World By Senator Ellis; Representatives Berkowitz, Croft, Davies, Davis, Dyson, Elton, Ivan, James, Joule, Kemplen, Kubina, Nicholia, Rokeberg, Sanders Honoring - Robert Service High School Cougars Football Team, State Champions By Senator Ward; Representatives Berkowitz, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey 1998-02-09 House Journal Page 2268 In Memoriam - Irene Ryan By Representatives Phillips, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey In Memoriam - Penny Rae Helgesen By Representatives Grussendorf, Phillips, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Foster, Ivan, James, Joule, Kelly, Kemplen, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey In Memoriam - Senator Ray Christiansen By Senators Hoffman, Adams, Lincoln, Duncan, Ellis; Representatives Ivan, Moses, Foster, Phillips, Austerman, Barnes, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey In Memoriam - Thomas Edward Whitaker By Senator Torgerson; Representatives Phillips, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Foster, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey 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 Austerman - from 6:25 a.m., plane time, February 27 to 9:26 p.m., plane time, February 28, 1998 Representative Nicholia - from 1:40 p.m., plane time, February 11 to 9:26 p.m., plane time, February 15, 1998; from 6:45 p.m., plane time, February 18 to 9:26 p.m., plane time, February 22, 1998; and, from 6:45 p.m., February 26 to 9:26 p.m., plane time, March 1, 1998 Representative Rokeberg - from 11:15 a.m. to 2:00 p.m., February 19, 1998 1998-02-09 House Journal Page 2269 Representative Foster - from 3:00 p.m., plane time, February 11 to 9:36 p.m., plane time, February 16, 1998 (amended from page 2073) HB 73 Representative Dyson declared a conflict of interest on the following bill: HOUSE BILL NO. 73 "An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date." HB 73 passed the House (page 2266). HB 122 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: HOUSE BILL NO. 122 "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals and to execution on judgments against prisoners' accounts; amending Alaska Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal Procedure 35; and providing for an effective date." HB 122 was removed from the State Affairs Committee and referred to the Judiciary Committee with a further referral to the Finance Committee. HB 73 Representative Kubina added his name as cosponsor to: HOUSE BILL NO. 73 "An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date." 1998-02-09 House Journal Page 2270 ENGROSSMENT HB 73 HB 73 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. Personal Bill Deadline 5:00 p.m., 2/16 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 11, 1998. There being no objection, the House adjourned at 11:48 a.m. Suzi Lowell Chief Clerk