Legislature(1997 - 1998)

1998-02-09 House Journal

Full Journal pdf

1998-02-09                     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