Legislature(1997 - 1998)

1998-02-18 House Journal

Full Journal pdf

1998-02-18                     House Journal                      Page 2341
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday         February 18, 1998         
                                                                               
                              Thirty-eighth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:17 a.m.                                                         
                                                                               
                                                                               
Roll call showed 36 members present.  Representatives Rokeberg and             
Vezey had been previously excused from a call of the House today.              
                                                                               
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 Foster - to 9:30 p.m., plane time, today (amended from          
page 2269)                                                                     
                                                                               
Representative James - today                                                   
                                                                               
                                                                               
The invocation was offered by the Chaplain, Constance Davis of the             
Juneau Unitarian Universalist Fellowship.  Representative Davies               
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"A prayer from Black Elk, an Oglala Sioux who witnessed                       
Custer's last stand:                                                           
                                                                               
'Hear me, four quarters of the world.                                         
A relative I am!                                                              
                                                                               
Give me the strength to walk the soft earth.  Give me the eyes                
to see and the strength to understand.                                         

1998-02-18                     House Journal                      Page 2342
Look upon these faces of children without number,                             
That they may face the winds and walk the good road to the                    
day of quiet.                                                                  
                                                                               
This is my prayer; hear me.'"                                                 
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Kohring.                    
                                                                               
                                   * * * * *                                   
                                                                               
The House stood for a moment of silence to honor the 54th Squadron             
of Elmendorf Air Force Base as they depart for the Operation Southern          
Watch mission to enforce the no-fly zone in southern Iraq.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 36th and 37th 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 February 17, 1998, was read stating the Senate has             
confirmed the appointment of Dennis Cook and the reappointment of              
Ed Granger as public members to the Select Committee on Legislative            
Ethics.                                                                        
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 44                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 44                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to redistricting of the legislature.                                  
                                                                               
and recommends it be replaced with:                                            
                                                                               
                                                                               

1998-02-18                     House Journal                      Page 2343
HJR 44                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 44(JUD)                                     
Proposing amendments to the Constitution of the State of Alaska               
relating to redistricting and reapportionment of the legislature; and          
providing for an effective date.                                               
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4): Rokeberg, Porter, Green, Bunde                                    
                                                                               
Do not pass (2): Croft, Berkowitz                                              
                                                                               
The following fiscal notes apply to CSHJR 44(JUD):                             
                                                                               
Fiscal note, Dept. of Law, 2/18/98                                             
Fiscal note, Office of the Governor, 2/18/98                                   
                                                                               
HJR 44 was referred to the Finance Committee.                                  
                                                                               
HB 53                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 53                                                             
"An Act relating to the authority of the Department of Corrections            
to contract for facilities for the confinement and care of prisoners,          
and annulling a regulation of the Department of Corrections that               
limits the purposes for which an agreement with a private agency               
may be entered into; authorizing an agreement by which the                     
Department of Corrections may, for the benefit of the state, enter             
into one lease of, or similar agreement to use, space within a                 
correctional facility that is operated by a private contractor, and            
setting conditions on the operation of the correctional facility               
affected by the lease or use agreement; and giving notice of and               
approving a lease-purchase agreement or similar use-purchase                   
agreement for the design, construction, and operation of a                     
correctional facility, and setting conditions and limitations on the           
facility's design, construction, and operation."                               
                                                                               
and recommends it be replaced with:                                            
                                                                               

1998-02-18                     House Journal                      Page 2344
HB 53                                                                        
CS FOR HOUSE BILL NO. 53(FIN)                                                 
"An Act relating to the power of municipalities to provide for the            
confinement and care of prisoners; relating to authorizing the                 
Department of Corrections to enter into an agreement to lease                  
facilities for the confinement and care of prisoners with the City             
of Delta Junction; and providing for an effective date."                       
                                                                               
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6): Therriault, Hanley, Mulder, Martin, Kohring, Davis                
                                                                               
No recommendation (1): Grussendorf                                             
                                                                               
                                                                               
A Finance Committee letter of intent for CSHB 53(FIN), signed by               
Representatives Hanley and Therriault, Co-chairs, appears below:               
                                                                               
"It is the intent of the Legislature that the contract signed pursuant to      
the authority provided in HB 53 should require that:                           
                                                                               
	1.	The prison meet American Correctional Association standards;               
                                                                               
	2.Guards employed in the prison meet the same training                       
standards that are required of prison guards in AS 18.65.130 -                 
18.65.290;                                                                     
                                                                               
3. The contract between the City of Delta Junction and the                   
prison operating entity should be for durations of no longer                   
than five years.  It may be renewable; and                                     
                                                                               
	4.The contract for operation of the facility provide for the                 
removal of the contractor for non performance.                                 
                                                                               
	5.The agreement to lease the facility must provide a fixed rate              
per each bed day, adjusted annually during the term of the                     
lease according to an appropriate index.  The fixed rate for the               
first year must include all capital and operating costs and may                
not exceed $70.00 per bed each day."                                           
                                                                               

1998-02-18                     House Journal                      Page 2345
HB 53                                                                        
The following fiscal notes apply to CSHB 53(FIN):                              
                                                                               
Indeterminate fiscal note, Dept. of Corrections, 2/18/98                       
Zero fiscal note, Dept. of Administration, 2/18/98                             
Zero fiscal note, Dept. of Revenue, 2/18/98                                    
                                                                               
HB 53 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 252                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 252                                                            
"An Act relating to criminal records; relating to notice about and            
registration of sex offenders and child kidnappers; and amending               
Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure."                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 252(JUD)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3): Porter, Berkowitz, Bunde                                          
                                                                               
No recommendation (3): Rokeberg, Green, James                                  
                                                                               
The following fiscal notes apply to CSHB 252(JUD):                             
                                                                               
Fiscal note, Dept. of Public Safety, 2/18/98                                   
Fiscal note, Dept. of Administration, 2/18/98                                  
Fiscal note, Dept. of Law, 2/18/98                                             
Fiscal note, Dept. of Corrections, 2/18/98                                     
                                                                               
HB 252 was referred to the Finance Committee.                                  
                                                                               

1998-02-18                     House Journal                      Page 2346
HB 293                                                                       
The Judiciary Committee has considered:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 293                                     
"An Act relating to collection of settlement information in civil             
litigation; and providing for an effective date."                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
293(JUD)                                                                       
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6): Rokeberg, Porter, Green, James, Berkowitz, Bunde                  
                                                                               
The following fiscal note applies to CSSSHB 293(JUD):                          
                                                                               
Zero fiscal note, Dept. of Administration, 2/18/98                             
                                                                               
SSHB 293 was referred to the Rules Committee for placement on the              
calendar.                                                                      
                                                                               
                                                                               
HB 312                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 312                                                            
"An Act relating to the Public Facilities Financing Corporation;              
authorizing an advisory vote on whether the legislature should                 
appropriate $1,500,000,000 from the constitutional budget reserve              
fund to capitalize the build Alaska fund; and providing for an                 
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 312(STA)                                                
(same title)                                                                  
                                                                               

1998-02-18                     House Journal                      Page 2347
HB 312                                                                       
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3): James, Ivan, Hodgins                                              
                                                                               
Do not pass (1): Vezey                                                         
                                                                               
No recommendation (1): Elton                                                   
                                                                               
Amend (1): Berkowitz                                                           
                                                                               
The following fiscal notes apply to CSHB 312(STA):                             
                                                                               
Fiscal note, Dept. of Revenue, 2/18/98                                         
Indeterminate fiscal note, Dept. of Education, 2/18/98                         
                                                                               
HB 312 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 321                                                                        
The Labor & Commerce Committee has considered:                                
                                                                               
HOUSE BILL NO. 321                                                            
"An Act relating to trusts, to the prudent investor rule, and to              
standards of care applicable to personal representatives,                      
conservators, and trustees; and providing for an effective date."              
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4): Cowdery, Sanders, Ryan, Rokeberg                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
2/18/98                                                                        
                                                                               
                                                                               
HB 321 was referred to the Finance Committee.                                  
                                                                               

1998-02-18                     House Journal                      Page 2348
HB 344                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 344                                                            
"An Act relating to paternity establishment and child support;                
relating to the crimes of criminal nonsupport and aiding the                   
nonpayment of child support; and amending Rule 37(b)(2)(D),                    
Alaska Rules of Civil Procedure; and providing for an effective                
date."                                                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 344(HES)                                                
"An Act relating to paternity establishment and to support orders;            
relating to the crimes of criminal nonsupport and aiding the                   
nonpayment of child support; amending Rule 37(b)(2)(D), Alaska                 
Rules of Civil Procedure; and providing for an effective date."                
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2): Bunde, Porter                                                     
                                                                               
Do not pass (2): Vezey, Kemplen                                                
                                                                               
No recommendation (2): Green, Brice                                            
                                                                               
The following fiscal notes apply to CSHB 344(HES):                             
                                                                               
Zero fiscal note, Dept. of Administration, 2/18/98                             
Zero fiscal note, Dept. of Revenue, 1/23/98                                    
Zero fiscal notes (2), Dept. of Administration, 1/23/98                        
                                                                               
HB 344 was referred to the Judiciary Committee.                                
                                                                               
SB 209                                                                       
The Finance Committee has considered:                                          
                                                                               
SENATE BILL NO. 209                                                           
"An Act relating to the Task Force on Privatization; and providing            
for an effective date."                                                        

1998-02-18                     House Journal                      Page 2349
SB 209                                                                       
The report was signed by Representatives Therriault and Hanley, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (6): Therriault, Hanley, Mulder, Martin, Kohring, Davis                
                                                                               
The following fiscal notes apply:                                              
                                                                               
Senate indeterminate fiscal note, Office of the Governor/All Depts.,           
1/21/98                                                                        
Senate fiscal note, Legislative Affairs Agency, 1/21/98                        
                                                                               
SB 209 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HJR 48                                                                       
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE JOINT RESOLUTION NO. 48                                                 
Supporting passage of S. 1221, the "American Fisheries Act," by               
the United States Congress.                                                    
                                                                               
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (1): Austerman                                                         
                                                                               
No recommendation (4): Kubina, Hodgins, Ivan, Ogan                             
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Special Committee on Fisheries, 2/18/98                
                                                                               
HJR 48 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:                                       

1998-02-18                     House Journal                      Page 2350
Honoring - Micah Jered Ferrell, Eagle Scout                                    
By Representative Vezey                                                        
                                                                               
Honoring - Judy Tobacco                                                        
By Representative Mulder                                                       
                                                                               
In Memoriam - F. Patrick Cartee                                                
By Representative Rokeberg                                                     
                                                                               
In Memoriam - Edward Thomas "Ted" McHenry                                      
By Senator Lincoln; Representative Kubina                                      
                                                                               
and                                                                            
                                                                               
Honoring - Alaska National Guard Youth Corps School, Graduating                
Class 98-1                                                                     
By Representative Mulder                                                       
                                                                               
which was taken up later as a Special Order of Business.                       
                                                                               
                                   * * * * *                                   
                                                                               
The following resolutions and bills were received by the extended              
personal bill deadline of 5:00 p.m., February 16, 1998 (page 2222).            
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HR 10                                                                        
HOUSE RESOLUTION NO. 10 by Representative Kott:                                
                                                                               
Relating to the student loan program.                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
                                                                               
HCR 29                                                                       
HOUSE CONCURRENT RESOLUTION NO. 29 by the House Rules                          
Committee:                                                                     

1998-02-18                     House Journal                      Page 2351
HCR 29                                                                       
Authorizing a recess by the Senate and the House of                           
Representatives for a period of more than three days.                          
                                                                               
was read the first time and referred to the Rules Committee for                
placement on the calendar.                                                     
                                                                               
HCR 30                                                                       
HOUSE CONCURRENT RESOLUTION NO. 30 by the House Rules                          
Committee:                                                                     
                                                                               
Authorizing a recess by the Senate and the House of                           
Representatives for a period of more than three days.                          
                                                                               
was read the first time and referred to the Rules Committee for                
placement on the calendar.                                                     
                                                                               
HCR 31                                                                       
HOUSE CONCURRENT RESOLUTION NO. 31 by Representative                           
Davies:                                                                        
                                                                               
Relating to the use of Fort Greely as a correctional facility.                
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HCR 32                                                                       
HOUSE CONCURRENT RESOLUTION NO. 32 by Representatives                          
Masek and Dyson:                                                               
                                                                               
Supporting the development of a light rail system to serve the                
corridor between the Matanuska-Susitna Valley and Anchorage.                   
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
                                                                               
HJR 63                                                                       
HOUSE JOINT RESOLUTION NO. 63 by Representative Moses:                         
                                                                               
Relating to support for Mitchell Field Adak airport.                          
                                                                               

1998-02-18                     House Journal                      Page 2352
HJR 63                                                                       
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the Transportation Committee.              
                                                                               
                                                                               
HJR 64                                                                       
HOUSE JOINT RESOLUTION NO. 64 by Representatives Croft and                     
Elton:                                                                         
                                                                               
Relating to an amendment to the Constitution of the United States             
establishing term limits for members of the United States                      
Congress; and, alternatively, calling for a constitutional convention          
under Article V of the Constitution of the United States.                      
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 427                                                                       
HOUSE BILL NO. 427 by Representative Ryan, entitled:                           
                                                                               
"An Act directing the Department of Health and Social Services                
to contract with a nonprofit group to perform certain activities               
relating to the provision of mental health services under the                  
medical assistance program for persons under the age of 22; and                
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 428                                                                       
HOUSE BILL NO. 428 by Representatives James, Dyson and Croft,                  
entitled:                                                                      
                                                                               
"An Act relating to ferry travel by disabled veterans."                       
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs Committee.               

1998-02-18                     House Journal                      Page 2353
HB 429                                                                       
HOUSE BILL NO. 429 by Representative Austerman, entitled:                      
                                                                               
"An Act relating to vocational education."                                    
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
HB 430                                                                       
HOUSE BILL NO. 430 by Representatives Kott and Mulder, entitled:               
                                                                               
"An Act relating to noneconomic damages resulting from an                     
automobile accident."                                                          
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 431                                                                       
HOUSE BILL NO. 431 by Representative Masek, entitled:                          
                                                                               
"An Act relating to the Tokositna Public Use Area."                           
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
HB 432                                                                       
HOUSE BILL NO. 432 by Representative Cowdery, entitled:                        
                                                                               
"An Act relating to the bond authorization for international airports         
revenue bonds; and providing for an effective date."                           
                                                                               
was read the first time and referred to the House Special Committee            
on International Trade & Tourism and the Transportation and Finance            
Committees.                                                                    
                                                                               
HB 433                                                                       
HOUSE BILL NO. 433 by Representative Rokeberg, entitled:                       
                                                                               
"An Act establishing a tax credit for taxpayers engaged in a trade            
or business who employ certain persons who are state residents;                
and providing for an effective date."                                          
                                                                               

1998-02-18                     House Journal                      Page 2354
HB 433                                                                       
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 434                                                                       
HOUSE BILL NO. 434 by Representative Rokeberg, entitled:                       
                                                                               
"An Act requiring drug testing for applicants for and recipients of           
assistance under the Alaska temporary assistance program; and                  
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
HB 435                                                                       
HOUSE BILL NO. 435 by Representative Rokeberg, entitled:                       
                                                                               
"An Act relating to the consumer price index; and providing for an            
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 436                                                                       
HOUSE BILL NO. 436 by Representative Davies, entitled:                         
                                                                               
"An Act relating to assistive technology and mobility aids."                  
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
HB 437                                                                       
HOUSE BILL NO. 437 by Representative Davies, entitled:                         
                                                                               
"An Act relating to receipt of permanent fund dividends by certain            
individuals who have been absent from the state for more than 180              
days during a year; and providing for an effective date."                      
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               

1998-02-18                     House Journal                      Page 2355
HB 438                                                                       
HOUSE BILL NO. 438 by Representative Ryan, entitled:                           
                                                                               
"An Act establishing an exemption for investment clubs from the               
business license requirement."                                                 
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 439                                                                       
HOUSE BILL NO. 439 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to protection of victims of domestic violence and            
stalking; relating to the crimes of stalking and assault and crimes            
involving domestic violence; relating to violation of a protective             
order, no contact order, and certain testing orders; relating to bail          
and conditions of release in cases involving certain stalkings;                
relating to search warrants; relating to authorized sentences and              
factors in aggravation and mitigation; relating to conditions of               
probation and parole for convictions of certain crimes; relating to            
revocation of parole; and amending Rules 32 and 38, Alaska Rules               
of Criminal Procedure."                                                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 2/18/98                                  
Fiscal note, Dept. of Corrections, 2/18/98                                     
Fiscal note, Dept. of Public Safety, 2/18/98                                   
Zero fiscal note, Dept. of Law, 2/18/98                                        
                                                                               
The Governor's transmittal letter dated February 16, 1998, appears             
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
One of the most important goals of this Administration is safe, healthy        
communities.  This  bill  I am transmitting  will  help make Alaskans          

1998-02-18                     House Journal                      Page 2356
HB 439                                                                       
more secure in their homes and neighborhoods in several ways.  It will         
assist law enforcement in the investigation and prevention of crimes,          
provide more tools to prosecute criminal offenders, clarify the                
management of parolees, and give victims the power to help protect             
themselves from further criminal acts.  The bill specifically targets          
crimes and victims of stalking and domestic violence.                          
                                                                               
Two years ago, the Legislature passed the Domestic Violence                    
Prevention and Victim Protection Act of 1996 (Act), a comprehensive            
approach to the devastating violence that affects so many Alaska               
families.  Domestic violence costs our society dearly in many ways;            
perhaps the most expensive is the passing to members of yet another            
generation the belief that violence is an acceptable way to interact with      
each other.  Since its enactment into law, the Act has had a significant       
impact on the safety of family members in Alaska.  For example, the            
mandatory arrest policy has diffused many dangerous situations, giving         
victims the time to obtain a protective order or take refuge in a shelter.     
Prosecutions for crimes involving domestic violence have increased             
dramatically.  People from diverse areas are participating in training         
programs to increase their effectiveness in helping domestic violence          
victims, including peace officers, medical professionals, and social           
workers.                                                                       
                                                                               
Experience has now shown there are areas where this law can be                 
improved, particularly in protecting victims not covered by the Act.           
Victims of stalking by a non-household member are as much in need              
of protection as victims stalked by a member of the household.  This           
bill provides the procedures to obtain comprehensive civil protection          
orders to prevent stalking, just as is done with protective orders for         
domestic violence.  The bill would make it a class A misdemeanor to            
violate certain provisions of a protective order.  It also amends the          
statutes addressing the pre-trial release, probation, and parole of            
stalkers to provide similar protection to stalking victims as to domestic      
violence victims.                                                              
                                                                               
The bill also increases the stakes for those who commit other crimes           
in addition to stalking or domestic violence.  Fourth degree assaults,         
which are currently misdemeanors, would become third degree class              
C felonies if they were committed while also violating protective              
orders.  The  bill provides that a person who illegally enters a home          

1998-02-18                     House Journal                      Page 2357
HB 439                                                                       
and commits a crime of domestic violence or stalking may be                    
prosecuted for burglary in the first degree, a class B felony, regardless      
of whether the person intended to commit the crime at the time of the          
entry.  The bill also makes violation of a sentencing order to have no         
contact with a victim or witness a class A misdemeanor. These                  
provisions would enhance the ability of law enforcement to keep                
dangerous offenders away from their victims.                                   
                                                                               
The bill puts more teeth into statutes recently enacted into law.  In          
1995 the legislature required the Department of Public Safety to               
establish a deoxyribonucleic acid (DNA) sampling system to help                
identify and prosecute persons who commit serious crimes.  This bill           
requires certain prisoners to provide samples for DNA testing, which           
many have been refusing to do.  Violation of the order is a class A            
misdemeanor.                                                                   
                                                                               
Other provisions of the bill include: clarification for obtaining a search     
warrant to monitor and record conversations; allowing courts to                
consider at sentencing an out-of-state misdemeanor conviction for a            
crime that is a felony in Alaska; and clarification of the Parole Board's      
authority to revoke parole prior to release for noncompliance with             
court-ordered treatment.                                                       
                                                                               
Protection of Alaska's citizens is a goal we must all work to achieve.         
I urge your prompt consideration and passage of this bill.                     
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
HB 440                                                                       
HOUSE BILL NO. 440 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to certain audits regarding oil and gas royalty and          
net profits and to audits regarding costs relating to exploration              
incentive credits and oil and gas exploration licenses; and                    
providing for an effective date."                                              

1998-02-18                     House Journal                      Page 2358
HB 440                                                                       
was read the first time and referred to the House Special Committee            
on Oil & Gas and the Resources Committee.                                      
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (2), Dept. of Natural Resources, 2/18/98                          
Fiscal note, Dept. of Revenue, 2/18/98                                         
                                                                               
                                                                               
The Governor's transmittal letter dated February 16, 1998, appears             
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
In the interest of improving efficiency within state government as well        
as between government and industry, I am transmitting this bill to             
transfer oil and gas royalty audit functions from the Department of            
Revenue (DOR) to the Department of Natural Resources (DNR).  It                
makes sense to put the audit duties in the same department that                
administers, enforces, and is therefore most knowledgeable with, the           
oil and gas leasing program.                                                   
                                                                               
Ironically, the audit functions used to rest with the DNR, but were            
switched to the DOR in 1980 based on a legislative audit report.  The          
recommendation stated that cost savings would be achieved by having            
one staff of auditors review both tax and royalty compliance                   
information.  Since 1980, however, the state has entered into royalty          
settlements with the major North Slope producers and has made                  
changes to its tax regulations.  As a result, there is no longer as much       
overlap between royalty and tax audits.  In addition, the separation of        
the DNR's duty to administer and enforce oil and gas contracts,                
agreements, and leases from the ability to conduct audits leading to           
possible enforcement actions, has resulted in inefficiencies and other         
problems.                                                                      
                                                                               
The bill specifically authorizes the DNR to audit reports and costs            
relating to exploration incentive credits and oil and gas licenses.  It        
also grants the DNR audit powers commensurate to the DOR's current             
audit powers, including the right to subpoena information for audit            
purposes.  The  DNR  and  DOR  would  be  allowed  to  exchange                

1998-02-18                     House Journal                      Page 2359
HB 440                                                                       
confidential information obtained in the course of their respective            
audits; a breach of confidentiality by any agency employee would be            
a misdemeanor offense.                                                         
                                                                               
This bill makes a sensible step in how the state does business with the        
oil and gas industry.                                                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 441                                                                       
HOUSE BILL NO. 441 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to charter schools."                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 442                                                                       
HOUSE BILL NO. 442 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to correctional facilities."                                 
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 443                                                                       
HOUSE BILL NO. 443 by Representatives Dyson and Berkowitz,                     
entitled:                                                                      
                                                                               
"An Act instructing the Department of Corrections to study the                
principles involved in restorative community justice and produce               
a plan for the development of a restorative community justice                  
approach for Alaska; and providing for an effective date."                     
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               

1998-02-18                     House Journal                      Page 2360
HB 444                                                                       
HOUSE BILL NO. 444 by Representative Nicholia, entitled:                       
                                                                               
"An Act relating to paternity determinations; relating to                     
extinguishment of child support arrearages and public assistance               
debt and to reimbursement of payments already made to the state                
on behalf of the child when paternity is administratively                      
disestablished or a court determination of paternity is vacated; and           
amending Rules 60 and 90.3(h), Alaska Rules of Civil Procedure."               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
HB 445                                                                       
HOUSE BILL NO. 445 by Representative Elton, entitled:                          
                                                                               
"An Act establishing the Eagle Beach State Park."                             
                                                                               
was read the first time and referred to the State Affairs, Resources and       
Finance Committees.                                                            
                                                                               
HB 446                                                                       
HOUSE BILL NO. 446 by Representative Berkowitz, entitled:                      
                                                                               
"An Act relating to an individual's privacy interest in, and other            
aspects of, records about individuals."                                        
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 447                                                                       
HOUSE BILL NO. 447 by Representative Croft, entitled:                          
                                                                               
"An Act relating to prohibiting persons with convictions for crimes           
involving domestic violence or stalking or who are respondents in              
domestic violence protective orders from possessing deadly                     
weapons when contacting the victim of the offense or the                       
petitioner or other person protected by the protective order; and              
defining 'domestic violence or sexual assault shelter' for purposes            
of misconduct involving weapons in the fifth degree."                          
                                                                               

1998-02-18                     House Journal                      Page 2361
HB 447                                                                       
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
                                                                               
HB 448                                                                       
HOUSE BILL NO. 448 by Representatives Therriault and Kelly,                    
entitled:                                                                      
                                                                               
"An Act making an appropriation to the University of Alaska for               
deferred maintenance and code compliance; and providing for an                 
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 449                                                                       
HOUSE BILL NO. 449 by Representative Therriault, entitled:                     
                                                                               
"An Act relating to certain individual retirement accounts."                  
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
HB 450                                                                       
HOUSE BILL NO. 450 by Representative Croft, entitled:                          
                                                                               
"An Act relating to the combination of grades that constitute junior          
high, middle, or high school."                                                 
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and State Affairs Committees.                                         
                                                                               
HB 451                                                                       
HOUSE BILL NO. 451 by Representatives Green and Berkowitz,                     
entitled:                                                                      
                                                                               
"An Act relating to assistive technology devices and mobility aids            
for physically disabled persons."                                              
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          

1998-02-18                     House Journal                      Page 2362
HB 452                                                                       
HOUSE BILL NO. 452 by Representative Green, entitled:                          
                                                                               
"An Act relating to registration, disclosures, and reports by certain         
nonprofit corporations."                                                       
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
HB 453                                                                       
HOUSE BILL NO. 453 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to juvenile records, to criminal records of those            
associated with juveniles, and to foster care, child care facilities,          
residential child care facilities, child placement agencies, and               
maternity homes."                                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
                                                                               
HB 454                                                                       
HOUSE BILL NO. 454 by Representative Green, entitled:                          
                                                                               
"An Act relating to the exemption from the requirement for the                
payment of overtime wages for an individual employed in an                     
executive, administrative, or professional capacity."                          
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
HB 455                                                                       
HOUSE BILL NO. 455 by Representative Kohring, entitled:                        
                                                                               
"An Act relating to the functions of the Department of                        
Environmental Conservation; and providing for an effective date."              
                                                                               
was read the first time and referred to the Resources, Health, Education       
& Social Services and Finance Committees.                                      
                                                                               

1998-02-18                     House Journal                      Page 2363
HB 456                                                                       
HOUSE BILL NO. 456 by Representative Dyson, entitled:                          
                                                                               
"An Act relating to foster parents; relating to the right of foster           
parents to have notice of, and testify at, child-in-need-of-aid                
hearings and delinquency hearings and to the disclosure of minors'             
records to foster parents; relating to children in need of aid;                
amending Rules 3, 7, 10, 15, and 17 - 19, Alaska Child in Need                 
of Aid Rules; and amending Rules 3, 7, 10, 12, 21, 23, and 25,                 
Alaska Delinquency Rules."                                                     
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
HB 457                                                                       
HOUSE BILL NO. 457 by Representative Kohring, entitled:                        
                                                                               
"An Act relating to contracts for public construction projects."              
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 458                                                                       
HOUSE BILL NO. 458 by the House Labor & Commerce Committee                     
by request, entitled:                                                          
                                                                               
"An Act relating to establishing a golf course alcoholic beverage             
license to allow sales of beer and wine; and providing for an                  
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 343                                                                       
The following was read the second time:                                        
                                                                               

1998-02-18                     House Journal                      Page 2364
HB 343                                                                       
HOUSE BILL NO. 343                                                            
"An Act excluding certain motor vehicles from the definition of               
commercial motor vehicle."                                                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  CS(TRA) 6DP                                             2216         
	2 ZERO FISCAL NOTES (ADM, DOT)                                   2217         
                                                                               
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. 343(TRA)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
343(TRA) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 343(TRA) was read the third time.                                         
                                                                               
Representative Davis moved and asked unanimous consent that he be              
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Davis was required to vote.                      
                                                                               
The question being:  "Shall CSHB 343(TRA) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 343(TRA)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  4   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins,              
Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,           
Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Ryan,                
Sanders, Williams                                                              

1998-02-18                     House Journal                      Page 2365
HB 343                                                                       
Excused:  Foster, James, Rokeberg, Vezey                                       
                                                                               
Absent:  Ogan, Therriault                                                      
                                                                               
And so, CSHB 343(TRA) 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 - Daryn Colledge, Eagle Scout                                         
By Representatives Vezey, Phillips, Berkowitz, Brice, Bunde, Davies,           
Davis, Dyson, Green, Grussendorf, Hanley, Ivan, James, Joule,                  
Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg,               
Ryan, Sanders, Therriault, Williams                                            
                                                                               
                                                                               
Honoring - Harley Sundown                                                      
By Senator Adams; Representatives Berkowitz, Brice, Davies, Davis,             
Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder,                
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams                      
                                                                               
Honoring - Lisa Nolan, Homer Chamber of Commerce 1997 Citizen                  
of the Year                                                                    
By Senator Torgerson; Representatives Phillips, Berkowitz, Brice,              
Davies, Davis, Green, Grussendorf, Hanley, Hodgins, Ivan, James,               
Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan,                 
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
                                                                               
Honoring - John Robert "Bob" Roses, BP Teacher of Excellence                   
By Senator Phillips; Representatives Mulder, Phillips, Berkowitz,              
Brice, Bunde, Davies, Davis, Dyson, Green, Grussendorf, Hanley, Ivan,          
James, Joule, Kemplen, Kohring, Kott, Kubina, Nicholia, Ogan, Porter,          
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
                                                                               

1998-02-18                     House Journal                      Page 2366
                             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 Sanders - from noon, plane time, February 20 to                 
9:30a.m., plane time, February 23, 1998                                        
                                                                               
Representative Hodgins - from 1:40 p.m., plane time, February 26 to            
9:38a.m., plane time, March 2, 1998                                            
                                                                               
Representative Moses - from 6:30 a.m., plane time, February 20 to              
9:30p.m., plane time, February 23, 1998                                        
                                                                               
Representative Williams - from 8:15 a.m., plane time, February 19 to           
8:36 p.m., plane time, February 22, 1998                                       
                                                                               
Representative Davis - from 6:45 p.m., plane time, February 26 to              
9:38a.m., plane time, March 2, 1998; and, from 6:00 a.m., plane time,          
March 14 to 11:00p.m., plane time, March 17, 1998                              
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Mulder moved and asked unanimous consent that the               
citation, Honoring - Alaska National Guard Youth Corps School,                 
Graduating Class 98-1, be taken up as a Special Order of Business at           
this time.  There being no objection, it was so ordered.                       
                                                                               
Representative Mulder moved and asked unanimous consent that the               
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
Honoring - Alaska National Guard Youth Corps School, Graduating                
Class 98-1                                                                     
By Representatives Mulder, Phillips, Barnes, Berkowitz, Brice, Bunde,          
Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Ivan,          
Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Nicholia,                
Ogan, Porter, Ryan, Sanders, Therriault, Williams                              
                                                                               
                                                                               

1998-02-18                     House Journal                      Page 2367
                             UNFINISHED BUSINESS                             
                                                                               
HB 293                                                                       
Representatives Berkowitz and Croft added their names as cosponsors            
to:                                                                            
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 293                                     
"An Act relating to collection of settlement information in civil             
litigation; and providing for an effective date."                              
                                                                               
HB 416                                                                       
Representative Therriault added his name as cosponsor to:                      
                                                                               
HOUSE BILL NO. 416                                                            
"An Act relating to competition in the provision of local exchange            
telephone service; and providing for an effective date."                       
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 343                                                                       
CSHB 343(TRA) 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, 2/18         
                                                                               
Joint Session                                                                  
U.S. Senator Ted Stevens' address                     10:00 a.m., 2/19         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 9:45 a.m., February 19, 1998.  There being no              
objection, the House adjourned at 11:22 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk