Legislature(1997 - 1998)
1998-02-18 House Journal
Full Journal pdf1998-02-18 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