Legislature(1997 - 1998)
1998-02-20 House Journal
Full Journal pdf1998-02-20 House Journal Page 2375 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 20, 1998 Fortieth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:12 a.m. Roll call showed 30 members present. Representatives Kott, Masek, Nicholia and Williams had been previously excused from a call of the House today. Representative Moses' previous excuse (page 2366) was withdrawn. Representatives Davis, Hanley and Therriault were absent and their presence was noted later. Representative Mulder was absent. 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 James - today Representative Joule - from 6:30 a.m., plane time, today to 9:26 p.m., plane time, February 22, 1998 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: "O Creator, May we be reminded here of our highest aspirations, and inspired to bring our gifts of love and service to the altar of humanity. 1998-02-20 House Journal Page 2376 May we know once again that we are not isolated beings but connected, in mystery and miracle, to the universe, to this community and to each other." The Pledge of Allegiance was led by Representative Sanders. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 38th and 39th legislative days and Senate and House Joint Journal Supplement No. 13 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 39 A message dated February 19, 1998, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 39 Urging the United States Congress to enact legislation that prohibits the President of the United States from extending or establishing national monuments without the express authorization of the Congress. HJR 39 was referred to the Chief Clerk for enrollment. **The presence of Representative Davis was noted. REPORTS OF STANDING COMMITTEES HCR 24 The Finance Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 24 Relating to the use of prototype designs in public school construction projects. and recommends it be replaced with: 1998-02-20 House Journal Page 2377 HCR 24 CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (8): Therriault, Mulder, Martin, Kohring, Davies, Moses, Kelly, Foster No recommendation (1): Grussendorf The following fiscal note applies to CSHCR 24(FIN): Indeterminate fiscal note, Dept. of Education, 2/6/98 HCR 24 was referred to the Rules Committee for placement on the calendar. HJR 53 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 53 Relating to support for federal legislation providing for the continuation of the University of Alaska by the conveyance of federal land to the university. The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (9): Therriault, Mulder, Martin, Kohring, Davies, Grussendorf, Moses, Davis, Foster The following fiscal note applies: Zero fiscal note, House Finance Committee/University of Alaska, 2/20/98 HJR 53 was referred to the Rules Committee for placement on the calendar. 1998-02-20 House Journal Page 2378 HB 33 The Finance Committee has considered: HOUSE BILL NO. 33 "An Act relating to real estate licensing and the real estate surety fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 33(FIN) "An Act relating to real estate licensees and to the real estate surety fund; relating to the Real Estate Commission; and providing for an effective date." The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: No recommendation (6): Therriault, Hanley, Mulder, Martin, Kohring, Davis Amend (1): Grussendorf The following fiscal note applies to CSHB 33(FIN): Fiscal note, Dept. of Commerce & Economic Development, 1/30/98 HB 33 was referred to the Rules Committee for placement on the calendar. HB 49 The Labor & Commerce Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 49 "An Act establishing and relating to a consumer protection section in the Department of Law; increasing penalties for violation of laws relating to consumer protection; requiring special accounting for money from certain actions related to consumer protection; and providing for an effective date." 1998-02-20 House Journal Page 2379 HB 49 and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 49(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Hudson, Kubina, Brice, Cowdery No recommendation (1): Ryan The following fiscal note applies to CSSSHB 49(L&C): Fiscal note, Dept. of Law, 2/20/98 SSHB 49 was referred to the Judiciary Committee. HB 336 The Judiciary Committee has considered: HOUSE BILL NO. 336 "An Act relating to eligibility for power cost equalization." and recommends it be replaced with: CS FOR HOUSE BILL NO. 336(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Croft, Rokeberg, Porter, Green, Berkowitz Amend (1): Bunde The following fiscal note applies to CSHB 336(JUD): 1998-02-20 House Journal Page 2380 HB 336 Fiscal note, Dept. of Community & Regional Affairs, 2/6/98 HB 336 was referred to the Finance Committee. HB 350 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 350 "An Act requiring that the cost of contraceptives and related health care services be included in health insurance coverage." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (3): Green, Bunde, Kemplen Do not pass (2): Dyson, Porter No recommendation (1): Brice A Health, Education & Social Services Committee letter of intent for HB 350, signed by Representative Bunde, Chair, appears below: "Contraceptive technology is constantly changing, and even medical experts disagree on how certain methods of contraception work. Thus, this committee believes it is unwise for the legislature to dispute specific methods, but that it is very important to clarify the intent of HB 350. This legislation is intended to require insurance providers in Alaska to cover contraceptives and contraceptive services. Contraceptives have the primary purpose of, or special utility for, preventing conception. The committee intends that conception be understood as the fertilization of an ovum. 1998-02-20 House Journal Page 2381 HB 350 The committee does not intend to require insurance coverage for any appliance, drug or medicinal preparation (or related health care service) the primary purpose of which is to affect a fertilized ovum. Put more plainly, the committee does not intend to mandate coverage for abortions." The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 2/20/98 HB 350 was referred to the Labor & Commerce Committee. HB 361 The Transportation Committee has considered: HOUSE BILL NO. 361 "An Act relating to private maintenance of state highways." and recommends it be replaced with: CS FOR HOUSE BILL NO. 361(TRA) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Hudson, Cowdery, Masek, Williams No recommendation (3): Elton, Kookesh, Sanders The following fiscal note applies to CSHB 361(TRA): Zero fiscal note, Dept. of Transportation & Public Facilities, 2/20/98 HB 361 was referred to the Rules Committee for placement on the calendar. 1998-02-20 House Journal Page 2382 HB 387 The Labor & Commerce Committee has considered: HOUSE BILL NO. 387 "An Act relating to dentists." and recommends it be replaced with: CS FOR HOUSE BILL NO. 387(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Cowdery, Rokeberg No recommendation (4): Brice, Ryan, Hudson, Sanders The following fiscal note applies to CSHB 387(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 2/20/98 HB 387 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 274 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 274 "An Act relating to the qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 274(O&G) (same title) 1998-02-20 House Journal Page 2383 HB 274 The report was signed by Representative Hodgins, Chair, with the following individual recommendations: Do pass (3): Bunde, Hodgins, Rokeberg No recommendation (4): Kemplen, Ryan, Ogan, Brice The following fiscal note applies to CSHB 274(O&G): Zero fiscal note, House Special Committee on Oil & Gas, 2/20/98 HB 274 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mat-Su College, Fortieth Anniversary By Representatives Kohring, Ogan; Senator Green Honoring - Darcie Salmon By Representatives Kohring, Ogan, Masek; Senators Green, Halford Honoring - Warren and Dorcas Neakok By Representative Joule; Senator Adams Honoring - Mat-Su Miners, NBC World Series Champions By Senators Green, Halford; Representative Ogan In Memoriam - Richard Kincaid By Senator Ward; Representative Kohring INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 459 HOUSE BILL NO. 459 by the House Health, Education & Social Services Committee, entitled: 1998-02-20 House Journal Page 2384 HB 459 "An Act relating to medical assistance for certain disabled persons; relating to the priorities established for the medical assistance program." was read the first time and referred to the Health, Education & Social Services Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 296 The following was read the second time: HOUSE BILL NO. 296 "An Act extending the termination date of the Alaska Minerals Commission." with the: Journal Page RES RPT 6DP 2178 ZERO FISCAL NOTE (DCED) 2178 Representative Porter moved and asked unanimous consent that HB296 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 296 was read the third time. **The presence of Representatives Hanley and Therriault was noted. The question being: "Shall HB 296 pass the House?" The roll was taken with the following result: HB 296 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 1998-02-20 House Journal Page 2385 HB 296 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Moses, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: James, Joule, Kott, Masek, Nicholia, Williams Absent: Mulder And so, HB 296 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 63 The following was read the second time: SENATE BILL NO. 63 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors." with the: Journal Page JUD RPT 4DP 1NR 1404 SEN INDETERMINATE FN (ADM) 3/27/97 1404 SEN INDETERMINATE FN (S.FIN/COR) 4/10/97 1404 SEN FISCAL NOTE (COURT) 4/1/97 1404 SENATE ZERO FISCAL NOTE (DPS) 3/27/97 1404 FIN RPT HCS(FIN) 6DP 2NR 2199 FISCAL NOTE (COR) 2200 INDETERMINATE FN (COURT) 2200 2 INDETERMINATE FNS (ADM) 2200 2 ZERO FNS (DPS, DHSS) 2200 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1998-02-20 House Journal Page 2386 SB 63 HOUSE CS FOR SENATE BILL NO. 63(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS SB 63(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 63(FIN) was read the third time. The question being: "Shall HCS SB 63(FIN) pass the House?" The roll was taken with the following result: HCS SB 63(FIN) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Moses, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: James, Joule, Kott, Masek, Nicholia, Williams Absent: Mulder And so, HCS SB 63(FIN) 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: 1998-02-20 House Journal Page 2387 Honoring - Micah Jered Ferrell, Eagle Scout By Representatives Vezey, Phillips, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Ivan, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Williams Honoring - Judy Tobacco By Representatives Mulder, Barnes, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Ivan, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Ryan, Sanders, Williams In Memoriam - F. Patrick Cartee By Representatives Rokeberg, Hodgins, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hanley, Ivan, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Williams In Memoriam - Edward Thomas "Ted" McHenry By Senator Lincoln; Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Ivan, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Williams CONCUR IN SENATE AMENDMENTS HCR 19 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 2299) on the following at this time: HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the Alaska Council of Deaf, Hard of Hearing, and Deaf/Blind. and SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(HES) Relating to the Alaska Deaf, Hard of Hearing, and Deafblind Council. There being no objection, it was so ordered. 1998-02-20 House Journal Page 2388 HCR 19 Representative Porter moved that the House concur in the Senate amendment to HCR 19, thus adopting SCS HCR 19(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HCR 19?" The roll was taken with the following result: SCS HCR 19(HES) Concur YEAS: 32 NAYS: 0 EXCUSED: 6 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Moses, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: James, Joule, Kott, Masek, Nicholia, Williams Absent: Hanley, Mulder And so, the House concurred in the Senate amendment, thus adopting SCS HCR 19(HES). The Chief Clerk was instructed to so notify the Senate. SCS HCR 19(HES) was referred to the Chief Clerk for enrollment. 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 Elton - from 6:25 a.m., plane time, February 27 to 9:26p.m., plane time, February 28, 1998 Representative Croft - from 6:45 p.m., plane time, February 20 to 9:38a.m., plane time, February 23, 1998 1998-02-20 House Journal Page 2389 Representative Austerman - from 2:59 p.m., plane time, March 22 to 10:02 a.m., plane time, March 25, 1998; and, from 6:45 p.m., plane time, March 26 to 9:26 p.m., plane time, March 30, 1998 Representative Bunde - from 6:39 p.m., plane time, February 20 to 9:26p.m., plane time, February 22, 1998 Representative Porter moved and asked unanimous consent that the House revert to Messages from the Senate. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 20, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 275 CS FOR SENATE BILL NO. 275(STA) by the Senate State Affairs Committee, entitled: "An Act specifying time periods for making, soliciting, or accepting campaign contributions to candidates for state office; and providing for an effective date." was read the first time and referred to the State Affairs Committee. UNFINISHED BUSINESS HJR 47 Representatives Ogan and Vezey added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 47 Proposing amendments to the Constitution of the State of Alaska relating to the nomination, selection, appointment, and public approval or rejection of justices of the supreme court and of judges of courts established by the legislature that have as an exclusive 1998-02-20 House Journal Page 2390 HJR 47 purpose the exercise of appellate jurisdiction over judicial acts and proceedings, and requiring legislative confirmation of those justices and judges and of the appointed members of the judicial council. HJR 53 Representative Foster added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 53 Relating to support for federal legislation providing for the continuation of the University of Alaska by the conveyance of federal land to the university. HJR 56 Representative Kookesh added his name as cosponsor following Representative Williams to: HOUSE JOINT RESOLUTION NO. 56 Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. HB 7 Representative Dyson added his name as cosponsor to: CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts." HB 33 Representative Porter added his name as cosponsor to: HOUSE BILL NO. 33 "An Act relating to real estate licensing and the real estate surety fund; and providing for an effective date." 1998-02-20 House Journal Page 2391 HB 40 Representative Therriault added his name as cosponsor to: HOUSE BILL NO. 40 "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; and providing for an effective date." HB 412 Representatives Sanders, Ryan, Ivan and Hudson added their names as cosponsors to: HOUSE BILL NO. 412 "An Act providing for the transfer of certain land to the City of Whittier; and providing for an effective date." SB 63 Representative Ryan added his name as cross sponsor to: HOUSE CS FOR SENATE BILL NO. 63(FIN) "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors." ENGROSSMENT HB 296 HB 296 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 63 HCS SB 63(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-02-20 House Journal Page 2392 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus upon adj., 2/20 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 23, 1998. There being no objection, the House adjourned at 11:43 a.m. Suzi Lowell Chief Clerk