Legislature(1997 - 1998)
1998-02-23 House Journal
Full Journal pdf1998-02-23 House Journal Page 2399 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 23, 1998 Forty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:13 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Associate Pastor Mary Ann Warden of the Northern Light United Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Morning by morning You awaken us, O God; You surround us with countless acts that tell of Your majesty; we are struck by Your goodness as we are refreshed in Your Spirit. Great source of light, wisdom, and truth, You make all things new by the radiance of Your transforming love. We give thanks for the Christ who leads us to the mountain and there sets before us Your plan for creation. We give thanks that You speak from behind the clouds that surround us, sending forth hope that we may travel Your path of new life. We give You thanks for Your Spirit who dwells among us, encouraging us to follow Your call for justice and peace. Continue to enlighten us with Your word, that we may ever be faithful to what You would have us be and do. Spread Your wisdom abroad a land whose leaders so often lack direction. We speak of peace while the thunder of war 1998-02-23 House Journal Page 2400 is heard in distant corners of the earth. You command us to love neighbors, but we are prisoners of self-interest and greed. Pleas for justice fall on deaf ears. Bring order to our chaos, O God, and restore us through a vision of Your care for all. As we descend the mountain, accompany us on our journey of faithfulness. In the wilderness, help us to know that You will not forsake us. In the city's streets, direct us to the needy and show us that wherever we go You are with us. Amen." The Pledge of Allegiance was led by Representative Moses. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 40th, 41st and 42nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 26 A message dated February 20, 1998, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 26 Urging support of the 1998 International People First Conference. HCR 26 was referred to the Chief Clerk for enrollment. HB 309 A message dated February 20, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 309(RLS) "An Act naming the Robert B. Atwood Building." CSHB 309(RLS) was referred to the Chief Clerk for enrollment. 1998-02-23 House Journal Page 2401 SB 240 A message dated February 20, 1998, was read stating the Senate respectfully requests the return of the following bill: SENATE BILL NO. 240(title am) "An Act repealing the tax on punchboards and coin-operated amusement devices; and providing for an effective date." The Speaker granted the request and SB 240(title am) was returned to the Senate. FIRST READING AND REFERENCE OF SENATE BILLS A message dated February 20, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 265 SENATE BILL NO. 265 by Senators Torgerson, Pearce, Taylor, Kelly, Wilken, Miller and Leman, entitled: "An Act designating the moose as the state land mammal." was read the first time and referred to the State Affairs Committee. REPORTS OF STANDING COMMITTEES HB 285 The Resources Committee has considered: HOUSE BILL NO. 285 "An Act relating to suspension or revocation of commercial fishing permits and privileges." and recommends it be replaced with: CS FOR HOUSE BILL NO. 285(RES) "An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date." 1998-02-23 House Journal Page 2402 HB 285 The report was signed by Representatives Hudson and Ogan, Co- chairs, with the following individual recommendations: Do pass (4): Joule, Green, Ogan, Hudson No recommendation (1): Barnes The following fiscal note applies to CSHB 285(RES): Zero fiscal note, Dept. of Fish & Game, 2/23/98 HB 285 was referred to the Judiciary Committee. HB 373 The Resources Committee has considered: HOUSE BILL NO. 373 "An Act relating to forests and forestry practices." and recommends it be replaced with: CS FOR HOUSE BILL NO. 373(RES) "An Act making changes to the Forest Resources and Practices Act; classifying anadromous streams and tributaries; relating to the designation of riparian areas; establishing buffers and slope stability standards on certain streams; and requiring retention of low value timber along certain water bodies where prudent." The report was signed by Representatives Hudson and Ogan, Co- chairs, with the following individual recommendations: Do pass (4): Joule, Green, Ogan, Hudson No recommendation (1): Barnes The following fiscal note applies to CSHB 373(RES): Zero fiscal note, Dept. of Natural Resources, 2/23/98 1998-02-23 House Journal Page 2403 HB 373 HB 373 was referred to the Rules Committee for placement on the calendar. SB 122 The State Affairs Committee has considered: SENATE BILL NO. 122 "An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 122(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Elton, Berkowitz, Dyson No recommendation (2): Ivan, Hodgins The following fiscal note applies to HCS SB 122(STA): Zero fiscal note, Dept. of Commerce & Economic Development, 2/23/98 SB 122 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Better Business Bureau of Alaska, 15th Anniversary By Senator Kelly 1998-02-23 House Journal Page 2404 Honoring - Jan Gladish, Anchor Point Chamber of Commerce, 1997 Citizen of the Year By Senator Torgerson Commemorating - National Medical Laboratory Week, April 12-18, 1998 By Senator Torgerson CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 193 The following was read the second time: HOUSE BILL NO. 193 "An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date." with the: Journal Page HES RPT CS(HES) 4DP 2NR 1441 FISCAL NOTE (DOE) 1442 FIN RPT CS(FIN) 9DP 1NR 2233 FISCAL NOTE (DOE) 2233 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. 193(FIN) (same title) Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representatives Berkowitz and Bunde: Page 2, line 30, following "medical residency": Insert "or a medical fellowship" 1998-02-23 House Journal Page 2405 HB 193 Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Objections were heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Davies: Page 3, line 20: Delete "begins" Insert "is accepted into" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 193(FIN) am Second Reading Amendment No. 2 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Phillips, Therriault, Williams Nays: Austerman, Barnes, Bunde, Dyson, Green, Hanley, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey And so, Amendment No. 2 was adopted. Representative Porter moved and asked unanimous consent that CSHB 193(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-02-23 House Journal Page 2406 HB 193 CSHB 193(FIN) am was read the third time. The question being: "Shall CSHB 193(FIN) am pass the House?" The roll was taken with the following result: CSHB 193(FIN) am Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Davies And so, CSHB 193(FIN) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 193(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 29 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 29 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. The following fiscal note was submitted by the Rules Committee: Zero fiscal note, House Rules Committee, 2/23/98 1998-02-23 House Journal Page 2407 HCR 29 The question being: "Shall HCR 29 pass the House?" The roll was taken with the following result: HCR 29 Second Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies Absent: Ogan And so, HCR 29 passed the House and was referred to the Chief Clerk for engrossment. HCR 30 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 30 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. The following fiscal note was submitted by the Rules Committee: Zero fiscal note, House Rules Committee, 2/23/98 The question being: "Shall HCR 30 pass the House?" The roll was taken with the following result: HCR 30 Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1998-02-23 House Journal Page 2408 HCR 30 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Ogan And so, HCR 30 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 - Mat-Su College, Fortieth Anniversary By Representatives Kohring, Ogan, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, Kelly, Kemplen, Kubina, Martin, Masek, Mulder, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Green Honoring - Darcie Salmon By Representatives Kohring, Ogan, Masek, Brice, Croft, Davies, Davis, Dyson, Grussendorf, Ivan, Kelly, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Green, Halford Honoring - Warren and Dorcas Neakok By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, Kelly, Kemplen, Kubina, Mulder, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Adams Honoring - Mat-Su Miners, NBC World Series Champions By Senators Green, Halford; Representatives Ogan, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Ivan, Kelly, Kemplen, Kohring, Kubina, Masek, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-02-23 House Journal Page 2409 In Memoriam - Richard Kincaid By Senator Ward; Representatives Kohring, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Ivan, Kelly, Kubina, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 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 Ogan - from 6:25 a.m., plane time, March 6 to 9:26p.m., plane time, March 8, 1998 Representative Moses - from 6:45 p.m., plane time, February 26 to 9:30 p.m., plane time, March 2, 1998 Representative Kemplen - from 12:30 p.m., plane time, March 6 to 9:30 p.m., plane time, March 8, 1998; and, from 12:30 p.m., plane time, March 13 to 9:30 p.m., plane time, March 17, 1998 Representative Joule - from 6:45 p.m., plane time, February 28 to 9:26p.m., plane time, March 4, 1998; and, from 6:45 p.m., plane time, March 7 to 9:26 p.m., plane time, March 11, 1998 Representative Austerman - from 6:45 p.m., plane time, today to 9:26p.m., plane time, February 28, 1998 (amended from page 2268) HB 412 Representatives Foster and Martin 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." SCR 2 Representative Kohring added his name as cross sponsor to: CS FOR SENATE CONCURRENT RESOLUTION NO. 2(RES) Relating to management of Alaska's wildlife resources. 1998-02-23 House Journal Page 2410 SB 265 Representative Nicholia added her name as cross sponsor to: SENATE BILL NO. 265 "An Act designating the moose as the state land mammal." ENGROSSMENT HCR 29 HCR 29 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 30 HCR 30 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 193 CSHB 193(FIN) am 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. Joint Session State of the Judiciary Address 11:00 a.m., 2/25 The following meeting today has been changed as indicated: Finance Committee 1:30 p.m., 2/23 HB 264 POSTPONED ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 25, 1998. There being no objection, the House adjourned at 12:21 p.m. Suzi Lowell Chief Clerk