Legislature(1997 - 1998)
1998-02-27 House Journal
Full Journal pdf1998-02-27 House Journal Page 2447 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 27, 1998 Forty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:11 a.m. Roll call showed 27 members present. Representatives Austerman, Davis, Hodgins, Ivan, Moses, Mulder, Nicholia and Porter had been previously excused from a call of the House today. Representatives Barnes, Hanley, Kott and Therriault were absent and their presence was noted later. Representative Foster, Acting Majority Leader, moved and asked unanimous consent that Representative Sanders be excused from a call of the House from today to 9:30 a.m., plane time, March 2, 1998. There being no objection, it was so ordered. The invocation was offered by the Chaplain Designee, Representative Ogan. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "A search of God's statutes turns up many bits of wisdom. In the book of James 3:16, 'For where you have envy and selfish ambition, there you find disorder and every evil practice.' Lord, let us set aside envy and selfish ambition. Let us not boast that God is on our side, but rather, give us a clear vision of what we must do to be on Your side. 1998-02-27 House Journal Page 2448 In the book of Matthew 12:25, Jesus said, 'Every kingdom divided against itself will be ruined, and every city or household divided against itself will not stand.' Lord, I pray for all the people in this building that truly sacrifice to serve the people of this state. I pray for reconciliation and forgiveness amongst the people of this great state. I pray for understanding and respect for our cultural and religious differences. As our Creator, I know that You see each and every one of us as unique, not based on the outward person, but the condition of our hearts. A song by Ricky Skaggs goes like this: 'A rich man writes the book of laws that a poor man must defend, but the highest laws are written on the hearts of honest men.' May the men and women of this 20th Legislature write the highest laws. Amen." The Pledge of Allegiance was led by Representative Kelly. CERTIFICATION OF THE JOURNAL Representative Foster moved and asked unanimous consent that the journal for the 45th and 46th legislative days and House & Senate Joint Journal Supplement No. 14 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 29 A message dated February 26, 1998, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 29 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. HCR 29 was referred to the Chief Clerk for enrollment. 1998-02-27 House Journal Page 2449 HCR 30 A message dated February 26, 1998, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 30 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. HCR 30 was referred to the Chief Clerk for enrollment. HB 265 A message dated February 27, 1998, was read stating the Senate respectfully requests the return of the following bill: SENATE CS FOR CS FOR HOUSE BILL NO. 265(RLS) am S "An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor." The Speaker granted the request and SCS CSHB 265(RLS) am S was returned to the Senate. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and appear in House Journal Supplement No. 11 and Senate & House Joint Journal Supplement No. 15. REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the appointment of the following individual and recommends it to the House for consideration: Dennis E. Cook as a public member of the Select Committee on Legislative Ethics. The report was signed by Representative James, Chair; and, Representatives Ivan, Vezey, Elton, Dyson, Hodgins and Berkowitz. 1998-02-27 House Journal Page 2450 HJR 52 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 52 Relating to opposition to the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. The report was signed by Representatives Hudson and Ogan, Co- chairs, with the following individual recommendations: Do pass (8): Dyson, Williams, Green, Barnes, Masek, Ogan, Hudson, Joule The following fiscal note applies: Zero fiscal note, House Resources Committee, 2/27/98 HJR 52 was referred to the Rules Committee for placement on the calendar. HJR 56 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 56 Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. The report was signed by Representatives Hudson and Ogan, Co- chairs, with the following individual recommendations: Do pass (8): Dyson, Williams, Green, Barnes, Masek, Ogan, Hudson, Joule The following fiscal note applies: Zero fiscal note, House Resources Committee, 2/27/98 HJR 56 was referred to the Rules Committee for placement on the calendar. 1998-02-27 House Journal Page 2451 HB 245 The Finance Committee has considered: HOUSE BILL NO. 245 "An Act relating to minimum sentences for assault in the fourth degree that is a crime involving domestic violence; providing that a prisoner may not contact the victim of the offense when provided access to a telephone or otherwise immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal Procedure." and recommends it be replaced with: CS FOR HOUSE BILL NO. 245(FIN) "An Act relating to the minimum sentences for assault in the fourth degree that is a crime involving domestic violence; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; and amending Rule 5(b), Alaska Rules of Criminal Procedure." The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (2): Martin, Grussendorf No recommendation (6): Therriault, Hanley, Mulder, Davis, Kelly, Moses Amend (2): Kohring, Davies The following fiscal notes apply to CSHB 245(FIN): Indeterminate fiscal note, Dept. of Administration, 2/27/98 Indeterminate fiscal note, Dept. of Corrections, 2/27/98 Zero fiscal note, Dept. of Administration, 2/27/98 Zero fiscal note, Dept. of Public Safety, 2/27/98 HB 245 was referred to the Rules Committee for placement on the calendar. 1998-02-27 House Journal Page 2452 HB 285 The Judiciary 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." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (4): Porter, Croft, James, Bunde Amend (3): Rokeberg, Green, Berkowitz The following fiscal notes apply to CSHB 285(RES): Zero fiscal note, Dept. of Public Safety, 2/27/98 Zero fiscal note, Dept. of Fish & Game, 2/23/98 HB 285 was referred to the Rules Committee for placement on the calendar. HB 377 The State Affairs Committee has considered: HOUSE BILL NO. 377 "An Act relating to filling a vacancy in the office of United States senator or in an office in the state legislature." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Dyson, Vezey, Hodgins 1998-02-27 House Journal Page 2453 HB 377 The following fiscal note applies: Zero fiscal note, Office of the Governor, 2/27/98 HB 377 was referred to the Rules Committee for placement on the calendar. HB 383 The Labor & Commerce Committee has considered: HOUSE BILL NO. 383 "An Act relating to expected deaths that occur at home or in a health care facility." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Kubina, Ryan, Hudson, Rokeberg, Sanders No recommendation (1): Cowdery The following fiscal note applies: Zero fiscal note, House Labor & Commerce Committee/Dept. of Health & Social Services, 2/27/98 HB 383 was referred to the Judiciary Committee. **The presence of Representative Kott was noted. HB 404 The Transportation Committee has considered: HOUSE BILL NO. 404 "An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles; and providing for an effective date." 1998-02-27 House Journal Page 2454 HB 404 and recommends it be replaced with: CS FOR HOUSE BILL NO. 404(TRA) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Elton, Sanders, Cowdery, Masek, Williams The following fiscal notes apply to CSHB 404(TRA): Fiscal note, Dept. of Transportation & Public Facilities, 2/27/98 Fiscal note, Dept. of Administration, 2/27/98 HB 404 was referred to the Finance Committee. SB 275 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 275(STA) "An Act specifying time periods for making, soliciting, or accepting campaign contributions to candidates for state office; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): Vezey, Hodgins Do not pass (3): Elton, Berkowitz, Dyson No recommendation (1): James The following fiscal note applies: Senate zero fiscal note, Dept. of Administration, 2/18/98 CSSB 275(STA) was referred to the Rules Committee for placement on the calendar. 1998-02-27 House Journal Page 2455 REPORTS OF SPECIAL COMMITTEES HJR 54 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 54 Relating to establishing maritime boundaries with Canada. The report was signed by Representative Ivan, Vice Chair, with the following individual recommendations: Do pass (3): Hodgins, Kubina, Ivan The following fiscal note applies: Zero fiscal note, House Special Committee on Fisheries, 2/27/98 HJR 54 was referred to the House Special Committee on World Trade and State/Federal Relations. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Juneau Jazz and Classics By Senator Duncan; Representatives Elton, Hudson In Memoriam - Ruth Henry Arcand By Representative Bunde CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 33 The following was read the second time: 1998-02-27 House Journal Page 2456 HB 33 HOUSE BILL NO. 33 "An Act relating to real estate licensing and the real estate surety fund; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 4NR 2177 FISCAL NOTE (DCED) 2177 FIN RPT CS(FIN) NT 6NR 1AM 2378 FISCAL NOTE (DCED) 1/30/98 2378 **The presence of Representative Barnes was noted. Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 9, line 5: Delete or inactive Page 19, lines 13-20: Delete all material. Renumber the following bill sections accordingly. Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. **The presence of Representatives Hanley and Therriault was noted. 1998-02-27 House Journal Page 2457 HB 33 Representative Foster moved and asked unanimous consent that CSHB 33(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Grussendorf objected. The Speaker stated that CSHB 33(FIN) am will be in third reading on the March 2, 1998 calendar. LEGISLATIVE CITATIONS Representative Foster 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 - Consul General Georgi Borisovich Vlaskin By Representatives Phillips, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, James, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - The Homer Chamber of Commerce on its 50th Anniversary By Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Robert G. Hale By Representatives Williams, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hodgins, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey 1998-02-27 House Journal Page 2458 Honoring - 176th Wing, Alaska Air Guard By Representatives Rokeberg, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Therriault Vezey, Williams; Senator Pearce In Memoriam - Barbara Rafferty By Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hodgins, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Platonida Gromoff By Representatives Moses, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hodgins, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Harry Caray By Representatives Hodgins, Davis, Phillips, Kubina, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward In Memoriam - Zaccheus W. Barr By Senator Adams; Representatives Joule, Foster, Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hodgins, Ivan, James, Kelly, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Ronald Eugene Whitcraft - "Ron Eddy" By Senator Duncan; Representatives Elton, Hudson, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hodgins, James, Kelly, Kemplen, Kookesh, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-02-27 House Journal Page 2459 UNFINISHED BUSINESS Representative Foster 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 Barnes - from 1:41 p.m., plane time, March 13 to 9:26p.m., plane time, March 16, 1998 Representative Phillips - from 1:40 p.m., plane time, February 27 to 1:57 p.m., plane time, February 28, 1998 Representative Berkowitz - from 6:25 a.m., plane time, March 13 to 9:26 p.m., plane time, March 17, 1998 Representative Kemplen - from 12:30 p.m., plane time, March 20 to 9:30 p.m., plane time, March 22, 1998; and, from 12:30 p.m., plane time, March 27 to 9:30 p.m., plane time, March 29, 1998 Representative Therriault - from 6:45 p.m., plane time, February 27 to 9:38 a.m., plane time, March 2, 1998 Representative Davies - from 6:39 p.m., plane time, February 27 to 9:39a.m., plane time, March 3, 1998 Representative Dyson - from 1:41 p.m., plane time, March 6 to 9:38a.m., plane time, March 9, 1998 HB 294 Representative Berkowitz added his name as cosponsor to: HOUSE BILL NO. 294 "An Act relating to the formula funding public education; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1998-02-27 House Journal Page 2460 Minority Caucus upon adj, 2/27 The following meeting today has been changed as indicated: Finance Committee HJR 36 & HJR 44 RESCHEDULED TO: 1:30 p.m., 3/3 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 2, 1998. There being no objection, the House adjourned at 10:45 a.m. Suzi Lowell Chief Clerk