Legislature(1997 - 1998)

1998-03-04 House Journal

Full Journal pdf

1998-03-04                     House Journal                      Page 2487
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday             March 4, 1998         
                                                                               
                               Fifty-second Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:12 a.m.                                                         
                                                                               
                                                                               
Roll call showed 36 members present.  Representative Joule had been            
previously excused from a call of the House today.   Representatives           
Hanley and Kott were absent and their presence was noted later.                
                                                                               
Representative Porter moved and asked unanimous consent that                   
Representative Moses' previous excuse (page 2409) be extended                  
through today.  There being no objection, it was so ordered.                   
                                                                               
The invocation was offered by the Chaplain, Reverend Kathleen                  
Wakefield, Assistant Rector of St. Brendan's Episcopal Church.                 
Representative Elton moved and asked unanimous consent that the                
invocation be spread on the journal.  There being no objection, it             
appears below:                                                                 
                                                                               
"Dear Lord, today I thought of the words of Vincent Van                       
Gogh: 'It is true there is an ebb and flow, but the sea remains                
the sea.'  You are the sea.  Although I experience many ups                    
and downs in my emotions and often feel great shifts and                       
changes in my inner life, You remain the same.  Your                           
sameness is not the sameness of a rock, but the sameness of                    
a faithful lover.  Out of Your love I came to life; by Your                    
love I am sustained, and to Your love I am always called                       
back.  There are days of sadness and days of joy; there are                    
feelings of guilt and feelings of gratitude; there are moments                 
of failure and moments of success; but all of them are                         
embraced by Your unwavering love.                                              

1998-03-04                     House Journal                      Page 2488
My only real temptation is to doubt in Your love, to think of                 
myself as beyond the reach of Your love, to remove myself                      
from the healing radiance of Your love.  To do these things is                 
to move into the darkness of despair.                                          
                                                                               
O Lord, sea of love and goodness, let me not fear too much                    
the storms and winds of my daily life, and let me know that                    
there is ebb and flow but that the sea remains the sea.  Amen.                 
(Written by Theologian Henri Nouwen)"                                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Mulder.                     
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 50th and 51st legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 265                                                                       
A message dated March 3, 1998, was read stating the Senate has                 
passed CSHB 265(STA) am with the following amendment, and it is                
transmitted for consideration:                                                 
                                                                               
SENATE  CS  FOR  CS  FOR  HOUSE  BILL  NO. 265(RLS)                           
am S(reengrossed)                                                              
"An Act relating to pamphlets, publications, plans, and records of            
state agencies; and relating to reports to and from state agencies             
and the governor."                                                             
                                                                               
CSHB 265(STA) am is under Unfinished Business.                                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
Messages dated March 2 and 3, 1998, were read stating the Senate has           
passed the following, and they are transmitted for consideration:              
                                                                               

1998-03-04                     House Journal                      Page 2489
SB 208                                                                       
SENATE BILL NO. 208 am by Senator Parnell, entitled:                           
                                                                               
"An Act relating to municipal service areas and providing for voter           
approval of the formation, alteration, or abolishment of certain               
service areas; and providing for an effective date."                           
                                                                               
was read the first time and referred to the Community & Regional               
Affairs Committee.                                                             
                                                                               
                                                                               
SB 261                                                                       
CS FOR SENATE BILL NO. 261(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act relating to the Special Olympics World Winter Games to                
be held in Anchorage in the year 2001; establishing a reserve fund             
for the games; providing certain duties and authority for the                  
Alaska Industrial Development and Export Authority regarding                   
financing for those games; and providing for an effective date."               
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
SB 285                                                                       
SENATE BILL NO. 285 by the Senate Finance Committee, entitled:                 
                                                                               
"An Act relating to state procurement practices."                             
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Dept. of Commerce & Economic Development                                       
Report of the Alaska Minerals Commission                                       
January 1998                                                                   
(as required by AS 44.33.431)                                                  
                                                                               

1998-03-04                     House Journal                      Page 2490
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The State Affairs Committee has reviewed the reappointment of the              
following individual and recommends it to the House for consideration:         
                                                                               
                                   Ed Granger                                  
                                                                               
as a public member of the Select Committee on Legislative Ethics.              
                                                                               
The report was signed by Representative James, Chair; and,                     
Representatives Vezey, Elton, Dyson, Hodgins and Berkowitz.                    
HJR 1                                                                         
The State Affairs Committee has considered:                                   
                                                                               
HOUSE JOINT RESOLUTION NO. 1                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to the duration of a regular session.                                 
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Dyson, Vezey, Hodgins                                            
                                                                               
Do not pass (1):  Elton                                                        
                                                                               
Amend (2):  James, Berkowitz                                                   
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Legislative Affairs Agency, 3/4/98                                
Fiscal note, Office of the Governor, 3/4/98                                    
                                                                               
HJR 1 was referred to the Judiciary Committee                                  
                                                                               
                                                                               
HJR 4                                                                        
The Judiciary Committee has considered:                                        
                                                                               

1998-03-04                     House Journal                      Page 2491
HJR 4                                                                        
HOUSE JOINT RESOLUTION NO. 4                                                  
Proposing amendments to the Constitution of the State of Alaska               
relating to terms of legislators.                                              
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Croft, Bunde, Berkowitz                                          
                                                                               
No recommendation (3):  Porter, Green, James                                   
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Office of the Governor, 1/30/98                                   
Zero fiscal note, Legislative Affairs Agency, 1/30/98                          
                                                                               
HJR 4 was referred to the Finance Committee.                                   
                                                                               
HB 28                                                                        
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 28                                                             
"An Act repealing the Alaska Coastal Management Program and                   
the Alaska Coastal Policy Council, and making conforming                       
amendments because of those repeals."                                          
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 28(RES)                                                 
"An Act modifying the Alaska coastal management program and                   
the responsibilities of the Alaska Coastal Policy Council."                    
                                                                               
The report was signed by Representatives Hudson and Ogan, Co-                  
chairs, with the following individual recommendations:                         
                                                                               
Do pass (2):  Barnes, Ogan                                                     
                                                                               
Do not pass (1):  Nicholia                                                     
                                                                               
No recommendation (2):  Dyson, Masek                                           

1998-03-04                     House Journal                      Page 2492
HB 28                                                                        
Amend (3):  Williams, Green, Hudson                                            
                                                                               
The following fiscal notes apply to CSHB 28(RES):                              
                                                                               
Fiscal note, Office of the Governor, 3/4/98                                    
Fiscal note, Dept. of Fish & Game, 3/4/98                                      
Fiscal note, Dept. of Law, 3/4/98                                              
Fiscal note, Dept. of Environmental Conservation, 3/4/98                       
Fiscal note, Dept. of Natural Resources, 3/4/98                                
Zero fiscal note, Dept. of Community & Regional Affairs, 3/4/98                
                                                                               
HB 28 was referred to the Finance Committee.                                   
                                                                               
HB 53                                                                        
The Rules 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:                                            
                                                                               
CS FOR HOUSE BILL NO. 53(RLS)                                                 
"An Act expressing legislative intent without the force of law                
concerning correctional facility space and the Cleary v. Smith                 
case;  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  agreements  to  lease            

1998-03-04                     House Journal                      Page 2493
HB 53                                                                        
facilities for the confinement and care of prisoners with the City            
of Delta Junction and with the Municipality of Anchorage; and                  
providing for an effective date."                                              
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (3):  Kott, Phillips, Porter                                           
                                                                               
No recommendation (3):  Nicholia, Elton, Williams                              
                                                                               
A House Rules Committee letter of intent for CSHB 53(RLS), signed              
by Representative Kott, Chair, 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.  The fixed rate will cover                 
the same daily costs that are covered in the current contract                  
between the Corrections Corporation of America contract and                    
the Department of Corrections for beds in Florence, AZ                         
(agency contract No. 2054863, ASPS No. 95-0100)."                              
                                                                               

1998-03-04                     House Journal                      Page 2494
HB 53                                                                        
The following fiscal notes apply to CSHB 53(RLS):                              
                                                                               
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 is on today's calendar.                                                  
                                                                               
                                                                               
HB 261                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 261                                                            
"An Act relating to a surcharge imposed for violations of state or            
municipal law and to the Alaska police training fund."                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 261(JUD)                                                
"An Act relating to fines and to a surcharge imposed for violations           
of state or municipal law and to the Alaska police training fund."             
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Green, James, Bunde                                      
                                                                               
No recommendation (1):  Croft                                                  
                                                                               
The following fiscal notes apply to CSHB 261(JUD):                             
                                                                               
Fiscal note, Alaska Court System, 3/4/98                                       
Zero fiscal note, Dept. of Administration, 3/4/98                              
                                                                               
HB 261 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 272                                                                       
The Judiciary Committee has considered:                                        
                                                                               

1998-03-04                     House Journal                      Page 2495
HB 272                                                                       
HOUSE BILL NO. 272                                                            
"An Act to permit a court to order a defendant who receives a                 
sentence of imprisonment for a misdemeanor to serve the sentence               
by electronic monitoring; and relating to the crime of unlawful                
evasion."                                                                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 272(JUD)                                                
"An Act relating to allowing the commissioner of corrections to               
allow a prisoner to serve a term of imprisonment or period of                  
temporary commitment by electronic monitoring; and relating to                 
the crime of escape."                                                          
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (6):  Croft, Rokeberg, Porter, Green, James, Bunde                     
                                                                               
The following fiscal notes apply to CSHB 272(JUD):                             
                                                                               
Fiscal note, Dept. of Corrections, 3/4/98                                      
Zero fiscal note, Dept. of Administration, 3/4/98                              
                                                                               
HB 272 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 310                                                                       
The Rules Committee has considered:                                            
                                                                               
HOUSE BILL NO. 310                                                            
"An Act relating to the utilization of groundfish; and providing for          
an effective date."                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 310(RLS)                                                
(same title)                                                                  
                                                                               

1998-03-04                     House Journal                      Page 2496
HB 310                                                                       
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (6):  Kott, Phillips, Porter, Nicholia, Elton, Williams                
                                                                               
The following fiscal notes apply to CSHB 310(RLS):                             
                                                                               
Zero fiscal note, Dept. of Fish & Game, 1/30/98                                
Zero fiscal note, Dept. of Public Safety, 1/30/98                              
                                                                               
HB 310 was returned to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 386                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 386                                                            
"An Act relating to the financing authority, programs, operations,            
and projects of the Alaska Industrial Development and Export                   
Authority; and providing for an effective date."                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 386(FIN)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (8):  Therriault, Mulder, Martin, Davies, Grussendorf, Davis,          
Kelly, Foster                                                                  
                                                                               
The following fiscal note applies to CSHB 386(FIN):                            
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development, 2/6/98             
                                                                               
HB 386 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               

1998-03-04                     House Journal                      Page 2497
HB 401                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 401                                                            
"An Act relating to contracts for the provision of state public               
assistance to certain recipients in the state; providing for regional          
public assistance plans and programs in the state; relating to grants          
for Alaska tribal family assistance programs; and providing for an             
effective date."                                                               
                                                                               
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (3):  Dyson, Kookesh, Ivan                                             
                                                                               
Do not pass (1):  Sanders                                                      
                                                                               
No recommendation (1):  Ryan                                                   
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Health & Social Services, 2/12/98                   
                                                                               
HB 401 was referred to the Health, Education & Social Services                 
Committee.                                                                     
                                                                               
SB 195                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
SENATE BILL NO. 195                                                           
"An Act relating to common law liens, to remedies, costs, and fees            
imposed for the registration, filing, or recording of certain                  
nonconsensual common law liens, and to penalties for recording                 
common law liens."                                                             
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (3):  Cowdery, Sanders, Rokeberg                                       
                                                                               
No recommendation (1):  Ryan                                                   

1998-03-04                     House Journal                      Page 2498
SB 195                                                                       
The following fiscal notes apply:                                              
                                                                               
Senate zero fiscal note, Dept. of Law, 1/28/98                                 
Senate zero fiscal note, Alaska Court System, 1/28/98                          
                                                                               
SB 195 was referred to the Judiciary Committee.                                
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Trooper Roger Ellis on His Retirement                               
By Representative James                                                        
                                                                               
Honoring - Sonja Schmidt, Alaska's 1998 Teacher of the Year                    
By Representative James; Senator Miller                                        
                                                                               
Honoring - Maggie Ahmaogak                                                     
By Senator Adams; Representatives Joule, Foster                                
                                                                               
Honoring - Dr. Thomas F. Albert                                                
By Senator Adams; Representatives Joule, Foster                                
                                                                               
Honoring - Burton Atqaan Rexford                                               
By Senator Adams; Representatives Joule, Foster                                
                                                                               
In Memoriam - Frederick W. Stickman, Jr.                                       
By Senator Lincoln; Representative Nicholia                                    
                                                                               
In Memoriam - Keith Korsmo                                                     
By Senators Duncan, Ellis; Representatives Elton, Hudson                       
                                                                               
and                                                                            
                                                                               
Honoring - The Iron Dog Gold Rush Classic, World's Longest                     
Snowmobile Race                                                                
By Senators Green, Halford; Representative Ogan                                
                                                                               
which was taken up later as a Special Order of Business.                       

1998-03-04                     House Journal                      Page 2499
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 349                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 349 by                                   
Representatives James, Kelly and Elton, entitled:                              
                                                                               
"An Act prohibiting the use of the title 'social worker' without a            
license; relating to social workers, licensure of social workers, and          
the Board of Clinical Social Work Examiners; and providing for                 
an effective date."                                                            
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
HB 463                                                                       
HOUSE BILL NO. 463 by the House State Affairs Committee,                       
entitled:                                                                      
                                                                               
"An Act establishing the Alaska public building fund; and                     
providing for an effective date."                                              
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
HB 464                                                                       
HOUSE BILL NO. 464 by the House State Affairs Committee,                       
entitled:                                                                      
                                                                               
"An Act relating to state veterans' home facilities."                         
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs Committee.               
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               

1998-03-04                     House Journal                      Page 2500
HB 465                                                                       
HOUSE BILL NO. 465 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the temporary establishment of the Alaska                 
Disaster Assistance Program; and providing for an effective date."             
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
The Governor's transmittal letter dated March 3, 1998, appears below:          
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
The 1997 fish returns to the Bristol Bay and Kuskokwim River regions           
were extremely low, causing a serious loss of income to those area             
residents involved in the fishing industry.  Last July, I declared an          
economic disaster in these regions.  The federal government later made         
a similar declaration.                                                         
                                                                               
To assist those suffering from income loss due to this disaster, I             
transmit this bill establishing the Alaska Disaster Assistance Program         
(ADAP).  Under this temporary program, the Department of Labor                 
may provide to eligible individuals one-time benefits of up to $1,400          
over a two-month period.  This benefit amount mirrors the payments             
that would be provided under the federal disaster unemployment                 
assistance program, had that been made available for this disaster.            
Funds for this state assistance program are included in the                    
supplemental appropriation bill.                                               
                                                                               
In order to qualify for the disaster funds, applicants must demonstrate        
they participated in, or planned to participate in the Bristol Bay salmon      
drift or set gillnet fisheries, or in the Kuskokwim River salmon gillnet       
fisheries during the 1997 season, and had some employment                      
connection to the fisheries in the previous two years.  Applicants must        
also have a family income that does not exceed 185 percent of the              
federal poverty guidelines.  Those receiving public assistance or              
unemployment insurance benefits will not be eligible for this program.         
                                                                               
The program is designed to make funds available as soon as possible            
and be repealed January 31, 1999, after the 1998 tax statements have           
been issued to recipients.                                                     

1998-03-04                     House Journal                      Page 2501
HB 465                                                                       
I urge your prompt consideration of this bill.                                 
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 53                                                                        
The following was read the second time:                                        
                                                                               
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."                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 2DNP 4NR                                         985         
	3 FNS (REV, DOT, COR)                                             985         
	ZERO FISCAL NOTE (ADM)                                            985         
	FIN RPT  CS(FIN) NT 6DP 1NR                                      2343         
	LETTER OF INTENT WITH FIN REPORT                                 2344         
	INDETERMINATE FISCAL NOTE (COR)                                  2345         
	2 ZERO FISCAL NOTES (ADM, REV)                                   2345         

1998-03-04                     House Journal                      Page 2502
HB 53                                                                        
	RLS RPT CS(RLS) NT 3DP 3NR                                       2492         
	LETTER OF INTENT WITH RLS REPORT                                 2493         
INDETERMINATE FISCAL NOTE (COR) 2/18/98                          2494         
	2 ZERO FISCAL NOTES (ADM, REV) 2/18/98                           2494         
                                                                               
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. 53(RLS)                                                 
"An Act expressing legislative intent without the force of law                
concerning correctional facility space and the Cleary v. Smith                 
case; 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 agreements to lease                    
facilities for the confinement and care of prisoners with the City             
of Delta Junction and with the Municipality of Anchorage; and                  
providing for an effective date."                                              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Ivan:                            
                                                                               
Page 1, line 6, following "Anchorage;" (title amendment):                    
	Insert "giving notice of and relating to approving the entry into,           
and the issuance of certificates of participation in, a lease-purchase         
agreement for the expansion of the Yukon-Kuskokwim                             
Correctional Center;"                                                         
                                                                               
Page 2, following line 28:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 4.  NOTICE AND APPROVAL OF THE ENTRY INTO                         
AND FINANCING OF LEASE-PURCHASE AGREEMENT.  (a)  The                           
Department of Administration, on behalf of the Department of                   
Corrections, is authorized to enter into a lease-purchase agreement with       
the City of Bethel for the expansion of the Yukon-Kuskokwim                    
Correctional Center to house prisoners committed to the custody of the         
commissioner of corrections, to be financed by a lease-purchase                
agreement under AS36.30.085.  The state bond committee is                      
authorized to provide for the issuance of certificates of participation in     
one or more series in the aggregate principal amount of $5,000,000 for         

1998-03-04                     House Journal                      Page 2503
HB 53                                                                        
the cost of construction, acquisition, and other costs of financing the        
project.  The total annual amount of the rental obligation is estimated        
to be $530,000.  The total lease payments for the 15-year term of the          
lease-purchase agreement for the project is estimated to be $8,038,500.        
The state shall own the facility at the end of the lease term.                 
	(b)  The state bond committee may contract for the credit                     
instruments and trust services it considers necessary in financing this        
project.                                                                       
	(c)  This section constitutes the notice and approval required by             
AS36.30.085.                                                                   
	(d)  In this section, "state bond committee" means the bond                   
committee established under AS37.15.110."                                      
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, line 14:                                                               
	Delete "sec. 4"                                                               
	Insert "sec. 5"                                                               
                                                                               
                                                                               
Representative Ivan moved and asked unanimous consent that                     
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
Representative Ivan moved and asked unanimous consent to withdraw              
Amendment No. 1.  There being no objection, it was so ordered.                 
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Croft:                           
                                                                               
Page 2, following line 24:                                                     
	Insert a new paragraph to read:                                               
		"(2)  the lease must provide that the third-party contractor                 
operating the facility shall                                                   
		(A)  upon the escape of a prisoner from the correctional                    
facility, immediately notify the Department of Corrections, the                
Alaska  state  troopers,  and  municipal  police  departments of the           

1998-03-04                     House Journal                      Page 2504
HB 53                                                                        
escape and identify the prisoner and the crime the prisoner was               
committed for, describe the appearance of the prisoner at the time             
of the escape, describe how and when the prisoner escaped, and                 
provide any other information that might be useful in locating and             
apprehending the prisoner; and                                                 
		(B)  reimburse all law enforcement agencies participating                   
in the search for, pursuit of, apprehension of, and return to                  
incarceration of a prisoner who escapes from the correctional                  
facility;"                                                                     
                                                                               
Renumber the following paragraph accordingly.                                  
                                                                               
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Berkowitz:                       

1998-03-04                     House Journal                      Page 2505
HB 53                                                                        
Page 4, line 12, following "facility":                                         
	Insert ";                                                                     
		(6)  the replacement correctional facility may not be located                
within Lot1A, Block55, of the Anchorage Original Townsite"                     
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Rokeberg objected.                                              
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  8   NAYS:  29   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Berkowitz, Brice, Davies, Elton, Grussendorf, Kookesh, Kubina,          
Nicholia                                                                       
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen,                   
Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Croft                                                                 
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
Amendment No. 4 was offered  by Representative Berkowitz:                       
                                                                               
Page 2, lines 16 - 19:                                                         
Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 4 be adopted.                                                    

1998-03-04                     House Journal                      Page 2506
HB 53                                                                        
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  10   NAYS:  28   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Nicholia, Vezey                                                       
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg,               
Ryan, Sanders, Therriault, Williams                                            
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
Amendment No. 5 was offered  by Representative Berkowitz:                       
                                                                               
Page 4, line 6:                                                                
Delete "$50,000,000"                                                          
Insert "$67,000,000"                                                          
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  11   NAYS:  27   EXCUSED:  2   ABSENT:  0                             

1998-03-04                     House Journal                      Page 2507
HB 53                                                                        
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia, Rokeberg                                            
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders,                  
Therriault, Vezey, Williams                                                    
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Davies:                          
                                                                               
Page 4, lines 13 - 15:                                                         
Delete all material.                                                          
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  8   NAYS:  25   EXCUSED:  2   ABSENT:  5                              
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf,             
Kemplen                                                                        
                                                                               
Nays:  Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green,                
Hanley, Hudson, Ivan, James, Kohring, Kott, Kubina, Martin, Masek,             
Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey,            
Williams                                                                       
                                                                               

1998-03-04                     House Journal                      Page 2508
HB 53                                                                        
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Hodgins, Kelly, Kookesh, Ogan, Therriault                             
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Davies:                          
                                                                               
Page 2, lines 2 - 4:                                                           
Delete all material.                                                          
                                                                               
Reletter the following subsection accordingly.                                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Barnes objected.                                                
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  9   NAYS:  25   EXCUSED:  2   ABSENT:  4                              
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen,                  
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kohring, Kott, Martin,           
Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey,               
Williams                                                                       
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  James, Kelly, Ogan, Therriault                                        
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               

1998-03-04                     House Journal                      Page 2509
HB 53                                                                        
Amendment No. 8 was offered  by Representative Kubina:                          
                                                                               
Page 3, line 20:                                                               
	Delete "(1) the lease must provide a minimum of 800 prison beds;"             
	Insert "(1) the lease can be for up to 1,000 beds;"                           
                                                                               
Renumber the following paragraphs accordingly.                                 
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
Amendment to Amendment No. 8 was offered  by Representative                     
Kubina:                                                                        
                                                                               
	Delete "Insert (1) the lease can be for up to 1,000 beds;"                    
                                                                               
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment to Amendment No. 8 be adopted.   There being no                      
objection, it was so ordered.                                                  
                                                                               
                                                                               
The question being:  "Shall Amendment No. 8 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 53(RLS)                                                                   
Second Reading                                                                 
Amendment No. 8 as amended                                                     
                                                                               
YEAS:  10   NAYS:  26   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen,           
Kookesh, Kubina, Nicholia                                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin,            
Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,          
Vezey, Williams                                                                
                                                                               

1998-03-04                     House Journal                      Page 2510
HB 53                                                                        
Excused:  Joule, Moses                                                         
                                                                               
Absent:  James, Ogan                                                           
                                                                               
And so, Amendment No. 8 as amended was not adopted.                            
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
53(RLS) be considered engrossed, advanced to third reading and                 
placed on final passage.                                                       
                                                                               
Representative Elton objected.                                                 
                                                                               
The Speaker stated that CSHB 53(RLS) will be in third reading on the           
March 6, 1998 calendar.                                                        
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 275                                                                       
The following was read the second time:                                        
                                                                               
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."                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  2DP 3DNP 1NR                                            2454         
	SENATE ZERO FISCAL NOTE (ADM) 2/18/98                            2454         
                                                                               
Amendment No. 1 was offered  by Representative Elton:                           
                                                                               
Page 1, lines 5 - 13:                                                          
	Delete all material and insert:                                               
                                                                               
	"(d) A candidate or an individual who has filed with the                     
commission the document necessary to permit that individual to                 
incur election-related expenses under AS 15.13.100 may not solicit             
or accept a contribution while ªIFß the legislature is convened in        
a regular or special legislative session if  ª, ANDß the candidate or      

1998-03-04                     House Journal                      Page 2511
SB 275                                                                       
individual holds office as ªISß a member of the state legislature,    
as the governor, or as the lieutenant governor ªOR                         
EMPLOYED AS A MEMBER OF THE LEGISLATOR'S STAFF                                 
OR AS A MEMBER OF THE STAFF OF A LEGISLATIVE                                   
COMMITTEEß."                                                                   
                                                                               
Page 1, line 14 through page 3, line 23:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Therriault objected.                                            
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSSB 275(STA)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  11   NAYS:  22   EXCUSED:  2   ABSENT:  5                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf,             
Kemplen, Kookesh, Kubina, Nicholia                                             
                                                                               
Nays:  Austerman, Barnes, Davis, Dyson, Foster, Green, Hanley,                 
Hodgins, Hudson, Ivan, Kelly, Kohring, Martin, Mulder, Ogan,                   
Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams                  
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Cowdery, James, Kott, Masek, Sanders                                  
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Elton:                           
                                                                               
Page 1, lines 5 - 13:                                                          
	Delete all material and insert:                                               

1998-03-04                     House Journal                      Page 2512
SB 275                                                                       
	"(d) A candidate or an individual who has filed with the                     
commission the document necessary to permit that individual to                 
incur election-related expenses under AS 15.13.100 may not solicit             
or accept a contribution while ªIFß the legislature is convened in         
a regular or special legislative session if ª, ANDß the candidate or       
individual holds office as ªISß a member of the state legislature,     
as the governor, or as the lieutenant governor unless the                    
solicitation or acceptance occurs during the 90 days                           
immediately preceding an election in which the candidate or                    
individual is a candidate ªOR EMPLOYED AS A MEMBER OF                        
THE LEGISLATOR'S STAFF OR AS A MEMBER OF THE                                   
STAFF OF A LEGISLATIVE COMMITTEEß."                                            
                                                                               
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Therriault objected.                                            
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSSB 275(STA)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
                                                                               
YEAS:  11   NAYS:  22   EXCUSED:  2   ABSENT:  5                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf,             
Kemplen, Kookesh, Kubina, Nicholia                                             
                                                                               
Nays:  Austerman, Barnes, Bunde, Davis, Foster, Green, Hanley,                 
Hodgins, Hudson, Ivan, Kelly, Kohring, Martin, Mulder, Ogan,                   
Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams                  
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Cowdery, James, Kott, Masek, Sanders                                  
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               

1998-03-04                     House Journal                      Page 2513
SB 275                                                                       
Amendment No. 3, a technical title change, was offered by                      
Representative Elton:                                                          
                                                                               
Page 1, line 1:                                                                
	Delete "specifying"                                                         
	Insert "relating to"                                                        
                                                                               
Page 1, line 2:                                                                
	Delete "to candidates for state office"                                     
	                                                                              
Representative Elton moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
it was so ordered and the new title appears below:                             
                                                                               
CS FOR SENATE BILL NO. 275(STA)(title am H)                                   
"An Act relating to time periods for making, soliciting, or                   
accepting campaign contributions; and providing for an effective               
date."                                                                         
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Elton:                           
                                                                               
Page 3, line 24:                                                               
	Delete all material.                                                          
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSSB 275(STA)(title am H)                                                      
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  14   NAYS:  19   EXCUSED:  2   ABSENT:  5                             

1998-03-04                     House Journal                      Page 2514
SB 275                                                                       
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton,                   
Grussendorf, James, Kemplen, Kookesh, Kubina, Nicholia, Ogan                   
                                                                               
Nays:  Austerman, Barnes, Davis, Foster, Green, Hanley, Hodgins,               
Hudson, Ivan, Kelly, Kohring, Mulder, Phillips, Porter, Rokeberg,              
Ryan, Therriault, Vezey, Williams                                              
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Cowdery, Kott, Martin, Masek, Sanders                                 
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Dyson:                           
                                                                               
Page 1, line 5, following "individual":                                        
	Insert "who is a present state office holder"                             
                                                                               
Page 2, line 17, following "a":                                                
	Insert "state office holder who is a"                                     
                                                                               
                                                                               
Representative Dyson moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Representative Therriault objected.                                            
                                                                               
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSSB 275(STA)(title am H)                                                      
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  14   NAYS:  23   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Bunde, Croft, Davis, Dyson, Elton, Hodgins, James,               
Kemplen, Kookesh, Kubina, Nicholia, Ogan, Vezey                                
                                                                               

1998-03-04                     House Journal                      Page 2515
SB 275                                                                       
Nays:  Austerman, Berkowitz, Cowdery, Davies, Foster, Green,                   
Grussendorf, Hanley, Hudson, Ivan, Kelly, Kohring, Kott, Martin,               
Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,          
Williams                                                                       
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Barnes                                                                
                                                                               
Davies changed from "Yea" to "Nay".                                            
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Berkowitz:                       
                                                                               
Page 1, line 7:                                                                
	Delete "state office"                                                     
	Insert "the state legislature"                                            
                                                                               
Page 1, lines 8 - 11:                                                          
	Delete "regular or special legislative session unless ª, ANDß the         
solicitation or acceptance occurs during the 90 days immediately             
preceding an election in which the candidate or individual is a              
candidate ªMEMBER OF THE LEGISLATURE"                                      
	Insert                                                                        
		"(1)  regular legislative session; or                               
		(2)  special legislative session, and the candidate or                  
individual is a member of the legislature ª"                                   
                                                                               
Page 2, line 1, through page 3, line 23:                                       
	Delete all material and insert:                                               
	"(c)  A person or group may not make a contribution                          
		(1)  to a candidate for governor or lieutenant governor or                  
an individual who files with the commission the document                       
necessary to permit that individual to incur certain election-related          
expenses as authorized by AS15.13.100 for governor or lieutenant               
governor, when the office is to be filled at a general election,               
before the later of the following dates:                                       
		(A)  the date the individual                                               
		(i)  becomes a candidate; or                                              

1998-03-04                     House Journal                      Page 2516
SB 275                                                                       
		(ii)  files with the commission the document                              
necessary to permit the individual to incur certain                            
election-related expenses as authorized by AS15.13.100;                        
or                                                                             
		(B)  January 1 of the year of the general election;                        
		(2)  to a candidate for the state legislature or an individual              
who files with the commission the document necessary to permit                 
that individual to incur certain election-related expenses as                  
authorized by AS15.13.100 for the state legislature, when the                  
office is to be filled at a general election, while the legislature is         
convened in its regular legislative session and before the later of            
the following dates:                                                           
		(A)  the date the individual                                               
		(i)  becomes a candidate; or                                              
		(ii)  files with the commission the document                              
necessary to permit the individual to incur certain                            
election-related expenses as authorized by AS15.13.100;                        
or                                                                             
		(B)  January 1 of the year of the general election;                        
		(3)  to a candidate or an individual who files with the                     
commission the document necessary to permit that individual to                 
incur certain election-related expenses as authorized by                       
AS15.13.100 for an office that is to be filled at a special election           
or municipal election before the later of the following dates:                 
		(A)  the date the individual                                               
		(i)  becomes a candidate; or                                              
		(ii)  files with the commission the document                              
necessary to permit that individual to incur certain                           
election-related expenses as authorized by AS15.13.100;                        
		(B)  is nine months before the date of the general or                      
regular municipal election or that is before the date of the                   
proclamation of the special election at which the candidate or                 
individual seeks election to public office; or                                 
		(4)  to any candidate later than the 45th day                               
			(A)  after the date of a primary election if the                           
candidate                                                                      
		(i)  has been nominated at the primary election or                        
is running as a write-in candidate; and                                        
		(ii)  is not opposed at the general election;                             
		(B) after the date of the primary election if the                          
candidate was not nominated at the primary election; or                        

1998-03-04                     House Journal                      Page 2517
SB 275                                                                       
		(C)  after the date of the general election, or after the                  
date of a municipal or municipal runoff election, if the                       
candidate was opposed at the general, municipal, or municipal                  
runoff election;                                                             
		(5)  to a member of the state legislature who is a                          
candidate for the state legislature or who files with the                      
commission the document necessary to permit that individual                    
to incur certain election-related expenses as authorized by                    
AS15.13.100 for the state legislature, when the office is to be                
filled at a general election, while the legislature is convened in             
a special legislative session."                                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Therriault objected.                                            
                                                                               
Representative Kubina placed a call of the House and lifted the call.          
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSSB 275(STA)(title am H)                                                      
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  10   NAYS:  26   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen,                  
Kookesh, Kubina, Martin, Nicholia                                              
                                                                               
Nays:  Austerman, Barnes, Brice, Cowdery, Davis, Foster, Green,                
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek,             
Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Bunde, Dyson                                                          
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               

1998-03-04                     House Journal                      Page 2518
SB 275                                                                       
Representative Porter moved and asked unanimous consent that CSSB
275(STA)(title am H) be considered engrossed, advanced to third                
reading and placed on final passage.                                           
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker stated that CSSB 275(STA)(title am H) would be in third            
reading on the March 6, 1998 calendar.                                         
                                                                               
                                                                               
                            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 - Jim and Helen Fisher, Kenai Chamber of Commerce 1997                
Pioneer Award                                                                  
By Representatives Hodgins, Phillips, Davis, Berkowitz, Brice, Croft,          
Dyson, Elton, Green, Grussendorf, Hanley, Hudson, James, Kelly,                
Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan,                 
Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senators Torgerson,          
Ward                                                                           
                                                                               
Honoring - Dr. Mim Chapman                                                     
By Senator Ellis, Representatives Berkowitz, Brice, Croft, Davis,              
Dyson, Elton, Grussendorf, James, Kemplen, Kott, Kubina, Nicholia,             
Ryan, Sanders, Williams                                                        
                                                                               
Honoring - Harry Johns, Sr.                                                    
By Senator Lincoln; Representatives Nicholia, Berkowitz, Brice, Croft,         
Davis, Dyson, Elton, Grussendorf, James, Kelly, Kemplen, Kott,                 
Kubina, Porter, Ryan, Sanders, Vezey, Williams                                 
                                                                               
                                                                               
In Memoriam - Coral Seymour                                                    
By Representatives Hodgins, Phillips, Davis, Berkowitz, Brice, Croft,          
Dyson, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott,                
Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Sanders, Vezey, Williams; Senators Ward, Torgerson                             
                                                                               

1998-03-04                     House Journal                      Page 2519
In Memoriam - Trude Ann Milanowski                                             
By Representatives Nicholia, Phillips, Berkowitz, Brice, Croft, Davis,         
Dyson, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott,                
Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders,                  
Vezey, Williams; Senator Lincoln                                               
						                                                                         
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
citation, In Memoriam - Joel Kotke, by Representative Bunde and                
Senator Donley, be taken up as a Special Order of Business at this             
time.  There being no objection, it was so ordered.                            
                                                                               
Representative Porter moved and asked unanimous consent that all               
members of the House be shown as cosponsors of the citation.  There            
being no objection, it was so ordered.                                         
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citation.  There being no objection, the following           
citation was approved and sent to enrolling:                                   
                                                                               
In Memoriam - Joel Kotke                                                       
By Representatives Bunde, Phillips, Austerman, Barnes, Berkowitz,              
Brice, 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, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams; Senator Donley                                                
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 272                                                                       
The Speaker added a Finance Committee referral to the following:               
                                                                               
HOUSE BILL NO. 272                                                            
"An Act to permit a court to order a defendant who receives a                 
sentence of imprisonment for a misdemeanor to serve the sentence               
by electronic monitoring; and relating to the crime of unlawful                
evasion."                                                                      
                                                                               

1998-03-04                     House Journal                      Page 2520
HB 272                                                                       
HB 272 was removed from the Rules Committee and referred to the                
Finance Committee.                                                             
                                                                               
                                                                               
SCR 19                                                                       
The Speaker added a Finance Committee referral to the following:               
                                                                               
CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN)                               
am                                                                             
Relating to the use of prototype designs in public school                     
construction projects.                                                         
                                                                               
CSSCR 19(FIN) am was removed from the Rules Committee and                      
referred to the Finance Committee.                                             
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
citation, Honoring - The Iron Dog Gold Rush Classic, World's Longest           
Snowmobile Race, be taken up as a Special Order of Business at this            
time.  There being no objection, it was so ordered.                            
                                                                               
Representative Porter 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 - The Iron Dog Gold Rush Classic, World's Longest                     
Snowmobile Race                                                                
By Senators Green, Halford; Representatives Ogan, Austerman,                   
Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster,         
Green, Grussendorf, Hanley, Hudson, Ivan, James, Kelly, Kemplen,               
Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg,              
Ryan, Sanders, Vezey, Williams                                                 
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 436                                                                       
Representative Davies moved and asked unanimous consent to                     
withdraw the following:                                                        

1998-03-04                     House Journal                      Page 2521
HB 436                                                                       
HOUSE BILL NO. 436                                                            
"An Act relating to assistive technology and mobility aids."                  
                                                                               
There being no objection, HB 436 was withdrawn.                                
                                                                               
                                                                               
SB 60                                                                        
Representative Vezey moved and asked unanimous consent that the                
following bill be discharged from the Finance Committee:                       
                                                                               
SENATE BILL NO. 60                                                            
"An Act providing for an advisory vote on the issue of capital                
punishment."                                                                   
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall SB 60 be discharged from the Finance               
Committee?"  The roll was taken with the following result:                     
                                                                               
SB 60                                                                          
Discharge from Finance Committee                                               
                                                                               
YEAS:  1   NAYS:  30   EXCUSED:  2   ABSENT:  7                              
                                                                               
Yeas:  Vezey                                                                   
                                                                               
Nays:  Austerman, Barnes, Berkowitz, Brice, Cowdery, Davies, Davis,            
Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kemplen,            
Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan,                 
Phillips, Porter, Rokeberg, Ryan, Therriault, Williams                         
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Bunde, Croft, Dyson, Grussendorf, Hanley, Martin, Sanders             
                                                                               
Ivan changed from "Yea" to "Nay".                                              
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               

1998-03-04                     House Journal                      Page 2522
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 137                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 2416) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 137(L&C)                                                
"An Act relating to veterinarians; extending the termination date             
of the Board of Veterinary Examiners; and providing for an                     
effective date."                                                               
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 137(STA)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to CSHB 137(L&C), thus adopting SCS CSHB 137(STA),                   
and recommended that the members vote yes.                                     
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 137(L&C)?"  The roll was taken with the following result:              
                                                                               
SCS CSHB 137(STA)                                                              
Concur                                                                         
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  2   ABSENT:  6                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies,            
Davis, Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly,              
Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia,              
Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams            
                                                                               
Excused:  Joule, Moses                                                         
                                                                               
Absent:  Bunde, Dyson, Grussendorf, Hanley, Martin, Sanders                    
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 137(STA).                                                             
                                                                               

1998-03-04                     House Journal                      Page 2523
HB 137                                                                       
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.           
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 137(STA) 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 Rokeberg - from 1:41 p.m., plane time, March 13 to              
9:26 p.m., plane time, March 17, 1998                                          
                                                                               
Representative Cowdery - from 6:25 a.m., plane time, March 6 to                
1:57p.m., plane time, March 7, 1998; and, from 3:00 p.m., plane time,          
March 11 to 2:30 p.m., plane time, March 17, 1998                              
                                                                               
Representative Sanders - from 1:00 p.m., plane time, March 6 to                
9:30a.m., plane time, March 9, 1998                                            
                                                                               
                                                                               
HB 376                                                                       
Representatives Kemplen and Dyson added their names as cosponsors              
to:                                                                            
                                                                               
HOUSE BILL NO. 376                                                            
"An Act limiting the use of voter registration information."                  
                                                                               
                                                                               
HB 412                                                                       
Representative Kohring added his name as cosponsor 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."                                
                                                                               

1998-03-04                     House Journal                      Page 2524
HB 415                                                                       
Representative Kemplen added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 415                                                            
"An Act relating to health care information, including privacy                
protection for health care information; and providing for an                   
effective date."                                                               
                                                                               
                                                                               
HB 418                                                                       
Representative Kemplen added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 418                                                            
"An Act relating to invasion of privacy of another."                          
                                                                               
                                                                               
HB 446                                                                       
Representative Kemplen added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 446                                                            
"An Act relating to an individual's privacy interest in, and other            
aspects of, records about individuals."                                        
                                                                               
                                                                               
SB 159                                                                       
Representative Sanders added his name as cross sponsor to:                     
                                                                               
CS FOR SENATE BILL NO. 159(L&C)                                               
"An Act relating to the new business incentive program."                      
                                                                               
                                                                               
SB 261                                                                       
Representative Green added his name as cross sponsor to:                       
                                                                               
CS FOR SENATE BILL NO. 261(FIN)                                               
"An Act relating to the Special Olympics World Winter Games to                
be held in Anchorage in the year 2001; establishing a reserve fund             
for the games; providing certain duties and authority for the                  
Alaska Industrial Development and Export Authority regarding                   
financing for those games; and providing for an effective date."               
                                                                               
                                                                               

1998-03-04                     House Journal                      Page 2525
                                  ENROLLMENT                                 
                                                                               
HCR 29                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 2:40 p.m.,            
March 3, 1998:                                                                 
                                                                               
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 30                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 2:40 p.m.,            
March 3, 1998:                                                                 
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 30                                            
Authorizing a recess by the Senate and the House of                           
Representatives for a period of more than three days.                          
                                                                               
HJR 49                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 2:40 p.m.,            
March 3, 1998:                                                                 
                                                                               
SENATE CS FOR CS FOR SS FOR HOUSE JOINT                                       
RESOLUTION NO. 49(RES)                                                         
Relating to opposition to a moratorium on the building of roads in            
the roadless areas of national forests.                                        
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Transportation Committee                                                       
1:00 p.m., 3/4 meeting CHANGED TO:                      1:15 p.m., 3/4         
                                                                               

1998-03-04                     House Journal                      Page 2526
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., March 6, 1998.  There being no                 
objection, the House adjourned at 12:44 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk