Legislature(1997 - 1998)

1998-03-18 House Journal

Full Journal pdf

1998-03-18                     House Journal                      Page 2643
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday            March 18, 1998         
                                                                               
                               Sixty-sixth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:18 a.m.                                                         
                                                                               
                                                                               
Roll call showed 36 members present.  Representatives Grussendorf              
and Nicholia had been previously excused from a call of the House              
today.  Representatives Hanley and Kott were absent and their                  
presence was noted later.                                                      
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Leon Thompson               
of the Chapel by the Lake Presbyterian Church.  Representative                 
Mulder moved and asked unanimous consent that the invocation be                
spread on the journal.  There being no objection, it appears below:            
                                                                               
"Dear God,                                                                    
                                                                               
A new day has dawned upon us and we give thanks for this                      
day and all the challenges that stand before us.  We                           
acknowledge that You created this day and each one of us                       
with gifts, abilities and talents.  Our acknowledgment calls us                
to give ourselves to build Your world, to bring correction                     
where there is injustice, good where there is evil, and strength               
where there is weakness.                                                       
                                                                               
In all these tasks give us patience, kindness, boldness, and the              
ability to listen carefully and clearly to others.  Help us to set             
jealousy and pride aside when it hinders our ability to work                   
with others.  Give us humble spirits that seek to bring out the                
best in our sisters and brothers.                                              

1998-03-18                     House Journal                      Page 2644
We thank You for the election of these legislators, who have                  
been called to serve the people of this state.  We thank You                   
for the time and energy they spend on behalf of those whom                     
they represent.  Protect their families as they are away from                  
them for long periods of time.  Help them to feel the weight                   
of responsibility and at the same time undergird them with the                 
strength of Your power.                                                        
                                                                               
When this day is over, following long meetings, telephone                     
conversations, messages received and returned, dialogue with                   
coworkers, and the reading of endless reports, may each                        
person here be able to say, 'Thank You God for being in the                    
midst of all I have done.'                                                     
                                                                               
We pray this to the One who created us and sustains us                        
through all of life.  Amen."                                                   
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Ivan.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 61st, 62nd, 63rd, 64th and 65th legislative days be            
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 62                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE JOINT RESOLUTION NO. 62                                                 
Relating to bringing Balto back to Alaska.                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA)                                     
(same title)                                                                  

1998-03-18                     House Journal                      Page 2645
HJR 62                                                                       
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (7):  Joule, Ogan, Sanders, Ivan, Dyson, Ryan, Kookesh                 
                                                                               
The following fiscal note applies to CSHJR 62(CRA):                            
                                                                               
Zero fiscal note, House Community & Regional Affairs Committee,                
3/18/98                                                                        
                                                                               
HJR 62 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 49                                                                        
The Judiciary Committee has considered:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 49                                      
"An Act establishing and relating to a consumer protection section            
in the Department of Law; increasing penalties for violation of                
laws relating to consumer protection; requiring special accounting             
for money from certain actions related to consumer protection; and             
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
49(L&C)                                                                        
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Berkowitz                                                        
                                                                               
No recommendation (3):  Porter, James, Green                                   
                                                                               
The following fiscal note applies to CSSSHB 49(L&C):                           
                                                                               
Fiscal note, Dept. of Law, 3/18/98                                             

1998-03-18                     House Journal                      Page 2646
HB 49                                                                        
SSHB 49 was referred to the Finance Committee.                                 
                                                                               
                                                                               
HB 411                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 411                                                            
"An Act relating to issuance of a winery license in a local option            
area."                                                                         
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Rokeberg, Hudson, Kubina, Sanders                                
                                                                               
No recommendation (1):  Brice                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Revenue, 3/18/98                                    
                                                                               
HB 411 was referred to the Finance Committee.                                  
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
                                                                               
Honoring - Charlie Jordan, 1998 Junior Iditarod Champion and Rookie            
of the Year                                                                    
By Representative Nicholia                                                     
                                                                               
Honoring - Kari Wise                                                           
By Representative Croft                                                        
                                                                               
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               

1998-03-18                     House Journal                      Page 2647
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 339                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 339 by                                   
Representatives Hodgins, Cowdery, Dyson, Green, James, Kott, Ogan,             
Ryan, Sanders, Vezey, Austerman and Kohring, entitled:                         
                                                                               
"An Act relating to the child support enforcement agency; and                 
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
HB 366                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366 by                                   
Representative Dyson, entitled:                                                
                                                                               
"An Act relating to child-in-need-of-aid proceedings."                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
HB 372                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 372 by                                   
Representative Dyson, entitled:                                                
                                                                               
"An Act placing limits on prescribing and providing a                         
contraceptive drug or device to a minor."                                      
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 197                                                                       
The following was read the second time:                                        

1998-03-18                     House Journal                      Page 2648
HB 197                                                                       
HOUSE BILL NO. 197                                                            
"An Act relating to libraries."                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT 2DP 3NR                                                   908         
	ZERO FISCAL NOTE (DOE)                                            908         
                                                                               
The following fiscal note was submitted by the Rules Committee:                
                                                                               
Zero fiscal note, Dept. of Education, 3/18/98                                  
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
HB197 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB 197 was read the third time.                                                
                                                                               
The question being:  "Shall HB 197 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 197                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  2   ABSENT:  6                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis,              
Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, James, Joule,            
Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek,                 
Moses, Mulder, Phillips, Porter, Ryan, Sanders, Therriault, Williams           
                                                                               
Excused:  Grussendorf, Nicholia                                                
                                                                               
Absent:  Barnes, Davies, Ivan, Ogan, Rokeberg, Vezey                           
                                                                               
And so, HB 197 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               

1998-03-18                     House Journal                      Page 2649
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 159                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 159(L&C)                                               
"An Act relating to the new business incentive program."                      
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT HCS(FIN) 4DP 2NR                                         2304         
	ZERO FISCAL NOTE (DCED)                                          2304         
	SENATE ZERO FISCAL NOTE (DCED) 1/23/98                           2304         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 159(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 1, line 15, following "manufacturing":                                    
                                                                               
	Delete "a product for export outside of the state"                            
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Sanders objected.                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 159(FIN)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  22   EXCUSED:  2   ABSENT:  3                             
                                                                               

1998-03-18                     House Journal                      Page 2650
SB 159                                                                       
Yeas:  Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Joule,            
Kelly, Kemplen, Kookesh, Kubina, Vezey                                         
                                                                               
Nays:  Austerman, Barnes, Cowdery, Davis, Foster, Green, Hanley,               
Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder,            
Phillips, Porter, Ryan, Sanders, Therriault, Williams                          
                                                                               
Excused:  Grussendorf, Nicholia                                                
                                                                               
Absent:  Moses, Ogan, Rokeberg                                                 
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
CSSB 159(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
HCS CSSB 159(FIN) was read the third time.                                     
                                                                               
The question being:  "Shall HCS CSSB 159(FIN) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 159(FIN)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  5   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson,           
Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder,            
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams                
                                                                               
Nays:  James, Kelly, Kohring, Ogan, Vezey                                      
                                                                               
Excused:  Grussendorf, Nicholia                                                
                                                                               
Absent:  Moses                                                                 
                                                                               
                                                                               

1998-03-18                     House Journal                      Page 2651
SB 159                                                                       
And so, HCS CSSB 159(FIN) passed the House and was referred to                 
the Chief Clerk for engrossment.                                               
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - Vietnam Heroes, Hugh Thompson and Lawrence Colburn                  
and Posthumously, Glenn Andreotta                                              
By Representatives Kubina, Elton, Foster, Berkowitz, Brice, Croft,             
Davies, Davis, Dyson, Hanley, Hodgins, Hudson, Ivan, James, Joule,             
Kemplen, Kohring, Kott, Masek, Mulder, Rokeberg, Ryan, Sanders,                
Vezey, Williams                                                                
                                                                               
                                                                               
Honoring - Linda "L.J." Warren                                                 
By Representatives Ivan, Berkowitz, Brice, Croft, Davies, Davis, Elton,        
James, Joule, Kemplen, Kott, Kubina, Mulder, Rokeberg, Ryan,                   
Sanders, Vezey, Williams; Senator Hoffman                                      
                                                                               
                                                                               
Honoring - Dante Foster                                                        
By Senators Wilken, Sharp, Miller; Representatives James, Kelly,               
Brice, Davies, Therriault, Vezey, Berkowitz, Croft, Davis, Elton, Joule,       
Kemplen, Kott, Kubina, Mulder, Rokeberg, Ryan, Sanders, Williams               
                                                                               
                                                                               
Honoring - Senator John Glenn                                                  
By Senator Wilken; Representatives Austerman, Berkowitz, Brice,                
Croft, Davies, Davis, Dyson, Elton, Hodgins, Hudson, James, Joule,             
Kemplen, Kohring, Kott, Kubina, Mulder, Rokeberg, Sanders, Vezey,              
Williams                                                                       
                                                                               
Honoring - Choggiung Limited                                                   
By Senator Hoffman; Representatives Berkowitz, Brice, Croft, Davies,           
Davis, Elton, Ivan, James, Joule, Kemplen, Kott, Kubina, Rokeberg,             
Ryan, Sanders, Williams                                                        

1998-03-18                     House Journal                      Page 2652
Honoring - Molly D. Smith                                                      
By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Brice,            
Croft, Davies, Davis, James, Joule, Kemplen, Kott, Kubina, Rokeberg,           
Ryan, Sanders, Vezey, Williams                                                 
                                                                               
In Memoriam - Peter J. Bagoy                                                   
By Senator Leman; Representatives Berkowitz, Brice, Croft, Davies,             
Davis, Dyson, Elton, Hanley, Ivan, James, Joule, Kemplen, Kott,                
Kubina, Mulder, Rokeberg, Ryan, Sanders, Vezey, Williams                       
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Porter moved and asked unanimous consent that the               
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Williams - from 2:40 p.m., plane time, April 9 to               
9:30p.m., plane time, April 13, 1998                                           
                                                                               
Representative Austerman - from 4:34 p.m., plane time, April 5 to              
9:36p.m., plane time, April 7, 1998                                            
                                                                               
Representative Masek - from 1:41 p.m., plane time, March 20 to                 
9:40a.m., plane time, March 23, 1998                                           
                                                                               
Representative Nicholia - from 6:30 a.m., plane time, March 17 to              
9:30p.m., plane time, March 23, 1998 (amended from page 2552)                  
                                                                               
SB 275                                                                       
Representative Porter moved and asked unanimous consent that the               
reconsideration of the following, which had been held to March 18,             
1998 (page 2573), be held over one day:                                        
                                                                               
CS FOR SENATE BILL NO. 275(STA)(title am H)(efd fld H)                        
"An Act relating to time periods for making, soliciting, or                   
accepting campaign contributions."                                             
                                                                               
There being no objection, it was so ordered, and CSSB 275(STA)(title           
am H)(efd fld H) will be available for reconsideration on March 19,            
1998.                                                                          

1998-03-18                     House Journal                      Page 2653
SB 159                                                                       
Representative Rokeberg added his name as cross sponsor to:                    
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 159(FIN)                                  
"An Act relating to the new business incentive program."                      
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 197                                                                       
HB 197 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
SCR 19                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
HOUSE CS FOR CS FOR SENATE CONCURRENT                                         
RESOLUTION NO. 19(FIN)                                                         
Relating to the use of prototype designs in public school                     
construction projects.                                                         
                                                                               
SB 159                                                                       
HCS CSSB 159(FIN) was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber      12:30 p.m., 3/18         
Majority Caucus                Speaker's Chamber      10:45 a.m., 3/19         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 11:00 a.m., March 19, 1998.  There being no                
objection, the House adjourned at 12:20 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk