Legislature(1997 - 1998)
1998-03-20 House Journal
Full Journal pdf1998-03-20 House Journal Page 2671 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 20, 1998 Sixty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:12 a.m. Roll call showed 38 members present. Representative Nicholia had been previously excused from a call of the House today. Representative Hanley was absent and his presence was noted later. The invocation was offered by the Chaplain, Pastor Leon Thompson of the Chapel by the Lake Presbyterian Church. Representative Elton moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Creator God, In gratitude we come before You this morning. We are grateful for life, breath, intelligence, co-workers, helpers, friends and family. We acknowledge that each one of us is given breath and movement, gifts and talents, abilities and tasks. This day let us step up to the challenges that come before us with thanksgiving. When this day is complete may we look back upon it and be able to say with a clear conscience--I did my best, well done. Help each of us to act with courage and wisdom. Where there is need to confront, let us do it with a spirit of love. Where there is a need to listen, give us ears to hear. Where there is need for vision, give us eyes to see. Where there is need to speak, give us courage to proclaim the truth. Where there is need for justice, let us stand boldly. 1998-03-20 House Journal Page 2672 This day may each of us be reminded of the prayer of serenity: God, grant me the serenity to accept the things I cannot change, the courage to change the things I can, and the wisdom to know the difference. Oh God, may the representatives in the House, as well as the Senate, work for the good of all the people of this great land we call Alaska. Surround us this day with Your presence and help us to continually call upon Your strength and wisdom in all that we do. This prayer we give to You in honor of all You have done for us, Creator God. Amen." The Pledge of Allegiance was led by Representative Bunde. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 67th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 296 A message dated March 19, 1998, was read stating the Senate has passed: HOUSE BILL NO. 296 "An Act extending the termination date of the Alaska Minerals Commission." HB 296 was referred to the Chief Clerk for enrollment. 1998-03-20 House Journal Page 2673 SCR 19 A message dated March 19, 1998, was read stating the Senate has concurred in the House amendment to CSSCR 19(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) Relating to the use of prototype designs in public school construction projects. FIRST READING AND REFERENCE OF SENATE BILLS A message dated March 19, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 185 SENATE BILL NO. 185 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the maintenance of voter lists and to the inactivation and cancellation of voter registration; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 235 CS FOR SENATE BILL NO. 235(FIN) by the Senate Finance Committee, entitled: "An Act extending the termination date of the Board of Certified Real Estate Appraisers." was read the first time and referred to the Labor & Commerce and Finance Committees. 1998-03-20 House Journal Page 2674 REPORTS OF STANDING COMMITTEES HCR 21 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 21 Establishing the Alaska Task Force on Parity for Mental Health. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 21(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (3): Green, Bunde, Brice No recommendation (2): Dyson, Porter The following fiscal note applies to CSHCR 21(HES): Zero fiscal note, House Health, Education & Social Services Committee, 3/20/98 HCR 21 was referred to the Rules Committee for placement on the calendar. HJR 5 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 5 Proposing an amendment to the Constitution of the State of Alaska relating to freedom of conscience. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 5(JUD) (same title) 1998-03-20 House Journal Page 2675 HJR 5 The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (2): Green, James Do not pass (1): Porter No recommendation (2): Rokeberg, Bunde The following fiscal note applies to CSHJR 5(JUD): Fiscal note, Office of the Governor, 1/30/98 HJR 5 was referred to the Finance Committee. HB 366 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366 "An Act relating to child-in-need-of-aid proceedings." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (5): Dyson, Green, Porter, Brice, Bunde The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 3/20/98 Zero fiscal note, Dept. of Health & Social Services, 3/20/98 SSHB 366 was referred to the Rules Committee for placement on the calendar. HB 407 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 407 "An Act relating to repayment of teacher scholarship loans." 1998-03-20 House Journal Page 2676 HB 407 The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (5): Dyson, Green, Bunde, Porter, Brice The following fiscal note applies: Zero fiscal note, Dept. of Education, 3/20/98 HB 407 was referred to the Rules Committee for placement on the calendar. HB 408 The State Affairs Committee has considered: HOUSE BILL NO. 408 "An Act establishing the Alaska Seismic Hazards Safety Commission." and recommends it be replaced with: CS FOR HOUSE BILL NO. 408(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): Elton, Berkowitz No recommendation (2): James, Ivan The following fiscal notes apply to CSHB 408(STA): Fiscal note, Dept. of Natural Resources, 3/20/98 Fiscal note, Office of the Governor, 3/20/98 HB 408 was referred to the Finance Committee. 1998-03-20 House Journal Page 2677 HB 411 The Finance Committee has considered: HOUSE BILL NO. 411 "An Act relating to issuance of a winery license in a local option area." and recommends it be replaced with: CS FOR HOUSE BILL NO. 411(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Moses, Davis, Foster No recommendation (6): Therriault, Hanley, Martin, Kohring, Grussendorf, Kelly The following fiscal note applies to CSHB 411(FIN): Zero fiscal note, Dept. of Revenue, 3/18/98 HB 411 was referred to the Rules Committee for placement on the calendar. SB 208 The Community & Regional Affairs Committee has considered: SENATE BILL NO. 208 am "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." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 208(CRA) (same title) 1998-03-20 House Journal Page 2678 SB 208 The report was signed by Representative Ivan, Chair, with the following individual recommendations: Do pass (3): Ivan, Dyson, Ryan Do not pass (1): Kookesh No recommendation (3): Joule, Ogan, Sanders The following fiscal note applies to HCS SB 208(CRA): Senate zero fiscal note, Dept. of Community & Regional Affairs, 2/10/98 SB 208 am was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Military & Veterans' Affairs has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Brigadier General Stephen P. Korenek as Alaska Army National Guard - Assistant Adjutant General. The report was signed by Representative Masek, Chair; and, Representatives Kott, Ryan, Foster, Mulder and Joule. HJR 55 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 55 Relating to the allocation of pollock and Pacific cod. 1998-03-20 House Journal Page 2679 HJR 55 The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (1): Austerman Do not pass (2): Ivan, Ogan No recommendation (2): Kubina, Hodgins The following fiscal note applies: Zero fiscal note, House Special Committee on Fisheries, 3/20/98 HJR 55 was referred to the Rules Committee for placement on the calendar. HB 356 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 356 "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 356(MLV) (same title) The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (5): Ryan, Mulder, Kott, Masek, Foster No recommendation (1): Joule The following fiscal note applies to CSHB 356(MLV): Fiscal note, Senate Finance Committee/Legislative Affairs Agency, 3/20/98 1998-03-20 House Journal Page 2680 HB 356 HB 356 was referred to the Rules Committee for placement on the calendar. HB 464 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 464 "An Act relating to state veterans' home facilities." The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (1): Foster No recommendation (5): Ryan, Mulder, Kott, Masek, Joule The following fiscal notes apply: Fiscal note, Dept. of Administration, 3/20/98 Zero fiscal note, Dept. of Health & Social Services, 3/20/98 HB 464 was referred to the State Affairs Committee. SJR 38 The House Special Committee on World Trade and State/Federal Relations has considered: SENATE JOINT RESOLUTION NO. 38 Relating to the bombardment of the village of Angoon. and recommends it be replaced with: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 38(WTR) (same title) The report was signed by Representative Barnes, Chair, with the following individual recommendations: 1998-03-20 House Journal Page 2681 SJR 38 Do pass (5): Barnes, Kott, Phillips, Kubina, Cowdery The following fiscal note applies to HCS SJR 38(WTR): Senate zero fiscal note, Senate State Affairs Committee, 3/4/98 SJR 38 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Herbie Nayokpuk, "The Shishmaref Cannonball" By Representatives Masek, Joule, Kubina Celebrating - National Correctional Officers' Week, May 3-9, 1998 By Senator Leman Honoring - Chris Norgaard, Ian Sharrock, Judd England, EMS Consumer/Citizen Award By Senator Leman Honoring - William and Lillian Stolt, 1998 Alaska Business Hall of Fame By Senator Leman Honoring - Joann C. Mitchell, P.E., Engineer of the Year By Senator Leman Honoring - Albert C. Swalling, Alaskan of the Year By Senator Leman In Memoriam - Al J. Baffone, Sr. By Representatives Sanders, Berkowitz 1998-03-20 House Journal Page 2682 In Memoriam - Randy Smith By Senator Wilken; Representative Brice INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 65 HOUSE JOINT RESOLUTION NO. 65 by the House Resources Committee: Requesting that Alaska wild salmon be included as an organic food under federal law. was read the first time and referred to the Labor & Commerce Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 472 HOUSE BILL NO. 472 by the House Labor & Commerce Committee by request, entitled: "An Act relating to apportionment of business income." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 285 The following was read the second time: HOUSE BILL NO. 285 "An Act relating to suspension or revocation of commercial fishing permits and privileges." 1998-03-20 House Journal Page 2683 HB 285 with the: Journal Page RES RPT CS(RES) NT 4DP 1NR 2401 ZERO FISCAL NOTE (F&G) 2402 JUD RPT CS(RES) NT 4DP 3AM 2452 ZERO FISCAL NOTE (DPS) 2452 ZERO FISCAL NOTE (F&G) 2/23/98 2452 **The presence of Representative Hanley was noted. 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. 285(RES) "An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Berkowitz and Ivan: Page 2, line 21, following "(15)": Insert "taking or possessing prohibited sex or size of fishery resources 6 points (16)" Page 2, line 21: Delete "fishing" Insert "fishery" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 285(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 285(RES) am was read the third time. 1998-03-20 House Journal Page 2684 HB 285 Representative Dyson moved and asked unanimous consent that he be allowed to abstain from voting due to a potential conflict of interest. Objection was heard, and Representative Dyson was required to vote. The question being: "Shall CSHB 285(RES) am pass the House?" The roll was taken with the following result: CSHB 285(RES) am Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Nicholia Absent: James And so, CSHB 285(RES) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 285(RES) am was referred to the Chief Clerk for engrossment. HB 386 The following was read the second time: 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." 1998-03-20 House Journal Page 2685 HB 386 with the: Journal Page FIN RPT CS(FIN) 8DP 2496 ZERO FISCAL NOTE (DCED) 2/6/98 2496 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. 386(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 386(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 386(FIN) was read the third time. The question being: "Shall CSHB 386(FIN) pass the House?" The roll was taken with the following result: CSHB 386(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Williams Excused: Nicholia Absent: Green, Rokeberg, Vezey And so, CSHB 386(FIN) passed the House. 1998-03-20 House Journal Page 2686 HB 386 Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 386(FIN) was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Lesley H. Salisbury By Representatives Brice, Phillips, Berkowitz, Bunde, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, 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 10:22 a.m., plane time, March 22 to 10:00a.m., plane time, March 25, 1998 Representative Sanders - from 1:00 p.m., plane time, March 27 to 9:30a.m., plane time, March 31, 1998 Representative Moses - from 6:30 a.m., plane time, March 27 to 9:30p.m., plane time, March 30, 1998 Representative Ivan - from 6:30 p.m., plane time, April 9 to 9:30 p.m., plane time, April 13, 1998 Representative Brice - from 1:41 p.m., plane time, March 27 to 9:26p.m., plane time, March 28, 1998 1998-03-20 House Journal Page 2687 Representative Ryan - from 6:25 a.m., plane time, March 21 to 1:57p.m., plane time, March 22, 1998 SB 114 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: CS FOR SENATE BILL NO. 114(JUD) "An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes." Representative Porter objected. The question being: "Shall CSSB 114(JUD) be withdrawn from committee?" The roll was taken with the following result: CSSB 114(JUD) Withdraw from Committee YEAS: 2 NAYS: 37 EXCUSED: 1 ABSENT: 0 Yeas: Kookesh, Vezey Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Nicholia And so, the motion failed. CSSB 114(JUD) is in the Judiciary Committee. HB 356 The Speaker added a Finance Committee referral for the following: 1998-03-20 House Journal Page 2688 HB 356 HOUSE BILL NO. 356 "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." HB 356 was removed from the Rules Committee and referred to the Finance Committee. RECONSIDERATION SB 275 Representative Porter brought up reconsideration of the vote on CSSB 275(STA)(title am H)(efd fld H) which had been held until today (page 2668). The following was again before the House in third reading: 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." Representative Therriault placed a call of the House. The Speaker stated the call was satisfied. The question to be reconsidered: "Shall CSSB 275(STA)(title am H) pass the House?" The roll was taken with the following result: CSSB 275(STA)(title am H)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, James, Joule, Kemplen, Kookesh, Moses, Vezey 1998-03-20 House Journal Page 2689 SB 275 Excused: Nicholia And so, CSSB 275(STA)(title am H) passed the House on reconsideration. Representative Porter moved the effective date clause. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 275(STA)(title am H)--RECONSIDERATION Third Reading Effective Date YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Kubina, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, James, Joule, Kemplen, Kookesh, Masek, Moses, Vezey Excused: Nicholia And so, lacking the necessary 27 votes, the effective date clause was not adopted. CSSB 275(STA)(title am H)(efd fld H) was referred to the Chief Clerk for engrossment. HB 49 Representative Kemplen added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 49 "An Act establishing and relating to a consumer protection section in the Department of Law; increasing penalties for violation of laws relating to consumer protection; requiring special accounting for money from certain actions related to consumer protection; and providing for an effective date." 1998-03-20 House Journal Page 2690 ENGROSSMENT HB 285 CSHB 285(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 386 CSHB 386(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 275 CSSB 275(STA)(title am H)(efd fld H) 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 3:00 p.m., 3/21 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 23, 1998. There being no objection, the House adjourned at 11:43 a.m. Suzi Lowell Chief Clerk