Legislature(1997 - 1998)
1998-04-02 House Journal
Full Journal pdf1998-04-02 House Journal Page 2845 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 2, 1998 Eighty-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 12:37 p.m. Roll call showed 38 members present. Representative Croft had been previously excused from a call of the House today. Representative Porter moved and asked unanimous consent that Representative Kookesh be excused from a call of the House from today to 9:00 a.m., plane time, April 3, 1998. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Representative Davis moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray, Gracious Father, You have carved the majestic frowning mountains. You have hollowed out the depths of the sea. You have entrusted to each of us the gift of life for this day. Thank You for eyes to behold such stunning beauty. As we ponder the responsibilities before us as committees and a House, we thank You for the challenges and opportunities. We thank You that we can be colleagues, though diverse with many different life journeys, working together for the well-being of the people of this state and the best interest of 1998-04-02 House Journal Page 2846 Alaska. In our serving, give us wisdom to balance expendable and renewable resources. Help us to put aside our personal interests for the good of all. Above all, help us to be sensitive to people who You have made in Your own image. In the Name of Jesus the Christ, Who came not to be served, but to serve. Amen." The Pledge of Allegiance was led by Representative Elton. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 80th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. RECONSIDERATION HJR 44 Representative Porter brought up reconsideration of the vote on CSHJR 44(RLS) am(fld H) (page 2821). The following was again before the House in third reading: CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) am Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature. Representative Porter placed a call of the House. The call was satisfied. Representative Kubina moved and asked unanimous consent that CSHJR 44(RLS) am be returned to second reading for the specific purpose of considering Amendment No. 10. Objection was heard. 1998-04-02 House Journal Page 2847 HJR 44 The question being: "Shall CSHJR 44(RLS) am be returned to second reading for the specific purpose of considering Amendment No. 10?" The roll was taken with the following result: CSHJR 44(RLS) am--RECONSIDERATION Third Reading Return to Second for Amendment No. 10 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Sanders, Vezey 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, Therriault, Williams Excused: Croft, Kookesh And so, the motion failed. The question to be reconsidered: "Shall CSHJR 44(RLS) am pass the House?" The roll was taken with the following result: CSHJR 44(RLS) am--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: 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, Williams Nays: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Vezey Excused: Croft, Kookesh 1998-04-02 House Journal Page 2848 HJR 44 And so, CSHJR 44(RLS) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. MESSAGES FROM THE SENATE HB 53 A message dated April 1, 1998, was read stating the Senate has passed CSHB 53(RLS)(title am) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S "An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; adding, as a general power of municipalities, the power to provide for, and enter into agreements concerning 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." The Senate adopted the House Rules Committee letter of intent (page 2493), and the House adopted the same letter (page 2545). CSHB 53(RLS)(title am) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 1, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 236 CS FOR SENATE BILL NO. 236(RES) by the Senate Resources Committee, entitled: 1998-04-02 House Journal Page 2849 SB 236 "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. COMMUNICATIONS The following reports were received: Dept. of Administration Division of Risk Management Annual Report Fiscal Year 1997 ARMTech - FY 97 Actuarial Report June 30, 1997 (as required by AS 37.05.287) Division of Finance Letter attesting to the condition of the State Insurance Catastrophe Fund as of June 30, 1997 (as required by AS 37.05.287) REPORTS OF STANDING COMMITTEES HJR 5 The Finance 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: 1998-04-02 House Journal Page 2850 HJR 5 CS FOR HOUSE JOINT RESOLUTION NO. 5(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Mulder, Martin, Kohring No recommendation (3): Therriault, Kelly, Foster Amend (2): Davies, Grussendorf The following fiscal note applies to CSHJR 5(FIN): Fiscal note, Office of the Governor, 1/30/98 HJR 5 was referred to the Rules Committee for placement on the calendar. HJR 65 The Labor & Commerce Committee has considered: HOUSE JOINT RESOLUTION NO. 65 Requesting that Alaska wild salmon be included as an organic food under federal law. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 65(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (6): Cowdery, Sanders, Kubina, Ryan, Hudson, Rokeberg The following fiscal note applies to CSHJR 65(L&C): Zero fiscal note, House Labor & Commerce Committee/Dept. of Commerce & Economic Development, 4/2/98 1998-04-02 House Journal Page 2851 HJR 65 HJR 65 was referred to the Rules Committee for placement on the calendar. HB 44 The State Affairs Committee has considered: HOUSE BILL NO. 44 "An Act relating to admission to an Alaska Pioneers' Home." and recommends it be replaced with: CS FOR HOUSE BILL NO. 44(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Elton, Berkowitz, Ivan, Ryan, Hodgins The following fiscal note applies to CSHB 44(STA): Zero fiscal note, Dept. of Administration, 4/2/98 HB 44 was referred to the Health, Education & Social Services Committee. HB 383 The Judiciary Committee has considered: HOUSE BILL NO. 383 "An Act relating to expected deaths that occur at home or in a health care facility." and recommends it be replaced with: CS FOR HOUSE BILL NO. 383(JUD) "An Act relating to expected deaths that occur at home." 1998-04-02 House Journal Page 2852 HB 383 The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (6): Bunde, Berkowitz, James, Croft, Green, Porter The following fiscal note applies to CSHB 383(JUD): Zero fiscal note, House Labor & Commerce Committee/Dept. of Health & Social Services, 2/27/98 HB 383 was referred to the Rules Committee for placement on the calendar. HB 464 The State Affairs Committee has considered: HOUSE BILL NO. 464 "An Act relating to state veterans' home facilities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 464(STA) "An Act authorizing state veterans' home facilities to provide nursing home care with related medical services." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Berkowitz, Elton, Ivan, Ryan, Hodgins The following fiscal notes apply to CSHB 464(STA): Zero fiscal note, Dept. of Administration, 4/2/98 Zero fiscal note, Dept. of Health & Social Services, 3/20/98 HB 464 was referred to the Rules Committee for placement on the calendar. 1998-04-02 House Journal Page 2853 SCR 22 The State Affairs Committee has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Relating to promotion of Kids Voting Alaska programs. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Elton, Berkowitz, Ryan, Hodgins The following fiscal note applies: Senate zero fiscal note, Senate State Affairs Committee, 3/2/98 CSSCR 22(STA) was referred to the Rules Committee for placement on the calendar. SB 36 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 36(FIN) am "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 36(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (1): Bunde Do not pass (2): Green, Kemplen No recommendation (2): Dyson, Porter 1998-04-02 House Journal Page 2854 SB 36 Amend (1): Brice Fiscal note(s) forthcoming. CSSB 36(FIN) am 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 - Earl Beistline By Senators Sharp, Miller; Representatives Brice, Kelly, Therriault Honoring - Marie Quirk Haggard By Senators Sharp, Miller; Representatives Brice, Kelly, Therriault CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 264 The following was read the second time: HOUSE BILL NO. 264 "An Act providing for a negotiated regulation making process; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NT 3DP 1DNP 2NR 1AM 2086 2 INDETERMINATE FNS (LAW, REV) 2086 INDETERMINATE FN (GOV/ALL DEPTS) 2086 FIN RPT CS(FIN) NT 4DP 4NR 2536 2 INDETERMINATE FNS (REV, GOV/ALL DEPTS) 2537 1998-04-02 House Journal Page 2855 HB 264 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. 264(FIN) "An Act relating to negotiated regulation making; and providing for an effective date." There being no objection, it was so ordered. **Representative James was excused from a call of the House due to illness. Representative Porter moved and asked unanimous consent that CSHB 264(FIN) be held in second reading for tomorrow's calendar. There being no objection, it was so ordered. HB 370 The following was read the second time: HOUSE BILL NO. 370 "An Act making an appropriation for relief of the 1997 fishery disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 4DP 1DNP 4NR 2538 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. 370(FIN) "An Act making appropriations for relief of the 1997 economic disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." There being no objection, it was so ordered. 1998-04-02 House Journal Page 2856 HB 370 Representative Porter moved and asked unanimous consent that CSHB 370(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 370(FIN) was read the third time. The question being: "Shall CSHB 370(FIN) pass the House?" The roll was taken with the following result: CSHB 370(FIN) Third Reading Final Passage YEAS: 25 NAYS: 10 EXCUSED: 3 ABSENT: 2 Yeas: Berkowitz, Brice, Bunde, Cowdery, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Austerman, Barnes, Davis, Hanley, Hodgins, Kelly, Kohring, Kott, Masek, Therriault Excused: Croft, James, Kookesh Absent: Martin, Ogan And so, CSHB 370(FIN) passed the House. Representative Porter moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 370(FIN) Third Reading Effective Date YEAS: 31 NAYS: 0 EXCUSED: 3 ABSENT: 6 1998-04-02 House Journal Page 2857 HB 370 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Kelly, Kemplen, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft, James, Kookesh Absent: Cowdery, Foster, Joule, Kohring, Martin, Ogan And so, the effective date clause was adopted. CSHB 370(FIN) 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 - The Iditarod Sled Dog Race Volunteers By Representatives Masek, Phillips, Austerman, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Brennan Walsh, Eagle Scout By Representatives Foster, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Seward Seahawks Girls' Basketball Team, 3A State Champions By Representatives Davis, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-04-02 House Journal Page 2858 Honoring - Maynard Perkins, Jr., Professor of the Year By Representatives Foster, Kubina, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Recognizing - Tartan Day, April 6, 1998 By Senator Parnell; Representatives Phillips, Austerman, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - The Anchorage Opera By Senator Kelly; Representatives Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hanley, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Sarah Mae Bailey Imaataluk Tiepelman Salazar By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams CONCUR IN SENATE AMENDMENTS HB 53 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 2848) on the following at this time: CS FOR HOUSE BILL NO. 53(RLS)(title am) "An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; adding, as a general power of municipalities, the power to 1998-04-02 House Journal Page 2859 HB 53 provide for, and enter into agreements concerning 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 53(RLS)(title am), thus adopting SCS CSHB 53(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 53(RLS)(title am)?" The roll was taken with the following result: SCS CSHB 53(FIN) am S Concur YEAS: 31 NAYS: 2 EXCUSED: 3 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Ogan, Vezey Excused: Croft, James, Kookesh Absent: Dyson, Kohring, Martin, Masek And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 53(FIN) am S. 1998-04-02 House Journal Page 2860 HB 53 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 53(FIN) am S 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 Martin - from 3:00 p.m., plane time, April 2 to 9:30p.m., plane time, April 5, 1998 Representative Bunde - from 6:39 p.m., plane time, April 3 to 9:26p.m., plane time, April 5, 1998 Representative Joule - from 1:41 p.m., plane time, April 9 to 9:38 a.m., plane time, April 14, 1998 Representative Nicholia - from 6:30 a.m., plane time, April 3 to 9:30p.m., plane time, April 6, 1998 (amended from page 2801); and, from 6:30 a.m., plane time, April 9 to 7:29 p.m., plane time, April 14, 1998 (amended from page 2801) ENGROSSMENT HJR 44 CSHJR 44(RLS) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 370 CSHB 370(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-04-02 House Journal Page 2861 ENROLLMENT HJR 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 10:00 a.m., April 2, 1998: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RLS) Supporting an increase in federal funding for prostate cancer research. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Resources Committee 1:00 p.m., 4/2 meeting CHANGED TO: 2:15 p.m., 4/2 Finance Committee 1:30 p.m., 4/2 meeting CHANGED TO: 2:30 p.m., 4/2 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 3, 1998. There being no objection, the House adjourned at 3:01 p.m. Suzi Lowell Chief Clerk