Legislature(1997 - 1998)
1998-04-03 House Journal
Full Journal pdf1998-04-03 House Journal Page 2863 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 3, 1998 Eighty-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:24 a.m. Roll call showed 31 members present. Representatives Berkowitz, Croft, Kemplen, Martin and Nicholia had been previously excused from a call of the House today. Representatives Kott and Therriault were absent and their presence was noted later. Representative Hanley was absent. Representative Porter moved and asked unanimous consent that Representative Hudson be excused from a call of the House today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Paul Beran of the Resurrection Lutheran Church. Representative Davies 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, from everlasting to everlasting, You are God. We bow in awe that You, by Whom all things were made, should entrust to each of us the responsibility to serve in governing the welfare of others and the resources entrusted to this great land of Alaska. Help us to be faithful to You as we serve in this weighty responsibility. 1998-04-03 House Journal Page 2864 We humbly ask You: purify our motives, sharpen our minds, warm our hearts to serve cooperatively as we face many-sided issues, and help us to be untiring in seeking to do right. Today we especially pray for those who are helpless: some on the sunset side of life who are lonely, poor, feel passed by and no longer needed. We also lift up to You those in life's springtime: little children with longing, trusting eyes, some abused and neglected, some lonely and longing for love, seeking a model to pattern, and a hope for living. Lord, sensitize us in our responsibility. 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 Kubina. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 81st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 461 A message dated April 2, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 461(FIN) "An Act making supplemental and special appropriations and amending appropriations; and providing for an effective date." Chapter No. 7, SLA 1998 Effective Date: April 3, 1998 1998-04-03 House Journal Page 2865 MESSAGES FROM THE SENATE SB 275 A message dated April 2, 1998, was read stating the Senate has concurred in the House amendment to: 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." thus adopting: CS FOR SENATE BILL NO. 275(STA) am H "An Act relating to time periods for making, soliciting, or accepting campaign contributions; and providing for an effective date." FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 2, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 262 CS FOR SENATE BILL NO. 262(RES) by the Senate Resources Committee, entitled: "An Act relating to regulation of hunting and trapping, to the definition of 'sustained yield,' and to controlled use areas." was read the first time and referred to the Resources and Finance Committees. SB 341 SENATE BILL NO. 341 by the Senate State Affairs Committee, entitled: 1998-04-03 House Journal Page 2866 SB 341 "An Act relating to agricultural land; and providing for an effective date." was read the first time and referred to the Resources Committee. REPORTS OF STANDING COMMITTEES HB 252 The Finance Committee has considered: HOUSE BILL NO. 252 "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure." and recommends it be replaced with: CS FOR HOUSE BILL NO. 252(FIN) "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Therriault, Mulder, Kohring, Martin, Grussendorf, Kelly, Foster No recommendation (2): Davies, Davis The following fiscal notes apply to CSHB 252(FIN): Fiscal note, Alaska Court System, 4/3/98 Fiscal notes (2), Dept. of Public Safety, 4/3/98 Fiscal note, Dept. of Corrections, 4/3/98 Fiscal note, Dept. of Administration, 2/18/98 Zero fiscal note, Dept. of Law, 4/3/98 1998-04-03 House Journal Page 2867 HB 252 HB 252 was referred to the Rules Committee for placement on the calendar. HB 393 The Resources Committee has considered: HOUSE BILL NO. 393 "An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in such contracts of terms making certain adjustments regarding royalty value and the timing and notice of the state's right to take royalty in kind or in value from such projects; relating to the effect of such contracts on municipal taxation; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 393(RES) "An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in the contracts of terms making certain adjustments regarding royalty value and the timing and notice of the state's right to take royalty in kind or in value from projects to develop stranded gas resources in the state; relating to the effect of the contracts on municipal taxation; and providing for an effective date." The report was signed by Representatives Ogan and Hudson, Co-chairs, with the following individual recommendations: Do pass (3): Ogan, Barnes, Dyson No recommendation (6): Hudson, Nicholia, Joule, Masek, Williams, Green 1998-04-03 House Journal Page 2868 HB 393 The following fiscal notes apply to CSHB 393(RES): Fiscal note, Dept. of Natural Resources, 2/11/98 Fiscal note, Dept. of Revenue, 2/11/98 HB 393 was referred to the Finance Committee. **The presence of Representative Kott was noted. SB 309 The State Affairs Committee has considered: SENATE BILL NO. 309 "An Act relating to the use of force by peace officers and correctional officers." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 309(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Berkowitz No recommendation (4): Elton, Ivan, Ryan, Hodgins The following fiscal notes apply to HCS SB 309(STA): Senate zero fiscal note, Dept. of Administration, 3/19/98 Senate zero fiscal note, Dept. of Corrections, 3/4/98 SB 309 was referred to the Judiciary Committee. 1998-04-03 House Journal Page 2869 REPORTS OF SPECIAL COMMITTEES A report of the Committee on Committees, dated April2, 1998, was read stating the members approve the appointment of Representative Sanders to the State Affairs Committee. The report was signed by Representative Phillips, Chair; and, Representatives Barnes, Kubina, Porter, Green and Kott. Representative Porter moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 340 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 340 by Representative Hodgins, entitled: "An Act relating to child abuse and neglect, child-in-need-of-aid proceedings, delinquency hearings, and review of cases involving certain children who are in the custody of the state; relating to the crime of endangering the welfare of a minor; relating to disclosure of information about children and their families; amending Rules 3, 7, 10, 15, 17 - 19, and 22, Alaska Child in Need of Aid Rules; amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 481 HOUSE BILL NO. 481 by the House State Affairs Committee, entitled: "An Act relating to application for and payment of permanent fund dividends of certain deceased individuals; and providing for an effective date." 1998-04-03 House Journal Page 2870 HB 481 was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 168 The following was read the second time: HOUSE BILL NO. 168 "An Act relating to use of traditional means of access to assist in taking game or fish and to traditional means of access for traditional outdoor activities on land and water set aside for fish and game purposes; and providing for an effective date." with the: Journal Page RES RPT CS(RES) 3DP 2DNP 2NR 2232 ZERO FISCAL NOTE (F&G) 2233 STA RPT CS(RES) 2DP 2DNP 3NR 2420 ZERO FISCAL NOTE (F&G) 2/6/98 2421 RLS RPT CS(RLS) 4DP 1DNP 2658 ZERO FISCAL NOTE (F&G) 2/6/98 2659 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. 168(RLS) (same title) There being no objection, it was so ordered. Representative Porter stated that CSHB 168(RLS) will be in third reading on the April 6, 1998 calendar. HB 353 The following was read the second time: 1998-04-03 House Journal Page 2871 HB 353 HOUSE BILL NO. 353 "An Act relating to adoption by reference in regulations; and providing for an effective date." with the: Journal Page HES RPT CS(HES) 5DP 1NR 2590 ZERO FISCAL NOTE (DHSS) 2591 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. 353(HES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kelly: Page 1, line 11, through page 2, line 4: Delete all material. Page 2, line 5: Delete "(2)" Page 3, line 2: Delete "AS 44.62.245(a)(2)" Insert "AS 44.62.245(a)" Representative Kelly 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 353(HES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 353(HES) am was read the third time. **The presence of Representative Therriault was noted. 1998-04-03 House Journal Page 2872 HB 353 Representative Porter moved and asked unanimous consent that CSHB 353(HES) am be held in third reading for the April 6, 1998 calendar. There being no objection, it was so ordered. HOUSE BILLS IN SECOND READING HB 264 The following, which had been held in second reading to today's calendar (page 2855) was again before the House: CS FOR HOUSE BILL NO. 264(FIN) "An Act relating to negotiated regulation making; and providing for an effective date." Representative Porter moved and asked unanimous consent that CSHB 264(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 264(FIN) was read the third time. The question being: "Shall CSHB 264(FIN) pass the House?" The roll was taken with the following result: CSHB 264(FIN) Third Reading Final Passage YEAS: 27 NAYS: 6 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Ivan, James, Joule, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Phillips, Porter, Sanders, Williams Nays: Kelly, Ogan, Rokeberg, Ryan, Therriault, Vezey Excused: Berkowitz, Croft, Hudson, Kemplen, Martin, Nicholia Absent: Hanley And so, CSHB 264(FIN) passed the House. 1998-04-03 House Journal Page 2873 HB 264 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 264(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 - Earl Beistline By Senators Sharp, Miller; Representatives Brice, Kelly, Therriault, Phillips, Berkowitz, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Marie Quirk Haggard By Senators Sharp, Miller; Representatives Brice, Kelly, Therriault, Phillips, Berkowitz, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, 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 Moses - from 6:30 a.m., plane time, April 9 to 9:30p.m., plane time, April 14, 1998 Representative Masek - from 1:41 p.m., plane time, April 3 to 9:30a.m., plane time, April 6, 1998 Representative Bunde - withdrawal of previous excused absence from 6:39 p.m., plane time, April 3 to 9:26 p.m., plane time, April 5, 1998 (page 2860) 1998-04-03 House Journal Page 2874 HB 380 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 380 "An Act relating to a temporary reduction of royalty on oil and gas produced for sale from fields within the Cook Inlet sedimentary basin where production is commenced in fields that have been discovered and undeveloped or that have been shut in." HB 405 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 405 "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." ENGROSSMENT HB 264 CSHB 264(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 135 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 1:15 p.m., April 3, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 135(L&C) "An Act extending the termination date of the Board of Dental Examiners to June 30, 2001; eliminating a requirement that a dental applicant's photograph be autographed; specifying the circumstances under which a person may be licensed as a dentist in this state without examination when the person is licensed as a dentist in another jurisdiction whose licensing requirements are not equivalent to this state's requirements; and providing for an effective date." 1998-04-03 House Journal Page 2875 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 3:00 p.m., 4/4 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 6, 1998. There being no objection, the House adjourned at 11:42 a.m. Suzi Lowell Chief Clerk