Legislature(1997 - 1998)

1998-04-03 House Journal

Full Journal pdf

1998-04-03                     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