Legislature(1997 - 1998)
1998-04-06 House Journal
Full Journal pdf1998-04-06 House Journal Page 2881 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 6, 1998 Eighty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:20 a.m. Roll call showed 33 members present. Representatives Austerman, Dyson and Nicholia had been previously excused from a call of the House today. Representative Green was excused due to illness. Representatives Hanley and Ogan were absent and their presence was noted later. 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, Major Neil Timpson of the Salvation Army. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let's pray, Lord, this week, this holy week that we now celebrate, I pray for the legislature and the duties that they have. It is a massive undertaking and I pray for strength for them to be able to face the tasks ahead and stand tall. 'It may be Friday, but Sunday is coming.' Amen." 1998-04-06 House Journal Page 2882 The Pledge of Allegiance was led by Representative Porter. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 82nd, 83rd and 84th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated April 3, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 334 CS FOR SENATE BILL NO. 334(FIN) by the Senate Finance Committee, entitled: "An Act relating to guidelines and standards for state training programs; relating to the Alaska Human Resource Investment Council; extending the termination date of the state training and employment program; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. COMMUNICATIONS The following reports were received: Dept. of Administration Division of Personnel Report on the Monetary Terms of the Collective Bargaining Agreement Between the University of Alaska and United Academics-AAUP/AFT (as required by AS 23.40.070 - 260) 1998-04-06 House Journal Page 2883 The Speaker referred the report to the Finance Committee. Dept. of Fish & Game Office of the Commissioner Status of Brown Bears and Other Natural Resources in the McNeil River State Game Sanctuary and Refuge Annual Report, January 1998 (as required by AS 16.20.041 and AS 16.20.160) Dept. of Public Safety Council on Domestic Violence and Sexual Assault Alaska's Status Report 1996-1997 (as required by AS 18.66.050) REPORTS OF STANDING COMMITTEES HB 12 The Finance Committee has considered: HOUSE BILL NO. 12 "An Act relating to civil liability for injuries or death resulting from equine activities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 12(FIN) "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." The report was signed by Representatives Hanley and Therriault, Co-chairs, with the following individual recommendations: Do pass (2): Mulder, Davis No recommendation (5): Therriault, Kelly, Hanley, Davies, Moses Amend (1): Grussendorf 1998-04-06 House Journal Page 2884 HB 12 The following fiscal note applies to CSHB 12(FIN): Zero fiscal note, Dept. of Law, 2/12/98 HB 12 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Ogan was noted. HB 451 The Labor & Commerce Committee has considered: HOUSE BILL NO. 451 "An Act relating to assistive technology devices and mobility aids for physically disabled persons." and recommends it be replaced with: CS FOR HOUSE BILL NO. 451(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Cowdery, Brice, Kubina, Ryan, Rokeberg The following fiscal note applies to CSHB 451(L&C): Zero fiscal note, Dept. of Law, 4/6/98 HB 451 was referred to the Judiciary Committee. SB 76 The Finance Committee has considered: CS FOR SENATE BILL NO. 76(RLS) "An Act relating to results-based government and the state budget; relating to state agency program and financial plans; relating to the 1998-04-06 House Journal Page 2885 SB 76 withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 76(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (4): Therriault, Mulder, Kelly, Foster No recommendation (3): Moses, Davis, Hanley Amend (2): Davies, Grussendorf The following fiscal note applies to HCS CSSB 76(FIN): Senate zero fiscal note, Senate Finance Committee/All Depts., 3/20/98 CSSB 76(RLS) was referred to the Rules Committee for placement on the calendar. SB 158 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 158(L&C) "An Act relating to motor vehicle liability insurance covering a person who has had the person's driver's license revoked for possession or consumption of alcohol while under 21 years of age." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 158(L&C) (same title) 1998-04-06 House Journal Page 2886 SB 158 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Cowdery, Kubina, Ryan, Rokeberg No recommendation (1): Brice The following fiscal notes apply to HCS CSSB 158(L&C): Senate zero fiscal note, Dept. of Administration, 2/20/98 Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/20/98 CSSB 158(L&C) was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Wayne Mergler By Senator Ellis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 482 HOUSE BILL NO. 482 by the House Transportation Committee, entitled: "An Act relating to registration of noncommercial trailers and to registration of vehicles owned by disabled persons or persons who are 65 years of age or older; and providing for an effective date." was read the first time and referred to the Transportation Committee. 1998-04-06 House Journal Page 2887 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 380 The following was read the second time: 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." with the: Journal Page O&G RPT CS(O&G) 3DP 3NR 1AM 2619 INDETERMINATE FISCAL NOTE (DNR) 2620 FIN RPT CS(FIN) NT 3DP 3NR 1AM 2786 INDETERMINATE FISCAL NOTE (DNR) 3/13/98 2787 **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. 380(FIN) "An Act relating to a temporary reduction of royalty on oil and gas produced for sale from certain fields within the Cook Inlet sedimentary basin." There being no objection, it was so ordered. The Speaker stated that CSHB 380(FIN) will be in third reading on tomorrow's calendar. HB 462 The following was read the second time: HOUSE BILL NO. 462 "An Act relating to the contents of certain state documents." 1998-04-06 House Journal Page 2888 HB 462 with the: Journal Page STA RPT CS(STA) 3DP 2NR 2706 ZERO FISCAL NOTE (GOV/ALL DEPT'S) 2706 FIN RPT CS(STA) 5DP 1DNP 1NR 2831 ZERO FISCAL NOTE (GOV/ALL DEPTS) 3/23/98 2831 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. 462(STA) (same title) There being no objection, it was so ordered. The Speaker stated that CSHB 462(STA) will be in third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 168 The following, which was advanced to third reading from the April3, 1998 calendar (page 2870), was read the third time: CS FOR HOUSE BILL NO. 168(RLS) "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." The question being: "Shall CSHB 168(RLS) pass the House?" The roll was taken with the following result: CSHB 168(RLS) Third Reading Final Passage YEAS: 24 NAYS: 9 EXCUSED: 5 ABSENT: 2 1998-04-06 House Journal Page 2889 HB 168 Yeas: Barnes, Brice, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Excused: Austerman, Dyson, Green, Hudson, Nicholia Absent: Martin, Moses And so, CSHB 168(RLS) 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 168(RLS) Third Reading Effective Date YEAS: 23 NAYS: 10 EXCUSED: 5 ABSENT: 2 Yeas: Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina Excused: Austerman, Dyson, Green, Hudson, Nicholia Absent: Martin, Moses Berkowitz changed from "Yea" to "Nay". And so, lacking the necessary 27 votes, the effective date clause was not adopted. Representative Therriault gave notice of reconsideration of his vote on CSHB 168(RLS)(efd fld). 1998-04-06 House Journal Page 2890 HOUSE BILLS IN THIRD READING HB 353 The following, which had been held in third reading to today's calendar (page 2872), was again before the House: CS FOR HOUSE BILL NO. 353(HES) am "An Act relating to adoption by reference in regulations; and providing for an effective date." Representative Kelly moved and asked unanimous consent that CSHB 353(HES) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Kelly: Page 4, lines 8 - 14: Delete all material. Renumber the following paragraphs accordingly. Representative Kelly moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brice objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 353(HES) am Second Reading Amendment No. 2 YEAS: 26 NAYS: 7 EXCUSED: 5 ABSENT: 2 Yeas: Barnes, Bunde, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Vezey 1998-04-06 House Journal Page 2891 HB 353 Excused: Austerman, Dyson, Green, Hudson, Nicholia Absent: Kookesh, Moses And so, Amendment No. 2 was adopted. The question being: "Shall CSHB 353(HES) am pass the House?" The roll was taken with the following result: CSHB 353(HES) am Third Reading Final Passage YEAS: 32 NAYS: 2 EXCUSED: 5 ABSENT: 1 Yeas: Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kemplen, Vezey Excused: Austerman, Dyson, Green, Hudson, Nicholia Absent: Moses And so, CSHB 353(HES) 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 353(HES) am was referred to the Chief Clerk for engrossment. 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: 1998-04-06 House Journal Page 2892 Representative Kubina - from 1:41 p.m., plane time, April 8 to 9:26p.m., plane time, April 13, 1998 Representative Hudson - from today to 2:17 p.m., plane time, April 9, 1998 (amended from page 2881) The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated April 6, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 299 SENATE BILL NO. 299 by Senator Leman, entitled: "An Act relating to the treatment of well test flares, nonroad engines, and aggregated fuel burning equipment associated with nonroad engines under the state's air quality control program; defining 'stationary source' for purposes of the state's air quality program." was read the first time and referred to the Finance Committee. UNFINISHED BUSINESS HB 12 Representative Hudson added his name as cosponsor to: HOUSE BILL NO. 12 "An Act relating to civil liability for injuries or death resulting from equine activities." 1998-04-06 House Journal Page 2893 ENGROSSMENT HB 353 CSHB 353(HES) am 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. The following meeting today has been changed as indicated: Transportation Committee 1:00 p.m., 4/6 meeting CHANGED TO: 1:15 p.m., 4/6 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 7, 1998. There being no objection, the House adjourned at 12:43 p.m. Suzi Lowell Chief Clerk