Legislature(1997 - 1998)

1998-04-07 House Journal

Full Journal pdf

1998-04-07                     House Journal                      Page 2895
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                      Tuesday              April 7, 1998         
                                                                               
                               Eighty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:11 a.m.                                                         
                                                                               
                                                                               
Roll call showed 33 members present.  Representatives Austerman,               
Dyson and Hudson had been previously excused from a call of the                
House today.  Representatives Barnes, Berkowitz, Hanley and Kott               
were absent and their presence was noted later.                                
                                                                               
                                                                               
The invocation was offered by the Chaplain, Major Neil Timpson of              
the Salvation Army.  Representative Porter moved and asked                     
unanimous consent that the invocation and corresponding letter be              
spread on the journal.  There being no objection, it appears below:            
                                                                               
"Dear Sir:                                                                    
                                                                               
I am writing in response to your request for more information                 
concerning Block No. 11 on the insurance form, wherein I put                   
'trying to do the job alone.'  You said you needed more                        
information, so I trust the following will be sufficient.  I am                
a bricklayer by trade and on the date of injuries, I was                       
working alone laying brick around the top of a four-story                      
building when I realized that I had about 500 pounds of bricks                 
left over.  Rather than carry the bricks down by hand, I                       
decided to put them into a barrel and lower them by a pulley                   
which was fastened to the top of the building.  I secured the                  
end of the rope at ground level and went up to the top of the                  
building and loaded the bricks into the barrel and swung the                   
barrel out with the bricks in it.  I then went down and untied                 

1998-04-07                     House Journal                      Page 2896
the rope, holding it securely to insure the slow descent of the                
barrel.  As you will note on Block No. 6 of the insurance                      
form, I weigh 175 pounds.  Due to my shock at being jerked                     
off the ground so swiftly, I lost my presence of mind, and                     
forgot to let go of the rope.  Between the second and third                    
floors, I met the barrel coming down.  This accounts for the                   
bruises and lacerations on my upper body.  Regaining my                        
presence of mind, I held tightly to the rope and proceeded                     
rapidly up the side of the building, not stopping until my right               
hand was jammed in the pulley.  This accounts for the broken                   
thumb.  Despite the pain, I retained my presence of mind and                   
held tightly to the rope.  At approximately the same time,                     
however, the barrel of bricks hit the ground -- and the bottom                 
fell out of the barrel.  Devoid of the weight of the bricks, the               
barrel now weighed about 50 pounds.  I again refer you to                      
Block No. 6 and my weight.  As you would guess, I began a                      
rapid descent.  In the vicinity of the second floor, I met the                 
barrel coming up.  This explains the injuries to my legs and                   
lower body.  Slowed only slightly, I continued my descent,                     
landing on the pile of bricks.  Fortunately, my back was only                  
sprained and the internal injuries were minimal.  I am sorry to                
report that at this point, I finally lost my presence of mind and              
let go of the rope.  As you can imagine, the empty barrel                      
crashed down on me.  I trust this answers your concern.                        
Please know that I am finished 'trying to do the job alone.'                   
                                                                               
                                                                               
Let us pray,                                                                  
                                                                               
Lord, help us to know today that we are not doing this job                    
alone.                                                                         
                                                                               
We have our peers here in this very important place and we                    
have You always with us.  Help these, our state leaders, to                    
work together in a way that pleases You and make this State                    
of Alaska even a better place to live in the years to come.                    
Amen."                                                                         
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Vezey.                      
                                                                               

1998-04-07                     House Journal                      Page 2897
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 85th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SB 159                                                                       
A message dated April 7, 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:               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 159(FIN)                                  
"An Act relating to the new business incentive program."                      
                                                                               
Chapter No. 8, SLA 1998                                                       
Effective Date:  July 5, 1998                                                 
                                                                               
                                                                               
**The presence of Representatives Barnes and Berkowitz was noted.              
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated April 6, 1998, was read stating the Senate has passed          
the following, and they are transmitted for consideration:                     
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 218                                                                       
CS FOR SENATE BILL NO. 218(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act relating to the crimes of murder, manslaughter, and                   
criminally negligent homicide; relating to homicides of children;              
and relating to the crime of interference with custody of a child or           
incompetent person."                                                           

1998-04-07                     House Journal                      Page 2898
SB 218                                                                       
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 234                                                                       
CS FOR SENATE BILL NO. 234(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act extending the termination date of the Board of Governors              
of the Alaska Bar Association."                                                
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
SB 304                                                                       
CS FOR SENATE BILL NO. 304(RLS) by the Senate Rules                            
Committee, entitled:                                                           
                                                                               
"An Act relating to the bail or fine for an offense committed in a            
highway work zone; and providing for an effective date."                       
                                                                               
was read the first time and referred to the Transportation and Judiciary       
Committees.                                                                    
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following audit report was received:                                       
                                                                               
Division of Legislative Audit                                                  
Legislative Budget & Audit Committee                                           
Dept. of Health & Social Services                                              
Division of Family and Youth Services                                          
Selected Child Protection Issues                                               
March 26, 1998                                                                 
(as required by AS 24.20.311)                                                  
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 375                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               

1998-04-07                     House Journal                      Page 2899
HB 375                                                                       
HOUSE BILL NO. 375                                                            
"An Act relating to children in need of aid matters and                       
proceedings; relating to murder of children, criminally negligent              
homicide, kidnapping, criminal nonsupport, the crime of indecent               
exposure, and the crime of endangering the welfare of a child;                 
relating to registration of certain sex offenders; relating to                 
sentencing for certain crimes involving child victims; relating to             
the state medical examiner and reviews of child fatalities; relating           
to teacher certification and convictions of crimes involving child             
victims; relating to access, confidentiality, and release of certain           
information concerning the care of children, child abuse and                   
neglect, and child fatalities; authorizing the Department of Health            
and Social Services to enter into an interstate compact concerning             
adoption and medical assistance for certain children with special              
needs; authorizing the establishment of a multidisciplinary child              
protection team to review reports of child abuse or neglect;                   
relating to immunity from liability for certain state actions                  
concerning matters involving child protection and fatality reviews             
and children in need of aid; relating to persons required to report            
suspected child abuse or neglect; relating to foster care placement            
and to payment for children in foster and other care and the waiver            
of certain foster care requirements; relating to the access to certain         
criminal justice information and licensure of certain child care               
facilities; amending Rule 218, Alaska Rules of Appellate                       
Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in                
Need of Aid Rules; and providing for an effective date."                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 375(HES)                                                
"An Act relating to children-in-need-of-aid matters and                       
proceedings; relating to child abuse and neglect; relating to murder           
of children, kidnapping, the crime of indecent exposure, and the               
crime of endangering the welfare of a child; relating to sentencing            
for certain crimes involving child victims; relating to the state              
medical examiner and reviews of child fatalities; relating to                  
teacher certification and convictions of crimes involving child                
victims; relating to access, confidentiality, and release of certain           
information concerning the care of children, child abuse and                   
neglect, and child fatalities; authorizing the Department of Health            

1998-04-07                     House Journal                      Page 2900
HB 375                                                                       
and Social Services to enter into an interstate compact concerning            
adoption and medical assistance for certain children with special              
needs; relating to the review of cases involving certain children              
who are in the custody of the state; authorizing the establishment             
of multidisciplinary child protection teams and relating to their              
duties; relating to persons required to report suspected child abuse           
or neglect; relating to foster care placement and foster care                  
licensing; relating to access to certain criminal justice information          
and licensure of certain child care facilities; relating to                    
determinations of child custody and visitation in situations                   
involving domestic violence; amending Rule 218, Alaska Rules of                
Appellate Procedure; amending the Alaska Child in Need of Aid                  
Rules; and providing for an effective date."                                   
                                                                               
The report was signed by Representative Bunde, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Dyson, Green, Bunde, Brice, Porter                               
                                                                               
The following fiscal notes apply to CSHB 375(HES):                             
                                                                               
Fiscal note, Dept. of Corrections, 4/7/98                                      
Fiscal note, Dept. of Health & Social Services, 4/7/98                         
Fiscal note, Alaska Court System, 4/7/98                                       
Fiscal note, Office of the Governor/Various Depts., 2/2/98                     
                                                                               
HB 375 was referred to the Judiciary Committee.                                
                                                                               
HB 393                                                                       
The Finance 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."                                

1998-04-07                     House Journal                      Page 2901
HB 393                                                                       
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 Therriault and Hanley,                
Co-chairs, with the following individual recommendations:                      
                                                                               
Do pass (4):  Davies, Mulder, Kohring, Foster                                  
                                                                               
No recommendation (5):  Therriault, Martin, Kelly, Grussendorf,                
Hanley                                                                         
                                                                               
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 Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 406                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 406                                                            
"An Act relating to subsistence uses of fish and game."                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 406(JUD)                                                
"An Act relating to fish and game; and providing for an effective             
date."                                                                         

1998-04-07                     House Journal                      Page 2902
HB 406                                                                       
The report was signed by Representative Bunde, Vice-chair, with the            
following individual recommendations:                                          
                                                                               
Do pass (1):  Bunde                                                            
                                                                               
Do not pass (1):  Berkowitz                                                    
                                                                               
No recommendation (2):  Porter, James                                          
                                                                               
Amend (2):  Croft, Rokeberg                                                    
                                                                               
The following fiscal note applies to CSHB 406(JUD):                            
                                                                               
Indeterminate fiscal note, House Judiciary Committee, 4/7/98                   
                                                                               
HB 406 was referred to the Finance Committee.                                  
                                                                               
HB 451                                                                       
The Judiciary 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(JUD)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Bunde, Vice-chair, with the            
following individual recommendations:                                          
                                                                               
Do pass (6):  Croft, Berkowitz, James, Porter, Rokeberg, Bunde                 
                                                                               
The following fiscal note applies to CSHB 451(JUD):                            
                                                                               
Zero fiscal note, Dept. of Law, 4/6/98                                         
                                                                               
HB 451 was referred to the Rules Committee for placement on the                
calendar.                                                                      

1998-04-07                     House Journal                      Page 2903
HB 472                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 472                                                            
"An Act relating to apportionment of business income."                        
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (5):  Mulder, Martin, Davis, Kelly, Foster                             
                                                                               
No recommendation (4):  Therriault, Davies, Grussendorf, Moses                 
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Revenue, 3/31/98                                         
                                                                               
HB 472 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 475                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 475                                                            
"An Act establishing a standard for determining when an injured               
worker is eligible for reemployment benefits and establishing a                
procedure for adopting a new, revised, or replacement standard for             
determining when an injured worker is eligible for reemployment                
benefits."                                                                     
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Cowdery, Sanders, Brice, Ryan, Rokeberg                          
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Labor, 4/7/98                                       
                                                                               
HB 475 was referred to the Rules Committee for placement on the                
calendar.                                                                      

1998-04-07                     House Journal                      Page 2904
HB 480                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE BILL NO. 480                                                            
"An Act relating to maintenance of state marine vessels; and                  
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 480(TRA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Cowdery, Williams                                                
                                                                               
No recommendation (4):  Elton, Kookesh, Sanders, Masek                         
                                                                               
The following fiscal note applies to CSHB 480(TRA):                            
                                                                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 4/7/98          
                                                                               
HB 480 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
SB 195                                                                       
The Judiciary Committee has considered:                                        
                                                                               
SENATE BILL NO. 195                                                           
"An Act relating to common law liens, to remedies, costs, and fees            
imposed for the registration, filing, or recording of certain                  
nonconsensual common law liens, and to penalties for recording                 
common law liens."                                                             
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Rokeberg, Porter, James, Bunde, Green                            
                                                                               

1998-04-07                     House Journal                      Page 2905
SB 195                                                                       
The following fiscal notes apply:                                              
                                                                               
Senate zero fiscal note, Dept. of Law, 1/28/98                                 
Senate zero fiscal note, Alaska Court System, 1/28/98                          
                                                                               
SB 195 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 469                                                                       
The House Special Committee on Oil & Gas has considered:                       
                                                                               
HOUSE BILL NO. 469                                                            
"An Act approving the sale of Prudhoe Bay Unit royalty oil by the             
State of Alaska to Mapco Alaska Petroleum, Inc.; and providing                 
for an effective date."                                                        
                                                                               
The report was signed by Representative Hodgins, Chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (4):  Rokeberg, Bunde, Brice, Hodgins                                  
                                                                               
No recommendation (1): Ryan                                                    
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Natural Resources, 3/13/98                               
                                                                               
HB 469 was referred to the House Special Committee on Economic                 
Development.                                                                   
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       

1998-04-07                     House Journal                      Page 2906
Honoring - Margaret Russell, 1998 Business Leader of the Year                  
By Representative Brice                                                        
                                                                               
Honoring - Ann Symons, President-Elect, American Library                       
Association                                                                    
By Senator Duncan; Representatives Elton, Hudson                               
                                                                               
Honoring - Amanda Heyano                                                       
By Senator Hoffman                                                             
                 INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 483                                                                       
HOUSE BILL NO. 483 by the House Rules Committee, entitled:                     
                                                                               
"An Act relating to processors of sport caught fish; requiring                
certain nonresident alien sport fishermen to be accompanied by a               
sport fishing guide; and providing for an effective date."                     
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 317                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 317                                                            
"An Act relating to investments of the Alaska Permanent Fund                  
Corporation."                                                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  10DP                                                    2705         
	FISCAL NOTE (REV)                                                2706         
                                                                               

1998-04-07                     House Journal                      Page 2907
HB 317                                                                       
Representative Porter moved and asked unanimous consent that                   
HB317 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB317 was read the third time.                                                 
                                                                               
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
The question being:  "Shall HB317 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HB 317                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  25   NAYS:  12   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton,          
Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kott, Martin,          
Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault         
                                                                               
Nays:  Barnes, Hodgins, Kelly, Kemplen, Kohring, Kookesh, Kubina,              
Ogan, Ryan, Sanders, Vezey, Williams                                           
                                                                               
Excused:  Austerman, Dyson, Hudson                                             
                                                                               
And so, HB317 passed the House and was referred to the Chief Clerk             
for engrossment.                                                               
                                                                               
                                                                               
HB 459                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 459                                                            
"An Act relating to medical assistance for certain disabled persons;          
relating to the priorities established for the medical assistance              
program."                                                                      

1998-04-07                     House Journal                      Page 2908
HB 459                                                                       
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 6DP                                          2594         
	4 FNS (DHSS)                                                     2595         
	FIN RPT  CS(FIN) NT 11DP                                         2747         
	4 FNS (DHSS) 3/11/98                                             2748         
                                                                               
                                                                               
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. 459(FIN)                                                
"An Act establishing new eligibility for medical assistance for               
certain disabled persons and giving their eligibility for services the         
highest priority among optional services and groups under the                  
medical assistance program; amending the definition of 'personal               
care services in a recipient's home' as used in the medical                    
assistance program; moving midwife services from being the first               
to being the 15th service eliminated under the medical assistance              
program when there is insufficient funding; and adjusting the                  
priority of optional services and optional eligible groups under the           
medical assistance program in order to reflect the new priorities              
given to the newly-eligible disabled persons and to midwife                    
services but without otherwise changing the relative order of the              
other optional services and optional groups."                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Brice:                           
                                                                               
Page 1, line 6 (title amendment):                                              
Delete "15th"                                                               
Insert "14th"                                                               
                                                                               
Page 3, lines 1 - 3:                                                           
	Delete all material                                                           
	Insert:  		"(14) midwife services;                                        
                                                                               
			  		(15) rehabilitative services for substance abusers                      
and emotionally disturbed or chronically mentally ill adults;"                 

1998-04-07                     House Journal                      Page 2909
HB 459                                                                       
Representative Brice moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Ogan objected.                                                  
                                                                               
Representative Ryan moved and asked unanimous consent that he be               
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Ryan was required to vote.                       
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 459(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  33   NAYS:  3   EXCUSED:  3   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,                
Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan,               
James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek,            
Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Sanders, Therriault,          
Williams                                                                       
                                                                               
Nays:  Kohring, Ogan, Vezey                                                    
                                                                               
Excused:  Austerman, Dyson, Hudson                                             
                                                                               
Absent:  Rokeberg                                                              
                                                                               
And so, Amendment No. 1 was adopted and the new title appears                  
below:                                                                         
                                                                               
CS FOR HOUSE BILL NO. 459(FIN) am                                             
"An Act establishing new eligibility for medical assistance for               
certain disabled persons and giving their eligibility for services the         
highest priority among optional services and groups under the                  
medical assistance program; amending the definition of 'personal               
care services in a recipient's home' as used in the medical                    
assistance program; moving midwife services from being the first               
to being the 14th service eliminated under the medical assistance              
program  when  there  is  insufficient  funding; and  adjusting  the           

1998-04-07                     House Journal                      Page 2910
HB 459                                                                       
priority of optional services and optional eligible groups under the          
medical assistance program in order to reflect the new priorities              
given to the newly-eligible disabled persons and to midwife                    
services but without otherwise changing the relative order of the              
other optional services and optional groups."                                  
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
459(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 459(FIN) am was read the third time.                                      
                                                                               
The question being:  "Shall CSHB 459(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 459(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,                
Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan,               
James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina,                  
Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter,                
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
Excused:  Austerman, Dyson, Hudson                                             
                                                                               
Absent:  Vezey                                                                 
                                                                               
And so, CSHB 459(FIN) am passed the House and was referred to the              
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 380                                                                       
The following, which was advanced to third reading from the April6,            
1998 calendar (page 2887), was read the third time:                            
                                                                               

1998-04-07                     House Journal                      Page 2911
HB 380                                                                       
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."                                                            
                                                                               
Title Amendment was offered by Representatives Therriault and                  
Hodgins:                                                                       
                                                                               
Page 1, line 2:                                                                
	Delete "certain fields within the Cook Inlet sedimentary basin"             
	Insert "certain fields described as being located within the Cook            
Inlet sedimentary basin, as having been discovered before January              
1, 1988, and as having been undeveloped or shut in from at least               
January 1, 1988, through December 31, 1997"                                   
                                                                               
Representative Therriault moved and asked unanimous consent that the           
title amendment be adopted.   There being no objection, it was so              
ordered and the new title appears below:                                       
                                                                               
CS FOR HOUSE BILL NO. 380(FIN)(title am)                                      
"An Act relating to a temporary reduction of royalty on oil and               
gas produced for sale from certain fields described as being                   
located within the Cook Inlet sedimentary basin, as having been                
discovered before January 1, 1988, and as having been                          
undeveloped or shut in from at least January 1, 1988, through                  
December 31, 1997."                                                            
                                                                               
The question being:  "Shall CSHB 380(FIN)(title am) pass the House?"           
The roll was taken with the following result:                                  
                                                                               
CSHB 380(FIN)(title am)                                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  26   NAYS:  11   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Bunde, Cowdery, Davis, Foster, Green, Hanley,            
Hodgins, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek,            
Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey,                
Williams                                                                       
                                                                               

1998-04-07                     House Journal                      Page 2912
HB 380                                                                       
Nays:  Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kookesh,           
Kubina, Moses, Nicholia, Therriault                                            
                                                                               
Excused:  Austerman, Dyson, Hudson                                             
                                                                               
And so, CSHB 380(FIN)(title am) passed the House                               
                                                                               
Representative Hodgins gave notice of reconsideration of his vote on           
CSHB 380(FIN)(title am).                                                       
                                                                               
Representative Hodgins moved and asked unanimous consent that the              
reconsideration on CSHB 380(FIN)(title am) be taken up on the same             
day.                                                                           
                                                                               
Representative Vezey objected.                                                 
                                                                               
Representative Hodgins moved and asked unanimous consent to                    
withdraw his motion.  There being no objection, it was so ordered.             
                                                                               
Representative Hodgins withdrew his notice of reconsideration.                 
                                                                               
CSHB 380(FIN)(title am) was referred to the Chief Clerk for                    
engrossment.                                                                   
                                                                               
                                                                               
HB 462                                                                       
The following, which was advanced to third reading from the April6,            
1998 calendar (page 2888), was read the third time:                            
                                                                               
CS FOR HOUSE BILL NO. 462(STA)                                                
"An Act relating to the contents of certain state documents."                 
                                                                               
The question being:  "Shall CSHB 462(STA) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 462(STA)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  27   NAYS:  9   EXCUSED:  3   ABSENT:  1                              

1998-04-07                     House Journal                      Page 2913
HB 462                                                                       
Yeas:  Barnes, Berkowitz, Brice, Bunde, Cowdery, Davis, Elton,                 
Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey                                                     
                                                                               
Nays:  Croft, Davies, Grussendorf, Joule, Kemplen, Kookesh, Kubina,            
Moses, Nicholia                                                                
                                                                               
Excused:  Austerman, Dyson, Hudson                                             
                                                                               
Absent:  Williams                                                              
                                                                               
And so, CSHB 462(STA) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citation on the calendar.  There being no objection,         
the following citation was approved and sent to enrolling:                     
                                                                               
Honoring - Wayne Mergler                                                       
By Senator Ellis; Representatives Berkowitz, Brice, Bunde, Croft,              
Davies, Elton, Grussendorf, Ivan, James, Joule, Kemplen, Kott,                 
Kubina, Ryan, 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 Hanley - from 6:45 p.m., plane time, April 9 to                 
1:57p.m., plane time, April 14, 1998 (amended from page 2836)                  
                                                                               
Representative Rokeberg - from 6:00 p.m., plane time, April 9 to               
9:45a.m., plane time, April 14, 1998 (amended from page 2801)                  
                                                                               

1998-04-07                     House Journal                      Page 2914
HJR 46                                                                       
Representative Kubina moved and asked unanimous consent that the               
following resolution be withdrawn from the Resources Committee and             
referred to the Finance Committee:                                             
                                                                               
HOUSE JOINT RESOLUTION NO. 46                                                 
Proposing an amendment to the Constitution of the State of Alaska             
authorizing a priority for subsistence uses of renewable natural               
resources that is based on place of residence; and providing for an            
effective date.                                                                
                                                                               
Representative Barnes objected.                                                
                                                                               
Representative Davies placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
Representative Kubina moved and asked unanimous consent to                     
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 168                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
CS FOR HOUSE BILL NO. 168(RLS)(efd fld)                                       
"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."                                                            
                                                                               
HB 317                                                                       
HB 317 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 380                                                                       
CSHB 380(FIN)(title am) was engrossed, signed by the Speaker and               
Chief Clerk and transmitted to the Senate for consideration.                   

1998-04-07                     House Journal                      Page 2915
HB 459                                                                       
CSHB 459(FIN) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 462                                                                       
CSHB 462(STA) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HB 53                                                                        
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 2:20p.m.,             
April 7, 1998:                                                                 
                                                                               
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 following memorandum, dated April 6, 1998, was received from               
Jill Bryson, Enrolling Secretary, Division of Legal and Research               
Services:                                                                      
                                                                               
"In accordance with Rule 43 of the Uniform Rules, I am reporting the           
following manifest error in SCS CSHB 53(FIN) am S that has been                
corrected in enrolling:                                                        
                                                                               
Page 4, line 18:                                                               
	Delete "Act, this"                                                            
                                                                               
                                                                               

1998-04-07                     House Journal                      Page 2916
                                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., 4/7 meeting CHANGED TO:                      1:30 p.m., 4/7         
                                                                               
Finance Committee                                                              
1:30 p.m., 4/7 meeting CHANGED TO:                      2:00 p.m., 4/7         
                                                                               
Finance Committee                                                              
7:00 p.m., 4/7 meeting CANCELED                                                
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 8, 1998.  There being no                 
objection, the House adjourned at 1:31 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk