Legislature(1997 - 1998)

1998-04-08 House Journal

Full Journal pdf

1998-04-08                     House Journal                      Page 2919
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                     Wednesday             April 8, 1998         
                                                                               
                              Eighty-seventh Day                             
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:14 a.m.                                                         
                                                                               
                                                                               
Roll call showed 34 members present.  Representative Hudson had                
been previously excused from a call of the House today.                        
Representatives Davies, Hanley, Kubina, Moses and Williams were                
absent and their presence was noted later.                                     
                                                                               
                                                                               
The invocation was offered by the Chaplain, Major Neil Timpson of              
the Salvation Army.  Representative Brice moved and asked                      
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"Shall we pray,                                                               
                                                                               
Lord, help us to keep our priorities in order to know Who's in                
charge; and that we are carrying the right stuff along with us;                
and to always know where we are headed.  Amen."                                
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Ogan.                       
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 86th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     

1998-04-08                     House Journal                      Page 2920
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated April 7, 1998, was read stating the Senate has passed          
the following, and it is transmitted for consideration:                        
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 242                                                                       
CS FOR SENATE BILL NO. 242(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act providing for the forfeiture of good time sentence credits            
of sex offenders who fail to successfully complete sex offender                
treatment programs."                                                           
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
**The presence of Representative Moses was noted.                              
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 471                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 471                                                            
"An Act relating to the boards of commissioners of regional                   
Native housing authorities."                                                   
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 471(CRA)                                                
"An Act relating to the boards of commissioners of regional                   
Native housing authorities; relating to the reinstatement of Native            
corporations; and providing for an effective date."                            
                                                                               
The report was signed by Representative Ivan, Chair, with the                  
following individual recommendations:                                          

1998-04-08                     House Journal                      Page 2921
HB 471                                                                       
Do pass (5):  Sanders, Dyson, Kookesh, Ivan, Joule                             
                                                                               
No recommendation (2):  Ogan, Ryan                                             
                                                                               
The following fiscal note applies to CSHB 471(CRA):                            
                                                                               
Zero fiscal note, Dept. of Revenue, 4/8/98                                     
                                                                               
HB 471 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SCR 14                                                                       
The Rules Committee has considered:                                            
                                                                               
CS FOR SENATE CONCURRENT RESOLUTION NO. 14(FIN)                               
Establishing the Alaska Task Force on Parity for Mental Health.               
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE CONCURRENT                                         
RESOLUTION NO. 14(RLS)                                                         
(same title)                                                                  
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (4):  Nicholia, Kott, Elton, Phillips                                  
                                                                               
No recommendation (2):  Porter, Williams                                       
                                                                               
The following fiscal note applies to HCS CSSCR 14(RLS):                        
                                                                               
Senate zero fiscal note, Senate Finance Committee, 3/20/98                     
                                                                               
CSSCR 14(FIN) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               
SB 299                                                                       
The Finance Committee has considered:                                          

1998-04-08                     House Journal                      Page 2922
SB 299                                                                       
SENATE BILL NO. 299                                                           
"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."                                                                      
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (3):  Mulder, Kohring, Foster                                          
                                                                               
Do not pass (1):  Davies                                                       
                                                                               
No recommendation (3):  Therriault, Martin, Grussendorf                        
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate fiscal note, Senate Finance Committee/Dept. of Environmental            
Conservation, 4/2/98                                                           
                                                                               
SB 299 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Sergeant Philip R. Allen, Noncommissioned Officer of the            
Year, Fort Wainwright                                                          
By Representative Vezey                                                        
                                                                               
Honoring - 1998 Newhalen Malamute Boys' Basketball Team                        
By Representative Moses                                                        
                                                                               
Honoring - 1998 Newhalen Malamute Girls' Basketball Team                       
By Representative Moses                                                        

1998-04-08                     House Journal                      Page 2923
Honoring - Austin E. Lathrop High School and Alaska Association of             
Student Governments                                                            
By Senator Wilken; Representative Brice                                        
                                                                               
In Memoriam - Richard Duane Krause                                             
By Representative Vezey                                                        
                                                                               
In Memoriam - Jewell D. Barrett                                                
By Representative Vezey                                                        
                                                                               
In Memoriam - Elder Lebert                                                     
By Representative Vezey                                                        
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 261                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 261                                                            
"An Act relating to a surcharge imposed for violations of state or            
municipal law and to the Alaska police training fund."                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) NT 4DP 1NR                                      2494         
	FISCAL NOTE (COURT)                                              2494         
	ZERO FISCAL NOTE (ADM)                                           2494         
	FIN RPT  CS(FIN) NT 5DP 1DNP 2NR                                 2615         
	2 FISCAL NOTES (DPS, COURT)                                      2616         
	ZERO FISCAL NOTE (DPS)                                           2616         
	ZERO FISCAL NOTE (ADM) 3/4/98                                    2616         
                                                                               
                                                                               
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. 261(FIN)                                                
"An Act relating to fines and to a surcharge imposed for violations           
of state or municipal law and to the Alaska police training fund."             

1998-04-08                     House Journal                      Page 2924
HB 261                                                                       
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Davis:                           
                                                                               
Page 3, lines 6 - 9:                                                           
	Delete	 		"(A)  $15 if the fine or bail forfeiture amount                   
		for the offense is $30 or more; or                                           
			(B)  $5 if the fine or bail forfeiture amount for                         
the offense is less than $30"                                                
	Insert "$15 if the fine or bail forfeiture amount for the offense           
is $30 or more"                                                              
                                                                               
Page 4, line 7, following "fine":                                              
	Insert "of $30 or more"                                                       
                                                                               
Representative Davis 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
261(FIN) am be considered engrossed, advanced to third reading and             
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 261(FIN) am was read the third time.                                      
                                                                               
                                                                               
**The presence of Representatives Davies, Hanley, Kubina and                   
Williams was noted.                                                            
                                                                               
                                                                               
The question being:  "Shall CSHB 261(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 261(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  25   NAYS:  12   EXCUSED:  1   ABSENT:  2                             

1998-04-08                     House Journal                      Page 2925
HB 261                                                                       
Yeas:  Austerman, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis,             
Elton, Foster, Green, Grussendorf, Hodgins, Ivan, Joule, Kemplen,              
Kookesh, Kubina, Martin, Moses, Nicholia, Phillips, Porter, Rokeberg,          
Ryan, Williams                                                                 
                                                                               
Nays:  Barnes, Dyson, Hanley, Kelly, Kohring, Kott, Masek, Mulder,             
Ogan, Sanders, Therriault, Vezey                                               
                                                                               
Excused:  Hudson                                                               
                                                                               
Absent:  Brice, James                                                          
                                                                               
And so, CSHB 261(FIN) am passed the House.                                     
                                                                               
Representative Vezey gave notice of reconsideration of his vote on             
CSHB 261(FIN) am.                                                              
                                                                               
HB 472                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 472                                                            
"An Act relating to apportionment of business income."                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  5DP 1NR                                                 2811         
	FISCAL NOTE (REV)                                                2811         
	FIN RPT  5DP 4NR                                                 2903         
	FISCAL NOTE (REV) 3/31/98                                        2903         
                                                                               
Amendment No. 1 was offered  by Representative Rokeberg:                        
                                                                               
Page 1, line 1 (title amendment):                                              
	Delete all material.                                                          
	Insert ""An Act relating to taxation of business income; and                 
providing for an effective date.""                                            
                                                                               
Page 1, following line 10:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 3.  This Act takes effect immediately under                       
AS01.10.070(c)."                                                               

1998-04-08                     House Journal                      Page 2926
HB 472                                                                       
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kubina objected.                                                
                                                                               
Representative Rokeberg moved and asked unanimous consent to                   
withdraw Amendment No. 1.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
Representative Porter moved and asked unanimous consent that                   
HB472 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB472 was read the third time.                                                 
                                                                               
The question being:  "Shall HB472 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HB 472                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  34   NAYS:  1   EXCUSED:  1   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies,             
Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins,              
Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin,           
Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault,       
Vezey, Williams                                                                
                                                                               
Nays:  Moses                                                                   
                                                                               
Excused:  Hudson                                                               
                                                                               
Absent:  Barnes, James, Masek, Ogan                                            
                                                                               
Kott changed from "Nay" to "Yea".                                              
Vezey changed from "Nay" to "Yea".                                             
                                                                               
And so, HB472 passed the House.                                                

1998-04-08                     House Journal                      Page 2927
HB 472                                                                       
Representative Rokeberg gave notice of reconsideration of his vote on          
HB 472 and withdrew it.                                                        
                                                                               
HB 472 was referred to the Chief Clerk for engrossment.                        
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 59                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 59                                                 
Relating to an amendment to the Constitution of the United States             
prohibiting desecration of the Flag of the United States.                      
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  6DP                                                     2536         
	ZERO FISCAL NOTE (H.STA)                                         2536         
                                                                               
Representative Porter moved and asked unanimous consent that                   
HJR59 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
                                                                               
HJR59 was read the third time.                                                 
                                                                               
                                                                               
Representative Barnes placed a call of the House.                              
                                                                               
The Speaker stated the call was satisfied.                                     
                                                                               
                                                                               
The question being:  "Shall HJR59 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HJR 59                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                              

1998-04-08                     House Journal                      Page 2928
HJR 59                                                                       
Yeas:  Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson,                 
Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule,               
Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses,                  
Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,             
Therriault, Vezey, Williams                                                    
                                                                               
Nays:  Berkowitz, Croft, Davies, Elton, Kubina                                 
                                                                               
Excused:  Hudson                                                               
                                                                               
And so, HJR59 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 citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - Margaret Russell, 1998 Business Leader of the Year                  
By Representatives Brice, Phillips, Berkowitz, Bunde, Croft, Davies,           
Davis, Elton, Green, Grussendorf, Hodgins, Ivan, James, Joule, Kelly,          
Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan,                 
Porter, Rokeberg, Ryan, Therriault, Vezey, Williams                            
                                                                               
                                                                               
Honoring - Ann Symons, President-Elect, American Library                       
Association                                                                    
By Senator Duncan; Representatives Elton, Hudson, Phillips,                    
Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Green, Grussendorf,             
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder,             
Nicholia, Porter, Rokeberg, Ryan, Vezey, Williams                              
                                                                               
                                                                               
Honoring - Amanda Heyano                                                       
By Senator Hoffman; Representatives Berkowitz, Brice, Croft, Davies,           
Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina,          
Nicholia, Porter, Rokeberg, Ryan, Williams                                     
                                                                               
                                                                               

1998-04-08                     House Journal                      Page 2929
                             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 Grussendorf - from 9:30 a.m., plane time, April 10 to           
6:00 p.m., plane time, April 14, 1998                                          
                                                                               
Representative Kookesh - from 10:05 a.m., plane time, April 9 to               
9:10a.m., plane time, April 14, 1998                                           
                                                                               
Representative Masek - from 1:41 p.m., plane time, April 9 to                  
9:36a.m., plane time, April 14, 1998                                           
                                                                               
HJR 64                                                                       
Representative Croft moved and asked unanimous consent that the                
following resolution be withdrawn from the State Affairs Committee:            
                                                                               
HOUSE JOINT RESOLUTION NO. 64                                                 
Relating to an amendment to the Constitution of the United States             
establishing term limits for members of the United States                      
Congress; and, alternatively, calling for a constitutional convention          
under Article V of the Constitution of the United States.                      
                                                                               
Objections were heard.                                                         
                                                                               
Representative Berkowitz placed a call of the House.                           
                                                                               
Representative Croft moved and asked unanimous consent to withdraw             
the motion.  There being no objection, it was so ordered.                      
                                                                               
                                                                               
HJR 59                                                                       
Representatives Kelly, Mulder, Ogan, Hodgins, Green, Phillips and              
Porter added their names as cosponsors to:                                     
                                                                               
HOUSE JOINT RESOLUTION NO. 59                                                 
Relating to an amendment to the Constitution of the United States             
prohibiting desecration of the Flag of the United States.                      
                                                                               

1998-04-08                     House Journal                      Page 2930
                                 ENGROSSMENT                                 
                                                                               
HJR 59                                                                       
HJR 59 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 472                                                                       
HB 472 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:                     
                                                                               
Judiciary Committee                                                            
1:00 p.m., 4/8 meeting CHANGED TO:                      1:15 p.m., 4/8         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 9, 1998.  There being no                 
objection, the House adjourned at 12:32 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk