Legislature(1997 - 1998)
1998-04-08 House Journal
Full Journal pdf1998-04-08 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