Legislature(1997 - 1998)
1998-04-09 House Journal
Full Journal pdf1998-04-09 House Journal Page 2933 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 9, 1998 Eighty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:20 a.m. Roll call showed 34 members present. Representatives Hudson, Ivan, Kookesh, Nicholia and Porter had been previously excused from a call of the House today. Representative Brice was absent and his presence was noted later. The invocation was offered by the Chaplain, Major Neil Timpson of the Salvation Army. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "A few words from Paul's epistle to the Phillipians, Phillipians4:8 says: Finally brothers, whatever is true, whatever is noble, whatever is right, whatever is pure, whatever is lovely, whatever is admirable; if anything is excellent or praiseworthy, think on these things. Lord, Help us to only have thoughts that are true, noble, right, pure, lovely, admirable, excellent and praiseworthy all day long. And bless us as we celebrate this holy week in the manner in which we each worship Holy Week or Passover. Amen." 1998-04-09 House Journal Page 2934 The Pledge of Allegiance was led by Representative Green. CERTIFICATION OF THE JOURNAL Representative Foster, Acting Majority Leader, moved and asked unanimous consent that the journal for the 87th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 29 A message dated April 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 29(RLS) Supporting an increase in federal funding for prostate cancer research. Legislative Resolve No. 57 SCR 19 A message dated April 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 19(FIN) Relating to the use of prototype designs in public school construction projects. Legislative Resolve No. 55 SJR 33 A message dated April 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1998-04-09 House Journal Page 2935 SJR 33 CS FOR SENATE JOINT RESOLUTION NO. 33(RES) Supporting reduction of fishing capacity in the Bering Sea fishing fleet and Americanization of the fishing fleet through passage of S. 1221, the "American Fisheries Act," by the United States Congress. Legislative Resolve No. 56 SB 63 A message dated April 8, 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 SENATE BILL NO. 63(FIN) "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors." Chapter No. 9, SLA 1998 Effective Date: July 7, 1998 SB 214 A message dated April 8, 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: CS FOR SENATE BILL NO. 214(STA) "An Act relating to the possession of a concealed deadly weapon by peace officers and by chief administrative officers of municipal police departments; relating to the definition of police officer; and providing for an effective date." Chapter No. 10, SLA 1998 Effective Date: April 14, 1998 1998-04-09 House Journal Page 2936 MESSAGES FROM THE SENATE A message dated April 8, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 223 CS FOR SENATE BILL NO. 223(FIN) am by the Senate Finance Committee, entitled: "An Act relating to the age requirement for purposes of senior housing programs and requiring the Alaska Housing Finance Corporation to establish the age requirement, which may not be less than 55 years of age, for occupants of certain senior housing; relating to the senior housing revolving fund; repealing the senior housing bond account; relating to bonds to fund senior housing loans; repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 244 SENATE BILL NO. 244 by Senators Ward and Taylor, entitled: "An Act relating to polygraph or other lie-detecting testing for certain correctional officers." was read the first time and referred to the State Affairs and Judiciary Committees. REPORTS OF STANDING COMMITTEES HCR 34 The Labor & Commerce Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 34 Establishing a Joint Committee on Electric Utility Restructuring. 1998-04-09 House Journal Page 2937 HCR 34 and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 34(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Cowdery, Rokeberg No recommendation (2): Sanders, Ryan Amend (1): Brice The following fiscal note applies to CSHCR 34(L&C): Zero fiscal note, Legislative Affairs Agency, 4/9/98 HCR 34 was referred to the Rules Committee for placement on the calendar. HJR 60 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 60 Proposing amendments to the Constitution of the State of Alaska relating to the community dividend fund, the permanent fund, and the budget reserve fund. The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (2): Porter, Bunde Amend (2): Rokeberg, Green The following fiscal note applies: Fiscal note, Office of the Governor, 4/9/98 1998-04-09 House Journal Page 2938 HJR 60 HJR 60 was referred to the Finance Committee. HB 284 The Resources Committee has considered: HOUSE BILL NO. 284 "An Act relating to infestations and diseases of timber." and recommends it be replaced with: CS FOR HOUSE BILL NO. 284(RES) (same title) The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (2): Ogan, Barnes No recommendation (5): Nicholia, Joule, Masek, Williams, Green The following fiscal note applies to CSHB 284(RES): Fiscal note, Dept. of Natural Resources, 4/9/98 HB 284 was referred to the Rules Committee for placement on the calendar. HB 330 The State Affairs Committee has considered: HOUSE BILL NO. 330 "An Act repealing the termination date of the state training and employment program; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Elton, Berkowitz, Ryan, Hodgins 1998-04-09 House Journal Page 2939 HB 330 The following fiscal notes apply: Zero fiscal notes (2), Dept. of Community & Regional Affairs, 1/16/98 Zero fiscal note, Office of the Governor, 1/16/98 Zero fiscal note, Dept. of Labor, 1/16/98 HB 330 was referred to the Labor & Commerce Committee. HB 369 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 369 "An Act relating to Medicaid coverage for certain eligible children and pregnant women; relating to primary care case management and managed care services as optional services and to premiums and cost-sharing contributions under the Medicaid program; establishing the Healthy Families Alaska program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 369(HES) "An Act relating to Medicaid coverage for certain eligible children; relating to premiums and cost-sharing contributions under the Medicaid program; and providing for an effective date." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (2): Bunde, Porter Amend (2): Kemplen, Brice The following fiscal notes apply to CSHB 369(HES): Fiscal notes (4), Dept. of Health & Social Services, 4/9/98 HB 369 was referred to the Finance Committee. 1998-04-09 House Journal Page 2940 **The presence of Representative Brice was noted. HB 474 The Judiciary Committee has considered: HOUSE BILL NO. 474 "An Act relating to correctional officers." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Bunde, Green, Porter No recommendation (1): Rokeberg The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 4/9/98 HB 474 was referred to the Rules Committee for placement on the calendar. SB 235 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 235(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Brice, Rokeberg No recommendation (3): Cowdery, Sanders, Ryan The following fiscal note applies: Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/11/98 1998-04-09 House Journal Page 2941 SB 235 CSSB 235(FIN) was referred to the Finance Committee. SB 268 The Labor & Commerce Committee has considered: SENATE BILL NO. 268 "An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Sanders, Brice, Rokeberg No recommendation (2): Cowdery, Ryan The following fiscal note applies: Senate zero fiscal note, Dept. of Labor, 2/25/98 SB 268 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 - Penalty Box Polar Bears Hockey Team By Representative Berkowitz Honoring - Rosey Fletcher By Representative Bunde; Senator Parnell Honoring - Rose Tanaka, Public Health Lab Supervisor By Representative Bunde Honoring - Dennis Arashiro By Representative Ryan 1998-04-09 House Journal Page 2942 Honoring - John Paul Frederickson By Representative Ryan Honoring - Sergeant Ross J. Plummer By Representative Ryan Commemorating - The 50th Anniversary of the Creation of the State of Israel By Senator Ward Honoring - Kelly Haney, Anchorage School Board Member By Senator Kelly Honoring - Jerome Komisar By Senator Kelly In Memoriam - Senator John Butrovich By Representatives Vezey, James, Therriault, Davies, Kelly, Brice; Senators Sharp, Miller, Wilken In Memoriam - Mollie Owens By Representative Ivan In Memoriam - Robert and Marylu Dent By Senator Taylor INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 67 HOUSE JOINT RESOLUTION NO. 67 by the House Transportation Committee: Relating to renewal of the bilateral aviation agreement concerning the mandatory Anchorage stopover for Russian carriers on transpacific routes between the Russian Far East and the United States. was read the first time and referred to the Transportation Committee. 1998-04-09 House Journal Page 2943 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 484 HOUSE BILL NO. 484 by the House Labor & Commerce Committee by request, entitled: "An Act exempting services of certain sports officials at amateur sporting events from coverage under the Alaska Employment Security Act; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 57 The following was read the second time: HOUSE JOINT RESOLUTION NO. 57 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. with the: Journal Page JUD RPT 4DP 2NR 2419 ZERO FISCAL NOTE (H.JUD) 2419 Representative Foster moved and asked unanimous consent that HJR57 be considered engrossed, advanced to third reading and placed on final passage. Representative Vezey objected. 1998-04-09 House Journal Page 2944 HJR 57 Amendment No. 1 was offered by Representative Vezey: Page 1, line 16: Delete "an" Insert "any" Representative Vezey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. There being no further objection, HJR57 am was advanced to third reading. HJR57 am was read the third time. The question being: "Shall HJR57 am pass the House?" The roll was taken with the following result: HJR 57 am Third Reading Final Passage YEAS: 32 NAYS: 2 EXCUSED: 5 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, James, Joule, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Davies, Grussendorf Excused: Hudson, Ivan, Kookesh, Nicholia, Porter Absent: Kubina And so, HJR57 am passed the House and was referred to the Chief Clerk for engrossment. 1998-04-09 House Journal Page 2945 LEGISLATIVE CITATIONS Representative Foster 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 - Sergeant Philip R. Allen, Noncommissioned Officer of the Year, Fort Wainwright By Representatives Vezey, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - 1998 Newhalen Malamute Boys' Basketball Team By Representatives Moses, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - 1998 Newhalen Malamute Girls' Basketball Team By Representatives Moses, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Austin E. Lathrop High School and Alaska Association of Student Governments By Senator Wilken; Representatives Brice, Phillips, Berkowitz, Bunde, Croft, Davis, Elton, Green, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Richard Duane Krause By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-04-09 House Journal Page 2946 In Memoriam - Jewell D. Barrett By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - Elder Lebert By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams UNFINISHED BUSINESS Representative Foster 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 Croft - from 1:41 p.m., plane time, April 9 to 9:38a.m., plane time, April 14, 1998 Representative Davies - from 6:45 p.m., plane time, April 9 to 1:57p.m., plane time, April 14, 1998 Representative Moses - from 6:30 a.m., plane time, April 10 to 9:30p.m., plane time, April 14, 1998 (amended from page 2873) Representative Foster - withdrawal of previous excused absence from 2:59p.m., plane time, April 8 to 10:02 a.m., plane time, April 14, 1998 (page 2438) HB 284 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 284 "An Act relating to infestations and diseases of timber." 1998-04-09 House Journal Page 2947 HB 284 HB 284 was removed from the Rules Committee and referred to the Finance Committee. RECONSIDERATION HB 261 Representative Vezey brought up reconsideration of the vote on CSHB 261(FIN) am (page 2925). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 261(FIN) am "An Act relating to fines and to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund." Representative Vezey withdrew his request to take up reconsideration at this time. Representative Vezey moved and asked unanimous consent that reconsideration of CSHB 261(FIN) am be held to April 14, 1998. There being no objection, it was so ordered. UNFINISHED BUSINESS SB 36 The Health, Education & Social Services Committee has submitted the forthcoming fiscal note to accompany their report (page 2854): Fiscal note, Dept. of Revenue, 4/9/98 for: HOUSE CS FOR CS FOR SENATE BILL NO. 36(HES) "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." CSSB 36(FIN) am is in the Finance Committee. 1998-04-09 House Journal Page 2948 HJR 57 Representatives Kohring and James added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 57 am Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. HJR 59 Representative James added her name as cosponsor 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. HB 203 Representative Croft removed his name as cosponsor to: HOUSE BILL NO. 203 "An Act relating to actions for unlawful trade practices." ENGROSSMENT HJR 57 HJR 57 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 2:00 p.m., April 14, 1998. There being no objection, the House adjourned at 11:28 a.m. Suzi Lowell Chief Clerk