Legislature(1997 - 1998)
1998-04-14 House Journal
Full Journal pdf1998-04-14 House Journal Page 2959 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 14, 1998 Ninety-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 2:11 p.m. Roll call showed 32 members present. Representatives Grussendorf and Moses had been previously excused from a call of the House today. Representatives Davies and Hanley were excused through 1:57p.m., plane time, today (pages 2946 and 2913) and their presence was noted later. Representatives Masek and Therriault were absent and their presence was noted later. Representatives Foster and Kubina were absent. The invocation was offered by the Chaplain, Reverend Kim Poole of the Douglas Community United Methodist Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Creator of all life, This afternoon we pause in the presence of Your Spirit to still our minds, to ease the stress of the day, and to center our thoughts and actions on those things that are most important for all persons: life with adequate food, clothing, shelter and health care; safety for those who are too young, too old or too feeble to protect themselves; and liberty, freedom and justice in a world that seems to defy those words. Make our words kind and gentle, our thoughts noble and broad, and our actions in line with the great truths of the world around us. We ask these things in the spirit of unity of heart and soul. Amen." 1998-04-14 House Journal Page 2960 The Pledge of Allegiance was led by Representative Green. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 88th, 89th, 90th, 91st and 92nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated April 8, 1998, was read stating that, in accordance with AS 39.05.080(1) and Article III, Section 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: The following appointments were referred to the Labor & Commerce Committee: State Board of Registration for Architects, Engineers, and Land Surveyors Kathy L. Gardner, P.E. - Anchorage Appointed: 04/03/98 Expires: 07/01/99 Board of Barbers and Hairdressers Inge Bolivar - Anchorage Appointed: 04/06/98 Expires: 07/01/01 Board of Dental Examiners James B. Blasingame - Anchorage Appointed: 04/03/98 Expires: 02/01/01 Board of Marital and Family Therapy Wilfred M. Miles, Ph.D. - Wasilla Appointed: 04/03/98 Expires: 12/14/01 Resumes for the appointments are on file in the Chief Clerk's office. 1998-04-14 House Journal Page 2961 HB 296 A message dated April 9, 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 BILL NO. 296 "An Act extending the termination date of the Alaska Minerals Commission." Chapter No. 12, SLA 1998 Effective Date: July 8, 1998 SB 251 A message dated April 9, 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: SENATE BILL NO. 251 "An Act naming Herman Leirer Road near Seward." Chapter No. 11, SLA 1998 Effective Date: July 8, 1998 COMMUNICATIONS The following report was received: Dept. of Administration Office of the Commissioner Report on the Monetary Terms of the Collective Bargaining Agreement Between the University of Alaska and APEA/AFT (UACEA) (as required by AS 23.40.215) The Speaker referred the report to the Finance Committee. 1998-04-14 House Journal Page 2962 REPORTS OF STANDING COMMITTEES HB 272 The Finance Committee has considered: HOUSE BILL NO. 272 "An Act to permit a court to order a defendant who receives a sentence of imprisonment for a misdemeanor to serve the sentence by electronic monitoring; and relating to the crime of unlawful evasion." and recommends it be replaced with: CS FOR HOUSE BILL NO. 272(FIN) "An Act relating to allowing the commissioner of corrections to allow a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring; and relating to the crime of escape." The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (8): Therriault, Hanley, Martin, Kohring, Davies, Moses, Foster, Kelly The following fiscal notes apply to CSHB 272(FIN): Fiscal note, House Finance Committee/Dept. of Corrections, 4/14/98 Zero fiscal note, Dept. of Administration, 3/4/98 HB 272 was referred to the Rules Committee for placement on the calendar. HB 349 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 349 "An Act prohibiting the use of the title 'social worker' without a license; relating to social workers, licensure of social workers, and the Board of Clinical Social Work Examiners; and providing for an effective date." 1998-04-14 House Journal Page 2963 HB 349 and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 349(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (2): Moses, Foster No recommendation (5): Therriault, Hanley, Mulder, Martin, Grussendorf Amend (1): Kohring The following fiscal note applies to CSSSHB 349(FIN): Fiscal note, Dept. of Commerce & Economic Development, 4/14/98 SSHB 349 was referred to the Rules Committee for placement on the calendar. SB 180 The Resources Committee has considered: CS FOR SENATE BILL NO. 180(FIN) "An Act relating to state rights-of-way." The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (3): Masek, Barnes, Ogan No recommendation (2): Green, Williams Amend (1): Dyson 1998-04-14 House Journal Page 2964 SB 180 The following fiscal notes apply: Senate fiscal note, Dept. of Natural Resources, 3/18/98 Senate zero fiscal note, Dept. of Transportation & Public Facilities, 2/24/98 CSSB 180(FIN) was referred to the Finance Committee. SB 250 The Resources Committee has considered: CS FOR SENATE BILL NO. 250(FIN) am "An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game." and recommends the following amendment: Page 2, line 17, following "techniques" Insert "; in this paragraph, "sustained yield" means the achievement and maintenance of a high level of human harvest of an identified big game prey population on an annual or periodic basis" Page 2, line 25: Delete ";" Insert "." Page 2, lines 26 - 28: Delete all material. The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (3): Masek, Barnes, Ogan No recommendation (3): Green, Williams, Dyson 1998-04-14 House Journal Page 2965 SB 250 The following fiscal note applies: Senate zero fiscal note, Dept. of Fish & Game, 3/13/98 CSSB 250(FIN) am was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES The House Special Committee on Fisheries has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: John R. White Russell S. Nelson as members of the Board of Fisheries. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. The reports were signed by Representative Austerman, Chair; and, Representatives Hodgins and Ivan. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mat-Su Valley Shooting Stars Soccer Team By Senators Green, Halford Honoring - Magic Soccer Team By Senators Green, Halford In Memoriam - Jennie J. Seybert By Representative Moses 1998-04-14 House Journal Page 2966 In Memoriam - Mary Ellen Hodges By Senator Hoffman **The presence of Representative Therriault was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 442 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 442 by Representative Dyson, entitled: "An Act relating to correctional facilities." was read the first time and referred to the Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 356 The following was read the second time: HOUSE BILL NO. 356 "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." with the: Journal Page MLV RPT CS(MLV) 5DP 1NR 2679 FISCAL NOTE (S.FIN/LAA) 2679 FIN RPT CS(FIN) 7DP 2830 FISCAL NOTE (H.FIN/LAA) 2830 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1998-04-14 House Journal Page 2967 HB 356 CS FOR HOUSE BILL NO. 356(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 2, lines 18, 23 and 28: Delete "jointly by the president of the senate of the Twentieth Alaska State Legislature and the speaker of the house of representatives of the Twentieth Alaska State Legislature" Insert "by the governor" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. **The presence of Representatives Davies, Hanley and Masek was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 356(FIN) Second Reading Amendment No. 1 YEAS: 10 NAYS: 26 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Joule, Kemplen, Kookesh, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Grussendorf, Moses 1998-04-14 House Journal Page 2968 HB 356 Absent: Foster, Kubina And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Green and Mulder: Page 3, line 28: Delete "before" Insert "on or before the first day of November of the year prior to" Representative Green moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Elton: Page 3, following line 3: Insert a new subsection to read: "(d) For purposes of this section, the minority is comprised of two or more members of a political party that has fewer seats than the majority." Reletter the following subsections accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 356(FIN) am Second Reading Amendment No. 3 YEAS: 16 NAYS: 20 EXCUSED: 2 ABSENT: 2 1998-04-14 House Journal Page 2969 HB 356 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Ivan, Joule, Kemplen, Kookesh, Nicholia, Ogan, Phillips, Porter, Williams Nays: Austerman, Barnes, Cowdery, Davis, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Grussendorf, Moses Absent: Foster, Kubina Davis changed from "Yea" to "Nay". And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 3, line 24, following "necessary." Insert "Whenever possible, meetings shall be teleconferenced to reduce travel cost." Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Barnes objected and withdrew the objection. There being no further objection, Amendment No. 4 was adopted. Representative Porter moved and asked unanimous consent that CSHB 356(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 356(FIN) am was read the third time. The question being: "Shall CSHB 356(FIN) am pass the House?" The roll was taken with the following result: CSHB 356(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 1998-04-14 House Journal Page 2970 HB 356 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Grussendorf, Moses Absent: Foster, Kubina And so, CSHB 356(FIN) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 356(FIN) am was referred to the Chief Clerk for engrossment. HB 407 The following was read the second time: HOUSE BILL NO. 407 "An Act relating to repayment of teacher scholarship loans." with the: Journal Page HES RPT 5DP 2675 ZERO FISCAL NOTE (DOE) 2676 Representative Porter moved and asked unanimous consent that HB407 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 407 was read the third time. The question being: "Shall HB 407 pass the House?" The roll was taken with the following result: 1998-04-14 House Journal Page 2971 HB 407 HB 407 Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kohring, Vezey Excused: Grussendorf, Moses Absent: Bunde, Foster, Kubina And so, HB 407 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 - Penalty Box Polar Bears Hockey Team By Representatives Berkowitz, Brice, Croft, Davies, Dyson, Elton, Green, Grussendorf, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Rosey Fletcher By Representatives Bunde, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, James, Kelly, Kemplen, Kott, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Parnell 1998-04-14 House Journal Page 2972 Honoring - Rose Tanaka, Public Health Lab Supervisor By Representatives Bunde, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hanley, James, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Dennis Arashiro By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, James, Kelly, Kemplen, Kott, Masek, Mulder, Ogan, Rokeberg, Sanders, Vezey, Williams Honoring - John Paul Frederickson By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, James, Kelly, Kemplen, Kott, Masek, Mulder, Ogan, Rokeberg, Sanders, Vezey, Williams Honoring - Sergeant Ross J. Plummer By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Masek, Mulder, Ogan, Rokeberg, Sanders, Vezey, Williams Commemorating - The 50th Anniversary of the Creation of the State of Israel By Senator Ward; Representatives Berkowitz, Brice, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Kelly Haney, Anchorage School Board Member By Senator Kelly; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, Hanley, James, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Ogan, Rokeberg, Ryan, Sanders, Williams Honoring - Jerome Komisar By Senator Kelly; Representatives Austerman, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hanley, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-04-14 House Journal Page 2973 In Memoriam - Senator John Butrovich By Representatives Vezey, James, Therriault, Davies, Kelly, Brice, Phillips, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Williams; Senators Sharp, Miller, Wilken In Memoriam - Mollie Owens By Representatives Ivan, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Mulder, Ogan, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Robert and Marylu Dent By Senator Taylor; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Kelly, Kott, Kubina, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Vezey, Williams RECONSIDERATION HB 261 Representative Vezey brought up reconsideration of the vote on CSHB 261(FIN) am which had been held until today (page 2947). 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." The question to be reconsidered: "Shall CSHB 261(FIN) am pass the House?" The roll was taken with the following result: CSHB 261(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 14 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Green, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Martin, Nicholia, Phillips, Porter, Williams 1998-04-14 House Journal Page 2974 HB 261 Nays: Barnes, Dyson, Hanley, Hodgins, Kelly, Kohring, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Grussendorf, Moses Absent: Foster, Kubina And so, CSHB 261(FIN) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 356 Representatives Kott and Hudson added their names as cosponsors to: CS FOR HOUSE BILL NO. 356(FIN) am "An Act establishing the Joint Committee on Military Bases in Alaska; and providing for an effective date." SB 209 Representative Kohring added his name as cross sponsor to: SENATE BILL NO. 209 "An Act relating to the Task Force on Privatization; and providing for an effective date." ENGROSSMENT HB 261 CSHB 261(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 356 CSHB 356(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 407 HB 407 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-04-14 House Journal Page 2975 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 15, 1998. There being no objection, the House adjourned at 3:04 p.m. Suzi Lowell Chief Clerk