Legislature(1997 - 1998)

1998-04-16 House Journal

Full Journal pdf

1998-04-16                     House Journal                      Page 3009
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                      Thursday            April 16, 1998         
                                                                               
                               Ninety-fifth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:16 a.m.                                                         
                                                                               
Roll call showed 31 members present.  Representatives Barnes,                  
Berkowitz, Hanley, Kohring, Kott, Mulder, Ogan, Rokeberg and                   
Therriault were absent and their presence was noted later.                     
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Kim Poole of              
the Douglas Community United Methodist Church.  Representative                 
Bunde moved and asked unanimous consent that the invocation be                 
spread on the journal.  There being no objection, it appears below:            
                                                                               
"Sustainer of our spirits and Counselor on our way,                           
                                                                               
We are grateful for the gifts of life and love, for work to do                
each day, for friends and co-workers, for family and home.                     
As we pause to remember those blessings, keep before us the                    
image of those who do not share the bounty we hold, and stir                   
in us the compassion to work together until all the citizens of                
this state, this country and the nations of the world will have                
resources adequate for sustaining life:  food on the table,                    
shelter from the cold and heat, clothes for warmth and                         
comfort, and health care and safety for the preservation of life.              
Let us work not only for quantity, but quality of life, and open               
our eyes and hearts to those in need, for they are the ones we                 
serve, each of us in our own ways.  We ask this in the name                    
of the Spirit of Life and Love.  Amen."                                        
                                                                               
The Pledge of Allegiance was led by Representative Croft.                      

1998-04-16                     House Journal                      Page 3010
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 94th legislative day and House Journal Supplement              
No.12 be approved as certified by the Chief Clerk.  There being no             
objection, it was so ordered.                                                  
                                                                               
                                COMMUNICATIONS                               
HB 146                                                                       
Pursuant to:                                                                   
                                                                               
CS FOR HOUSE BILL NO. 146(FIN)                                                
"An Act relating to competency testing requirements for secondary             
students; and providing for an effective date."                                
	(Chapter 58, SLA 1997)                                                        
                                                                               
The following report was received:                                             
                                                                               
	Dept. of Education, Office of the Commissioner                                
	The Competency Test:  A Report to the Alaska                                  
	State Legislature - April 15, 1998                                            
                                                                              
SCR 19                                                                       
Pursuant to:                                                                   
                                                                               
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)                                                  
                                                                               
The following report was received:                                             
                                                                               
	Dept. of Education, Office of the Commissioner                                
	Use of Prototype Designs in Public School                                     
	Construction Projects - April 1, 1998                                         
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 1                                                                        
The Judiciary Committee has considered:                                        

1998-04-16                     House Journal                      Page 3011
HJR 1                                                                        
HOUSE JOINT RESOLUTION NO. 1                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to the duration of a regular session.                                 
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (4):  Rokeberg, Croft, Porter, Green                                   
                                                                               
Do not pass (1):  Bunde                                                        
                                                                               
No recommendation (1):  Berkowitz                                              
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Office of the Governor, 3/4/98                                    
Fiscal note, Legislative Affairs Agency, 3/4/98                                
                                                                               
HJR 1 was referred to the Finance Committee.                                   
                                                                               
HJR 67                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE JOINT RESOLUTION NO. 67                                                 
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.                                                                        
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (6):  Kookesh, Elton, Hudson, Cowdery, Sanders, Williams               
                                                                               
No recommendation (1):  Masek                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Transportation Committee, 4/16/98                      
                                                                               

1998-04-16                     House Journal                      Page 3012
HJR 67                                                                       
HJR 67 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
SB 153                                                                       
The Transportation Committee has considered:                                   
                                                                               
SENATE BILL NO. 153                                                           
"An Act relating to issuance of special license plates to                     
commemorate the arts."                                                         
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Hudson, Williams                                                 
                                                                               
No recommendation (5):  Masek, Cowdery, Sanders, Kookesh, Elton                
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Administration, 4/16/98                                  
                                                                               
SB 153 was referred to the Finance Committee.                                  
                                                                               
                                                                               
SB 180                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 180(FIN)                                               
"An Act relating to state rights-of-way."                                     
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (7):  Therriault, Kelly, Martin, Mulder, Kohring, Davis, Foster        
                                                                               
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                                                                        

1998-04-16                     House Journal                      Page 3013
SB 180                                                                       
CSSB 180(FIN) was referred to the Rules Committee for placement on             
the calendar.                                                                  
                                                                               
SB 304                                                                       
The Transportation Committee has considered:                                   
                                                                               
CS FOR SENATE BILL NO. 304(RLS)                                               
"An Act relating to the bail or fine for an offense committed in a            
highway work zone; and providing for an effective date."                       
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (7):  Hudson, Elton, Kookesh, Sanders, Cowdery, Masek,                 
Williams                                                                       
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Transportation & Public Facilities,          
3/20/98                                                                        
                                                                               
CSSB 304(RLS) was referred to the Judiciary Committee.                         
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Commending - Breast Cancer Detection Center of Alaska                          
By Representative Ryan                                                         
                                                                               
Honoring - Ester Cox                                                           
By Representative Ryan                                                         
                                                                               
Honoring - Service Cross-Country Ski Team                                      
By Representative Green                                                        
                                                                               
Honoring - Tanya Gaston                                                        
By Representative Masek; Senator Green                                         

1998-04-16                     House Journal                      Page 3014
Honoring - Charles "Chuck" Hunt                                                
By Representative Ivan                                                         
                                                                               
Honoring - Myrtle Johnson, A Woman of Legendary Dedication and                 
Commitment                                                                     
By Representative Foster; Senator Adams                                        
                                                                               
Honoring - Polaris Blue Soccer Team                                            
By Senators Green, Halford; Representative Ogan                                
                                                                               
                                                                               
Honoring - The Fraternal Order of Eagles, Skagway Aerie No. 25,                
100Year Anniversary                                                            
By Senator Mackie                                                              
                                                                               
                                                                               
In Memoriam - Hannah Paniptchuk Katongan                                       
By Representatives Foster, Joule; Senator Adams                                
                                                                               
In Memoriam - Charlie A. Edwardsen, Sr.                                        
By Representative Joule; Senator Adams                                         
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 486                                                                       
HOUSE BILL NO. 486 by the House Labor & Commerce Committee                     
by request, entitled:                                                          
                                                                               
"An Act relating to the Alaska Securities Act; and providing for              
an effective date."                                                            
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
**The presence of Representatives Berkowitz, Kohring and Ogan was              
noted.                                                                         

1998-04-16                     House Journal                      Page 3015
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 411                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 411                                                            
"An Act relating to issuance of a winery license in a local option            
area."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  4DP 1NR                                                 2646         
	ZERO FISCAL NOTE (REV)                                           2646         
	FIN RPT  CS(FIN) 4DP 6NR                                         2677         
	ZERO FISCAL NOTE (REV) 3/18/98                                   2677         
                                                                               
                                                                               
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. 411(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
411(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 411(FIN) was read the third time.                                         
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
he be allowed to abstain from voting due to a conflict of interest.            
Objection was heard, and Representative Berkowitz was required to              
vote.                                                                          

1998-04-16                     House Journal                      Page 3016
HB 411                                                                       
The question being:  "Shall CSHB 411(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 411(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins,              
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott,            
Kubina, Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Ryan,          
Sanders, Vezey, Williams                                                       
                                                                               
Absent:  Hanley, Mulder, Rokeberg, Therriault                                  
                                                                               
And so, CSHB 411(FIN) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
**The presence of Representatives Mulder and Therriault was noted.             
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 211                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 211                                                           
"An Act renaming the Gravina Veterans' Memorial Bridge as the                 
Ralph M. Bartholomew Veterans' Memorial Bridge."                               
	                                                                              
with the:                                                 Journal Page         
                                                                               
	MLV RPT  5DP                                                     2598         
	SENATE ZERO FISCAL NOTE (DOT) 1/30/98                            2598         
	TRA RPT  6DP                                                     2661         
	SENATE ZERO FISCAL NOTE (DOT) 1/30/98                            2662         
                                                                               
                                                                               
**The presence of Representative Rokeberg was noted.                           

1998-04-16                     House Journal                      Page 3017
SB 211                                                                       
Representative Porter moved and asked unanimous consent that                   
SB211 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
SB 211 was read the third time.                                                
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
The question being:  "Shall SB 211 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
SB 211                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley,               
Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring,                  
Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia,                 
Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Williams                    
                                                                               
Nays:  Rokeberg, Vezey                                                         
                                                                               
Cowdery changed from "Nay" to "Yea".                                           
                                                                               
Representative Rokeberg gave notice of reconsideration of his vote on          
SB 211.                                                                        
                                                                               
                                                                               
SB 261                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 261(FIN)                                               
"An Act relating to the Special Olympics World Winter Games to                
be held in Anchorage in the year 2001; establishing a reserve fund             
for the games; providing certain duties and authority for the                  
Alaska Industrial Development and Export Authority regarding                   
financing for those games; and providing for an effective date."               

1998-04-16                     House Journal                      Page 3018
SB 261                                                                       
with the:                                                 Journal Page         
                                                                               
	FIN RPT HCS(FIN) 4DP 4NR 1AM                                     2706         
	SENATE ZERO FISCAL NOTE (DCED) 2/6/98                            2707         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 261(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
CSSB 261(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
HCS CSSB 261(FIN) was read the third time.                                     
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Mulder                                                         
	Representative Berkowitz                                                      
Representative Joule                                                          
	Representative Phillips                                                       
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
The question being:  "Shall HCS CSSB 261(FIN) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 261(FIN)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                              

1998-04-16                     House Journal                      Page 3019
SB 261                                                                       
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley,               
Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina,             
Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg,            
Ryan, Therriault, Williams                                                     
                                                                               
Nays:  Hodgins, Kohring, Ogan, Sanders, Vezey                                  
                                                                               
And so, HCS CSSB 261(FIN) 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.           
                                                                               
Representative Ogan gave notice of reconsideration of his vote on HCS          
CSSB 261(FIN).                                                                 
                                                                               
                                                                               
SB 307                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 307 am                                                        
"An Act relating to conditions for filling vacancies in the office of         
United States senator; and providing for an effective date."                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT HCS(STA) 4DP 1NR                                         2707         
	ZERO FISCAL NOTE (GOV)                                           2708         
	SENATE ZERO FISCAL NOTE (GOV) 3/3/98                             2708         
	RLS RPT HCS(RLS) 4DP 1NR                                         2982         
	ZERO FISCAL NOTE (GOV) 3/23/98                                   2982         
	SENATE ZERO FISCAL NOTE (GOV) 3/3/98                             2982         
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
HOUSE CS FOR SENATE BILL NO. 307(RLS)                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   

1998-04-16                     House Journal                      Page 3020
SB 307                                                                       
Amendment No. 1 was offered  by Representative Berkowitz:                       
                                                                               
Page 1, line 4, through page 4, line 1:                                        
	Delete all material and insert:                                               
   "* Section 1.  AS 15.40.010 is amended to read:                           
	Sec. 15.40.010.  Condition ¦CONDITIONSá and time of                       
calling special election ¦FILLING VACANCY BY                                 
APPOINTMENTá.  When a vacancy occurs in the office of                         
United States senator, the governor ¦, WITHIN 30 DAYS,á shall,               
by proclamation and subject to AS 15.40.050, call a special                    
election to be held on a date not less than 60 nor more than 90                
days after the date the vacancy occurs ¦APPOINT A                            
QUALIFIED PERSON TO FILL THE VACANCYá.  However, if                            
the ¦REMAINDER OF THE TERM OF THE PREDECESSOR IN                               
OFFICE WILL EXPIRE OR IF THEá vacancy occurs on a date                       
that is less than 180 but more than 60 days before the date of                 
the primary election for the office ¦WILL BE FILLED BY A                     
SPECIAL ELECTION BEFORE THE SENATE WILL NEXT                                   
MEET, CONVENE, OR RECONVENEá, the governor may not                             
call a special election ¦FILL THE VACANCYá.                                
   * Sec. 2.  AS 15.40.050 is amended to read:                               
	Sec. 15.40.050.  Date of special election.  The special                    
election to fill the vacancy shall be held on the date of the first            
[GENERALá election, whether primary or general, ¦WHICH IS                  
HELD MORE THAN THREE FULL CALENDAR MONTHSá                                     
after the vacancy occurs if the vacancy occurs on a date that is             
less than 180 but more than 60 days before                                     
		(1)  a primary election, other than the primary election                    
for the office; or                                                             
		(2)  a general election.                                                  
   * Sec. 3.  AS 15.40.060 is amended to read:                               
	Sec. 15.40.060.  Proclamation of special election.  The                    
governor shall issue the proclamation calling the special election             
at least 50 ¦80á days before the election.                                 
   * Sec. 4.  AS 15.40 is amended by adding a new section to read:           
	Sec. 15.40.075.  Date of nominations.  Candidates for the                  
special election shall be nominated by petition transmitted to the             
director before the 21st day after the vacancy occurs by                       
		(1)  the actual physical delivery of the petition in person;                
		(2)  mail postmarked not later than midnight of that date;                  
or                                                                             

1998-04-16                     House Journal                      Page 3021
SB 307                                                                       
		(3)  telegram of a copy in substance of the statements                      
made in the petition.                                                          
   * Sec. 5.  AS 15.40.030, 15.40.040, 15.40.080, and 15.40.090 are          
repealed.                                                                      
   * Sec. 6.  This Act takes effect immediately under AS 01.10.070(c)."      
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS SB 307(RLS)                                                                
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  0   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Moses, Nicholia                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin,             
Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault,             
Vezey, Williams                                                                
                                                                               
Absent:  Hanley, Sanders                                                       
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Croft:                           
                                                                               
Page 4, line 1:                                                                
	Delete all material.                                                          
	Insert a new bill section to read:                                            
"*Sec. 7  This Act is retroactive to November 6, 1964."                      
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    

1998-04-16                     House Journal                      Page 3022
SB 307                                                                       
Representative Kott  objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS SB 307(RLS)                                                                
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  8   NAYS:  32   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Berkowitz, Croft, Kemplen, Kookesh, Nicholia, Ogan, Sanders,            
Vezey                                                                          
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Cowdery, Davies, Davis,                
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Martin, Masek,               
Moses, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams          
                                                                               
Barnes changed from "Yea" to "Nay".                                            
Cowdery changed from "Yea" to "Nay".                                           
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
SB 307 (RLS) be considered engrossed, advanced to third reading and            
placed on final passage.                                                       
                                                                               
Representative Kubina objected.                                                
                                                                               
The Speaker stated that HCS SB 307(RLS) would be in third reading              
on tomorrow's calendar.                                                        
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 366                                                                       
Representative Porter brought up reconsideration of the vote on                
SSHB366 (page 2985).                                                           
                                                                               
The following was again before the House in third reading:                     
                                                                               

1998-04-16                     House Journal                      Page 3023
HB 366                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366                                     
"An Act relating to child-in-need-of-aid proceedings."                        
                                                                               
                                                                               
A Title Amendment was offered by Representatives Porter and Dyson:             
                                                                               
Page 1, line 1:                                                                
	Delete all material.                                                          
	Insert ""An Act prohibiting a court from finding that a minor                
is a child in need of aid solely on the basis that the child's family          
is poor, lacks adequate housing, or lives a lifestyle that is different        
from the generally accepted lifestyle standard of the community                
where the family lives.""                                                     
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
title amendment be adopted.  There being no objection, it was so               
ordered and the new title appears below:                                       
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366(title am)                           
"An Act prohibiting a court from finding that a minor is a child in           
need of aid solely on the basis that the child's family is poor, lacks         
adequate housing, or lives a lifestyle that is different from the              
generally accepted lifestyle standard of the community where the               
family lives."                                                                 
                                                                               
The question to be reconsidered:  "Shall SSHB 366(title am) pass the           
House?"  The roll was taken with the following result:                         
                                                                               
SSHB 366(title am)--RECONSIDERATION                                            
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley,               
Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring,                  
Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia,                 
Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey,            
Williams                                                                       
                                                                               

1998-04-16                     House Journal                      Page 3024
HB 366                                                                       
And so, SSHB 366(title am) passed the House on reconsideration and             
was referred to the Chief Clerk for engrossment.                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 76                                                                        
The following, which was advanced to third reading from the April 15,          
1998 calendar (page 2991), was read the third time:                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 76(FIN) am H                              
"An Act relating to results-based government and the state budget;            
relating to state agency program and financial plans; relating to the          
withholding or reduction of appropriations to a state agency; and              
relating to state agency performance and other reports."                       
                                                                               
The question being:  "Shall HCS CSSB 76(FIN) am H pass the                     
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 76(FIN) am H                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  9   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davis, Dyson,             
Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring,           
Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg,          
Ryan, Sanders, Therriault, Williams                                            
                                                                               
Nays:  Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh,             
Nicholia, Vezey                                                                
                                                                               
Absent:  Joule, Kubina                                                         
                                                                               
And so, HCS CSSB 76(FIN) am H passed the House and was referred                
to the Chief Clerk for engrossment.                                            
                                                                               
                                                                               
SB 299                                                                       
The following, which was advanced to third reading from the April 15,          
1998 calendar (page 3003), was read the third time:                            

1998-04-16                     House Journal                      Page 3025
SB 299                                                                       
SENATE BILL NO. 299 am H                                                      
"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."                                                                      
                                                                               
Representative Ogan rose to a point of order regarding confining               
remarks to the bill before the body.                                           
                                                                               
The Speaker ruled the point out of order.                                      
                                                                               
The question being:  "Shall SB 299 am H pass the House?"  The roll             
was taken with the following result:                                           
                                                                               
SB 299 am H                                                                    
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, Cowdery, Davies, Davis,                
Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly,             
Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                           
                                                                               
Nays:  Berkowitz, Croft, Elton, Grussendorf, Joule, Kemplen, Kookesh,          
Kubina, Moses, Nicholia                                                        
                                                                               
And so, SB 299 am H passed the House.                                          
                                                                               
Representative Davies gave notice of reconsideration of his vote on SB
299 am H.                                                                      
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 3                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 3(JUD)                                     
Proposing an amendment to the Constitution of the State of Alaska             

1998-04-16                     House Journal                      Page 3026
SJR 3                                                                        
limiting the rights and protections of prisoners to those required            
under the Constitution of the United States.                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT HCS(JUD) 5DP 2DNP                                        2112         
	FISCAL NOTE (GOV)                                                2112         
	FIN RPT HCS(FIN) 9DP 2NR                                         2472         
	LETTER OF INTENT WITH FIN REPORT                                 2473         
	ZERO FISCAL NOTE (ADM)                                           2474         
	FISCAL NOTE (GOV) 1/23/98                                        2474         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION                                   
NO.3(FIN)                                                                      
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that HCS               
CSSJR 3(FIN) be considered engrossed, advanced to third reading and            
placed on final passage.                                                       
                                                                               
                                                                               
Representative Kubina objected.                                                
                                                                               
                                                                               
The Speaker stated that HCS CSSJR 3(FIN) would be in third reading             
on tomorrow's calendar.                                                        
                                                                               
                                                                               
                            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:                   

1998-04-16                     House Journal                      Page 3027
Honoring - Citizens for Recycling Solutions                                    
By Representatives Berkowitz, Phillips, Brice, Bunde, Croft, Davies,           
Davis, Dyson, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule,           
Kemplen, Kott, Kubina, Nicholia, Porter, Ryan, Sanders, Williams               
                                                                               
                                                                               
Honoring - Capital City High School Science Fair Winners                       
By Representatives Hudson, Elton, Mulder, Hanley, Kelly, Foster,               
Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Green,                
Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott,                
Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders,                
Vezey, Williams; Senator Duncan                                                
                                                                               
                                                                               
Honoring - Point Hope Harpoonerettes Girls' Basketball Team,                   
Class2A State Champions                                                        
By Senator Adams; Representatives Joule, Phillips, Berkowitz, Brice,           
Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf,                
Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek,             
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey,                
Williams                                                                       
                                                                               
                                                                               
Honoring - Buckland Sissauni Boys' Basketball Team, ClassIA State              
Champions                                                                      
By Senator Adams; Representatives Joule, Phillips, Berkowitz, Brice,           
Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hudson, Ivan,         
James, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder,                   
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams               
                                                                               
In Memoriam - Victor Ross Guthrie, Sr.                                         
By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft,             
Davies, Davis, Dyson, Elton, Foster, Hudson, Ivan, James, Joule,               
Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Vezey, Williams                                       
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 67                                                                       
Representative Vezey moved and asked unanimous consent that the                
following bill be withdrawn from committee:                                    

1998-04-16                     House Journal                      Page 3028
HJR 67                                                                       
HOUSE JOINT RESOLUTION NO. 67                                                 
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.                                                                        
                                                                               
Representative Porter objected.                                                
                                                                               
The question being:  "Shall HJR 67 be withdrawn from committee?"               
The roll was taken with the following result:                                  
                                                                               
HJR 67                                                                         
Withdraw from Committee                                                        
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  0   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule,             
Kemplen, Kookesh, Kubina, Nicholia, Vezey                                      
                                                                               
Nays:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster,                
Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott,             
Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan,                 
Sanders, Williams                                                              
                                                                               
Absent:  Moses, Therriault                                                     
                                                                               
Bunde changed from "Yea" to "Nay".                                             
Kohring changed from "Yea" to "Nay".                                           
                                                                               
And so, the motion failed.                                                     
                                                                               
HJR 67 is in the Rules Committee.                                              
                                                                               
                                                                               
HJR 57                                                                       
Representative Austerman added his name as cosponsor 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.                            
                                                                               

1998-04-16                     House Journal                      Page 3029
SB 261                                                                       
Representatives Berkowitz, Joule, Rokeberg, Mulder and Kubina added            
their names as cross sponsors to:                                              
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 261(FIN)                                  
"An Act relating to the Special Olympics World Winter Games to                
be held in Anchorage in the year 2001; establishing a reserve fund             
for the games; providing certain duties and authority for the                  
Alaska Industrial Development and Export Authority regarding                   
financing for those games; and providing for an effective date."               
                                                                               
                                                                               
SB 307                                                                       
Representative Barnes added her name as cross sponsor to:                      
                                                                               
HOUSE CS FOR SENATE BILL NO. 307(RLS)                                         
"An Act relating to conditions for filling vacancies in the office of         
United States senator; and providing for an effective date."                   
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 366                                                                       
SSHB 366(title am) was engrossed, signed by the Speaker and Chief              
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 411                                                                       
CSHB 411(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
SB 76                                                                        
HCS CSSB 76(FIN) am H 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.            
                                                                               
Majority Caucus                Speaker's Chamber       2:00 p.m., 4/16         
                                                                               
Minority Caucus                                        2:00 p.m., 4/16         
                                                                               

1998-04-16                     House Journal                      Page 3030
The following meetings today have been changed as indicated:                   
                                                                               
House Special Committee on Economic Development                                
1:00 p.m., 4/16 meeting CANCELED                                               
                                                                               
Resources Committee                                                            
1:00 p.m., 4/16 meeting CHANGED TO:                    1:15 p.m., 4/16         
                                                                               
Finance Committee                                                              
1:30 p.m., 4/16 meeting CHANGED TO:                    2:30 p.m., 4/16         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 17, 1998.  There being no                
objection, the House adjourned at 1:08 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk