Legislature(1997 - 1998)

1998-04-20 House Journal

Full Journal pdf

1998-04-20                     House Journal                      Page 3105
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                       Monday             April 20, 1998         
                                                                               
                               Ninety-ninth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:16 a.m.                                                         
                                                                               
                                                                               
Roll call showed 38 members present.  Representatives Hanley and               
Williams were absent and their presence was noted later.                       
                                                                               
                                                                               
The invocation was offered by the Chaplain, Father Peter Gorges of             
the Cathedral of the Nativity of the Blessed Virgin Mary.                      
Representative Bunde moved and asked unanimous consent that the                
invocation be spread on the journal.  There being no objection, it             
appears below:                                                                 
                                                                               
"Let us pray,                                                                 
                                                                               
O God, once again we come before You, asking Your help as                     
we get into the final days of this legislative session.  We stand              
in the footsteps of men and women who have envisioned the                      
possibilities for this great land.  They dared to dream of a                   
better life for Alaska's people and a more efficient use of                    
Alaska's natural resources.  They struggled with many of the                   
same issues that still confront us today:  education, growth                   
and development, freedom and responsibility, and public                        
assistance to those who are not able to provide minimum                        
services for themselves.                                                       
                                                                               
Now we have been commissioned by the men and women of                         
this state to help make these dreams become reality.  We are                   
faced with some tough decisions on constitutional amendments                   

1998-04-20                     House Journal                      Page 3106
and budget priorities.  Give us the wisdom to see the issues                   
clearly and the energy to evaluate them correctly.  Help us to                 
rise above human weakness and petty things that can interfere                  
with good legislation.  Bless all those legislative staff people               
who stand in the wings, helping us to make these dreams                        
come true.  Amen."                                                             
                                                                               
The Pledge of Allegiance was led by Representative Martin.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Porter moved and asked unanimous consent that the               
journal for the 97th and 98th legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
SB 261                                                                       
A message dated April 18, 1998, was read stating the Senate has                
concurred in the House amendment to CSSB 261(FIN), thus adopting:              
                                                                               
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                                                                       
A message dated April 18, 1998, was read stating the Senate has                
concurred in the House amendment to SB 307 am, thus adopting:                  
                                                                               
HOUSE CS FOR SENATE BILL NO. 307(RLS) am H                                    
"An Act relating to conditions for filling vacancies in the office of         
United States senator; and providing for an effective date."                   
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 203                                                                       
The Judiciary Committee has considered:                                        

1998-04-20                     House Journal                      Page 3107
HB 203                                                                       
HOUSE BILL NO. 203                                                            
"An Act relating to actions for unlawful trade practices."                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 203(JUD)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (5):  Porter, Green, James, Bunde, Berkowitz                           
                                                                               
The following fiscal note applies to CSHB 203(JUD):                            
                                                                               
Zero fiscal note, Dept. of Law, 4/20/98                                        
                                                                               
HB 203 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 325                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 325                                                            
"An Act making appropriations for the operating and loan program              
expenses of state government, for certain programs, and to                     
capitalize funds; making appropriations under art. IX, sec. 17(c),             
Constitution of the State of Alaska, from the constitutional budget            
reserve fund; and providing for an effective date."                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 325(FIN)                                                
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Hanley,                
Co-chairs, with the following individual recommendations:                      
                                                                               
Do pass (7):  Therriault, Hanley, Martin, Mulder, Kelly, Davis, Foster         

1998-04-20                     House Journal                      Page 3108
HB 325                                                                       
No recommendation (1):  Moses                                                  
                                                                               
Amend (3):  Davies, Kohring, Grussendorf                                       
                                                                               
HB 325 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 326                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 326                                                            
"An Act making appropriations for the operating and capital                   
expenses of the state's integrated comprehensive mental health                 
program; and providing for an effective date."                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 326(FIN)                                                
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Hanley,                
Co-chairs, with the following individual recommendations:                      
                                                                               
Do pass (10):  Therriault, Hanley, Martin, Mulder, Kelly, Davis,               
Foster, Davies, Kohring, Grussendorf                                           
                                                                               
No recommendation (1):  Moses                                                  
                                                                               
HB 326 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 361                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 361                                                            
"An Act relating to private maintenance of state highways."                   

1998-04-20                     House Journal                      Page 3109
HB 361                                                                       
with the:                                                 Journal Page         
                                                                               
	TRA RPT  CS(TRA) 4DP 3NR                                         2381         
	ZERO FISCAL NOTE (DOT)                                           2381         
                                                                               
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. 361(TRA)                                                
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
Page 1, line 15, following "winter":                                           
	Insert "and has posted that persons travel at their own risk"                 
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
**The presence of Representatives Hanley and Williams was noted.               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 361(TRA)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  33   NAYS:  6   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Croft, Davies, Dyson,              
Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan,              
Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek,                
Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Sanders,              
Therriault, Williams                                                           
                                                                               
Nays:  Cowdery, Davis, James, Kott, Porter, Vezey                              

1998-04-20                     House Journal                      Page 3110
HB 361                                                                       
Absent:  Bunde                                                                 
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
361(TRA) am be considered engrossed, advanced to third reading and             
placed on final passage.                                                       
                                                                               
Representative Vezey objected.                                                 
                                                                               
The question being:  "Shall CSHB 361(TRA) am be advanced to third              
reading on the same day?"  The roll was taken with the following               
result:                                                                        
                                                                               
CSHB 361(TRA) am                                                               
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
                                                                               
YEAS:  37   NAYS:  3   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, 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, Ogan, Phillips, Porter,                  
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
Nays:  Berkowitz, Nicholia, Vezey                                              
                                                                               
And so, the motion passed.                                                     
                                                                               
CSHB 361(TRA) am was read the third time.                                      
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
361(TRA) am be returned to second reading for the specific purpose             
of considering Amendment No. 2.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Amendment No. 2 was offered  by Representative Porter:                          
                                                                               
Page 1, lines 9, 10, 12 and 14, preceding "highway":                           
	Insert "state"                                                                

1998-04-20                     House Journal                      Page 3111
HB 361                                                                       
Representative Porter moved and asked unanimous consent that                   
Amendment No. 2 be adopted.   There being no objection, it was so              
ordered.                                                                       
                                                                               
The question being:  "Shall CSHB 361(TRA) am pass the House?"                  
The roll was taken with the following result:                                  
                                                                               
CSHB 361(TRA) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  9   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies,            
Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, Kemplen, Kott, Kubina, Martin, Masek, Moses, Ogan, Phillips,             
Porter, Rokeberg, Ryan, Sanders, Therriault, Williams                          
                                                                               
Nays:  Croft, Dyson, Joule, Kelly, Kohring, Kookesh, Mulder,                   
Nicholia, Vezey                                                                
                                                                               
Absent:  James                                                                 
                                                                               
And so, CSHB 361(TRA) am passed the House and was referred to the              
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
HB 464                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 464                                                            
"An Act relating to state veterans' home facilities."                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	MLV RPT  1DP 5NR                                                 2680         
	FISCAL NOTE (ADM)                                                2680         
	ZERO FISCAL NOTE (DHSS)                                          2680         
	STA RPT  CS(STA) NT 6DP                                          2852         
	ZERO FISCAL NOTE (ADM)                                           2852         
	ZERO FISCAL NOTE (DHSS) 3/20/98                                  2852         
                                                                               

1998-04-20                     House Journal                      Page 3112
HB 464                                                                       
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. 464(STA)                                                
"An Act authorizing state veterans' home facilities to provide                
nursing home care with related medical services."                              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that CSHB
464(STA) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
                                                                               
CSHB 464(STA) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 464(STA) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 464(STA)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
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,                 
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams         
                                                                               
Absent:  Ogan                                                                  
                                                                               
And so, CSHB 464(STA) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
House revert to Messages from the Senate.  There being no objection,           
it was so ordered.                                                             

1998-04-20                     House Journal                      Page 3113
HB 2                                                                         
A message dated April 20, 1998, was read stating the Senate has failed         
to recede from its amendment to:                                               
                                                                               
CS FOR HOUSE BILL NO. 2(FIN)                                                  
"An Act allowing, for the purposes of permanent fund dividend                 
eligibility, an individual to accompany, as the spouse or minor or             
disabled dependent, another eligible resident who is absent for any            
of the following reasons:  vocational, professional, or other                  
specific education for which a comparable program is not                       
reasonably available in the state; secondary or postsecondary                  
education; military service; medical treatment; service in the                 
Congress or in the peace corps; to care for the individual's                   
terminally ill parent, spouse, sibling, child, or stepchild; for up to         
220 days to settle the estate of the individual's deceased parent,             
spouse, sibling, child, or stepchild; to care for a parent, spouse,            
sibling, child, or stepchild with a critical life-threatening illness          
whose treatment plan, as recommended by the attending physician,               
requires travel outside of the state for treatment at a medical                
specialty complex; or other reasons that the commissioner of                   
revenue may establish by regulation; requiring, for the purposes of            
permanent fund dividend eligibility, a state resident to have the              
intent to remain indefinitely; relating to the eligibility for 1992,           
1993, 1994, 1995, 1996, and 1997 permanent fund dividends of                   
certain spouses and dependents of eligible applicants; and                     
providing for an effective date."                                              
                                                                               
namely:                                                                        
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S                               
"An Act requiring, for purposes of permanent fund dividend                    
eligibility, an individual to have been physically present in the              
state for at least 72 consecutive hours during the prior two years             
before the current dividend year; relating, for purposes of                    
permanent fund dividend eligibility, to allowable absences for                 
secondary and postsecondary education on a full-time basis,                    
vocational, professional, or other education on a full-time basis              
when a comparable program is not reasonably available in the                   
state, serving on active duty as a member of the armed forces of               
the United States, receiving continuous medical treatment or                   
convalescing if the treatment or convalescence is not based on a               
need  for  climatic  change,  providing  care for certain relatives            

1998-04-20                     House Journal                      Page 3114
HB 2                                                                         
with critical life-threatening illnesses, providing care for certain          
terminally ill relatives, settling the estates of certain relatives,           
serving as a member of the United States Congress, serving on the              
staff of a member from this state of the United States Congress,               
serving as an employee of the state, accompanying certain ill                  
minors, accompanying another eligible resident who is absent for               
an allowable reason as the spouse, minor dependent, or disabled                
dependent of the eligible resident, or for any reason consistent               
with an individual's intent to remain a state resident; prohibiting,           
for purposes of permanent fund dividend eligibility, an individual             
from claiming an allowable absence unless the individual was a                 
resident for at least six consecutive months immediately before                
leaving the state; making ineligible, for purposes of permanent                
fund dividend eligibility, certain individuals who are absent for              
more than 180 days during each of 10 qualifying years; relating to             
the definition of state 'resident' for purposes of permanent fund              
dividend eligibility and requiring a state resident to have the intent         
to remain indefinitely; relating to the qualifying year and defining           
that term for purposes of the permanent fund dividend program;                 
relating to the eligibility for 1998 permanent fund dividends of               
certain spouses and dependents of eligible individuals; and                    
providing for an effective date."                                              
                                                                               
Title change to be authorized by SCR 23 am.                                    
                                                                               
                                                                               
The President appointed the following members to a Conference                  
Committee to meet with the like committee from the House to consider           
the bills:                                                                     
                                                                               
Senator Sharp, Chair                                                           
Senator Leman                                                                  
Senator Ellis                                                                  
                                                                               
The Speaker appointed the following members to a Conference                    
Committee to meet with the like committee from the Senate to                   
consider the bills:                                                            
                                                                               
Representative Kott, Chair                                                     
Representative Mulder                                                          
Representative Croft                                                           

1998-04-20                     House Journal                      Page 3115
HB 380                                                                       
A message dated April 20, 1998, was read stating the Senate has                
passed CSHB 380(FIN)(title am) with the following amendment and                
it is transmitted for consideration:                                           
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 380(FIN) am S                             
"An Act relating to a temporary reduction of royalty on oil and               
gas produced for sale from certain fields described as being                   
located within the Cook Inlet sedimentary basin, as having been                
discovered before January 1, 1988, and as having been                          
undeveloped or shut in from at least January 1, 1988, through                  
December 31, 1997."                                                            
                                                                               
CSHB 380(FIN)(title am) is under Unfinished Business.                          
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 195                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 195                                                           
"An Act relating to common law liens, to remedies, costs, and fees            
imposed for the registration, filing, or recording of certain                  
nonconsensual common law liens, and to penalties for recording                 
common law liens."                                                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  3DP 1NR                                                 2497         
	2 SENATE ZERO FNS (LAW, COURT) 1/28/98                           2498         
	JUD RPT  5DP                                                     2904         
	2 SENATE ZERO FNS (LAW, COURT) 1/28/98                           2905         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that SB
195 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
SB 195 was read the third time.                                                
                                                                               
Representative Brice placed a call of the House and lifted the call.           

1998-04-20                     House Journal                      Page 3116
SB 195                                                                       
The question being:  "Shall SB 195 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
SB 195                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  28   NAYS:  1   EXCUSED:  0   ABSENT:  11                             
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley,               
Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Mulder,                 
Phillips, Porter, Rokeberg, Ryan, Williams                                     
                                                                               
Nays:  Ogan                                                                    
                                                                               
Absent:  Joule, Kookesh, Kott, Kubina, Martin, Masek, Moses,                   
Nicholia, Sanders, Therriault, Vezey                                           
                                                                               
And so, SB 195 passed the House, was signed by the Speaker and                 
Chief Clerk and returned to the Senate.                                        
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 252                                                                       
The following, which was advanced to third reading from the April 18,          
1998 calendar (page 3075), was read the third time:                            
                                                                               
CS FOR HOUSE BILL NO. 252(FIN)                                                
"An Act relating to criminal records; relating to notice about and            
registration of sex offenders and child kidnappers; and amending               
Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and                 
providing for an effective date."                                              
                                                                               
The question being:  "Shall CSHB 252(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 252(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              

1998-04-20                     House Journal                      Page 3117
HB 252                                                                       
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, Martin, Masek, Mulder, Nicholia, Ogan, Phillips,                
Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams                   
                                                                               
Absent:  Kubina, Moses                                                         
                                                                               
And so, CSHB 252(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 court       
rule changes.  There being no objection, it was so ordered.                    
                                                                               
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 252(FIN) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess             
until 1:30 p.m.; and so, the House recessed at 12:59 p.m.                      
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 1:46 p.m.                        
                                                                               
A second quorum call showed 29 members present.                                
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                  (Continued)                                  
                                                                               
HB 406                                                                       
The following, which was advanced to third reading from the April 18,          
1998 calendar (page 3089), was read the third time:                            
                                                                               
CS FOR HOUSE BILL NO. 406(FIN) am                                             
"An Act authorizing the Board of Fisheries and the Board of Game              
to identify fish and game that are taken or used for subsistence, to           
identify  subsistence  and  nonsubsistence  areas,  and to establish           

1998-04-20                     House Journal                      Page 3118
HB 406                                                                       
preferences for subsistence fishing and hunting based on the                  
availability of fish and game resources; providing for the                     
identification of qualified subsistence users; providing for the               
regulation of the subsistence taking and use of fish and game;                 
prohibiting and providing a penalty for false reports of information           
relating to the subsistence taking or use of fish or game or to                
eligibility to engage in subsistence; establishing regional advisory           
committees; amending the definitions of 'customary and                         
traditional,' 'subsistence fishing,' 'subsistence hunting,' and                
'subsistence uses'; repealing the definition of 'rural area'; repealing        
subsistence hunting and fishing statutes that are to take effect upon          
the sunset of the current subsistence hunting and fishing statute;             
and providing for an effective date."                                          
                                                                               
Representative Kubina placed a call of the House on the bill.                  
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall CSHB 406(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 406(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green,                 
Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder,           
Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey                       
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf,            
Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia,                
Phillips, Williams                                                             
                                                                               
And so, CSHB 406(FIN) am passed the House.                                     
                                                                               
Representative Porter moved the effective date clause.                         
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      

1998-04-20                     House Journal                      Page 3119
HB 406                                                                       
                                                                               
CSHB 406(FIN) am                                                               
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green,                 
Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek,           
Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey               
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf,            
Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Phillips,              
Williams                                                                       
                                                                               
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted.                                                                   
                                                                               
Representative Kubina gave notice of reconsideration of his vote on            
CSHB 406(FIN) am(efd fld).                                                     
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess;            
and so, the House recessed at 4:29 p.m.                                        
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 4:53 p.m.                        
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 180                                                                       
The following, which was advanced to third reading from the April 18,          
1998 calendar (page 3093), was read the third time:                            
                                                                               
CS FOR SENATE BILL NO. 180(FIN)                                               
"An Act relating to state rights-of-way."                                     
                                                                               
Representative Ogan placed a call of the House and lifted the call.            
                                                                               
The question being:  "Shall CSSB 180(FIN) pass the House?"  The roll           
was taken with the following result:                                           

1998-04-20                     House Journal                      Page 3120
SB 180                                                                       
                                                                               
CSSB 180(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  6   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davis,             
Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan,              
James, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Mulder, Ogan,              
Phillips, Porter, Rokeberg, Therriault, Vezey, Williams                        
                                                                               
Nays:  Croft, Davies, Elton, Joule, Kookesh, Nicholia                          
                                                                               
Absent:  Kohring, Moses, Ryan, Sanders                                         
                                                                               
And so, CSSB 180(FIN) passed the House, was signed by the Speaker              
and Chief Clerk and returned to the Senate.                                    
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 20                                                                       
The following was read the second time:                                        
                                                                               
SENATE CONCURRENT RESOLUTION NO. 20                                           
Relating to support of the State of Alaska's areawide leasing                 
program.                                                                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	O&G RPT  5DP 1NR                                                 2812         
	SENATE ZERO FISCAL NOTE (S.RES) 2/6/98                           2813         
                                                                               
The question being:  "Shall SCR20 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
SCR 20                                                                         
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  0   ABSENT:  4                              

1998-04-20                     House Journal                      Page 3121
SCR 20                                                                       
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley,               
Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott,            
Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter,               
Rokeberg, Therriault, Vezey, Williams                                          
                                                                               
Absent:  Kohring, Moses, Ryan, Sanders                                         
                                                                               
And so, SCR20 passed the House, was signed by the Speaker and                  
Chief Clerk and returned to the Senate.                                        
                                                                               
                                                                               
                            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 - Hoonah High School Braves, 1998 Boys 2-A State                      
Basketball Runners-up                                                          
By Representatives Kookesh, Berkowitz, Brice, Croft, Davies, Dyson,            
Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kemplen,                
Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Vezey, Williams                                       
                                                                               
                                                                               
Honoring - Jeff King, 1998 Iditarod Champion                                   
By Representatives James, Phillips, Austerman, Berkowitz, Brice,               
Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf,                 
Hanley, Hodgins, Hudson, Ivan, Joule, Kemplen, Kohring, Kott,                  
Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan,                 
Sanders, Therriault, Vezey, Williams; Senator Miller                           
                                                                               
                                                                               
Honoring - Klawock High School Chieftains, 1998 Girls 2-A State                
Basketball Runners-up                                                          
By Representatives Kookesh, Berkowitz, Brice, Croft, Davies, Dyson,            
Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kemplen,                
Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter,                  
Rokeberg, Ryan, Sanders, Vezey, Williams                                       
                                                                               

1998-04-20                     House Journal                      Page 3122
Honoring - Nancy Morris, BP Teacher of Excellence                              
By Representatives Dyson, Phillips, Berkowitz, Brice, Bunde, Croft,            
Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, James,               
Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia,                
Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams             
                                                                               
Honoring - Angela Whiting, BP Teacher of Excellence                            
By Representatives Dyson, Phillips, Berkowitz, Brice, Bunde, Croft,            
Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, James,               
Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia,                
Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams             
                                                                               
Honoring - Ty Jones, National Hockey League Prospect                           
By Representatives Dyson, Phillips, Austerman, Berkowitz, Brice,               
Croft, Davies, Davis, Elton, Grussendorf,  Hudson, James, Joule,               
Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan,                 
Porter, Rokeberg, Ryan, Sanders, Vezey, Williams                               
                                                                               
Honoring - Karen Jacobsen, BP Teacher of Excellence                            
By Representatives Dyson, Phillips, Berkowitz, Brice, Bunde, Croft,            
Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, James,               
Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia,                
Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams             
                                                                               
                                                                               
Honoring - Melanie Gerken, BP Teacher of the Year                              
By Representatives Dyson, Phillips, Berkowitz, Brice, Bunde,                   
Cowdery, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley,              
Hudson, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek,                   
Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault,           
Vezey, Williams                                                                
                                                                               
                                                                               
Honoring - Sylvia Armitstead, Bronze Ulu 3000-Meter Speed Skating              
Relay, Arctic Winter Games 1998                                                
By Representatives Dyson, Phillips, Austerman, Berkowitz, Brice,               
Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan,         
James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder,                   
Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams               
                                                                               
                                                                               

1998-04-20                     House Journal                      Page 3123
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 380                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3115) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 380(FIN)(title am)                                      
"An Act relating to a temporary reduction of royalty on oil and               
gas produced for sale from certain fields described as being                   
located within the Cook Inlet sedimentary basin, as having been                
discovered before January 1, 1988, and as having been                          
undeveloped or shut in from at least January 1, 1988, through                  
December 31, 1997."                                                            
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 380(FIN) am S                             
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to CSHB 380(FIN)(title am), thus adopting SCS CSHB
380(FIN) am S, and recommended that the members vote yes.                      
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to CSHB 380(FIN)(title am)?"  The roll was taken with the following            
result:                                                                        
                                                                               
SCS CSHB 380(FIN) am S                                                         
Concur                                                                         
                                                                               
YEAS:  37   NAYS:  2   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft,             
Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson,           
Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin,             
Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan,               
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Nays:  Grussendorf, Kookesh                                                    

1998-04-20                     House Journal                      Page 3124
HB 380                                                                       
Absent:  Moses                                                                 
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 380(FIN) am S.                                                        
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 380(FIN) am S was referred to the Chief Clerk for                     
enrollment.                                                                    
                                                                               
                                                                               
HJR 52                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3067) on the following at              
this time:                                                                     
                                                                               
HOUSE JOINT RESOLUTION NO. 52                                                 
Relating to opposition to the designation of any rivers in Alaska             
as American Heritage Rivers under the American Heritage Rivers                 
initiative.                                                                    
                                                                               
and                                                                            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 52(RES)                              
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to HJR 52, thus adopting SCS HJR 52(RES), and                        
recommended that the members vote yes.                                         
                                                                               
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to HJR 52?"  The roll was taken with the following result:                     
                                                                               
SCS HJR 52(RES)                                                                
Concur                                                                         
                                                                               
YEAS:  32   NAYS:  7   EXCUSED:  0   ABSENT:  1                              

1998-04-20                     House Journal                      Page 3125
HJR 52                                                                       
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davis,             
Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan,              
James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan,               
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams         
                                                                               
Nays:  Croft, Davies, Elton, Kemplen, Kookesh, Kubina, Nicholia                
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS HJR 52(RES).                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS HJR 52(RES) was referred to the Chief Clerk for enrollment.                
                                                                               
                                                                               
HB 462                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3069) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 462(STA)                                                
"An Act relating to the contents of certain state documents."                 
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 462(STA)                                  
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to CSHB 462(STA), thus adopting SCS CSHB 462(STA),                   
and recommended that the members vote yes.                                     
                                                                               
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to CSHB 462(STA)?"  The roll was taken with the following result:              

1998-04-20                     House Journal                      Page 3126
HB 462                                                                       
                                                                               
SCS CSHB 462(STA)                                                              
Concur                                                                         
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
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, Mulder, Nicholia, Ogan,                  
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams         
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 462(STA).                                                             
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 462(STA) was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
HJR 51                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3067) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 51(MLV)                                     
Relating to support for H.R. 2924, which allows certain Alaska                
Native Vietnam era veterans and the Elim Native Corporation to                 
select land under the Alaska Native Claims Settlement Act.                     
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION                                   
NO.51(RES)                                                                     
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               

1998-04-20                     House Journal                      Page 3127
HJR 51                                                                       
Representative Porter moved that the House concur in the Senate                
amendment to CSHJR 51(MLV), thus adopting SCS CSHJR 51(RES),                   
and recommended that the members vote yes.                                     
                                                                               
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to CSHJR 51(MLV)?"  The roll was taken with the following result:              
                                                                               
SCS CSHJR 51(RES)                                                              
Concur                                                                         
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
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, Mulder, Nicholia, Ogan,                  
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams         
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHJR 51(RES).                                                             
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHJR 51(RES) was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved and asked unanimous consent that it be              
the Sense of the House that the Republican Party of Alaska Resolution          
No. 96.1.M be affirmed.                                                        
                                                                               
                                                                               
The Speaker ruled the motion out of order.                                     
                                                                               
                                                                               

1998-04-20                     House Journal                      Page 3128
HJR 52                                                                       
Representative Ryan added his name as cosponsor to:                            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 52(RES)                              
Relating to opposition to the designation of any rivers in Alaska             
as American Heritage Rivers under the American Heritage Rivers                 
initiative.                                                                    
                                                                               
                                                                               
HB 11                                                                        
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 11                                                             
"An Act relating to driver's licensing; and providing for an                  
effective date."                                                               
                                                                               
                                                                               
HB 203                                                                       
Representatives James, Rokeberg and Hudson added their names as                
cosponsors to:                                                                 
                                                                               
HOUSE BILL NO. 203                                                            
"An Act relating to actions for unlawful trade practices."                    
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 2                                                                        
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
HOUSE JOINT RESOLUTION NO. 2                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to repeal of regulations by the legislature.                          
                                                                               
HB 252                                                                       
CSHB 252(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               

1998-04-20                     House Journal                      Page 3129
HB 361                                                                       
CSHB 361(TRA) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 464                                                                       
CSHB 464(STA) 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       5:30 p.m., 4/20         
                                                                               
Minority Caucus                                        upon adj., 4/20         
                                                                               
                                                                               
The following meetings today have been changed as indicated:                   
                                                                               
Finance Committee                                                              
1:30 p.m., 4/20 meeting CANCELED                                               
                                                                               
Labor & Commerce Committee                                                     
3:15 p.m., 4/20 meeting POSTPONED TO A CALL OF THE CHAIR                       
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 21, 1998.  There being no                
objection, the House adjourned at 5:16 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk