Legislature(1997 - 1998)

1998-04-23 House Journal

Full Journal pdf

1998-04-23                     House Journal                      Page 3207
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    TWENTIETH LEGISLATURE -- SECOND SESSION                    
                                                                               
Juneau, Alaska                      Thursday            April 23, 1998         
                                                                               
                            One Hundred Second Day                           
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:33 a.m.                                                         
                                                                               
                                                                               
Roll call showed 36 members present.  Representatives Croft and                
Vezey had been previously excused from a call of the House today.              
Representatives Hanley and Kott 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 Green 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, yesterday our nation observed 'Earth Day,' an annual                   
time to take stock of what we've been doing with the gifts                     
You've given us.  You have given us marvelous gifts of                         
natural resources, from our lofty mountains, down across our                   
rolling tundra, to miles and miles of spectacular shoreline.                   
You've filled our land with a near infinite variety of flora and               
fauna, and You've populated our waters with fish and                           
mammals.  Forest and minerals add to our bounty.  Over the                     
centuries, You have brought people into this land to love it,                  
care for it, and develop it.  Some of that has been done well,                 
and some of it could have been done better.                                    

1998-04-23                     House Journal                      Page 3208
We've been elected as guardians of all that You have given.                   
We're also here to legislate whatever is necessary to make the                 
most of the human resources that You have given to this Great                  
Land.  And so, we've struggled with a challenging budget.                      
Thank You for the help You have given us so far, on this                       
budget.  We ask You to help us see this budget through its                     
fine-tuning and Conference Committee.  With a reasonable                       
budget, and well thought out legislation, we do want to make                   
the most of the opportunities that you have given to our land                  
and our people.  Amen."                                                        
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Kemplen.                    
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 168                                                                       
A message dated April 22, 1998, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 168(RLS)(efd fld)                                       
"An Act relating to use of traditional means of access to assist in           
taking game or fish and to traditional means of access for                     
traditional outdoor activities on land and water set aside for fish            
and game purposes."                                                            
                                                                               
CSHB 168(RLS)(efd fld) was transmitted to the Office of the Governor           
(page 3205).                                                                   
                                                                               
HB 310                                                                       
A message dated April 22, 1998, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 310(RLS)                                                
"An Act relating to the utilization of groundfish; and providing for          
an effective date."                                                            
                                                                               
CSHB 310(RLS) was referred to the Chief Clerk for enrollment.                  

1998-04-23                     House Journal                      Page 3209
HB 472                                                                        
A message dated April 22, 1998, was read stating the Senate has               
passed HB 472 with the following amendment and it is transmitted for           
consideration:                                                                 
                                                                               
SENATE CS FOR HOUSE BILL NO. 472(FIN)                                         
"An Act relating to apportionment of business income."                        
                                                                               
HB 472 is under Unfinished Business.                                           
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
A message dated April 22, 1998, was read stating the Senate has                
passed the following, and they are transmitted for consideration:              
                                                                               
SB 160                                                                       
CS FOR SENATE BILL NO. 160(L&C) by the Senate Labor &                          
Commerce Committee, entitled:                                                  
                                                                               
"An Act relating to radiological equipment used in the practice of            
dentistry."                                                                    
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
SB 281                                                                       
CS FOR SENATE BILL NO. 281(RES) by the Senate Resources                        
Committee, entitled:                                                           
                                                                               
"An Act relating to general grant land entitlements for the City              
and Borough of Yakutat; and providing for an effective date."                  
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                
                                                                               
SB 306                                                                       
CS FOR SENATE BILL NO. 306(JUD) am by the Senate Judiciary                     
Committee, entitled:                                                           
                                                                               

1998-04-23                     House Journal                      Page 3210
SB 306                                                                       
"An Act relating to the authority to claim a child as a dependent             
for purposes of federal income tax laws; relating to certification of          
child support arrears."                                                        
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
SB 105                                                                       
The State Affairs Committee has considered:                                    
                                                                               
CS FOR SENATE BILL NO. 105(FIN) am                                            
"An Act relating to legislative and executive branch ethics; relating         
to campaign finances for candidates for state office; relating to the          
conduct and regulation of lobbyists with respect to public officials;          
relating to the filing of disclosures by certain state employees and           
officials; making a conforming amendment to the definition of                  
'public official' for employment security statutes; and providing for          
an effective date."                                                            
                                                                               
and recommends it be replaced with the following committee substitute          
with a technical title change:                                                 
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 105(STA)                                  
"An Act relating to legislative and executive branch ethics; relating         
to campaign finances for candidates for state or municipal office;             
relating to the conduct and regulation of lobbyists with respect to            
public officials; relating to the filing of disclosures by certain state       
employees and officials; making a conforming amendment to the                  
definition of 'public official' for employment security statutes; and          
providing for an effective date."                                              
                                                                               
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
No recommendation (6):  James, Ivan, Elton, Berkowitz, Ryan,                   
Hodgins                                                                        

1998-04-23                     House Journal                      Page 3211
SB 105                                                                       
The following fiscal notes apply to HCS CSSB 105(STA):                         
                                                                               
Fiscal note, Dept. of Law, 4/23/98                                             
Zero fiscal note, Select Committee on Legislative Ethics, 4/23/98              
                                                                               
CSSB 105(FIN) am was referred to the Finance Committee.                        
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
The House Special Committee on Oil & Gas has reviewed the                      
qualifications of the following and recommends the appointment be              
forwarded to a joint session for consideration:                                
                                                                               
                                Camille Oechsli                                
                                                                               
as a member of the Alaska Oil and Gas Conservation Commission.                 
                                                                               
                                                                               
The report did not reflect an intent by any of the members to vote for         
or against the named individual during any further sessions for the            
purposes of confirmation.                                                      
                                                                               
The report was signed by Representative Hodgins, Chair; and,                   
Representatives Rokeberg, Bunde, Ogan, Ryan and Brice.                         
                                                                               
                                                                               
HB 440                                                                       
The House Special Committee on Oil & Gas has considered:                       
                                                                               
HOUSE BILL NO. 440                                                            
"An Act relating to certain audits regarding oil and gas royalty and          
net profits and to audits regarding costs relating to exploration              
incentive credits and oil and gas exploration licenses; and                    
providing for an effective date."                                              
                                                                               
The report was signed by Representative Hodgins, Chair, with the               
following individual recommendations:                                          
                                                                               
No recommendation (5):  Bunde, Ryan, Brice, Ogan, Hodgins                      

1998-04-23                     House Journal                      Page 3212
HB 440                                                                       
Amend (1):  Rokeberg                                                           
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (3), Dept. of Natural Resources, 2/18/98                          
                                                                               
HB 440 was referred to the Resources Committee.                                
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Juneau Douglas High School, Crimson Bears Girls'                    
Basketball Team                                                                
By Representatives Hudson, Elton; Senator Duncan                               
                                                                               
                                                                               
Honoring - Statewide "Battle of the Books" Winners, Central Far North          
High School                                                                    
By Representative Nicholia; Senator Lincoln                                    
                                                                               
Honoring - Tara Deal                                                           
By Representative Cowdery                                                      
                                                                               
                                                                               
Honoring - Shirley Tisdale, National Volunteer of the Year                     
By Representative Foster                                                       
                                                                               
Honoring - Tom Opie, Barrow Volunteer Fire Department Chief                    
By Senator Adams; Representatives Joule, Foster                                
                                                                               
                                                                               
In Memoriam - Louisa T. Arab                                                   
By Representatives Foster, Hudson, Elton; Senator Duncan                       
                                                                               
In Memoriam - Elizabeth Sherman                                                
By Representative Foster                                                       
                                                                               

1998-04-23                     House Journal                      Page 3213
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 35                                                                       
HOUSE CONCURRENT RESOLUTION NO. 35 by the House Rules                          
Committee:                                                                     
                                                                               
Establishing a Joint Task Force on the Census and Redistricting.              
                                                                              
was read the first time and referred to the State Affairs Committee.           
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 489                                                                       
HOUSE BILL NO. 489 by the House Rules Committee, entitled:                     
                                                                               
"An Act relating to the transponders on commercial fishing                    
vessels; and providing for an effective date."                                 
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 349                                                                       
The following was read the second time:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 349                                     
"An Act prohibiting the use of the title 'social worker' without a            
license; relating to social workers, licensure of social workers, and          
the Board of Clinical Social Work Examiners; and providing for                 
an effective date."                                                            
                                                                               

1998-04-23                     House Journal                      Page 3214
HB 349                                                                       
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) 1DP 4NR                                         2786         
	FISCAL NOTE (SPONSOR/DCED)                                       2786         
	FIN RPT  CS(FIN) 2DP 5NR 1AM                                     2962         
	FISCAL NOTE (DCED)                                               2963         
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL                                      
NO.349(FIN)                                                                    
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved and asked unanimous consent that                   
CSSSHB 349(FIN) be considered engrossed, advanced to third reading             
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSSSHB 349(FIN) was read the third time.                                       
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
The question being:  "Shall CSSSHB 349(FIN) pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSSSHB 349(FIN)                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  2   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies,            
Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin,             
Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg,              
Ryan, Sanders, Therriault, Williams                                            

1998-04-23                     House Journal                      Page 3215
HB 349                                                                       
Nays:  Dyson, Kohring                                                          
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
And so, CSSSHB 349(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.           
                                                                               
CSSSHB 349(FIN) was referred to the Chief Clerk for engrossment.               
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 268                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 268                                                           
"An Act relating to the assignment to the Department of Labor of              
certain wage claims; and providing for an effective date."                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  3DP 2NR                                                 2941         
	SENATE ZERO FN (LABOR) 2/25/98                                   2941         
                                                                               
Representative Porter moved and asked unanimous consent that SB
268 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
SB 268 was read the third time.                                                
                                                                               
The question being:  "Shall SB 268 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
SB 268                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                              

1998-04-23                     House Journal                      Page 3216
SB 268                                                                       
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, 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, Williams                          
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
And so, SB 268 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.           
                                                                               
SB 268 was signed by the Speaker and Chief Clerk and returned to the           
Senate.                                                                        
                                                                               
                                                                               
SB 341                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 341                                                           
"An Act relating to agricultural land; and providing for an                   
effective date."                                                               
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  5DP 3NR                                                 2982         
	SENATE ZERO FISCAL NOTE (DNR) 3/24/98                            2983         
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that SB
341 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
SB 341 was read the third time.                                                
                                                                               
The question being:  "Shall SB 341 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               

1998-04-23                     House Journal                      Page 3217
SB 341                                                                       
                                                                               
SB 341                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies,            
Davis, Dyson, Elton, 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, Williams                                  
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
Absent:  Foster                                                                
                                                                               
And so, SB 341 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.           
                                                                               
SB 341 was signed by the Speaker and Chief Clerk and returned to the           
Senate.                                                                        
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 62                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 62                                                 
Relating to bringing Balto back to Alaska.                                    
                                                                               
with the:                                                 Journal Page         
                                                                               
	CRA RPT  CS(CRA) 7DP                                             2644         
	ZERO FISCAL NOTE (H.CRA)                                         2645         
	                                                                              
Representative Porter moved and asked unanimous consent that the               
following committee substitute be adopted in lieu of the original              
resolution:                                                                    

1998-04-23                     House Journal                      Page 3218
HJR 62                                                                       
CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA)                                     
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Kubina:                          
                                                                               
Page 1, following line 15:                                                     
	Insert "WHEREAS the Alaska State Legislature has committed to               
shipping Representative Scott Ogan to the Cleveland Museum of                  
Natural History in exchange for Balto;"                                        
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHJR 62(CRA)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
                                                                               
YEAS:  8   NAYS:  25   EXCUSED:  2   ABSENT:  5                              
                                                                               
Yeas:  Berkowitz, Brice, Davies, Elton, Foster, Kohring, Ogan, Sanders         
                                                                               
Nays:  Barnes, Bunde, Cowdery, Davis, Dyson, Green, Grussendorf,               
Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina,            
Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan,             
Williams                                                                       
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
Absent:  Austerman, Joule, Kookesh, Moses, Therriault                          
                                                                               
Kubina changed from "Yea" to "Nay".                                            
                                                                               
And so, Amendment No. 1 was not adopted.                                       

1998-04-23                     House Journal                      Page 3219
HJR 62                                                                       
Representative Porter moved and asked unanimous consent that CSHJR
62(CRA) be considered engrossed, advanced to third reading and                 
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHJR 62(CRA) was read the third time.                                         
                                                                               
The question being:  "Shall CSHJR 62(CRA) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHJR 62(CRA)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  0   EXCUSED:  2   ABSENT:  5                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis,                
Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson,             
Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek,             
Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders,             
Williams                                                                       
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
Absent:  Austerman, Joule, Kookesh, Moses, Therriault                          
                                                                               
And so, CSHJR 62(CRA) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Porter moved and asked unanimous consent that the               
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - Fairview Community Patrol                                           
By Representative Kemplen, Austerman, Berkowitz, Brice, Croft,                 
Davies, Davis, Dyson, Elton, Grussendorf, James, Joule, Kelly,                 
Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan,               
Sanders, Therriault, Williams; Senator Ellis                                   
                                                                               
                                                                               

1998-04-23                     House Journal                      Page 3220
Honoring - Mark Begich                                                         
By Senator Ellis; Representatives Phillips, Barnes, Berkowitz, Brice,          
Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kemplen, Kott,         
Kubina, Nicholia, Porter, Ryan, Williams                                       
                                                                               
                                                                               
Honoring - Mountain View Community Center                                      
By Senator Ellis; Representatives Kemplen, Phillips, Berkowitz, Brice,         
Croft, Davies, Dyson, Elton, Grussendorf, Hudson, Ivan, James, Joule,          
Kelly, Kott, Kubina, Mulder, Nicholia, Porter, Ryan, Therriault,               
Williams                                                                       
                                                                               
                                                                               
Honoring - Cap'n Donnie Kubley, M/Y Boatacious                                 
By Senator Kelly; Representatives Phillips, Austerman, Berkowitz,              
Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster,                    
Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina,               
Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams             
                                                                               
                                                                               
Honoring - Lieutenant General Patrick K. Gamble                                
By Senator Leman; Representatives Mulder, Phillips, Austerman,                 
Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster,                  
Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring,              
Kott, Kubina, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders,                
Vezey, Williams                                                                
                                                                               
                                                                               
Honoring - Ken Thompson                                                        
By Senator Leman; Representatives Barnes, Phillips, Austerman,                 
Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green,            
Grussendorf, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kott,              
Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders,              
Therriault, Vezey, Williams                                                    
                                                                               
                                                                               
In Memoriam - Phillip Wren "Ben" Benediktsson                                  
By Representatives Mulder, Barnes, Foster, Martin, Porter, Ivan,               
Davies, Hodgins, Kelly, Hanley, Phillips, Berkowitz, Brice, Croft,             
Davis, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kemplen,               
Kott, Kubina, Masek, Nicholia, Rokeberg, Ryan, Sanders, Therriault,            
Vezey, Williams                                                                

1998-04-23                     House Journal                      Page 3221
In Memoriam - R. Martin "Marty" Clements                                       
By Senator Duncan; Representatives Elton, Hudson, Phillips,                    
Berkowitz, Brice, Croft, Davies, Davis, Foster, Grussendorf, Hudson,           
Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder,               
Nicholia, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams                  
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 356                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3194) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 356(FIN) am                                             
"An Act establishing the Joint Committee on Military Bases in                 
Alaska; and providing for an effective date."                                  
                                                                               
and                                                                            
                                                                               
CS FOR HOUSE BILL NO. 356(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 356(FIN) am, thus  adopting CSHB 356(FIN)                   
am S, and recommended that the members vote yes.                               
                                                                               
Representative Barnes rose to a point of order regarding improper              
reference to the other body.                                                   
                                                                               
The Speaker cautioned the member to proceed in order.                          
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 356(FIN) am?"  The roll was taken with the following result:           
                                                                               
CSHB 356(FIN) am S                                                             
Concur                                                                         
                                                                               
YEAS:  23   NAYS:  5   EXCUSED:  2   ABSENT:  10                             
                                                                               
                                                                               

1998-04-23                     House Journal                      Page 3222
HB 356                                                                       
Yeas:  Barnes, Bunde, Cowdery, Davies, Davis, Dyson, Green,                    
Hodgins, Hudson, Ivan, James, Kelly, Kott, Martin, Masek, Mulder,              
Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams                
                                                                               
Nays:  Berkowitz, Elton, Grussendorf, Kemplen, Nicholia                        
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
Absent:  Austerman, Brice, Foster, Hanley, Joule, Kohring, Kookesh,            
Kubina, Moses, Ogan                                                            
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
CSHB 356(FIN) am S.                                                            
                                                                               
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:                                      
                                                                               
CSHB 356(FIN) am S                                                             
Concur                                                                         
Effective Date                                                                 
                                                                               
YEAS:  28   NAYS:  1   EXCUSED:  2   ABSENT:  9                              
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cowdery, Davies, Davis, Dyson,                
Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Kelly,                
Kemplen, Kott, Martin, Masek, Mulder, Nicholia, Phillips, Porter,              
Rokeberg, Ryan, Sanders, Therriault, Williams                                  
                                                                               
Nays:  Berkowitz                                                               
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
Absent:  Brice, Foster, Hanley, Joule, Kohring, Kookesh, Kubina,               
Moses, Ogan                                                                    
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
CSHB 356(FIN) am S was referred to the Chief Clerk for enrollment.             

1998-04-23                     House Journal                      Page 3223
HB 472                                                                       
Representative Porter moved and asked unanimous consent that the               
House consider the Senate message (page 3209) on the following at              
this time:                                                                     
                                                                               
HOUSE BILL NO. 472                                                            
"An Act relating to apportionment of business income."                        
                                                                               
and                                                                            
                                                                               
SENATE CS FOR HOUSE BILL NO. 472(FIN)                                         
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Porter moved that the House concur in the Senate                
amendment to HB 472, thus adopting SCS HB 472(FIN), and                        
recommended that the members vote yes.                                         
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to HB 472?"  The roll was taken with the following result:                     
                                                                               
SCS HB 472(FIN)                                                                
Concur                                                                         
                                                                               
YEAS:  29   NAYS:  0   EXCUSED:  2   ABSENT:  9                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davies, Davis,            
Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, James,                
Kelly, Kemplen, Kott, Martin, Masek, Mulder, Nicholia, Phillips,               
Porter, Rokeberg, Ryan, Sanders, Therriault, Williams                          
                                                                               
Excused:  Croft, Vezey                                                         
                                                                               
Absent:  Brice, Foster, Hanley, Joule, Kohring, Kookesh, Kubina,               
Moses, Ogan                                                                    
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS HB 472(FIN).                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS HB 472(FIN) was referred to the Chief Clerk for enrollment.                

1998-04-23                     House Journal                      Page 3224
                             UNFINISHED BUSINESS                             
                                                                               
Representative Porter moved and asked unanimous consent that the               
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Kott - from 6:25 a.m., plane time, April 25 to 9:30             
p.m., plane time, April 26, 1998                                               
                                                                               
                                                                               
Representative Kott moved and asked unanimous consent that the                 
following be adopted as the Sense of the House:                                
                                                                               
"The most rational and responsible approach to leasing fiber optic            
rights-of-way on state lands is by fair market appraisal.                      
                                                                               
We strongly urge the administration to convene a task force of the            
state's principle public land managers (DOTPF, University of                   
Alaska, DNR Parks, DNR Lands, Mental Health Trust, Alaska                      
Railroad Corp.) to evaluate and coordinate the basic methodology               
for determining market value of rights-of-way for these purposes               
and provide guidelines to insure fairness and consistency.                     
Furthermore, this task force should report back to the Legislature             
no later than the 1st day of the 1999 legislative session on the               
state's rights-of-way leasing and pricing policies for fiber optics            
and any necessary legislation to fulfill the goals outlined.                   
                                                                               
It is not our intent to delay anyone's entry into the marketplace             
and we urge the administration to grant early entry permits that               
include market appraisal pricing methodology (as done for the                  
MFS project), unless specifically prohibited by statute, in the                
interim until a rational well thought out policy has been                      
established."                                                                  
                                                                               
                                                                               
Representative Porter objected.                                                
                                                                               
Representative Ryan placed a call of the House.                                
                                                                               
An amendment was offered by Representative Dyson:                              
                                                                               

1998-04-23                     House Journal                      Page 3225
In the first sentence, following "appraisal":                                  
	Insert "consistent with public policy and public needs"                       
                                                                               
Representative Dyson moved that the amendment be adopted.                      
                                                                               
Representative Ryan lifted the call.                                           
                                                                               
Representative Hanley placed a call of the House and lifted the call.          
                                                                               
The Speaker stated that, without objection, the House would recess             
until 5:30 p.m.; and so, the House recessed at 1:42 p.m.                       
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 5:51 p.m.                        
                                                                               
A second quorum call showed 34 members present.  Representative                
Kelly had been previously excused from a call of the House (page               
3204).                                                                         
                                                                               
                             UNFINISHED BUSINESS                             
                                 (Continued)                                 
                                                                               
Representative Dyson moved and asked unanimous consent to                      
withdraw the amendment.  There being no objection, it was so ordered.          
                                                                               
Representative Kott moved and asked unanimous consent to withdraw              
the Sense of the House.  There being no objection, it was so ordered.          
                                                                               
Representative Kott moved and asked unanimous consent that the                 
following be adopted as the new Sense of the House:                            
                                                                               
"Having been asked by the Administration for policy guidance, the             
most rational and responsible approach to leasing fiber optic and              
other rights-of-way on state lands is by fair market appraisal                 
consistent with public policy and public need determinations.                  
                                                                               
We urge the Administration to convene a task force of the state's             
principle public land managers (DOTPF, University of Alaska,                   
DNR Parks, DNR Lands, Mental Health Trust, Alaska Railroad                     

1998-04-23                     House Journal                      Page 3226
Corp.) to evaluate and coordinate the basic methodology for                    
determining market value of rights-of-way for these purposes and               
provide guidelines to insure fairness and consistency.                         
Furthermore, this task force should report back to the Legislature             
no later than the 1st day of the 1999 legislative session with                 
recommendations for the leasing and pricing policies for rights-of-            
way and any necessary legislation to fulfill the goals outlined.               
                                                                               
                                                                               
It is not our intent to delay anyone's entry into the marketplace             
and we urge the Administration to grant early entry permits.  In               
the interim, until a rational well thought out policy has been                 
established, we urge the Administration to include in any right-of-            
way permit agreement a provision allowing a rate based upon the                
subsequent establishment of a valuation methodology consistent                 
with public policy and public need determination."                             
                                                                               
                                                                               
Representative Hanley moved that the new Sense of the House be                 
referred to the House Special Committee on Telecommunications.                 
                                                                               
                                                                               
The question being:  "Shall the new Sense of the House be referred to          
the House Special Committee on Telecommunications?"  The roll was              
taken with the following result:                                               
                                                                               
New Sense of the House                                                         
Refer to House Special Committee/Telecommunications                            
Establishing a Task Force on the Fiber Optic Plan                              
                                                                               
YEAS:  10   NAYS:  27   EXCUSED:  3   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Bunde, Davis, Green, Hanley, Hodgins, Hudson, Mulder, Porter,           
Rokeberg, Therriault                                                           
                                                                               
Nays:  Austerman, Barnes, Berkowitz, Brice, Cowdery, Davies, Dyson,            
Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kohring,              
Kookesh, Kott, Kubina, Martin, Masek, Moses, Nicholia, Ogan,                   
Phillips, Ryan, Sanders, Williams                                              
                                                                               

1998-04-23                     House Journal                      Page 3227
Excused:  Croft, Kelly, Vezey                                                  
                                                                               
And so, the motion failed.                                                     
                                                                               
An amendment was offered by Representative Davies:                             
                                                                               
In the last sentence, following "methodology":                                 
	Insert "based on fair market value"                                           
                                                                               
Representative Davies moved and asked unanimous consent that the               
amendment be adopted.  There being no objection, it was so ordered.            
                                                                               
                                                                               
Representative Green moved that the new Sense of the House as                  
amended be deferred to April 24, 1998.                                         
                                                                               
                                                                               
The question being:  "Shall the new Sense of the House as amended              
be deferred to April 24, 1998?"  The roll was taken with the following         
result:                                                                        
                                                                               
New Sense of the House amended                                                 
Defer to April 24, 1998                                                        
Establishing a Task Force on the Fiber Optic Plan                              
                                                                               
YEAS:  10   NAYS:  27   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Bunde, Green, Hanley, Hodgins, Hudson, Moses, Mulder,                   
Porter, Rokeberg, Therriault                                                   
                                                                               
Nays:  Austerman, Barnes, Berkowitz, Brice, Cowdery, Davies, Davis,            
Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen,                
Kohring, Kookesh, Kott, Kubina, Martin, Masek, Nicholia, Ogan,                 
Phillips, Ryan, Sanders, Williams                                              
                                                                               
Excused:  Croft, Kelly, Vezey                                                  
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
The question being:  "Shall the new Sense of the House as amended              
(Establishing a Task Force on the Fiber Optic Plan) be adopted?"  The          
roll was taken with the following result:                                      

1998-04-23                     House Journal                      Page 3228
New Sense of the House amended                                                 
Establishing a Task Force on the Fiber Optic Plan                              
                                                                               
                                                                               
YEAS:  28   NAYS:  9   EXCUSED:  3   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Cowdery, Davies, Davis,            
Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen,                
Kohring, Kookesh, Kott, Kubina, Martin, Masek, Nicholia, Ogan,                 
Phillips, Porter, Ryan, Sanders, Williams                                      
                                                                               
Nays:  Bunde, Green, Hanley, Hodgins, Hudson, Moses, Mulder,                   
Rokeberg, Therriault                                                           
                                                                               
Excused:  Croft, Kelly, Vezey                                                  
                                                                               
And so, the new Sense of the House as amended was adopted.                     
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that the               
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Williams - from 2:40 p.m., plane time, April 24 to              
9:30p.m., plane time, April 26, 1998                                           
                                                                               
                                                                               
HB 2                                                                         
The Speaker appointed Representative Kubina to replace                         
Representative Croft (page 3114) on the Conference Committee                   
considering the following:                                                     
                                                                               
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            

1998-04-23                     House Journal                      Page 3229
HB 2                                                                         
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."                                              
                                                                               
and                                                                            
                                                                               
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 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             

1998-04-23                     House Journal                      Page 3230
HB 2                                                                         
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."                                              
                                                                               
                                                                               
HB 481                                                                       
The Speaker waived the Finance Committee referral for the following            
at the request of Representative Therriault, Co-chair:                         
                                                                               
HOUSE BILL NO. 481                                                            
"An Act relating to application for and payment of permanent fund             
dividends of certain deceased individuals; and providing for an                
effective date."                                                               
                                                                               
HB 481 was removed from the Finance Committee and referred to the              
Rules Committee for placement on the calendar.                                 
                                                                               
HB 257                                                                       
The State Affairs Committee submitted a corrected committee                    
substitute for their report (page 3195).  The following bill is being          
reprinted today:                                                               
                                                                               
CS FOR HOUSE BILL NO. 257(STA)                                                
"An Act relating to voter qualification, disqualification, and                
registration; relating to voter registration officials and election            
personnel; relating to election notices; relating to mail elections;           
relating to certain election procedures; relating to the transportation        
of ballots; and relating to the official election pamphlet."                   
                                                                               
HB 257 is in the Finance Committee.                                            
                                                                               

1998-04-23                     House Journal                      Page 3231
HJR 62                                                                       
Representatives Kohring, Porter, Grussendorf, Kelly, Mulder, Foster,           
Hodgins, Davis, Davies, Dyson, Ryan, Kemplen and Rokeberg added                
their names as cosponsors to:                                                  
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA)                                     
Relating to bringing Balto back to Alaska.                                    
                                                                               
                                                                               
HB 203                                                                       
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 203                                                            
"An Act relating to actions for unlawful trade practices."                    
                                                                               
                                                                               
HB 303                                                                       
Representative Hudson added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 303                                                            
"An Act extending the termination date of the Council on                      
Domestic Violence and Sexual Assault; and providing for an                     
effective date."                                                               
                                                                               
HB 349                                                                       
Representative Brice added his name as cosponsor to:                           
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
349(FIN)                                                                       
"An Act prohibiting the use of the title 'social worker' without a            
license; relating to social workers, licensure of social workers, and          
the Board of Clinical Social Work Examiners; and providing for                 
an effective date."                                                            
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 62                                                                       
CSHJR 62(CRA) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               

1998-04-23                     House Journal                      Page 3232
HB 349                                                                       
CSSSHB 349(FIN) was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HJR 52                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 10:15 a.m.,           
April 23, 1998:                                                                
                                                                               
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 467                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 10:15 a.m.,           
April 23, 1998:                                                                
                                                                               
HOUSE BILL NO. 467 am S                                                       
"An Act relating to employees of the legislature who are employed             
under a personal services contract."                                           
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
The following meeting today has been changed as indicated:                     
                                                                               
Judiciary Committee                                                            
1:00 p.m., 4/23 meeting CONTINUED:                     7:00 p.m., 4/23         
                                                                               
                                                                               

1998-04-23                     House Journal                      Page 3233
                                 ADJOURNMENT                                 
                                                                               
Representative Porter moved and asked unanimous consent that the               
House adjourn until 10:00 a.m., April 24, 1998.  There being no                
objection, the House adjourned at 6:27 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk