Legislature(1997 - 1998)
1998-04-23 House Journal
Full Journal pdf1998-04-23 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