Legislature(1997 - 1998)
1998-04-27 House Journal
Full Journal pdf1998-04-27 House Journal Page 3265 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 27, 1998 One Hundred Sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:14 a.m.. Roll call showed 35 members present. Representatives Brice, Hanley and Moses had been previously excused from a call of the House today. Representative Therriault was absent and his presence was noted later. Representative Porter moved and asked unanimous consent that Representative Vezey's previous excuse (page 3188) be extended through 9:38 p.m., plane time, April 28, 1998. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Robert L. Tornquist of the First Church of God. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Heavenly Father, Our God, We are praying that You will in Your Divine Authority visit us this morning and give to us Your wisdom and power so that we can know that You are concerned about what is happening in our world. In fact, this is a moment when we will seek Your help in matters that are too great for us to tackle alone, for this is a Divine Appointment, for Your presence is here and we are here and together we can handle these pressing issues of life. 1998-04-27 House Journal Page 3266 Visit us with Your Divine presence and convey to us as You have in the past of Your Everlasting love, and may we, through that same love, convey it to others as we represent them. May we, Your created creatures, take time to thank You for the things of this world and may we even spend time with You before we consider the issues of life, take a few moments to pray and to seek Your will in all these matters. Please allow Your blessing to fall upon these men and women today. May Your countenance be felt by each of us and we will be grateful to thank You and praise You in all of these things. And may we be humble and realize what an awesome responsibility that we have in representing the people who have elected us to such an awesome task. Thank You, Lord God, and again we invoke Your presence into this place. Amen." The Pledge of Allegiance was led by Representative Davis. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 103rd, 104th and 105th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * * Representative Croft announced the birth of his daughter, Shannon McLaughlin Croft. MESSAGES FROM THE GOVERNOR HB 53 The following letter, dated April 24, 1998, was received: 1998-04-27 House Journal Page 3267 HB 53 "Dear Speaker Phillips: On this date I have signed the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 53(FIN) am S "An Act expressing legislative intent without the force of law concerning correctional facility space and the Cleary v. Smith case; adding, as a general power of municipalities, the power to provide for, and enter into agreements concerning the confinement and care of prisoners; relating to authorizing the Department of Corrections to enter into agreements to lease facilities for the confinement and care of prisoners with the City of Delta Junction and with the Municipality of Anchorage; and providing for an effective date." Chapter No. 15, SLA 1998 ¦Effective Date: April 25, 1998á This bill addresses three different issues of importance to the Department of Corrections in Alaska. First, it expresses the Legislature's intent to work with the department to reduce the population in state prisons to the emergency capacities established by the court in the class action suit Cleary v. Smith, 3AN-S81-5274 Civ. Indeed, the Legislature has funded the acquisition of more halfway house beds, more contract prison beds out of state, and other reasonable and cost-effective alternative means of confinement. As a result of this, the State of Alaska has been able to stop incurring fines for violations of the court's order in Cleary, for the first time since 1994. Second, this bill authorizes the state to enter into a lease agreement with the Municipality of Anchorage for a new 400-bed jail facility. The bill specifies that capital costs may not exceed $56,000,000 and that the location selected for the facility must be within one mile of the courthouse in Anchorage or within one mile of the Cook Inlet Pretrial Facility. 1998-04-27 House Journal Page 3268 HB 53 The third part of this bill authorizes the state to enter into an agreement with the City of Delta Junction to lease space within a correctional facility on the realigned Fort Greely military reservation. The lease, if entered into, must be for a minimum of twenty years and provide a minimum of 800 medium security prison beds. The City of Delta Junction is required by the bill to use a process similar to that established in the state procurement code to enter into an agreement with a private third-party contractor for the operation of the correctional facility. A letter of intent accompanying the bill specifies that the cost per prisoner per day, inclusive of capital expenses, is not to exceed $70. As we stated time and again during this legislative session, proposals for the expansion of our jail and prison facilities in Alaska must be measured on the basis of: * Safety, * Comprehensively meeting statewide and regional needs, * Consistency with best correctional practices, * Involving community participation (government to government), and * Cost effectiveness. This legislation represents a good first step toward meeting our state's needs, but it is by no means complete or comprehensive. Our prison and jail plan, which we have presented to the Legislature, calls for expansions of our current system at Bethel, Sutton, Palmer, Fairbanks, Kenai, Juneau and Barrow. This session I submitted legislation authorizing the first phase of the plan for the most pressing expansion needs in Bethel and Sutton in addition to the Anchorage jail replacement. Only the Anchorage jail has been addressed in this legislation. This legislation is also incomplete with respect to addressing the terms of the leases and the process to be followed by the parties. In signing this bill, I am committing the state to filling in these blanks with provisions that embody the principles of good government. 1998-04-27 House Journal Page 3269 HB 53 For the new Anchorage jail, this means reaching consensus on the terms of the lease, joint approval over the design and construction of the facility, resolution of issues surrounding the cost of care for municipal prisoners, and participation by the state in the financing process for the project. For a prison at Fort Greely, this means many of the same things, but also a commitment to a government-to-government relationship between the state and the City of Delta Junction on the ownership, construction and operation of the proposed facility. The transactions contemplated by this legislation are extremely complex -- the State of Alaska is to enter into an agreement with a small community for the care and custody of at least 800 prisoners at a converted army post; the City of Delta Junction is to arrange for the conversion of the post into the largest prison in the state and then select an operator for the prison. There are several critical components necessary to move forward on this project. One is the necessity for Delta Junction to obtain ownership of the land and facility for as long as it is used for prison purposes. Additionally, it is not clear who is to build the prison. The state is not authorized to build it and neither the City nor the re-use organizations have the capability to undertake such a project. Thus, considerable state oversight would be required of any private contractor building a prison to ensure a safe, adequate, cost-effective facility. As the state's lease payments will undoubtedly be used in the financing of construction, the state must also be involved in various parts of the financing to protect its lease interests. The city will also need to use an open and fair competitive process to select the operator of the prison. The state recognizes the tremendous hardship imposed on Delta Junction by the closure of the Fort Greely post and the state is committed to working with Delta Junction for an effective re-use plan for the post. At the same time, the costs of operating a prison at Fort Greely must be fiscally responsible. 1998-04-27 House Journal Page 3270 HB 53 This legislation represents an important first step toward solving our prison and jail overcrowding crisis. However, if we are to finally and fully resolve our corrections problems, we must continue to work together over the next several years to build more prison and jail beds, find alternatives to incarceration where appropriate, and most importantly, address the early childhood and educational factors that we know lead to future inmate populations. Sincerely, /s/ Tony Knowles Governor" MESSAGES FROM THE SENATE HB 392 A message dated April 24, 1998, was read stating the Senate has passed CSHB 392(L&C) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 392(RES) "An Act relating to access by the Department of Environmental Conservation and the Department of Fish and Game to confidential records for fisheries businesses and resources prepared or kept by the Department of Revenue under AS 43.75.015; relating to certain salmon products reports; and providing for an effective date." CSHB 392(L&C) am is under Unfinished Business. HB 395 A message dated April 24, 1998, was read stating the Senate has passed CSHB 395(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 395(JUD) "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid or emergency training." CSHB 395(JUD) is under Unfinished Business. 1998-04-27 House Journal Page 3271 FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 24, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 274 CS FOR SENATE BILL NO. 274(FIN) am by the Senate Finance Committee, entitled: "An Act relating to fees for probation and parole; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; and relating to notice requirements relating to appropriations from the permanent fund dividend fund to the office of victims' rights." was read the first time and referred to the Judiciary and Finance Committees. SB 305 CS FOR SENATE BILL NO. 305(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act establishing a standard for determining when an injured worker is eligible for reemployment benefits and establishing a procedure for adopting a new, revised, or replacement standard for determining when an injured worker is eligible for reemployment benefits." was read the first time and referred to the Labor & Commerce and Judiciary Committees. SB 336 CS FOR SENATE BILL NO. 336(L&C) by the Senate Labor & Commerce Committee, entitled: "An Act relating to excluding professional hockey team members from workers' compensation coverage." was read the first time and referred to the Labor & Commerce and Finance Committees. 1998-04-27 House Journal Page 3272 COMMUNICATIONS The following reports were received: Dept. of Natural Resources Division of Forestry 1997 Annual Report Joint Pipeline Office 1997 Annual Report REPORTS OF STANDING COMMITTEES HB 284 The Finance Committee has considered: HOUSE BILL NO. 284 "An Act relating to infestations and diseases of timber." and recommends it be replaced with: CS FOR HOUSE BILL NO. 284(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Kelly, Mulder, Martin, Kohring, Grussendorf, Foster, Davis No recommendation (3): Therriault, Davies, Moses The following fiscal note applies to CSHB 284(FIN): Fiscal note, Dept. of Natural Resources, 4/9/98 HB 284 was referred to the Rules Committee for placement on the calendar. 1998-04-27 House Journal Page 3273 HB 302 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 302 "An Act relating to the University of Alaska; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 302(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (2): Dyson, Bunde Do not pass (1): Brice No recommendation (2): Green, Porter The following fiscal note applies to CSHB 302(HES): Fiscal note, University of Alaska, 4/27/98 HB 302 was referred to the Finance Committee. HB 313 The Finance Committee has considered: HOUSE BILL NO. 313 "An Act relating to preventive maintenance programs required for certain state grants; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 313(FIN) (same title) 1998-04-27 House Journal Page 3274 HB 313 The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (8): Therriault, Martin, Davies, Grussendorf, Davis, Foster, Mulder, Hanley The following fiscal notes apply to CSHB 313(FIN): Fiscal note, Dept. of Education, 2/25/98 Zero fiscal note, Office of the Governor/Dept. of Education, Dept. of Administration, 2/25/98 HB 313 was referred to the Rules Committee for placement on the calendar. HB 315 The Finance Committee has considered: HOUSE BILL NO. 315 "An Act relating to operating appropriations for annual maintenance and repair and periodic renewal and replacement of public buildings and facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to operating appropriations for facility operations, maintenance and repair, and renewal and replacement for components of public buildings and facilities; and providing for an effective date." The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (8): Therriault, Hanley, Grussendorf, Mulder, Martin, Davies, Davis, Foster The following fiscal notes apply to CSHB 315(FIN): 1998-04-27 House Journal Page 3275 HB 315 Zero fiscal note, Dept. of Education, 2/25/98 Zero fiscal note, Office of the Governor/All Depts., 2/25/98 HB 315 was referred to the Rules Committee for placement on the calendar. HB 324 The Judiciary Committee has considered: HOUSE BILL NO. 324 "An Act relating to liens for municipal assessments for certain utility improvements." and recommends it be replaced with: CS FOR HOUSE BILL NO. 324(L&C) "An Act relating to deferral of certain municipal assessment payments." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Porter, Green, James No recommendation (1): Bunde Amend (1): Berkowitz The following fiscal note applies to CSHB 324(L&C): Zero fiscal note, Dept. of Community & Regional Affairs, 4/27/98 HB 324 was referred to the Rules Committee for placement on the calendar. HB 375 The Judiciary Committee has considered: 1998-04-27 House Journal Page 3276 HB 375 HOUSE BILL NO. 375 "An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to registration of certain sex offenders; relating to sentencing for certain crimes involving child victims; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; authorizing the establishment of a multidisciplinary child protection team to review reports of child abuse or neglect; relating to immunity from liability for certain state actions concerning matters involving child protection and fatality reviews and children in need of aid; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and to payment for children in foster and other care and the waiver of certain foster care requirements; relating to the access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 375(JUD) "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to murder of children, kidnapping, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to sentencing for certain crimes involving a child; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and 1998-04-27 House Journal Page 3277 HB 375 neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and foster care licensing; relating to access to certain criminal justice information and licensure of certain child care facilities; relating to determinations of child custody and visitation in situations involving domestic violence; amending Rule 218, Alaska Rules of Appellate Procedure; amending the Alaska Child in Need of Aid Rules; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Porter No recommendation (1): Berkowitz Amend (2): Green, Rokeberg The following fiscal notes apply to CSHB 375(JUD): Fiscal note, Dept. of Health & Social Services, 4/7/98 Fiscal note, Alaska Court System, 4/7/98 Fiscal note, Dept. of Corrections, 4/7/98 Indeterminate fiscal note, Office of the Governor/Various Depts., 2/2/98 HB 375 was referred to the Finance Committee. HB 408 The Finance Committee has considered: HOUSE BILL NO. 408 "An Act establishing the Alaska Seismic Hazards Safety Commission." 1998-04-27 House Journal Page 3278 HB 408 and recommends it be replaced with: CS FOR HOUSE BILL NO. 408(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Mulder, Davies, Foster, Grussendorf, Moses, Kelly No recommendation (3): Therriault, Martin, Davis Amend (1): Kohring The following fiscal note applies to CSHB 408(FIN): Fiscal note, Office of the Governor, 4/27/98 HB 408 was referred to the Rules Committee for placement on the calendar. HB 482 The Transportation Committee has considered: HOUSE BILL NO. 482 "An Act relating to registration of noncommercial trailers and to registration of vehicles owned by disabled persons or persons who are 65 years of age or older; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 482(TRA) "An Act relating to registration fees for certain noncommercial pickup trucks and vans and to registration of vehicles owned by disabled persons or persons who are 65 years of age or older; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: 1998-04-27 House Journal Page 3279 HB 482 Do pass (3): Kookesh, Cowdery, Williams No recommendation (2): Sanders, Masek The following fiscal note applies to CSHB 482(TRA): Zero fiscal note, Dept. of Administration, 4/27/98 HB 482 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Franny Junge, BP Teacher of Excellence By Representative Green Honoring - Theodore DeCorso By Representative Brice INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 490 HOUSE BILL NO. 490 by the House Rules Committee by request, entitled: "An Act relating to insurance premium taxes." was read the first time and referred to the Labor & Commerce and Finance Committees. 1998-04-27 House Journal Page 3280 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 221 The following was read the second time: CS FOR SENATE BILL NO. 221(FIN) "An Act relating to negatively amortizing loans secured by owner- occupied real property originated under a program approved or sponsored by the state or federal government, including congressionally chartered national corporations." with the: Journal Page FIN RPT HCS(FIN) 7DP 1NR 2768 SENATE ZERO FISCAL NOTE (DCED) 1/27/98 2769 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 221(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 221(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 221(FIN) was read the third time. **The presence of Representative Therriault was noted. The question being: "Shall HCS CSSB 221(FIN) pass the House?" The roll was taken with the following result: 1998-04-27 House Journal Page 3281 SB 221 HCS CSSB 221(FIN) Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kelly Excused: Brice, Hanley, Moses, Vezey And so, HCS CSSB 221(FIN) passed the House and was referred to the Chief Clerk for engrossment. SB 240 The following was read the second time: SENATE BILL NO. 240(title am)(reengrossed) "An Act repealing the tax on punchboards and certain coin- operated devices; and providing for an effective date." with the: Journal Page FIN RPT 7DP 2812 SENATE ZERO FISCAL NOTE (REV) 2/11/98 2812 Representative Porter moved and asked unanimous consent that SB 240(title am)(reengrossed) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 240(title am)(reengrossed) was read the third time. The question being: "Shall SB 240(title am)(reengrossed) pass the House?" The roll was taken with the following result: 1998-04-27 House Journal Page 3282 SB 240 SB 240(title am)(reengrossed) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Brice, Hanley, Moses, Vezey Absent: Kemplen And so, SB 240(title am)(reengrossed) 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 240(title am)(reengrossed) was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 12 The following, which was advanced to third reading from the April 24, 1998 calendar (page 3249), was read the third time: CS FOR HOUSE BILL NO. 12(FIN) am "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." Representative Davies moved and asked unanimous consent that CSHB 12(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. 1998-04-27 House Journal Page 3283 HB 12 Amendment No. 2 was offered by Representative Davies: Page 1, line 1, following "activities" (title amendment): Insert "and certain skating and cycling activities" Page 1, line 4, following "purpose of": Insert "sec. 2 of" Page 3, following line 12: Insert a new bill section to read: "* Sec. 3. AS 05 is amended by adding a new chapter to read: Chapter 55. Municipal Skating and Cycling Liability and Responsibility. Sec. 05.55.010. Limitation on actions arising from recreational activities. Notwithstanding any other provision of law, a person may not bring an action against a municipality for an injury occurring at a municipal skating and cycling facility if the injury results from an inherent danger and risk of using the facility. Sec. 05.55.020. Effect of violations. (a) A municipality or person who violates a requirement of this chapter is negligent and civilly liable to the extent the violation causes injury to a person or damage to property. (b) Notwithstanding the provisions of AS 09.17.080, (1) the limitation of liability described under AS 05.55.010 is a complete defense in an action against a municipality for an injury if an inherent danger or risk of the skating or cycling activity is determined to be a contributory factor in the resulting injury, unless the municipality has violated a requirement of this chapter; (2) a violation of the person's duties imposed under AS 05.55.030 is a complete defense in an action against a municipality if the violation is determined to be a contributory factor in the resulting injury, unless the municipality has violated a requirement of this chapter. (c) If the municipality is determined to have violated a requirement of this chapter, the provisions of AS 09.17.080 apply in an action against a municipality for an injury resulting from the violation. 1998-04-27 House Journal Page 3284 HB 12 Sec. 05.55.030. Duties of municipal skating and cycling facility users. A person using a municipal skating or cycling facility may not (1) enter or leave except at a designated area unless reasonably necessary to prevent injury to the person or others; (2) intentionally throw or expel an object onto the facility; (3) take food, drink, or glass containers on the facility; (4) act while using the facility in a manner that may interfere with proper or safe condition of the facility; (5) engage in conduct that may contribute or cause injury to a person other than those associated with inherent dangers and risks of the activity; for purposes of this paragraph, an injury that results from a violation of the rules of the activity is not one that is associated with inherent dangers and risks of the activity; (6) enter the facility when the facility is marked as closed; (7) disobey instructions posted in accordance with this chapter or any other instructions required by local laws consistent with this chapter. Sec. 05.55.040. Duties of municipalities. (a) In a municipal skating or cycling facility, a municipality shall maintain a sign system with concise, simple, and pertinent information for the protection and instruction of a person who uses the facility. Signs shall be prominently placed at each facility. (b) At least one sign posted at each facility must contain language substantially similar to the following warning notice: WARNING Under Alaska law, the risk of an injury to person or property resulting from any of the inherent dangers of using a municipal skating or cycling facility rests with the user. Inherent dangers and risks of using the facility include collisions with man-made objects, collisions with other persons, variations in slope, falling, and the failure of a person to recreate within their own abilities. (c) A municipality shall clearly delineate the boundaries of a municipal skating or cycling facility with fencing or another type of enclosing or surrounding structure. 1998-04-27 House Journal Page 3285 HB 12 (d) A municipality may not construct or maintain a municipal skating or cycling facility in a negligent manner. Sec. 05.55.050. Skating and cycling duties and responsibilities. (a) A person who is skating or cycling at a municipal skating or cycling facility (1) is responsible for knowing the range of the person's own ability to negotiate a skating or cycling facility and to recreate within the limits of the person's ability; in the case of a minor, the minor's parent or legal guardian is responsible for determining whether the minor satisfies the requirements of this paragraph; (2) is responsible for an injury to a person or property resulting from an inherent danger and risk of the activity, except that a person is not precluded under this chapter from suing another person for an injury to person or property resulting from the other person's acts or omissions; notwithstanding any other provision of law, the risk of collision with another person is not an inherent danger or risk of using a skating or cycling facility in an action by one user of the facility against another; (3) has the duty to (A) maintain control of the person's speed and course at all times when using the facility and to maintain a proper lookout so as to be able to avoid other persons, objects, and debris; however, a person on a downhill slope has a primary duty to avoid collision with a person or object below the person; (B) perform a visual inspection of the facility before each use; (C) ensure that all areas of the facility the person intends to use are free and clear of natural or manmade debris that would interfere with the person's use of the facility; (D) heed all posted information and other warnings and to refrain from acting in a manner that may cause or contribute to the injury of the person; evidence that signs as required by AS 05.55.040 or as required by consistent local laws were present, visible, and readable at the beginning of a given day creates the presumption that a person using the facility on that day has seen and understood the sign; and (4) may not use a skating or cycling facility 1998-04-27 House Journal Page 3286 HB 12 (A) while the person's ability is impaired by the influence of alcohol or a controlled substance as defined in AS 11.71.900 or other drugs; (B) if the person does not have sufficient physical dexterity or ability and knowledge to negotiate or use the facility safely; in the case of a minor who uses a municipal skating or cycling facility, the minor's parent or legal guardian is responsible for determining whether the minor satisfies the requirements of this paragraph; (C) if the person is not wearing knee pads, elbow pads, shoes, and a helmet at all times. (b) A person may not skateboard or cycle at a municipal skating or cycling facility if the facility has been posted as "closed." Sec. 05.55.060. Competition: immunity for municipality operating a skating or cycling facility. (a) A municipality shall, before beginning recreational competition at a municipal skating or cycling facility, allow an athlete who will participate in the competition a reasonable visual inspection of the course or area where the competition is to be held. (b) A person in competition at a municipal skating or cycling facility assumes the risk of all course or area conditions, course construction or layout, and obstacles that a visual inspection would have revealed. A municipality is not liable for injury to a person who competed at a municipal skating or cycling facility operated by the municipality and who is injured as a result of a risk described in this subsection. Sec. 05.55.100. Definitions. In this chapter, (1) "inherent dangers and risks of the activity" means a danger or condition that is an integral part of the activity, including collisions with man-made objects; impact with ramps, signs, posts, fences, or enclosures, or other man-made structures and their components; variations in slope and steepness; collisions with other persons; and the failure of a person to perform the activity within their own abilities; the term "inherent dangers and risks of the activity" does not include the negligence of a municipality that is responsible for a municipal facility; (2) "injury" means property damage, personal injury, or death; 1998-04-27 House Journal Page 3287 HB 12 (3) "skating or cycling" means skateboarding, cycling, coasting, roller-skating, or in-line skating or a combination of those activities." Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 12(FIN) am "An Act relating to civil liability for commercial recreational activities and certain skating and cycling activities; and providing for an effective date." The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Ogan Representative Masek Representative Barnes Objection was heard, and the members were required to vote. The question being: "Shall CSHB 12(FIN) am pass the House?" The roll was taken with the following result: CSHB 12(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Barnes, Berkowitz, Croft, Kubina 1998-04-27 House Journal Page 3288 HB 12 Excused: Brice, Hanley, Moses, Vezey And so, CSHB 12(FIN) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of his vote on CSHB 12(FIN) am. SECOND READING OF HOUSE RESOLUTIONS HJR 56 The following was read the second time: HOUSE JOINT RESOLUTION NO. 56 Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. with the: Journal Page RES RPT 8DP 2450 ZERO FISCAL NOTE (H.RES) 2450 RLS RPT CS(RLS) 4DP 2807 ZERO FISCAL NOTE (H.RES) 2/27/98 2807 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 56(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHJR 56(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-04-27 House Journal Page 3289 HJR 56 CSHJR 56(RLS) was read the third time. The question being: "Shall CSHJR 56(RLS) pass the House?" The roll was taken with the following result: CSHJR 56(RLS) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Brice, Hanley, Moses, Vezey And so, CSHJR 56(RLS) passed the House and was referred to the Chief Clerk for engrossment. HCR 34 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 34 Establishing a Joint Committee on Electric Utility Restructuring. with the: Journal Page L&C RPT CS(L&C) 2DP 2NR 1AM 2936 ZERO FISCAL NOTE (LAA) 2937 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 34(L&C) (same title) There being no objection, it was so ordered. 1998-04-27 House Journal Page 3290 HCR 34 Amendment No. 1 was offered by Representative Davies: Page 2, line 6, following "presiding": Delete "officers may appoint" Insert "officer of each body shall apportion" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. The question being: "Shall CSHCR 34(L&C) am pass the House?" The roll was taken with the following result: CSHCR 34(L&C) am Second Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 4 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Brice, Hanley, Moses, Vezey Absent: Kelly, Mulder And so, CSHCR 34(L&C) am 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: 1998-04-27 House Journal Page 3291 Honoring - Cathy and Bernie Lindsey on Their Golden Wedding Anniversary By Representatives Austerman, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, James, Joule, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Mackie Honoring - Beverly and Lou Horn on Their Golden Wedding Anniversary By Representatives Austerman, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, James, Joule, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Mackie Honoring - Alaska Rescue Coordination Center, "Tops in the Nation" By Representatives Mulder, Barnes, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Lin Hinderman, BP Teacher of Excellence By Representatives Green, Hanley, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - University of Alaska Anchorage, College of Business and Public Policy, Dr. Frank Jefferies, Advisor of the Year, Susan Ohrberg, Teacher of the Year By Senator Ward; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - University of Alaska Anchorage, College of Business and Public Policy, Honor Students By Senator Ward; Representatives Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-04-27 House Journal Page 3292 Honoring - Lieutenant Randy Crawford, 1997 Supervisor of the Year, Alaska State Troopers By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Joule, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Trooper Vernon Kinegak By Senator Hoffman; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Reverend Howard Slwooko, Sr. By Representatives Foster, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, Ivan, James, Joule, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Kenneth A. Getts By Representatives Masek, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Theresa Lynn Jimenez By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Davis, Elton, Grussendorf, Hudson, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams CONCUR IN SENATE AMENDMENTS HB 392 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3270) on the following at this time: 1998-04-27 House Journal Page 3293 HB 392 CS FOR HOUSE BILL NO. 392(L&C) am "An Act relating to access by the Department of Environmental Conservation and the Department of Fish and Game to confidential records for fisheries businesses and resources prepared or kept by the Department of Revenue under AS 43.75.015; relating to certain salmon products reports; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 392(RES) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 392(L&C) am, thus adopting SCS CSHB 392(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 392(L&C) am?" The roll was taken with the following result: SCS CSHB 392(RES) Concur YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Brice, Hanley, Moses, Vezey Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 392(RES). 1998-04-27 House Journal Page 3294 HB 392 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 392(RES) was referred to the Chief Clerk for enrollment. HB 395 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3270) on the following at this time: CS FOR HOUSE BILL NO. 395(JUD) "An Act relating to civil liability resulting from the use of a defibrillator in providing emergency aid or emergency training." and SENATE CS FOR CS FOR HOUSE BILL NO. 395(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 395(JUD), thus adopting SCS CSHB 395(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 395(JUD)?" The roll was taken with the following result: SCS CSHB 395(JUD) Concur YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-04-27 House Journal Page 3295 HB 395 Excused: Brice, Hanley, Moses, Vezey And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 395(JUD). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 395(JUD) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SB 313 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: SENATE BILL NO. 313 "An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition." SB 313 is in the Judiciary Committee. SB 122 The Speaker waived the House Special Committee on World Trade and State/Federal Relations referral for the following at the request of Representative Barnes, Chair: SENATE BILL NO. 122 "An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date." SB 122 was removed from the House Special Committee on World Trade and State/Federal Relations and referred to the Rules Committee for placement on the calendar. 1998-04-27 House Journal Page 3296 HJR 56 Representatives Kemplen, James and Croft added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 56(RLS) Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. HB 12 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 12(FIN) am "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." ENGROSSMENT HCR 34 CSHCR 34(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 56 CSHJR 56(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 203 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 203(JUD) "An Act relating to actions for unlawful trade practices." SB 221 HCS CSSB 221(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-04-27 House Journal Page 3297 ENROLLMENT HJR 51 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 2:20 p.m., April 24, 1998: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.51(RES) Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam era veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. HB 310 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 9:50 a.m., April 27, 1998. CS FOR HOUSE BILL NO. 310(RLS) "An Act relating to the utilization of groundfish; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Finance Committee 6:00 p.m., 4/27 meeting CANCELED ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 28, 1998. There being no objection, the House adjourned at 12:28 p.m. Suzi Lowell Chief Clerk