Legislature(1997 - 1998)
1998-05-04 House Journal
Full Journal pdf1998-05-04 House Journal Page 3493 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 4, 1998 One Hundred Thirteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:23 a.m. Roll call showed 31 members present. Representatives Davis, Hanley, Kelly, Kohring, Martin, Moses, Mulder and Ogan were absent and their presence was noted later. Representative Therriault was absent. The invocation was offered by Samira Samimi-Moore of the Juneau Baha'i Community. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O Thou kind Lord! O Thou Who art generous and merciful! We are servants of Thy threshold and are gathered beneath the sheltering shadow of Thy divine unity. The sun of Thy mercy is shining upon all, and the clouds of Thy bounty shower upon all. Thy gifts encompass all, Thy loving providence sustains all, Thy protection overshadows all, and the glances of Thy favor are cast upon all. O Lord! Grant Thine infinite bestowals, and let the light of Thy guidance shine. Illumine the eyes, gladden the hearts with abiding joy. Confer a new spirit upon all people and bestow upon them eternal life. Unlock the gates of true understanding and let the light of faith shine resplendent. Gather all people beneath the shadow of Thy bounty and cause them to unite in harmony, so that they may become as the rays of one sun, as the waves of one ocean, and as the fruits of one tree. May they drink from the same fountain. May they be refreshed by the same breeze. 1998-05-04 House Journal Page 3494 May they receive illumination from the same source of light. Thou art the Giver, the Merciful, the Omnipotent. -- Baha'i Writings" The Pledge of Allegiance was led by Representative Kott. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 111th and 112th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SJR 40 A message dated May 2, 1998, was read stating the Senate has concurred in the House amendment to CSSJR 40(RES), thus adopting: CS FOR SENATE JOINT RESOLUTION NO. 40(RES) am H Relating to the fisheries management fee proposed by President Clinton. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 2, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 358 SENATE BILL NO. 358 am by the Senate Finance Committee, entitled: "An Act relating to the disclosure of certain personnel records that include information about the use of public resources." was read the first time and referred to the Finance Committee. 1998-05-04 House Journal Page 3495 **The presence of Representative Ogan was noted. REPORTS OF STANDING COMMITTEES HB 323 The Finance Committee has considered: HOUSE BILL NO. 323 "An Act relating to the calculation of credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, and state boarding schools; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 323(FIN) "An Act relating to the calculation of employee contributions and credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, the Alaska Vocational Technical Center, and state boarding schools; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Therriault, Kohring, Grussendorf, Moses, Davis, Kelly No recommendation (1): Mulder The following fiscal note applies to CSHB 323(FIN): Fiscal note, Dept. of Administration, 5/1/98 HB 323 was referred to the Rules Committee for placement on the calendar. HB 432 The Finance Committee has considered: 1998-05-04 House Journal Page 3496 HB 432 HOUSE BILL NO. 432 "An Act relating to the bond authorization for international airports revenue bonds; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 432(ITT) "An Act relating to international airports revenue bonds; and providing for an effective date." The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (3): Mulder, Kohring, Davis No recommendation (4): Therriault, Hanley, Kelly, Grussendorf The following fiscal notes apply to CSHB 432(ITT): Fiscal note, Dept. of Revenue, 3/25/98 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/25/98 HB 432 was referred to the Rules Committee for placement on the calendar. HB 452 The Finance Committee has considered: HOUSE BILL NO. 452 "An Act relating to registration, disclosures, and reports by certain nonprofit corporations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 452(JUD) "An Act relating to disclosures and reports by certain nonprofit corporations." 1998-05-04 House Journal Page 3497 HB 452 The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (1): Kelly No recommendation (4): Therriault, Mulder, Moses, Davis Amend (3): Martin, Kohring, Grussendorf The following fiscal note applies to CSHB 452(JUD): Zero fiscal note, House Judiciary Committee, 5/1/98 HB 452 was referred to the Rules Committee for placement on the calendar. HB 463 The Finance Committee has considered: HOUSE BILL NO. 463 "An Act establishing the Alaska public building fund; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Davis, Moses, Grussendorf No recommendation (3): Therriault, Kelly, Kohring The following fiscal note applies: Zero fiscal note, Office of the Governor/All Depts., 3/19/98 HB 463 was referred to the Rules Committee for placement on the calendar. SB 235 The Finance Committee has considered: 1998-05-04 House Journal Page 3498 SB 235 CS FOR SENATE BILL NO. 235(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Mulder, Kohring, Grussendorf, Moses, Davis, Kelly No recommendation (1): Therriault The following fiscal note applies: Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/11/98 CSSB 235(FIN) was referred to the Rules Committee for placement on the calendar. SB 304 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 304(RLS) "An Act relating to the bail or fine for an offense committed in a highway work zone; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (6): Croft, Porter, Green, James, Bunde, Berkowitz No recommendation (1): Rokeberg The following fiscal note applies: Senate zero fiscal note, Dept. of Transportation & Public Facilities, 3/20/98 CSSB 304(RLS) was referred to the Rules Committee for placement on the calendar. 1998-05-04 House Journal Page 3499 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sergeant Nelson "Duke" Ballard, Alaska State Trooper By Representative Masek Honoring - Derrill Johnson By Representatives Elton, Hudson; Senator Duncan Honoring - Prince William Sound Community College, 20th Anniversary By Senator Lincoln; Representative Kubina Honoring - Rachel Lizardi By Senator Lincoln; Representative Kubina Honoring - Barbara Waters, Dezi Butcher, and Barbara Tillman, Pony Express Tour 1998, Women's Motorcyclist Foundation By Senator Ward In Memoriam - Casey Joe Holbrook By Representative Masek In Memoriam - Anne Speilberg By Representative Vezey CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 350 The following was read the second time: HOUSE BILL NO. 350 "An Act requiring that the cost of contraceptives and related health care services be included in health insurance coverage." 1998-05-04 House Journal Page 3500 HB 350 with the: Journal Page HES RPT 3DP 2DNP 1NR 2380 LETTER OF INTENT WITH HES REPORT 2380 ZERO FISCAL NOTE (DCED) 2381 L&C RPT CS(L&C) 3DP 2NR 1AM 3359 ZERO FISCAL NOTE (DCED) 2/20/98 3359 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 350(L&C) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Rokeberg: Page 1, line 1, following "contraceptives" (title amendment): Insert "and prescription male potency drugs" Page 1, line 4, following "Contraceptive" Insert "and Male Potency" Page 1, line 7, following "contraceptives" Insert "and prescription male potency drugs" Page 1, line 11, following "contraceptives" Insert "and prescription male potency drugs, including Viagra" Representative Rokeberg moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected. **The presence of Representatives Davis, Kohring and Moses was noted. Representative Rokeberg moved and asked unanimous consent to withdraw Amendment No. 1. 1998-05-04 House Journal Page 3501 HB 350 Representative Barnes objected and withdrew the objection. There being no further objection, Amendment No. 1 was withdrawn. **The presence of Representative Kelly was noted. Representative Porter moved and asked unanimous consent that CSHB 350(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 350(L&C) was read the third time. **The presence of Representatives Martin and Mulder was noted. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Davis Representative Brice Objection was heard, and the members were required to vote. Representative Croft placed a call of the House and lifted the call. The question being: "Shall CSHB 350(L&C) pass the House?" The roll was taken with the following result: CSHB 350(L&C) Third Reading Final Passage YEAS: 25 NAYS: 13 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Nicholia, Phillips, Rokeberg, Ryan, Williams Nays: Barnes, Cowdery, Dyson, Hodgins, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Porter, Sanders, Vezey 1998-05-04 House Journal Page 3502 HB 350 Absent: Hanley, Therriault And so, CSHB 350(L&C) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 192 The following was read the second time: CS FOR SENATE BILL NO. 192(FIN) "An Act relating to maintenance of state marine vessels; and providing for an effective date." (Similar to HB 480) Representative Porter moved and asked unanimous consent that CSSB 192(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 192(FIN) was read the third time. Representative Dyson moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Dyson was required to vote. The question being: "Shall CSSB 192(FIN) pass the House?" The roll was taken with the following result: CSSB 192(FIN) Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams 1998-05-04 House Journal Page 3503 SB 192 Nays: Kohring, Ogan, Vezey Absent: Hanley, Therriault And so, CSSB 192(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. CSSB 192(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 284 The following was read the second time: CS FOR SENATE BILL NO. 284(STA) "An Act relating to cruelty to animals." with the: Journal Page JUD RPT 5DP 1NR 3362 SENATE ZERO FISCAL NOTE (LAW) 3/25/98 3362 Representative Porter moved and asked unanimous consent that CSSB 284(STA) be considered engrossed, advanced to third reading and placed on final passage. Representative Kelly objected. Amendment No. 1 was offered by Representative Kelly: Page 1, lines 5 - 6: Delete "¦AND PROLONGEDá" Insert "and prolonged" Representative Kelly moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected. 1998-05-04 House Journal Page 3504 SB 284 Representative Kelly moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. The Speaker stated that CSSB 284(STA) will be held in second reading to tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 347 The following, which was advanced to third reading from the May 2, 1998 calendar (page 3474), was read the third time: CS FOR HOUSE BILL NO. 347(L&C) "An Act relating to an exemption from overtime wage requirements for certain motor vehicle mechanics." Representative Brice placed a call of the House. **The presence of Representative Hanley was noted. Representative Brice lifted the call. The question being: "Shall CSHB 347(L&C) pass the House?" The roll was taken with the following result: CSHB 347(L&C) Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kubina Absent: Therriault 1998-05-04 House Journal Page 3505 HB 347 And so, CSHB 347(L&C) passed the House and was referred to the Chief Clerk for engrossment. HB 405 The following, which was advanced to third reading from the May 2, 1998 calendar (page 3476), was read the third time: CS FOR HOUSE BILL NO. 405(FIN) "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." The question being: "Shall CSHB 405(FIN) pass the House?" The roll was taken with the following result: CSHB 405(FIN) Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Davis, Kelly, Nicholia, Vezey Absent: Therriault And so, CSHB 405(FIN) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 197 The following, which was advanced to third reading from the May 2, 1998 calendar (page 3478), was read the third time: 1998-05-04 House Journal Page 3506 SB 197 HOUSE CS FOR CS FOR SENATE BILL NO. 197(HES) "An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers." Representative Davis declared a conflict of interest. The question being: "Shall HCS CSSB 197(HES) pass the House?" The roll was taken with the following result: HCS CSSB 197(HES) Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Grussendorf, Hodgins, Hudson, Ivan, James, Kemplen, Kookesh, Kubina, Martin, Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Sanders, Williams Nays: Barnes, Davis, Green, Hanley, Kelly, Kohring, Kott, Masek, Rokeberg, Vezey Absent: Joule, Ogan, Therriault And so, HCS CSSB 197(HES) passed the House. Representative Kubina gave notice of reconsideration of his vote on HCS CSSB 197(HES). 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: 1998-05-04 House Journal Page 3507 Honoring - Rod & Jean Ewing, Fiftieth Anniversary By Representatives Kohring, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Connie Reinhart, Principal of Chester Valley Elementary By Representatives Mulder, Phillips, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Margy Johnson By Senator Lincoln; Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Helena Schwiete By Representatives Austerman, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Mackie CONCUR IN SENATE AMENDMENTS HB 404 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3383) on the following at this time: CS FOR HOUSE BILL NO. 404(TRA) "An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles; and providing for an effective date." 1998-05-04 House Journal Page 3508 HB 404 and SENATE CS FOR CS FOR HOUSE BILL NO. 404(RLS) "An Act relating to the regulation of commercial vehicles; relating to the temporary registration of out-of-state commercial vehicles; relating to registration fees for commercial vehicles and for certain noncommercial pick-up trucks and vans; and providing for an effective date." New title to be authorized by SCR 28. There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 404(TRA), thus adopting SCS CSHB 404(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 404(TRA)?" The roll was taken with the following result: SCS CSHB 404(RLS) Concur YEAS: 35 NAYS: 3 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Kohring, Ogan, Vezey Absent: Joule, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 404(RLS). 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. 1998-05-04 House Journal Page 3509 HB 404 The Chief Clerk was instructed to so notify the Senate. SCS CSHB 404(RLS) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that it be the Sense of the House that the House of Representatives of the Alaska State Legislature support the Legislative Council's ANILCA litigation and that a letter be sent to our congressional delegation and the Governor urging them to do the same. Objection was heard. The question being: "Shall it be the Sense of the House to support the Legislative Council's ANILCA litigation and send a letter to the congressional delegation and the Governor urging them to do the same?" The roll was taken with the following result: Sense of the House Support Legislative Council's ANILCA Litigation YEAS: 13 NAYS: 24 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Dyson, Hodgins, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Rokeberg, Vezey Nays: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hudson, Ivan, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia, Phillips, Porter, Ryan, Sanders, Williams Absent: Hanley, Joule, Therriault And so, the motion failed. 1998-05-04 House Journal Page 3510 SB 192 Representatives Williams and Croft added their names as cross sponsors to: CS FOR SENATE BILL NO. 192(FIN) "An Act relating to maintenance of state marine vessels; and providing for an effective date." SB 284 Representative Croft added his name as cross sponsor to: CS FOR SENATE BILL NO. 284(STA) "An Act relating to cruelty to animals." ENGROSSMENT HB 347 CSHB 347(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 350 CSHB 350(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 405 CSHB 405(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/4 The following meeting today has been changed as indicated: Judiciary Committee 1:00 p.m., 5/4 meeting CHANGED TO: Call of the Chair, 5/4 1998-05-04 House Journal Page 3511 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 5, 1998. There being no objection, the House adjourned at 1:58 p.m. Suzi Lowell Chief Clerk