Legislature(1997 - 1998)
1998-05-28 House Journal
Full Journal pdf1998-05-28 House Journal Page 3977 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SPECIAL SESSION Juneau, Alaska Thursday May 28, 1998 Third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:16 a.m. Roll call showed 35 members present. Representatives Barnes, Brice, Masek and Sanders were absent and their presence was noted later. Representative Davies was excused until 9:30 a.m., plane time, (page 3970) and his presence was noted later. The invocation was offered by the Chaplain, Kathleen Wakefield of St. Brendan's Episcopal Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray, God of all, we thank You for the gift of another lovely day. O Heavenly Father, who has filled the world with beauty: Open our eyes to behold Your gracious hand in all Your works; that, rejoicing in Your whole creation, we may learn to serve You with gladness. Grant that the bonds of our common humanity, by which all Your children are united one to another, and the living to the dead, may be transformed by Your grace, that Your will may be done on earth as it is in heaven. Amen." The Pledge of Allegiance was led by Representative Kubina. 1998-05-28 House Journal Page 3978 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 120th and 121st legislative days, House Journal Supplement No. 13, and the journal for the first day of the First Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated May 27, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 1002 CS FOR SENATE BILL NO. 1002(RES) by the Senate Resources Committee, entitled: "An Act providing for the repeal of the termination date of the current law regarding subsistence use of fish and game; repealing the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date." was read the first time and referred to the Resources Committee. REPORTS OF STANDING COMMITTEES HJR 101 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 101 Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. The report was signed by Representatives Hudson and Ogan, Co- chairs, with the following individual recommendations: 1998-05-28 House Journal Page 3979 HJR 101 Do pass (4): Williams, Joule, Green, Nicholia Do not pass (3): Masek, Barnes, Ogan No recommendation (1): Hudson The following fiscal notes apply: Zero fiscal note, Office of the Governor, 5/28/98 Zero fiscal note, Dept. of Law, 5/26/98 HJR 101 was referred to the Judiciary Committee. **The presence of Representative Sanders was noted. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/28 Minority Caucus upon recess, 5/28 The following meeting today has been changed as indicated: Judiciary Committee following Majority Caucus, 5/28 **The presence of Representatives Barnes, Masek and Brice was noted. Representative Porter moved and asked unanimous consent that the House recess until 10:50 a.m. There being no objection, the House recessed at 10:28 a.m. AFTER RECESS The Speaker called the House back to order at 11:10 a.m. 1998-05-28 House Journal Page 3980 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - The Centennial of the Philippines By Representatives Hudson, Elton; Senator Duncan Honoring - Ellen Northup By Representatives Hudson, Elton; Senator Duncan Honoring - Specialist David Tillett, Soldier of the Year, Fort Wainwright By Representative Vezey Honoring - Ruth H. Samsa, The Gallery, Fairbanks Arts Association By Representative Brice Honoring - Ylli Ferati By Representative Cowdery Honoring - Wayne Fleek and Brian Rairick By Senator Kelly; Representative Mulder Commemorating - The 75th Anniversary of the Red Dog Saloon, The Oldest Man-Made Tourist Attraction in Juneau By Senator Duncan; Representatives Elton, Hudson In Memoriam - Genie Chance By Senator Duncan; Representatives Elton, Hudson In Memoriam - Mary Lucille Weir By Senator Duncan; Representatives Elton, Hudson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 102 HOUSE JOINT RESOLUTION NO. 102 by the House Resources Committee: 1998-05-28 House Journal Page 3981 HJR 102 Proposing amendments to the Constitution of the State of Alaska relating to establishing a preference for subsistence uses of fish and wildlife; and providing for an effective date. was read the first time and referred to the Resources, Judiciary and Finance Committees. UNFINISHED BUSINESS HJR 101 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Green, Chair: HOUSE JOINT RESOLUTION NO. 101 Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. HJR 101 was removed from the Judiciary Committee and referred to the Finance Committee. The Speaker waived the Finance Committee referral on HJR 101 at the request of Representative Therriault, Co-chair. HJR 101 is on today's First Supplemental calendar. CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Porter moved and asked unanimous consent that the House adopted the First Supplemental calendar. There being no objection, the following First Supplemental calendar was adopted: HJR 101 1998-05-28 House Journal Page 3982 SECOND READING OF HOUSE RESOLUTIONS HJR 101 The following was read the second time: HOUSE JOINT RESOLUTION NO. 101 Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence; and providing for an effective date. with the: Journal Page RES RPT 4DP 3DNP 1NR 3978 ZERO FISCAL NOTE (GOV) 3979 ZERO FISCAL NOTE (LAW) 5/26/98 3979 Amendment No. 1 was offered by Representative Kubina: Page 1, line 1 (title amendment): Delete "an amendment" Insert "amendments" Page 1, line 3, following "residence" (title amendment): Insert "and providing for the repeal of that authorization" Page 1, following line 9: Insert a new resolution section to read: "*Sec. 2. Article XV, Constitution of the State of Alaska, is amended by adding a new section to read: Section 29. Repeal of Amendment. The 1998 amendment regarding subsistence (art. VIII, sec. 19) is repealed 180 days after the date of a final non-appealable judgement or order by a federal court deciding that the rural subsistence priority in 16 U.S.C. 3114 (Sec. 804, Alaska National Interest Lands Conservation Act, P.L. 96-487, as amended by P.L. 105-83) violates the United States Constitution. In this section, "final, non- appealable judgment or order" means a judgment or order that 1998-05-28 House Journal Page 3983 HJR 101 cannot be appealed because all possible appeals, including a petition for certiorari to the United States Supreme Court, have been taken or the time for taking an appeal has expired without appeal." Page 1, line 10: Delete "amendment" Insert "amendments" Page 1, line 13: Delete "amendment" Insert "amendments" Page 1, line 14: Delete "takes" Insert "take" Representative Kubina moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. **The presence of Representative Davies was noted. Representative Kubina placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HJR 101 Second Reading Amendment No. 1 YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams 1998-05-28 House Journal Page 3984 HJR 101 Nays: Barnes, Cowdery, Dyson, Hanley, James, Kelly, Kohring, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey Bunde changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted and the new title appears below: HOUSE JOINT RESOLUTION NO. 101 am Proposing amendments to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence and providing for the repeal of that authorization; and providing for an effective date. Representative Porter moved and asked unanimous consent that HJR 101 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 101 am was read the third time. The question being: "Shall HJR 101 am pass the House?" The roll was taken with the following result: HJR 101 am Third Reading Final Passage YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Phillips, Porter, Williams Nays: Barnes, Bunde, Cowdery, Dyson, Green, Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey And so, lacking the necessary 27 votes, HJR 101 am failed to pass the House. Representative Porter gave notice of reconsideration of his vote on HJR 101 am(fld H). 1998-05-28 House Journal Page 3985 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 Berkowitz - from 2:53 p.m., plane time, May 28 to 12:47 p.m., plane time, May 30, 1998 ANNOUNCEMENTS Resources & Judiciary Committees Joint Meeting HJR 102 House Finance 519 2:30 p.m., 5/28 Representative Porter moved and asked unanimous consent that the House recess to a call of the Chair. There being no objection, the House recessed at 1:55 p.m. AFTER RECESS The Speaker called the House back to order at 7:19 p.m. A second quorum call showed 23 members present. Representative Berkowitz, who had been previously excused from a call of the House today, was present. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation, Honoring - Representative Eugene "Gene" Kubina, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. 1998-05-28 House Journal Page 3986 Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Representative Eugene "Gene" Kubina By Senator Lincoln; Representatives Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams REPORTS OF STANDING COMMITTEES Representative Porter moved and asked unanimous consent that the House revert to Reports of Standing Committees. There being no objection, it was so ordered. HJR 102 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 102 Proposing amendments to the Constitution of the State of Alaska relating to establishing a preference for subsistence uses of fish and wildlife; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 102(RES) Proposing amendments to the Constitution of the State of Alaska relating to a preference for subsistence uses of fish and wildlife; and providing for an effective date and repeal of the subsistence amendments. The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (3): Green, Hudson, Barnes Do not pass (2): Joule, Nicholia 1998-05-28 House Journal Page 3987 HJR 102 No recommendation (2): Ogan, Masek Amend (1): Dyson The following fiscal note applies to CSHJR 102(RES): Zero fiscal note, House Resources Committee/Office of the Governor, 5/28/98 HJR 102 was referred to the Judiciary Committee. ENROLLMENT HCR 35 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 10:00 a.m., May 28, 1998: CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(STA) Establishing a Joint Task Force on the Census and Redistricting. HJR 44 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 10:00 a.m., May 28, 1998: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(JUD) Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature. HJR 56 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 10:00 a.m., May 28, 1998: 1998-05-28 House Journal Page 3988 HJR 56 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(CRA) Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. HB 73 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 10:00 a.m., May 28, 1998: HOUSE BILL NO. 73 "An Act extending the termination dates of the salmon marketing programs of the Alaska Seafood Marketing Institute and the salmon marketing assessment; and providing for an effective date." HB 239 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 10:00 a.m., May 28, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) "An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date." HB 285 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 11:05 a.m., May 27, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) am S "An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date." 1998-05-28 House Journal Page 3989 HB 315 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 10:00 a.m., May 28, 1998: 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." HB 375 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 11:05 a.m., May 27, 1998: SENATE CS FOR 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 kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to modification of child support orders by the child support enforcement agency; relating to access to, confidentiality of, and release of certain information concerning 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; 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 and foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules." 1998-05-28 House Journal Page 3990 HB 375 The following memorandum, dated May 19, 1998, was received from Jill Bryson, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest errors in SCS CSHB 375(JUD) that have been corrected in enrolling: Page 3, line 17: Delete "¦ORá" Page 3, line 21: Delete "or" Insert "or" Page 10, line 28: Delete "is" Insert "its" Page 13, line 22: Delete "rights" Insert "right"" HB 383 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 11:05 a.m., May 27, 1998: CS FOR HOUSE BILL NO. 383(JUD) "An Act relating to expected deaths that occur at home." HB 393 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 11:05 a.m., May 27, 1998: 1998-05-28 House Journal Page 3991 HB 393 SENATE CS FOR CS FOR HOUSE BILL NO. 393(FIN) "An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in the contracts of terms making certain adjustments regarding royalty value and the timing and notice of the state's right to take royalty in kind or in value from projects to develop stranded gas resources in the state; relating to the effect of the contracts on municipal taxation; and providing for an effective date." HB 473 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 11:05 a.m., May 27, 1998: CS FOR HOUSE BILL NO. 473(FIN) "An Act relating to training and certification of fire services personnel; relating to certification of fire services training programs; and providing for an effective date." The following memorandum, dated May 19, 1998, was received from Jill Bryson, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest error in CSHB 473(FIN) that has been corrected in enrolling: Page 4, line 18: Delete "the section" Insert "this section"" HB 481 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 10:00 a.m., May 28, 1998: 1998-05-28 House Journal Page 3992 HB 481 CS FOR HOUSE BILL NO. 481(STA) "An Act relating to application for and payment of permanent fund dividends of certain deceased individuals; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 29, 1998. There being no objection, the House adjourned at 7:31 p.m. Suzi Lowell Chief Clerk