Legislature(1997 - 1998)
1998-05-29 House Journal
Full Journal pdf1998-05-29 House Journal Page 3995 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SPECIAL SESSION Juneau, Alaska Friday May 29, 1998 Fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 8:18 p.m. Roll call showed 34 members present. Representative Berkowitz had been previously excused from a call of the House today. Representatives Kelly, Masek, Mulder, Ogan and Sanders were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Martin. Representative Kubina moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our Daily Offering O God, We offer You today Our lives--and all our cares. Help us in the burdens we bear for the people of Alaska. Our days have been long, and for some the work is hard, Our efforts seem all so awry. We have little time for clear thinking or prayers, And the days pass swiftly by. O God, accept our efforts and work today, We do it all for Your people known as Alaskans. Tis badly done some complain, But the best that we can do today. 1998-05-29 House Journal Page 3996 And You are so kind and gentle, Lord, And our faults You try not to see. Such as it is, our lives renew, We dedicate ourselves to You." The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the second and third legislative days of the First Special Session be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representative Masek was noted. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/29 Minority Caucus upon recess, 5/29 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 8:24 p.m. AFTER RECESS The Speaker called the House back to order at 9:25 p.m. **The presence of Representative Mulder was noted. 1998-05-29 House Journal Page 3997 MESSAGES FROM THE GOVERNOR SB 122 A message dated May 28, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE BILL NO. 122(RLS) "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." Chapter No. 50, SLA 1998 Effective Date: January 1, 1999 SB 221 A message dated May 28, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR 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." Chapter No. 51, SLA 1998 Effective Date: August 26, 1998 SB 269 A message dated May 28, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 269(RLS) "An Act relating to the state plumbing code; and providing for an effective date." Chapter No. 49, SLA 1998 Effective Date: See Chapter 1998-05-29 House Journal Page 3998 REPORTS OF STANDING COMMITTEES HJR 102 The Judiciary 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(JUD) 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 Representative Green, Chair, with the following individual recommendations: Do pass (2): Green, Bunde Do not pass (1): James No recommendation (1): Rokeberg The following fiscal note applies to CSHJR 102(JUD): Zero fiscal note, House Resources Committee/Office of the Governor, 5/28/98 **The presence of Representative Kelly was noted. The Speaker waived the Finance Committee referral at the request of Representative Therriault, Co-chair. HJR 102 is on today's calendar. 1998-05-29 House Journal Page 3999 INTRODUCTION OF CITATIONS The following citations were introduced and taken up later as a Special Order of Business: Honoring - Betty and Abner Nelson By Representative Austerman Honoring - Louie Steamer By Representative Kubina; Senator Lincoln Honoring - Chet Atkins By Representative Cowdery Honoring - David James Deterra By Senators Phillips, Halford Honoring - Dorothy Wallace, GED Hall of Fame Award By Senator Duncan; Representatives Elton, Hudson In Memoriam - Mildred Igluguq Sampson By Representative Joule; Senator Adams **The presence of Representative Sanders was noted. Representative Cowdery moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation, Honoring - Chet Atkins. There being no objection, it was so ordered. **The presence of Representative Ogan was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 102 The following was read the second time: HOUSE JOINT RESOLUTION NO. 102 Proposing amendments to the Constitution of the State of Alaska 1998-05-29 House Journal Page 4000 HJR 102 relating to establishing a preference for subsistence uses of fish and wildlife; and providing for an effective date. with the: Journal Page RES RPT CS(RES) NT 3DP 2DNP 2NR 1AM 3986 ZERO FISCAL NOTE (H.RES/GOV) 3987 JUD RPT CS(JUD) NT 2DP 1DNP 1NR 3998 ZERO FISCAL NOTE (H.RES/GOV) 5/28/98 3998 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. 102(JUD) 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. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHJR 102(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 102(JUD) was read the third time. Representative Kelly placed a call of the House. The Speaker stated that the call was satisfied. The question being: "Shall CSHJR 102(JUD) pass the House?" The roll was taken with the following result: CSHJR 102(JUD) Third Reading Final Passage YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 1998-05-29 House Journal Page 4001 HJR 102 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Kelly, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Nays: Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kubina, Moses, Nicholia, Vezey, Williams Excused: Berkowitz And so, lacking the necessary 27 votes, CSHJR 102(JUD) failed to pass the House. Representative Williams gave notice of reconsideration of his vote on CSHJR 102(JUD)(fld H). 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: Commemorating - The Centennial of the Philippines By Representatives Hudson, Elton, Phillips, Austerman, Barnes, Brice, Bunde, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan Honoring - Ellen Northup By Representatives Hudson, Elton, Phillips, Brice, Croft, Davies, Davis, Dyson, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan Honoring - Specialist David Tillett, Soldier of the Year, Fort Wainwright By Representatives Vezey, Phillips, Austerman, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-05-29 House Journal Page 4002 Honoring - Ruth H. Samsa, The Gallery, Fairbanks Arts Association By Representatives Brice, Phillips, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Ylli Ferati By Representatives Cowdery, Phillips, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kohring, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Wayne Fleek and Brian Rairick By Senator Kelly; Representatives Mulder, Phillips, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kott, Martin, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams Commemorating - The 75th Anniversary of the Red Dog Saloon, the Oldest Man-made Tourist Attraction in Juneau By Senator Duncan; Representatives Elton, Hudson, Phillips, Austerman, Brice, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Genie Chance By Senator Duncan; Representatives Elton, Hudson, Phillips, Barnes, Brice, Bunde, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Mary Lucille Weir By Senator Duncan; Representatives Elton, Hudson, Phillips, Austerman, Brice, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-29 House Journal Page 4003 UNFINISHED BUSINESS HJR 101 Representative Kubina moved and asked unanimous consent that the reconsideration (page 3984) of the following be held one legislative day: HOUSE JOINT RESOLUTION NO. 101 am(fld H) 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. There being no objection, it was so ordered, and HJR 101 am(fld H) will be available for reconsideration on May 30, 1998. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the House approve the citations on the Special Order Citation Calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Betty and Abner Nelson By Representatives Austerman, Phillips, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Louie Steamer By Representatives Kubina, Phillips, Austerman, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Lincoln Honoring - Chet Atkins By Representatives Cowdery, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-29 House Journal Page 4004 Honoring - David James Deterra By Senators Phillips, Halford; Representatives Austerman, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Dorothy Wallace, GED Hall of Fame Award By Senator Duncan; Representatives Elton, Hudson, Phillips, Austerman, Brice, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Mildred Igluguq Sampson By Representatives Joule, Phillips, Austerman, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ryan, Rokeberg, Sanders, Therriault, Vezey, Williams; Senator Adams UNFINISHED BUSINESS SB 1002 The Speaker waived the Resources Committee referral for the following at the request of Representative Ogan, Co-chair: CS FOR SENATE BILL NO. 1002(RES) "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." CSSB 1002(RES) is on today's First Supplemental calendar. CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Porter moved and asked unanimous consent that the House adopt the First Supplemental calendar. There being no objection, the following First Supplemental calendar was adopted: CSSB 1002(RES) 1998-05-29 House Journal Page 4005 SECOND READING OF HOUSE RESOLUTIONS SB 1002 The following was read the second time: CS FOR SENATE BILL NO. 1002(RES) "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." Representative Porter moved and asked unanimous consent that CSSB 1002(RES) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSB 1002(RES) will be in third reading on tomorrow's calendar. ENROLLMENT HJR 57 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 9:55 a.m., May 29, 1998: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 57(STA) Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. HJR 59 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 9:55 a.m., May 29, 1998: 1998-05-29 House Journal Page 4006 HJR 59 HOUSE JOINT RESOLUTION NO. 59 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. HJR 62 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 9:55 a.m., May 29, 1998: CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA) Relating to bringing Balto back to Alaska. HB 16 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 9:55 a.m., May 29, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 16(FIN) "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; providing for the dual sentencing of minors who commit certain felony offenses; relating to violations of municipal ordinances by minors and to civil penalties for violation of municipal ordinances by minors; relating to semi-secure residential child care facilities and secure residential psychiatric treatment centers; relating to programs and shelters for runaways; relating to placement of children in need of aid and delinquent minors in secure residential psychiatric treatment centers; amending the Interstate Compact on Juveniles to which the state is a party; allowing use of hearsay evidence at temporary detention hearings in juvenile delinquency proceedings; and amending Rules 3, 10(c), 21, and 27 and repealing Rules 6 and 7, Alaska Delinquency Rules; and providing for an effective date." 1998-05-29 House Journal Page 4007 HB 206 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 9:55 a.m., May 29, 1998: CS FOR HOUSE BILL NO. 206(FIN) am "An Act relating to credit under the Public Employees' Retirement System for service as a village public safety officer." HB 386 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 9:55 a.m., May 29, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 386(FIN) am S "An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; and providing for an effective date." The following memorandum, dated May 21, 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 SCS CSHB 386(FIN) am S that has been corrected in enrolling: Page 5, line 17 Delete "subparagraph" Insert "paragraph" HB 451 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 9:55 a.m., May 29, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 451(RLS) "An Act relating to assistive technology devices and mobility aids for physically disabled persons." 1998-05-29 House Journal Page 4008 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/29 Minority Caucus upon adj., 5/29 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 1:00 p.m., May 30, 1998. There being no objection, the House adjourned at 10:39 p.m. Suzi Lowell Chief Clerk