Legislature(1997 - 1998)
1997-05-10 House Journal
Full Journal pdf1997-05-10 House Journal Page 1795 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday May 10, 1997 One Hundred Eighteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 1:21 p.m. Roll call showed 34 members present. Representatives Barnes, Croft, Kubina, Sanders, Therriault and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Ogan. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: This prayer was offered before the Alaska State Legislature House of Representatives on April 11, 1995: 'In this world of thirty second TV spots, public opinion polls and spin doctors, it is often said of politics that "perception is everything." However, Your Word states that if we do what is right, with good motives, that You, our Heavenly Father, who sees in secret will reward us openly. To You, Lord, perception is NOT everything. So, since it is clear that You are more concerned with substance and reality, we pray that You will help us to be people of integrity and conviction -- both on and off the record.' --The Reverend Wayne Coggins 1997-05-10 House Journal Page 1796 The Pledge of Allegiance was led by Representative Kemplen. MESSAGES FROM THE GOVERNOR HB 58 A letter dated May 9, 1997, 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: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 58(RLS) am S "An Act relating to civil actions; relating to independent counsel provided under an insurance policy; relating to attorney fees; amending Rules 16.1, 26, 41, 49, 58, 68, 72.1, 82, and 95, Alaska Rules of Civil Procedure; amending Rules 1 and 4, District Court Rules of Civil Procedure; amending Rule 702, Alaska Rules of Evidence; and amending Rule 511, Alaska Rules of Appellate Procedure." Chapter No. 26, SLA 1997 Effective Date: August 7, 1997 The letter further stated: "This bill represents a realistic compromise on the important issue of civil justice reform for Alaskans. I sign it into law with the belief it protects an individuals right to fair compensation while also making more friendly Alaskas business environment. I believe good tort reform makes the civil justice system more efficient, provides for fair, but not excessive compensation for injury, provides for reasonable punitive damage awards sufficient to deter dangerous and bad conduct that harms innocent Alaskans, and tries to favorably affect the costs to Alaskans purchasing liability insurance. Although it is impossible to accurately predict whether this bill will accomplish all these goals, it does provide for the necessary collection of data on both civil litigation and liability rates that will allow for critical assessment of whether tort reform really has an impact on Alaskans. 1997-05-10 House Journal Page 1797 HB 58 I am pleased many parts of this bill had their genesis in the work of the Governors Task Force on Civil Justice Reform which worked so diligently during the fall of 1996. The work of the task force demonstrates how sensible tort reform, grounded in good public policy, can make reasonable and fair changes to the civil justice system. Some Alaskans have asked what impact, if any, this bill has on the Exxon Valdez case. The Legislature made efforts in hearings and in the bill itself, to make clear this new law is not intended to affect any litigation arising out of the Exxon Valdez oil spill. This is expressly stated in the intent language of the bill. Without these assurances, I would not have permitted this bill to become law. I plan to monitor the implementation of this law with the expectation it will serve to increase efficiency and access by Alaskans to the civil justice system. Sincerely, /s/ Tony Knowles Governor" SB 41 The following letter, dated May 9, 1997, was received at 9:10 p.m.: "Dear Speaker Phillips: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) "An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations." The partnership this Administration has formed with Alaska industry is a source of much pride and benefit to the state. These partnerships have led directly to the creation of new jobs for Alaskans, new state revenues and a generally stronger economy. Another less publicized 1997-05-10 House Journal Page 1798 SB 41 yet equally important benefit of these partnerships to Alaskas future is the improved environmental protections we have put in place. As a result of various actions by my Administration, our industry partners are operating in a way that better protects Alaskas environment. I am committed to the use of additional incentives to further improve our industries already good record. Environmental self-audits and prompt correction of the environmental problems identified in those audits are part of doing development right. I endorse appropriate incentives to promote the use of environmental audits. One of the incentives in the bill I support is not penalizing corporations when they report environmental violations uncovered in an audit and promptly correct them. This is current Department of Environmental Conservation practice. I cannot, however, in good conscience, support an incentive which allows information regarding environmental practices that could lead to releases of toxic substances into the air or water to be kept confidential and withheld from the public. Our partnership with the industry and the public is based on being open and accountable to the public. I cannot support legislation that creates a perception of secrecy and risks undermining public trust in those partnerships. This bill started out with considerable problems. It gave immunity from criminal violations and occupational safety and health violations, it kept confidential the entire audit report, and it did not require companies to promptly discontinue or correct violations found. I appreciate the Legislatures cooperation in adding, at the suggestion of the Departments of Environmental Conservation and Law, measures to prevent abuse of the bills confidentiality and immunity provisions. However, preventing abuses does not correct the underlying flaw in this bill--allowing information regarding environmental practices to remain confidential. Under DECs current policies, companies conducting environmental audits and making plans for prompt corrective action will not face 1997-05-10 House Journal Page 1799 SB 41 enforcement actions. Several businesses in Alaska already conduct audits of their environmental practices. None of these audits have been used against a company, either by a government agency or in a private lawsuit. In addition, existing law already establishes a number of ways a company can maintain confidentiality when appropriate. Alaska businesses have told the Department of Environmental Conservation what the best incentives are to encourage operators to actively review their compliance with environmental rules. They include tax credits or small technology grants, expedited permitting, increased operating flexibility, multi-media or systems-level inspections, reduced inspection frequency, and a reduction in penalties along the lines of the Department of Environmental Conservations current policy. Confidentiality of audit information was not one of the main incentives suggested. I have directed the Department of Environmental Conservation to continue to develop incentives and policies that reward individual and corporate responsibility. I am confident we can provide that encouragement without harming public confidence in our shared goal of proving that, in Alaska, we do development right. For these reasons, I have vetoed HCS CSSB 41 (JUD). Sincerely, /s/ Tony Knowles Governor" SB 136 The following letter, dated May 9, 1997, was received at 9:10 p.m.: "Dear Speaker Phillips: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: 1997-05-10 House Journal Page 1800 SB 136 HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) "An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills." This bill contains provisions that would control or limit the budgeting power given exclusively to the governor in art. IX, sec. 12 of the Alaska Constitution. Among other restrictions, this bill does not allow the governor to make any changes in the proposed budget between December, when it is first presented, and January, when it is actually introduced to the legislature, despite any new information that requires changes. No branch of government should be limited in making changes to a proposed budget based on the best information available. Such a restriction denying the ability to respond to pertinent budget information is simply bad public policy. For these reasons I have vetoed SB 136. Sincerely, /s/ Tony Knowles Governor" **The presence of Representative Croft was noted. MESSAGES FROM THE SENATE SB 55 A message dated May 9, 1997, was read stating the Senate has concurred in the House amendment to CSSB 55(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) "An Act relating to the definition of certain state receipts, to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date." 1997-05-10 House Journal Page 1801 FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 10, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 114 CS FOR SENATE BILL NO. 114(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes." was read the first time and referred to the Judiciary and Finance Committees. REPORTS OF STANDING COMMITTEES SCR 16 The Rules Committee has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 16(RLS) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Porter, Williams, Kott, Phillips Do not pass (1): Elton 1997-05-10 House Journal Page 1802 SCR 16 The following fiscal note applies to HCS CSSCR 16(RLS): Senate zero fiscal note, Senate Finance Committee, 5/8/97 CSSCR 16(FIN) is on today's calendar. SB 34 The Finance Committee has considered: CS FOR SENATE BILL NO. 34(FIN) "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Mulder, Kohring, Moses, Davis, Kelly, Foster No recommendation (3): Therriault, Martin, Davies The following fiscal notes apply: Senate fiscal note, Dept. of Revenue, 4/25/97 Senate zero fiscal note, Dept. of Administration, 3/11/97 Senate zero fiscal note, Dept. of Transportation & Public Facilities, 3/21/97 CSSB 34(FIN) is on today's calendar. SB 154 The Finance Committee has considered: 1997-05-10 House Journal Page 1803 SB 154 CS FOR SENATE BILL NO. 154(FIN) am "An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July 1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether 1997-05-10 House Journal Page 1804 SB 154 a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (2): Mulder, Foster Do not pass (1): Kohring No recommendation (7): Therriault, Martin, Davies, Grussendorf, Moses, Davis, Kelly The following fiscal notes apply: Indeterminate fiscal note, Alaska Court System, 5/10/97 Senate zero fiscal notes (3), Dept. of Health & Social Services, 4/29/97 Senate zero fiscal note, Dept. of Administration, 4/29/97 Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/29/97 1997-05-10 House Journal Page 1805 SB 154 Senate zero fiscal note, Dept. of Revenue, 4/29/97 CSSB 154(FIN) am is on today's calendar. **The presence of Representative Barnes was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Commemoration of the Chiropractic Professions One Hundredth Anniversary By Representative Phillips Honoring - Teresa Germain By Representatives Elton, Hudson, Kookesh; Senator Duncan Honoring - 1997 Women of Distinction, Martha Harrel, Brenda Holden, Effie Kokrine, Ann Secrest By Representative Davies Honoring - Alan W. Heinrich, Educator, Teacher, Principal By Representative Kookesh; Senator Mackie Honoring- Thomas A. Kroeck, Educator, Teacher By Representative Kookesh; Senator Mackie Honoring - Kathleen Pardee-Jones, Educator, Teacher By Representative Kookesh; Senator Mackie Honoring - Terry L. Friske, Educator and Teacher in Alaska By Representative Kookesh; Senator Mackie Honoring - Colony High Boys Cross-Country Ski Team, 1997 Alaska State 4-A Champions By Representative Ogan 1997-05-10 House Journal Page 1806 Honoring - Marie Angaiak, BP Teacher of Excellence By Representative Davies Honoring - Adam Kenneth Ake By Representative Porter Honoring - Charlie Parr By Representative Davies Recognizing - Memorial Day 1997 By Senator Leman Honoring- Rod Hill By Senator Kelly In Memoriam - Kimberly Price By Representative Berkowitz In Memoriam - Sandra Jean Gobroski Representative Rokeberg In Memoriam - John Gerard Costello, 1925-1997 By Representative Rokeberg INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 41 HOUSE JOINT RESOLUTION NO. 41 by Representative Green: Supporting an exemption from the Jones Act for the shipment of bulk commodities produced in Alaska. was read the first time and referred to the Transportation Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 282 HOUSE BILL NO. 282 by Representative Kohring, entitled: 1997-05-10 House Journal Page 1807 HB 282 An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and amending the purposes for which grants may be made from the legal assistance and juvenile justice grant fund in order to provide financial assistance for the operation of youth courts. was read the first time and referred to the Judiciary and Finance Committees. HB 283 HOUSE BILL NO. 283 by Representative Kohring, entitled: An Act relating to an exemption from the sport fishing license requirement for blind residents. was read the first time and referred to the House Special Committee on Fisheries and the Finance Committee. HB 284 HOUSE BILL NO. 284 by Representative Hodgins, entitled: An Act relating to infestations and diseases of timber. was read the first time and referred to the Resources Committee. HB 285 HOUSE BILL NO. 285 by Representative Ivan, entitled: "An Act relating to suspension or revocation of commercial fishing permits and privileges." was read the first time and referred to the Resources and Judiciary Committees. **The presence of Representatives Sanders and Williams was noted. 1997-05-10 House Journal Page 1808 RECONSIDERATION SB 13 Representative Porter brought up reconsideration of the vote on HCS CSSB 13(HES) (page 1781). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) "An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date." **The presence of Representative Kubina was noted. Representative Porter placed a call of the House. **The presence of Representative Therriault was noted. The call was satisfied. The question to be reconsidered: "Shall HCS CSSB 13(HES) pass the House?" The roll was taken with the following result: HCS CSSB 13(HES)--RECONSIDERATION Third Reading Final Passage YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Nicholia, Porter, Rokeberg, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Ryan, Sanders, Vezey And so, HCS CSSB 13(HES) passed the House on reconsideration. 1997-05-10 House Journal Page 1809 SB 13 Representative Porter moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 13(HES)--RECONSIDERATION Third Reading Effective Date YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Moses, Mulder, Nicholia, Porter, Rokeberg, Therriault, Vezey, Williams Nays: Barnes, Brice, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Martin, Masek, Ogan, Phillips, Ryan, Sanders And so, lacking the necessary 27 votes, the effective date clause was not adopted. Rescinding action on failing to pass the effective date was taken up later. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 116 The following was read the second time: HOUSE BILL NO. 116 "An Act relating to workers' compensation self-insurance." with the: Journal Page L&C RPT CS(L&C) 1DP 2NR 1AM 1339 2 FISCAL NOTES (DCED, LABOR) 1340 FIN RPT CS(FIN) 3DP 3NR 2AM 1596 2 FISCAL NOTES (DCED, LABOR) 4/25/97 1597 1997-05-10 House Journal Page 1810 HB 116 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. 116(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB116(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 116(FIN) will be in third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 3 The following was read the second time: CS FOR SENATE BILL NO. 3(JUD) "An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance." with the: Journal Page JUD RPT 3DP 4NR 1600 INDETERMINATE FISCAL NOTE (ADM) 1600 SEN INDETERMINATE FN (DHSS 2/21/97 1600 SEN INDETERMINATE FN (ADM) 2/21/97 1600 SEN FISCAL NOTE (COURT) 2/21/97 1600 SENATE ZERO FISCAL NOTE (DPS) 2/21/97 1600 FIN RPT 7DP 2NR 1694 SENATE FISCAL NOTE (COURT) 2/21/97 1695 SENATE INDETERMINATE FN (DHSS) 2/21/97 1695 INDETERMINATE FISCAL NOTE (ADM) 5/7/97 1695 SENATE ZERO FISCAL NOTE (DPS) 2/21/97 1695 1997-05-10 House Journal Page 1811 SB 3 Representative Porter moved and asked unanimous consent that CSSB3(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 3(JUD) was read the third time. The question being: "Shall CSSB 3(JUD) pass the House?" The roll was taken with the following result: CSSB 3(JUD) Third Reading Final Passage YEAS: 25 NAYS: 3 EXCUSED: 0 ABSENT: 12 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Kelly, Kemplen, Kubina, Martin, Ogan, Phillips, Rokeberg, Williams Nays: Moses, Porter, Vezey Absent: Barnes, Hodgins, Joule, Kohring, Kookesh, Kott, Masek, Mulder, Nicholia, Ryan, Sanders, Therriault And so, CSSB 3(JUD) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 21 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 21(FIN) "An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; and providing for an effective date." SB 34 The following was read the second time: 1997-05-10 House Journal Page 1812 SB 34 CS FOR SENATE BILL NO. 34(FIN) "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000." with the: Journal Page FIN RPT 6DP 3NR 1802 SENATE FISCAL NOTE (REV) 4/25/97 1802 SENATE ZERO FISCAL NOTE (ADM) 3/11/97 1802 SENATE ZERO FISCAL NOTE (DOT) 3/21/97 1802 Representative Porter moved and asked unanimous consent that CSSB 34(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 34(FIN) was read the third time. The question being: "Shall CSSB 34(FIN) pass the House?" The roll was taken with the following result: CSSB 34(FIN) Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Cowdery, 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, Phillips, Porter, Rokeberg, Ryan, Vezey, Williams Nays: Barnes, Sanders Absent: Bunde, Therriault And so, CSSB 34(FIN) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 1997-05-10 House Journal Page 1813 SB 39 The following was read the second time: CS FOR SENATE BILL NO. 39(JUD) "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste." with the: Journal Page JUD RPT HCS(JUD) 1DP 5NR 1493 SENATE FISCAL NOTE (DPS) 2/6/97 1493 2 SEN ZERO FNS (DOE, LAW) 2/6/97 1493 SENATE ZERO FN (DEC) 2/17/97 1493 FIN REFERRAL WAIVED 1701 The Rules Committee submitted the following fiscal note: Zero fiscal note, Dept. of Environmental Conservation, 5/10/97 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. 39(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kubina: Delete Sections 2, 3, 7 and 8. Representative Kubina moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1997-05-10 House Journal Page 1814 SB 39 HCS CSSB 39(JUD) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, James, Joule, Kemplen, Kookesh, Kubina, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Absent: Hanley And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that HCSCSSB 39(JUD) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 39(JUD) will be in third reading on tomorrow's calendar. SB 107 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 107(FIN) am "An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; and providing for an effective date." SB 149 The following was read the second time: 1997-05-10 House Journal Page 1815 SB 149 SENATE BILL NO. 149 "An Act relating to reports and audits concerning health care facilities; and providing for an effective date." with the: Journal Page HES RPT 5DP 2NR 1604 SENATE ZERO FISCAL NOTE (DHSS) 4/4/97 1605 FIN RPT 6DP 1653 SENATE ZERO FISCAL NOTE (DHSS) 4/4/97 1654 Representative Porter moved and asked unanimous consent that SB149 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 149 was read the third time. The question being: "Shall SB 149 pass the House?" The roll was taken with the following result: SB 149 Third Reading Final Passage YEAS: 38 NAYS: 0 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, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hanley, Martin And so, SB 149 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 149 was signed by the Speaker and Chief Clerk and returned to the Senate. 1997-05-10 House Journal Page 1816 SB 150 The following was read the second time: CS FOR SENATE BILL NO. 150(RLS) am "An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system." with the: Journal Page FIN RPT HCS(FIN) 3DP 3NR 1654 SEN ZERO FN (S.STA/ALL DEPT'S) 4/4/97 1654 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. 150(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCSCSSB 150(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 150(FIN) will be in third reading on tomorrow's calendar. SB 151 The Speaker stated that, without objection, the following, which had been held over from the May 9, 1997, calendar (page 1773), would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 151(FIN) am "An Act relating to public employment labor relations; relating to the protection of the rights of public employees under the Public Employment Relations Act; establishing ethical standards for union representatives of public employees; and establishing disclosure requirements for public employee labor organizations." 1997-05-10 House Journal Page 1817 SB 154 The following was read the second time: CS FOR SENATE BILL NO. 154(FIN) am "An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July 1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency ectronically or in the manner provided for service of 1997-05-10 House Journal Page 1818 SB 154 liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date." with the: Journal Page FIN RPT 2DP 1DNP 7NR 1804 INDETERMINATE FISCAL NOTE (COURT) 1804 3 SEN ZERO FNS (DHSS) 4/29/97 1804 Representative Porter moved and asked unanimous consent that CSSB154(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 154(FIN) am was read the third time. The question being: "Shall CSSB 154(FIN) am pass the House?" The roll was taken with the following result: 1997-05-10 House Journal Page 1819 SB 154 CSSB 154(FIN) am Third Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kubina, Martin, Mulder, Nicholia, Phillips, Porter, Therriault, Williams Nays: Austerman, Barnes, Dyson, James, Kelly, Kemplen, Kohring, Kookesh, Kott, Masek, Ogan, Rokeberg, Ryan, Sanders, Vezey Absent: Moses And so, CSSB 154(FIN) am passed the House. Representative Porter moved the court rule changes. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: CSSB 154(FIN) am Third Reading Court Rule YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams Nays: Barnes, Dyson, James, Kemplen, Kohring, Masek, Ogan, Ryan, Sanders Absent: Moses And so, the court rule changes were adopted. 1997-05-10 House Journal Page 1820 SB 154 Representative Porter moved and asked unanimous consent that the roll call on the court rule changes be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Ryan gave notice of reconsideration of his vote on CSSB 154(FIN) am. The Speaker stated that, without objection, the House would recess to 5:30 p.m.; and so, the House recessed at 4:08 p.m. AFTER RECESS The Speaker called the House back to order at 5:32 p.m. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/10 The Speaker stated that the House would recess for a Majority Caucus; and so, the House recessed at 5:33 p.m. AFTER RECESS The Speaker called the House back to order at 8:21 p.m. A second quorum call showed 23 members present. THIRD READING OF SENATE BILLS SB 7 The following, which was advanced to third reading from the May 9, 1997, calendar (page 1751), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) "An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date." The question being: "Shall HCS CSSB 7(FIN) pass the House?" The roll was taken with the following result: 1997-05-10 House Journal Page 1821 SB 7 HCS CSSB 7(FIN) Third Reading Final Passage YEAS: 31 NAYS: 4 EXCUSED: 0 ABSENT: 5 Yeas: Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Vezey, Williams Nays: Austerman, Davies, Hodgins, Kubina Absent: Hanley, Moses, Ogan, Sanders, Therriault And so, HCS CSSB 7(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. Representative Kubina later gave notice of reconsideration of his vote on HCS CSSB 7(FIN) and the reconsideration was taken up then. SB 70 The following, which was advanced to third reading from the May 9, 1997, calendar (page 1760), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) am H "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." The question being: "Shall HCS CSSB 70(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 70(FIN) am H Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 1997-05-10 House Journal Page 1822 SB 70 Yeas: Austerman, Barnes, Berkowitz, Brice, 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, Vezey, Williams Absent: Hanley, Moses, Therriault And so, HCS CSSB 70(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 13 Representative Porter moved and asked unanimous consent that the House rescind previous action (page 1809) in failing to adopt the effective date clause on the following: HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) "An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date." There being no objection, it was so ordered. Representative Porter moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 13(HES)--RECONSIDERATION Third Reading Effective Date YEAS: 33 NAYS: 3 EXCUSED: 0 ABSENT: 4 1997-05-10 House Journal Page 1823 SB 13 Yeas: Austerman, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Vezey, Williams Nays: Brice, Martin, Ryan Absent: Barnes, Hanley, Sanders, Therriault And so, the effective date clause was adopted. THIRD READING OF SENATE BILLS (Continued) SB 141 The following, which was advanced to third reading from the May 9, 1997, calendar (page 1773), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) am H "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." The question being: "Shall HCS CSSB 141(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Berkowitz, Davies, Elton, Grussendorf, Joule, Kookesh, Kubina Absent: Barnes, Hanley, Moses, Therriault 1997-05-10 House Journal Page 1824 SB 141 And so, HCS CSSB 141(FIN) am H passed the House. Representative James gave notice of reconsideration of her vote on HCS CSSB 141(FIN) am H. RECONSIDERATION SB 141 Representative James moved and asked unanimous consent that the reconsideration of HCS CSSB 141(FIN) am H be taken up on the same day. There being no objection, it was so ordered. HCS CSSB 141(FIN) am H was again before the House in third reading. The question to be reconsidered: "Shall HCS CSSB 141(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 141(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Davies, Elton, Joule, Kookesh, Kubina, Moses, Nicholia Absent: Hanley And so, HCS CSSB 141(FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 30 The following was read the second time: 1997-05-10 House Journal Page 1825 SJR 30 SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30 Relating to the defense of Alaska from offensive nuclear attack. with the: Journal Page MLV RPT 6DP 1NR 1697 SENATE ZERO FN (S.JUD) 5/2/97 1697 Representative Porter moved and asked unanimous consent that SSSJR30 be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that SSSJR 30 will be in third reading on tomorrow's calendar. SCR 15 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 15 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 152, relating to hospice care. The question being: "Shall SCR 15 pass the House?" The roll was taken with the following result: SCR 15 Second Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1997-05-10 House Journal Page 1826 SCR 15 Nays: Davies Absent: Hanley, Sanders And so, SCR 15 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SCR 16 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. with the: Journal Page RLS RPT HCS(RLS) 4DP 1DNP 1801 SENATE ZERO FN (S.FIN) 5/8/97 1802 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO.16(RLS) (same title) There being no objection, it was so ordered. Representative Davies placed a call of the House. Amendment No. 1 was offered by Representative Kemplen: Page 2, lines 21-23: Delete all material Representative Kemplen moved and asked unanimous consent that Amendment No. 1 be adopted. 1997-05-10 House Journal Page 1827 SCR 16 Representative Porter objected. Representative Davies lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSCR 16(RLS) Second Reading Amendment No. 1 YEAS: 10 NAYS: 24 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Hudson, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Foster, Grussendorf, Hanley, Ivan, Joule, Moses And so, Amendment No. 1 was not adopted. Representative Therriault placed a call of the House and lifted the call. The question being: "Shall HCS CSSCR 16(RLS) pass the House?" The roll was taken with the following result: HCS CSSCR 16(RLS) Second Reading Final Passage YEAS: 21 NAYS: 13 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Ivan, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kelly, Kemplen, Kookesh, Kubina, Nicholia 1997-05-10 House Journal Page 1828 SCR 16 Absent: Barnes, Hanley, James, Masek, Moses, Sanders And so, HCS CSSCR 16(RLS) passed the House. Representative Kelly gave notice of reconsideration of his vote on HCS CSSCR 16(RLS). THIRD READING OF HOUSE RESOLUTIONS HJR 39 The following, which was advanced to third reading from the May 9, 1997, calendar (page 1781), was read the third time: HOUSE JOINT RESOLUTION NO. 39 Urging the United States Congress to enact legislation that prohibits the President of the United States from extending or establishing national monuments without the express authorization of the Congress. The question being: "Shall HJR 39 pass the House?" The roll was taken with the following result: HJR 39 Third Reading Final Passage YEAS: 32 NAYS: 2 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Croft, Nicholia Absent: Barnes, Hanley, James, Masek, Moses, Sanders And so, HJR 39 passed the House. Representative Croft gave notice of reconsideration of his vote on HJR39. 1997-05-10 House Journal Page 1829 LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Chery Lin and Melinda M. Wilcox By Representatives James, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley, Ivan, Joule, Kelly, Kott, Kubina, Mulder, Nicholia, Ogan, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Jamie Nicole Bratten, Record Setting Swimmer By Representatives Kelly, Kott, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Green, Grussendorf, James, Joule, Kohring, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Syun-Ichi Akasofu, University of Alaska Foundation, Edith R. Bullock Prize for Excellence By Representatives Davies, Phillips, Berkowitz, Brice, Bunde, Croft, Elton, Green, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Wilken Honoring - American Legion Alaska Boys' State Program, Karl "Bill" Caswell and Susan Caswell By Representatives Ogan, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, Hanley, Hodgins, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Colony High Boys' Cross-Country Running Team, 1996 Alaska State 4-A Champions By Representatives Ogan, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-05-10 House Journal Page 1830 Honoring - Colony High Girls' Cross-Country Running Team, 1996 Alaska State 4-A Champions By Representatives Ogan, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Andrew Vanderjack and Nick Polasky, Eagle Scouts By Representatives Elton, Hudson, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Green, Grussendorf, Hanley, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Duncan Honoring - John Butrovich By Senator Miller; Representatives, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Ed Slater By Senator Parnell, Representatives Phillips, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - "A Piece of My Heart" Production By Senator Kelly; Representatives Berkowitz, Brice, Croft, Davies, Grussendorf, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Joli Brian Morgan By Senator Hoffman; Representatives Ivan, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Chugiak High School Choirs By Senators Phillips, Halford; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-05-10 House Journal Page 1831 In Memoriam - Russell Floyd Hayward By Representatives Kookesh, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Mackie In Memoriam - Grace Butrovich By Senator Miller; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams CONCUR IN SENATE AMENDMENTS HB 152 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1785) on the following at this time: CS FOR HOUSE BILL NO. 152(HES) "An Act regulating hospice care." and SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) "An Act relating to hospice care." Title change authorized by SCR 15. There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 152(HES), thus adopting SCS CSHB 152(RLS), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 152(HES)? The roll was taken with the following result: 1997-05-10 House Journal Page 1832 HB 152 SCS CSHB 152(RLS) Concur YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Barnes, Hanley, Masek, Moses, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 152(RLS). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 152(RLS) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 141 A message dated May 10, 1997, was read stating the Senate has passed CSHB 141(RES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) "An Act relating to a vessel permit moratorium for the Alaska weathervane scallop fishery; relating to management of the scallop fisheries; and providing for an effective date." CONCUR IN SENATE AMENDMENTS HB 141 Representative Porter moved and asked unanimous consent to consider the message at this time. There being no objection, it was so ordered. 1997-05-10 House Journal Page 1833 HB 141 Representative Porter moved that the House concur in the Senate amendment to CSHB 141(RES) am, thus adopting SCS CSHB 141(RES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 141(RES) am? The roll was taken with the following result: SCS CSHB 141(RES) Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, 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, Vezey Absent: Hanley, Moses, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 141(RES). 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 141(RES) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: CONSIDERATION OF THE DAILY CALENDAR SB 21 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar (page 1811), would be held to tomorrow's calendar: 1997-05-10 House Journal Page 1834 SB 21 CS FOR SENATE BILL NO. 21(FIN) "An Act relating to ferries and ferry terminals, establishing the Alaska Marine Highway Authority, and relating to maintenance of state marine vessels; and providing for an effective date." CSSB 21(FIN) is in the Finance Committee. SB 107 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar (page 1814), would be held to tomorrow's calendar: CS FOR SENATE BILL NO. 107(FIN) am "An Act making, amending, and repealing capital and other appropriations; making appropriations to capitalize funds; and providing for an effective date." CSSB 107(FIN) am is in the Finance Committee. SB 151 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar (page 1816), would be held to tomorrow's calendar: CS FOR SENATE BILL NO. 151(FIN) am "An Act relating to public employment labor relations; relating to the protection of the rights of public employees under the Public Employment Relations Act; establishing ethical standards for union representatives of public employees; and establishing disclosure requirements for public employee labor organizations." CSSB 151(FIN) am is in the Finance Committee. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE GOVERNOR HB 112 The following letter, dated May 10, 1997, was received at 4:30 p.m.: 1997-05-10 House Journal Page 1835 HB 112 "Dear Speaker Phillips: Under the authority of art. II, sec. 15, of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 112(FIN) "An Act amending the definition of `political party' except as the definition of the term applies to the regulation of contributions and expenditures in state and municipal election campaigns, an amendment that also has the effect of changing the definition of 'political organization' as applied to the regulation of games of chance and contests of skill." The definition of political party is important for determining which parties can automatically place candidates on the general election ballot. Currently, a party can be listed on the ballot only if it runs a gubernatorial candidate and that person receives three percent of total votes cast in the previous general election. This method has been in place since statehood with the Alaska Supreme Court establishing the current three percent requirement. There has been no public appeal to change this method. Yet this bill proposes to do so by allowing a party to retain its status without running a gubernatorial candidate, if the party has a specific number of registered members. I vetoed this bill because it sets an artificial standard that unfairly discriminates among the political parties in the state. This political tinkering with the law is motivated to give an advantage to one party above all others. The law should not be changed to serve that purpose, especially when the change is done without a good reason. This lack of justification will inevitably lead to a court challenge and attendant uncertainty for the state's electoral system. Sincerely, /s/ Tony Knowles Governor" SB 35 The following letter, dated May 10, 1997, was received at 4:30 p.m.: "Dear Speaker Phillips: 1997-05-10 House Journal Page 1836 SB 35 Under the authority of art. II, sec. 17, of the Alaska Constitution, I have allowed the following bill to become law without my signature: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) am H "An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park." Chapter No. 27, SLA 1997 ªEffective Date: August 8, 1997ß This bill is an imagined solution looking for a problem that does not exist. The problem this bill alleges to address, the unwarranted closure of park areas, simply does not occur. In fact, during the entire history of state park management, the Division of Parks has never made a closure that would be covered by this bill. This raises the obvious question of the need for this legislation. This bill requires yet another unnecessary report to the legislature. As an unfunded mandate for the Administration, this report will only serve to take our professional park managers away from their job of serving the public. If anyone wonders how government grows, they could point to the cumulative effect of little bills like this. Sincerely, /s/ Tony Knowles Governor" MESSAGES FROM THE SENATE A message dated May 10, 1997, was received stating the Senate has accepted the invitation to meet in joint session at 2:15 p.m., May 11, 1997, to consider the Governor's actions. 1997-05-10 House Journal Page 1837 SB 103 A message dated May 10, 1997, was read stating the Senate has concurred in the House amendment to CSSB 103(STA) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN) "An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date." SB 104 A message dated May 10, 1997, was read stating the Senate has concurred in the House amendment to CSSB 104(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 104(FIN) "An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date." CONSIDERATION OF THE SUPPLEMENTAL CALENDAR Representative Porter moved and asked unanimous consent that the House adopt the Supplemental Calendar. There being no objection, the following Supplemental Calendar was adopted: 1997-05-10 House Journal Page 1838 CSSSSB 38(JUD) CSSB 119(L&C) CSSB 178(FIN) am CSSB 25(FIN) SB 130 SECOND READING OF SENATE BILLS SB 38 The following was read the second time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) "An Act relating to anatomical gifts, living wills, and do not resuscitate orders." with the: Journal Page JUD RPT HCS(JUD) 5DP 1368 SENATE FISCAL NOTE (DHSS) 2/3/97 1368 SENATE ZERO FN (DPS) 2/3/97 1368 FIN RPT HCS(JUD) 6DP 1512 SENATE FISCAL NOTE (DHSS) 2/3/97 1513 SENATE ZERO FISCAL NOTE (DPS) 2/3/97 1513 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) (same title) Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCSCSSSSB 38(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. 1997-05-10 House Journal Page 1839 SB 38 The Speaker stated that HCS CSSSSB 38(JUD) will be in third reading on tomorrow's calendar. SB 119 The following was read the second time: CS FOR SENATE BILL NO. 119(L&C) "An Act relating to fraternal benefit societies; and providing for an effective date." with the: Journal Page JUD RPT 4DP 2NR 1604 SENATE ZERO FISCAL NOTE (DCED) 3/14/97 1604 Representative Porter moved and asked unanimous consent that CSSB119(L&C) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSSB 119(L&C) will be in third reading on tomorrow's calendar. SB 178 The following was read the second time: CS FOR SENATE BILL NO. 178(FIN) am "An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date." with the: Journal Page STA REFERRAL WAIVED Y31 N5 A4 1701 FIN RPT 5DP 2DNP 2NR 1788 3 SENATE FNS (2-ADM, REV) 5/2/97 1788 1997-05-10 House Journal Page 1840 SB 178 The Speaker stated that, without objection, CSSB 178(FIN) am will be in third reading on tomorrow's calendar. SB 25 The following was read the second time: CS FOR SENATE BILL NO. 25(FIN) "An Act relating to the Department of Corrections' providing an automated victim notification and prisoner information system." with the: Journal Page FIN REFERRAL WAIVED 1789 The Speaker stated that, without objection, CSSB 25(FIN) will be in third reading on tomorrow's calendar. SB 130 The Speaker stated that, without objection, the following would be held to tomorrow's calendar: SENATE BILL NO. 130 "An Act amending the retirement incentive programs for municipalities and school districts; and providing for an effective date." RECONSIDERATION SB 7 Representative Kubina gave notice of reconsideration of his vote on HCS CSSB 7(FIN) (page 1821). Representative Kubina moved and asked unanimous consent that the reconsideration of HCS CSSB 7(FIN) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) "An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing 1997-05-10 House Journal Page 1841 SB 7 license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 7(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 7(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Nays: Austerman, Barnes, Davis, Hodgins, Masek Absent: Hanley, Sanders, Vezey And so, HCS CSSB 7(FIN) passed the House on reconsideration. 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. HCS CSSB 7(FIN) was referred to the Chief Clerk for engrossment. SB 164 Representative Ogan brought up reconsideration of the vote on CSSB164(HES) am (page 1775). The following was again before the House in third reading: CS FOR SENATE BILL NO. 164(HES) am "An Act relating to the authority of an emergency medical technician at the scene of an accident or emergency." 1997-05-10 House Journal Page 1842 SB 164 The question to be reconsidered: "Shall CSSB 164(HES) am pass the House?" The roll was taken with the following result: CSSB 164(HES) am--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 0 ABSENT: 3 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, Therriault, Williams Nays: Kohring, Ogan Absent: Hanley, Sanders, Vezey And so, CSSB 164(HES) am passed the House on reconsideration. CSSB 164(HES) am was signed by the Speaker and Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HB 152 Representatives Brice and Dyson added their names as cosponsors to: SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) "An Act relating to hospice care." SB 70 Representative James added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) am H "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." 1997-05-10 House Journal Page 1843 ENGROSSMENT SB 7 HCS CSSB 7(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 13 HCS CSSB 13(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 29 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: HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) "An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." SB 70 HCS CSSB 70(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 141 HCS CSSB 141(FIN) am H 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., 5/10 Minority Caucus upon adj., 5/10 1997-05-10 House Journal Page 1844 Joint Session Governor's actions 2:15 p.m., 5/11 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 1:30 p.m., May 11, 1997. There being no objection, the House adjourned at 10:37 p.m. Suzi Lowell Chief Clerk