Legislature(1997 - 1998)
1998-04-15 House Journal
Full Journal pdf1998-04-15 House Journal Page 2977 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 15, 1998 Ninety-fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:21 a.m. Roll call showed 36 members present. Representatives Barnes, Kott and Sanders were absent and their presence was noted later. Representative Porter moved and asked unanimous consent that Representative Moses' previous excuse (page 2946) be extended to 1:57 p.m., plane time, today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Kim Poole of the Douglas Community United Methodist Church. Representative Elton moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O Thou Great Source of Love and Life, We pause for one brief moment on this busy day to ask for guidance and wisdom from the center and source of all truth. Each of us may see that source in a different way, from the traditions of our childhood, or from the teachings of our heritage, or from the center of our being. Wherever that truth comes from, let it lead and guide the deliberations, study, debate and decisions of this body. In our own way we each face major decisions every moment of our lives, from the moment we arise until we entrust ourselves to You again at 1998-04-15 House Journal Page 2978 the moment of our sleep. Keep us honest with ourselves, with others, and with You, and we shall end this day in peace that endures forever. We ask this in the spirit of truth and love. Amen." The Pledge of Allegiance was led by Representative Dyson. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 93rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Hanley moved and asked unanimous consent that the citation, In Memoriam - Jennie J. Seybert, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. The Speaker stated that, without objection, all members of the House would be shown as cosponsors of the citation. 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: In Memoriam - Jennie J. Seybert By Representatives Moses, 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, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-04-15 House Journal Page 2979 MESSAGES FROM THE SENATE HCR 25 A message dated April 14, 1998, was read stating the Senate has passed SSHCR 25 with the following amendment and it is transmitted for consideration: SENATE CS FOR SS FOR HOUSE CONCURRENT RESOLUTION NO. 25(HES) am S Relating to Step Family Day. SSHCR 25 is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 14, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 330 CS FOR SENATE BILL NO. 330(RES) by the Senate Resources Committee, entitled: "An Act relating to locations of underground facilities and excavations in the area of underground facilities." was read the first time and referred to the Resources and Labor & Commerce Committees. SB 347 SENATE BILL NO. 347 by the Senate Rules Committee by request of the Legislative Budget & Audit Committee, entitled: "An Act relating to the increase of an appropriation item based on additional federal or other program receipts." was read the first time and referred to the Finance Committee. 1998-04-15 House Journal Page 2980 COMMUNICATIONS Letters of disclosure as required by AS 24.60 were published today in House Journal Supplement No. 12. **The presence of Representative Kott was noted. REPORTS OF STANDING COMMITTEES SB 17 The Health, Education & Social Services Committee has considered: SENATE BILL NO. 17 "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (2): Dyson, Porter Do not pass (1): Kemplen No recommendation (2): Green, Bunde The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 4/15/98 Zero fiscal note, Dept. of Law, 4/15/98 Zero fiscal note, Dept. of Public Safety, 4/15/98 SB 17 was referred to the Judiciary Committee. SB 209 The Rules Committee has considered: SENATE BILL NO. 209 "An Act relating to the Task Force on Privatization; and providing for an effective date." 1998-04-15 House Journal Page 2981 SB 209 and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 209(RLS) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Porter Do not pass (1): Elton No recommendation (3): Phillips, Williams, Kott The following fiscal notes apply to HCS SB 209(RLS): Senate fiscal note, Legislative Affairs Agency, 1/21/98 Senate indeterminate fiscal note, Office of the Governor/All Depts., 1/21/98 SB 209 was referred to the Rules Committee for placement on the calendar. SB 236 The Resources Committee has considered: CS FOR SENATE BILL NO. 236(RES) "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." The report was signed by Representatives Ogan and Hudson, Co-chairs, with the following individual recommendations: Do pass (5): Ogan, Hudson, Masek, Barnes, Dyson No recommendation (3): Nicholia, Joule, Green 1998-04-15 House Journal Page 2982 SB 236 The following fiscal note applies: Senate fiscal note, Dept. of Natural Resources, 3/10/98 CSSB 236(RES) was referred to the Finance Committee. SB 307 The Rules Committee has considered: SENATE BILL NO. 307 am "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 307(RLS) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Porter, Williams, Phillips, Kott No recommendation (1): Elton The following fiscal notes apply to HCS SB 307(RLS): Zero fiscal note, Office of the Governor, 3/23/98 Senate zero fiscal note, Office of the Governor, 3/3/98 SB 307 am was referred to the Rules Committee for placement on the calendar. SB 341 The Resources Committee has considered: SENATE BILL NO. 341 "An Act relating to agricultural land; and providing for an effective date." 1998-04-15 House Journal Page 2983 SB 341 The report was signed by Representatives Ogan and Hudson, Co-chairs, with the following individual recommendations: Do pass (5): Ogan, Masek, Barnes, Green, Dyson No recommendation (3): Hudson, Joule, Nicholia The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 3/24/98 SB 341 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Barnes was noted. REPORTS OF SPECIAL COMMITTEES A report of the Committee on Committees dated April 15, 1998, was read stating the members approve the removal of Representative Sanders from the House State Affairs Committee. The report was signed by Speaker Phillips, Chair; and, Representatives Green, Kott, Porter, Elton and Kubina. Representative Porter moved and asked unanimous consent that the House adopt the Committee on Committees report. There being no objection, it was so ordered. **The presence of Representative Sanders was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1998-04-15 House Journal Page 2984 Honoring - Citizens for Recycling Solutions By Representative Berkowitz Honoring - Capital City High School Science Fair Winners By Representatives Hudson, Elton, Mulder, Hanley, Kelly, Foster; Senator Duncan Honoring - Point Hope Harpoonerettes Girls' Basketball Team, Class2A State Champions By Senator Adams; Representative Joule Honoring - Buckland Sissauni Boys' Basketball Team, ClassIA State Champions By Senator Adams; Representative Joule In Memoriam - Victor Ross Guthrie, Sr. By Representative Grussendorf INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 485 HOUSE BILL NO. 485 by the House Rules Committee, entitled: "An Act relating to the powers and duties of the Alaska Commission on Postsecondary Education; relating to terms and conditions of education loans; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 366 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366 "An Act relating to child-in-need-of-aid proceedings." 1998-04-15 House Journal Page 2985 HB 366 with the: Journal Page HES RPT 5DP 2675 2 ZERO FISCAL NOTES (ADM, HES) 2675 Representative Porter moved and asked unanimous consent that SSHB366 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SSHB 366 was read the third time. The question being: "Shall SSHB 366 pass the House?" The roll was taken with the following result: SSHB 366 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams Excused: Moses Absent: Berkowitz, Hodgins, Ryan, Vezey And so, SSHB 366 passed the House. Representative Porter gave notice of reconsideration of his vote on SSHB 366. SECOND READING OF SENATE BILLS SB 76 The following was read the second time: 1998-04-15 House Journal Page 2986 SB 76 CS FOR SENATE BILL NO. 76(RLS) "An Act relating to results-based government and the state budget; relating to state agency program and financial plans; relating to the withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports." with the: Journal Page FIN RPT HCS(FIN) 4DP 3NR 2AM 2884 SENATE ZERO FN (S.FIN/ALL DEPTS) 3/20/98 2885 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. 76(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kemplen: Page 2, line 3: Delete "quarterly" Insert "semi-annually" Representative Kemplen moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Kemplen: Page 1, line 9, following "shall": Insert "develop a 5-year state strategic plan," 1998-04-15 House Journal Page 2987 SB 76 Page 1, line 10, following "achieve": Insert "to implement the plan on an annual basis" Page 2, line 8, following "governor": Insert "and compare them to the 5-year strategic plan of the state legislature" Page 3, line 11, following "use the": Insert "5-year state strategic plan," Page 4, line 4, following "legislature's": Insert "5-year state strategic plan" Page 4, line 14, following "toward": Insert "implementation of the strategic plan," Page 5, line 24, following "methods.": Insert "; (13) identify agencies' progress towards successful achievement of the goals established in the 5-year state strategic plan" Renumber the following subsections accordingly. Page 6, line 2, following "considering": Insert "the 5-year state strategic plan and" Page 6, line 9, following "year,": Insert "recommended human capital investment for the succeeding four fiscal years of the state strategic plan," Representative Kemplen moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. 1998-04-15 House Journal Page 2988 SB 76 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 76(FIN) am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davies, Davis, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Moses And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kemplen: Page 3, following line 8, insert a new subsection to read: "(g) the Alaska State Legislature establishes in the legislative branch the Citizens Commission for a Northern Vision in order to develop and recommend to the Governor, the legislature, and the people of Alaska a northern strategic statewide plan; the commission shall include individuals who reflect a wide range of viewpoints, who have indicated a strong dedication to the public interest, and who represent different physical, social, and economic areas of the state (1) the commission shall consist of the following voting members: (A) nine members of the public, not to include members of the legislative, executive, or judicial branches; the Speaker of the House of Representatives, the President of the Senate, and the Governor shall each appoint three of these members; (B) two members of the House of Representatives appointed by the Speaker of the House; one member shall be a member of the majority and one a member of the minority; 1998-04-15 House Journal Page 2989 SB 76 (C) two members of the Senate appointed by the President of the Senate; one member shall be a member of the majority and one a member of the minority; and (D) two members of the executive branch appointed by the Governor (2) the commission shall select a chair and vice-chair from among its members, shall meet as frequently as the commission determines necessary, may meet during the interim and during legislative sessions, and may meet and vote by teleconference; (3) the purpose of the commission is to craft a strategic plan that (A) declares public policy concerning the social, economic, and cultural development of the state and identifies the objectives and actions that the state will pursue to achieve the recommendations in this strategic plan for our northern community; (B) declares goals and policies for the states development and management that guide, but do not bind, the legislature in taking action; (C) informs the business community, the public, and other governmental agencies of the states strategic goals and the relationship of those goals to policy development and management; (4) the strategic plan developed by the commission shall address the following general goals: (A) to create a living environment of the highest possible quality, based on comprehensive planning for the population and its growth potential and addressing the ecological, economic, health, social, public safety, and physical development needs of the state; (B) to encourage citizen participation in formulating policies, plans, and programs of the state at community and regional levels; (C) to create and maintain conditions in which all Alaska residents have an equitable opportunity to share in employment, education, health, housing, social service, and recreational resources; (D) to develop a safe, convenient, and economical state transportation system that provides adequate access to all parts of the state, maximizes safety, minimizes environmental effects, and provides for alternative modal facilities; (E) to encourage the development of a state economy with sufficient growth and diversity to provide a stable economic base yet maintain the integrity of critical human and environmental systems; 1998-04-15 House Journal Page 2990 SB 76 (F) to ensure that the natural environment is enhanced, maintained, and protected by establishing standards for the protection of soil, vegetation, air, sound, and sight, with appropriate surveillance and enforcement of these standards; (G) to encourage the protection of life and property from natural disasters and hazards; (H) to incorporate advances in telecommunications technologies to ensure that universal access to the information highway is available to all parts of the state; (I) to encourage access to safe, decent, affordable housing, providing safe and structurally sound housing resources; (J) to provide a wide range of cultural and recreational opportunities to all communities and regions of the state; (K) to provide a full choice of educational opportunities to all segments of the state, using all community and regional facilities and programs to maximum advantage (5) the commission shall request participation and information from (A) the commissioner of each principal department in state government; (B) the president of the University of Alaska; (C)representatives from local governments, school boards, business, industry, and nonprofit organizations (6) the commission shall hold public hearings, encourage participation by residents of the state, and take advantage, to the greatest extent possible, of modern telecommunications technology; (7) the commission shall present an action plan to the legislature by February 1, 1999, that details its methodology for crafting a northern strategic plan; the action plan shall include a detailed work schedule for the project and identify the public participation process, supporting resources from state agencies, in-kind contributions from individual Alaskans and businesses, joint ventures with nonprofit organizations, benchmarks for progress achieved, and appropriate project management tools that illustrate the work to be accomplished; (8) the commission shall submit a preliminary report on its work to the Governor and the Alaska State Legislature by January 1, 2000, and that the commission shall submit a final report to the Governor and the Alaska State Legislature by January 1, 2001; 1998-04-15 House Journal Page 2991 SB 76 (9) the commission is authorized to begin work immediately on the appointment of its full membership or on July 15, 1998, whichever date is earlier, and is terminated on the convening of the Second Regular Session of the Twenty-First Alaska State Legislature." Representative Kemplen moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 76(FIN) am H Second Reading Amendment No. 3 YEAS: 9 NAYS: 23 EXCUSED: 1 ABSENT: 7 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Kemplen, Kubina, Nicholia, Vezey Nays: Austerman, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Moses Absent: Barnes, Brice, Bunde, Dyson, Joule, Kookesh, Masek And so, Amendment No. 3 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 76(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 76(FIN) am H would be in third reading on the April 16, 1998 calendar. 1998-04-15 House Journal Page 2992 SB 299 The following was read the second time: SENATE BILL NO. 299 "An Act relating to the treatment of well test flares, nonroad engines, and aggregated fuel burning equipment associated with nonroad engines under the state's air quality control program; defining 'stationary source' for purposes of the state's air quality program." with the: Journal Page FIN RPT 3DP 1DNP 3NR 2921 SENATE FISCAL NOTE (S.FIN/DEC) 4/2/98 2922 Amendment No. 1 was offered by Representatives Therriault, Davies and Kelly: Page 2, lines 5 and 19: Delete "not" Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Davies: Page 1, line 9: Delete "and aggregated fuel burning equipment associated with nonroad engines are mobile sources" Page 1, line 12: Delete "or aggregated fuel burning equipment associated with nonroad engines" Page 2, line 1: Delete "and aggregated fuel burning equipment associated with nonroad engines" 1998-04-15 House Journal Page 2993 SB 299 Page 2, line 8: Delete "or aggregated fuel burning equipment associated with nonroad engines" Page 2, line 11, following "flares" through line 23: Delete all material. Insert "and aggregated fuel burning equipment associated with nonroad engines. Notwithstanding other provisions of this chapter, (1) an air quality control permit is not required under this chapter for the operation of a well test flare rated less than 100,000,000 Btu's per hour; (2) aggregated fuel burning equipment associated with nonroad engines may require a permit under this chapter." Page 2, line 25, following ""nonroad engine"" through line 31: Delete all material. Insert "has the meaning given in 40 C.F.R. 89.2 (revised as of July1, 1997)." Page 3, lines 1 - 17: Delete all material. Page 3, line 17, following ""stationary source"" through line 19: Delete all material. Insert "has the meaning given in 42 U.S.C. 7602." Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. 1998-04-15 House Journal Page 2994 SB 299 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 2 YEAS: 9 NAYS: 25 EXCUSED: 1 ABSENT: 5 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin, Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Moses Absent: Barnes, Kookesh, Kott, Mulder, Sanders And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Davies: Page 2, following line 23: Insert: "Sec. 46.14.576. Study of impacts of air quality degradation. (a) When the department determines that oil exploration activities involving use of a nonroad engine or collection of nonroad engines of greater than 1,000 total horse power are ongoing in an air quality control region, as defined under 42 U.S.C. 7407 and applicable federal regulations, the department shall conduct an investigation to determine if residential or subsistence activities occur within portions of the air quality control region that are significantly impacted by these activities. If residential or subsistence activities occur within significantly impacted areas, the department shall conduct or contract out a study to determine if and how the emissions and pollutant deposition in the significantly impacted area may effect the health of residents or subsistence lifestyles. 1998-04-15 House Journal Page 2995 SB 299 (b) The Department shall adopt regulations providing for assessment and collection of fees to cover the cost of any investigations or studies under paragraph (a) of this section, fees shall be based on actual or potential emissions from nonroad engines operated within the air quality control region, and shall not be imposed for any category of nonroad engines that the department determines have actual or potential emissions too low to make assessment and collection of fees practicable or cost effective." Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 3 YEAS: 10 NAYS: 25 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin, Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Moses Absent: Barnes, Kott, Mulder, Sanders And so, Amendment No. 3 was not adopted. 1998-04-15 House Journal Page 2996 SB 299 Amendment No. 4 was offered by Representative Kemplen: Page 1, lines 1 - 2 (title amendment): Delete "well test flares, nonroad engines, and aggregated fuel burning equipment associated with" Page 1, line 3 (title amendment): Delete "; defining 'stationary source' for purposes of the state's air quality program" Page 1, line 6: Delete "new sections" Insert "a new section" Page 1, line 9: Delete "and aggregated fuel burning equipment associated with nonroad engines are mobile sources" Page 1, line 12: Delete "or aggregated fuel burning equipment associated with nonroad engines" Page 2, line 1: Delete "and aggregated fuel burning equipment associated with nonroad engines" Page 2, line 3, following "chapter;" Insert "and" Page 2, lines 4 - 6: Delete all material. Page 2, line 7: Delete "(5)" Insert "(4)" Page 2, line 8: Delete "or aggregated fuel burning equipment associated with nonroad engines" 1998-04-15 House Journal Page 2997 SB 299 Page 2, lines 11 - 23: Delete all material. Page 2, line 24: Delete "new paragraphs" Insert "a new paragraph" Page 2, line 25 through page 3, line 19: Delete all material and insert: "(28) "nonroad engine" has the meaning given in 40 C.F.R. 89.2 (revised as of July 1, 1997)." Representative Kemplen moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 4 YEAS: 10 NAYS: 27 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Moses Absent: Bunde, Vezey And so, Amendment No. 4 was not adopted. 1998-04-15 House Journal Page 2998 SB 299 Amendment No. 5 was offered by Representative Joule: Page 2, following line 23: Insert a new section to read: "Sec. 46.14.578. Response to complaints of visible accumulation of air pollutants. (a) In any area where the ambient air in a residential area or area used for subsistence purposes may be significantly impacted by operations of nonroad engines, the department shall respond to public complaints of visible accumulations of air pollutants by attempting to independently verify the existence of the accumulations. If the existence of visible accumulations are verified, the department shall provide for daily observations from the affected area and for monitoring of ambient air quality during periods where there are visible accumulations of air pollutants. Observations and monitoring may be discontinued if the department determines that nonroad engines do not cause or contribute to the accumulation or if the department determines that an accumulation does not violate ambient air quality standards and does not present a significant risk to human health. (b) The department shall adopt regulations providing for assessment and collection of fees to cover the cost of any investigations, observations, or monitoring under paragraph (a) of this section, fees shall be based on actual or potential emissions from nonroad engines operated within the air quality control region, and shall not be imposed for any category of nonroad engines that the department determines have actual or potential emissions too low to make assessment and collection of fees practicable or cost effective." Representative Joule moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 5 YEAS: 10 NAYS: 28 EXCUSED: 1 ABSENT: 1 1998-04-15 House Journal Page 2999 SB 299 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Moses Absent: Bunde And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 2, following line 23: Insert a new section to read: "Sec. 46.14.574. Ambient Air Quality Monitoring in Oil Exploration Areas. (a) When the department determines that oil exploration activities involving use of a nonroad engine or collection of nonroad engines of greater than 1,000 total horse power are ongoing in an air quality control region, as defined under 42 U.S.C. 7407 and applicable federal regulations, the department shall adopt regulations to provide ambient air quality monitoring in the region. The regulations must include: (1) provisions requiring at least 10 air quality monitoring stations in the air quality control region; (2) provisions to insure that all monitors are located and operated according to siting, operation, and measurement protocols approved by the federal administrator; (3) provisions for assessment and collection of fees to cover the cost of air quality monitoring, fees shall be based on actual or potential emissions from nonroad engines operated within the air quality control region, and shall not be imposed on any category of nonroad engines that the department determines have actual or potential emissions too low to make assessment and collection of fees practicable or cost effective. 1998-04-15 House Journal Page 3000 SB 299 (b) If ambient air monitoring indicates that pollutant concentrations have reached seventy percent or more of an ambient air quality standard at any location in an Air Quality Control Region, the department shall adopt regulations imposing operational restrictions on nonroad engines within the Air Quality Control Region. The regulations (1) shall prohibit the use of fuel with a sulfur content of greater than 0.05 percent (by weight); (2) shall impose in use limitations to limit nitrogen oxide emissions to levels comparable to those that would be achievable through use of best available control technology; (3) may, to the extent permissible under 42 U.S.C. 7401 -- 7601q (Clean Air Act) and applicable federal regulations, require use and maintenance of best available control technology and periodic inspection of nonroad engines. Page 3, line 19, following "source": Insert "; (30) "best available control technology" means the emission limitation that represents the maximum reduction achievable for each regulated air contaminant, taking into account energy, environmental and economic impacts, and other costs; the resulting emissions must comply with applicable state and federal emission standards; best available control technology includes, for example, design features, equipment specifications, and work practices" Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 6 YEAS: 12 NAYS: 26 EXCUSED: 1 ABSENT: 1 1998-04-15 House Journal Page 3001 SB 299 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Moses Absent: Bunde And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Croft: Page 3, line 19, following "source.": Insert a new bill section to read: "*Sec. 3. This Act applies only to mobile drill rigs and test flares." Representative Croft moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 7 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Bunde, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey 1998-04-15 House Journal Page 3002 SB 299 Excused: Moses Absent: Ryan, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Kubina: Page 3, line 19, following "source.": Insert a new bill section to read: "*Sec. 3. This Act does not apply to emission sources at the TAPS marine terminal in Valdez or vessels using the TAPS marine terminal." Representative Kubina moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: SB 299 am H Second Reading Amendment No. 8 YEAS: 13 NAYS: 19 EXCUSED: 1 ABSENT: 7 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Williams Excused: Moses Absent: Bunde, James, Kott, Ogan, Sanders, Therriault, Vezey And so, Amendment No. 8 was not adopted. 1998-04-15 House Journal Page 3003 SB 299 Representative Porter moved and asked unanimous consent that SB299 am H be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SB 299 am H would be in third reading on the April 16, 1998 calendar. 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 - Mat-Su Valley Shooting Stars Soccer Team By Senators Green, Halford; Representatives Berkowitz, Brice, Croft, Davies, Dyson, Elton, Green, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Magic Soccer Team By Senators Green, Halford; Representatives Berkowitz, Brice, Croft, Davies, Dyson, Elton, Green, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Mary Ellen Hodges By Senator Hoffman; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams CONCUR IN SENATE AMENDMENTS HCR 25 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 2979) on the following at this time: 1998-04-15 House Journal Page 3004 HCR 25 SPONSOR SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 25 Relating to Step Family Day. and SENATE CS FOR SS FOR HOUSE CONCURRENT RESOLUTION NO. 25(HES) am S (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to SSHCR 25, thus adopting SCS SSHCR 25(HES) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to SSHCR 25?" The roll was taken with the following result: SCS SSHCR 25(HES) am S Concur YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Excused: Moses Absent: Bunde, Grussendorf, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS SSHCR 25(HES) am S. The Chief Clerk was instructed to so notify the Senate. SCS SSHCR 25(HES) am S was referred to the Chief Clerk for enrollment. 1998-04-15 House Journal Page 3005 UNFINISHED BUSINESS Representative Berkowitz moved and asked unanimous consent that it be the Sense of the House that the following bills receive a House Special Committee on World Trade and State/Federal Relations referral: HOUSE BILL NO. 205 "An Act relating to formation of and taxation in regional educational attendance areas; and providing for an effective date." SENATE BILL NO. 5 "An Act relating to municipal taxes and fees levied on certain commercial vessels operating in waterborne commerce for the privilege of entering into the port or levied on passengers who may disembark from a commercial vessel at a port in the state; and levying and providing for the collection and administration of fees on passengers for the privilege of disembarking certain commercial vessels that carry passengers in waterborne commerce at ports in the state; and providing for an effective date." SENATE BILL NO. 23 "An Act levying and providing for the collection and administration of excise taxes on the rental or furnishing of transient lodging, and authorizing disposition of estimated receipts from that tax; and providing for an effective date." SENATE BILL NO. 30 "An Act relating to municipalities; the incorporation of certain boroughs in the unorganized borough; the formation of separate unorganized boroughs; and to taxation in the unorganized boroughs." Objection was heard. The question being: "Shall it be the Sense of the House that HB 205, SB 5, SB 23 and SB 30 receive a House Special Committee on World Trade and State/Federal Relations referral?" The roll was taken with the following result: 1998-04-15 House Journal Page 3006 HB 205, SB 5, SB 23, SB 30 Sense of the House Receive a Special Committee on World Trade Referral YEAS: 14 NAYS: 21 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Elton, Green, Hodgins, Joule, Kemplen, Kohring, Kookesh, Kubina, Nicholia, Sanders, Vezey Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Hudson, Ivan, James, Kelly, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: Moses Absent: Bunde, Davies, Grussendorf, Hanley Dyson changed from "Yea" to "Nay". Barnes changed from "Yea" to "Nay". Ogan changed from "Yea" to "Nay". Austerman changed from "Yea" to "Nay". And so, the motion failed. HB 205 is in the House Health, Education & Social Services Committee, SB 5 and SB 30 are in the Senate Community & Regional Affairs Committee and SB 23 is in the Senate State Affairs Committee. HB 272 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 272 "An Act to permit a court to order a defendant who receives a sentence of imprisonment for a misdemeanor to serve the sentence by electronic monitoring; and relating to the crime of unlawful evasion." HB 366 Representative James added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 366 "An Act relating to child-in-need-of-aid proceedings." 1998-04-15 House Journal Page 3007 SB 180 Representative Kohring added his name as cross sponsor to: CS FOR SENATE BILL NO. 180(FIN) "An Act relating to state rights-of-way." 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., April 16, 1998. There being no objection, the House adjourned at 12:35 p.m. Suzi Lowell Chief Clerk