Legislature(1997 - 1998)
1998-04-30 House Journal
Full Journal pdf1998-04-30 House Journal Page 3347 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 30, 1998 One Hundred Ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:24 a.m. Roll call showed 37 members present. Representatives Foster, Kott and Sanders were absent and their presence was noted later. The invocation was offered by the Chaplain, Reverend Robert L. Tornquist of the First Church of God. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let's consider this Old Testament verse, before we pray, Make a joyful shout to the Lord, all you lands! Serve the Lord with Gladness. Come before His presence with singing. Know that the Lord, He is God. It is He who has made us, and not we ourselves. We are His people and the sheep of His pasture. Enter into His gates with thanksgiving And into His courts with praise. Be thankful to Him and Bless His Name For the Lord is good, His mercy is everlasting And His truth endures to all generations. 1998-04-30 House Journal Page 3348 Thank You God for all the promises that You give to us, Your creation. We seek Your wisdom this hour and may Your blessings fall upon us all. May Your hand guide us as You guided great men of this country of ours in days past and may we depend upon Your strength and wisdom as we make the decisions that we will make. In fact, our Father, may we, before we vote upon anything, take time to pray and seek Your will in each and every matter and may we say as Jesus said, 'Not my will, but Thine be done.' Thank You God for these men and women who are assembled here. Please put Your hand upon them and direct their paths. In the Name of God Almighty, Amen and Amen." The Pledge of Allegiance was led by Representative Austerman. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 108th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. CONCUR IN SENATE AMENDMENTS HB 325 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3324) on the following at this time: CS FOR HOUSE BILL NO. 325(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." 1998-04-30 House Journal Page 3349 HB 325 and SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 325(FIN) am(brf sup maj fld), thus adopting SCS CSHB 325(FIN) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 325(FIN) am(brf sup maj fld)?" The roll was taken with the following result: SCS CSHB 325(FIN) am S Concur YEAS: 1 NAYS: 36 EXCUSED: 0 ABSENT: 3 Yeas: Vezey Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Absent: Foster, Kott, Sanders And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 325(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. 1998-04-30 House Journal Page 3350 HB 325 In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Hanley, Chair Representative Therriault Representative Grussendorf HB 326 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3324) on the following at this time: CS FOR HOUSE BILL NO. 326(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 326(FIN) am S (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 326(FIN), thus adopting SCS CSHB 326(FIN) am S, and recommended that the members vote no. **The presence of Representative Kott and Sanders was noted. The question being: "Shall the House concur in the Senate amendment to CSHB 326(FIN)?" The roll was taken with the following result: SCS CSHB 326(FIN) am S Concur YEAS: 1 NAYS: 37 EXCUSED: 0 ABSENT: 2 Yeas: Vezey 1998-04-30 House Journal Page 3351 HB 326 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Absent: Foster, Moses And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 326(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Hanley, Chair Representative Therriault Representative Grussendorf ANNOUNCEMENTS Minority Caucus upon recess, 4/30 The Speaker stated that, without objection, the House would recess until noon; and so, the House recessed at 11:32 a.m. AFTER RECESS The Speaker called the House back to order at 12:09 p.m. MESSAGES FROM THE GOVERNOR SB 261 A message dated April 29, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1998-04-30 House Journal Page 3352 SB 261 HOUSE CS FOR CS FOR SENATE BILL NO. 261(FIN) "An Act relating to the Special Olympics World Winter Games to be held in Anchorage in the year 2001; establishing a reserve fund for the games; providing certain duties and authority for the Alaska Industrial Development and Export Authority regarding financing for those games; and providing for an effective date." Chapter No. 16, SLA 1998 Effective Date: April 30, 1998 A second quorum call showed 25 members present. MESSAGES FROM THE SENATE HB 387 A message dated April 29, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 387(L&C) "An Act relating to dentists." CSHB 387(L&C) was referred to the Chief Clerk for enrollment. HB 2 A message dated April 29, 1998, was read stating the Senate has adopted the Conference Committee report on CSHB 2(FIN) and SCS CSHB 2(FIN) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 2 "An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a 1998-04-30 House Journal Page 3353 HB 2 need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individual's intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state 'resident' for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date." CCS HB 2 was referred to the Chief Clerk for engrossment and enrollment. SJR 38 A message dated April 29, 1998, was read stating the Senate has concurred in the House amendment to SJR 38, thus adopting: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 38(WTR) Relating to the bombardment of the village of Angoon. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated April 29, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: 1998-04-30 House Journal Page 3354 SCR 28 SENATE CONCURRENT RESOLUTION NO. 28 by the Senate Rules Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 404, relating to commercial motor vehicles. was read the first time and referred to the Rules Committee for calendaring. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 29, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 192 CS FOR SENATE BILL NO. 192(FIN) by the Senate Finance Committee, entitled: "An Act relating to maintenance of state marine vessels; and providing for an effective date." was read the first time and referred to the Rules Committee. SB 216 CS FOR SENATE BILL NO. 216(JUD) by the Senate Judiciary Committee, entitled: "An Act providing for the civil commitment of sexually violent predators." was read the first time and referred to the Judiciary and Finance Committees. SB 331 CS FOR SENATE BILL NO. 331(FIN) by the Senate Finance Committee, entitled: 1998-04-30 House Journal Page 3355 SB 331 "An Act regulating licensed professional counselors; regulating use of the titles 'licensed professional counselor' and 'licensed counselor'; amending Rule 504(a)(3), Alaska Rules of Evidence; and providing for an effective date." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following report was received: Dept. of Community & Regional Affairs Division of Community and Rural Development Job Training Partnership Act (JTPA) Annual Report of the Alaska Statewide Service Delivery Area for Program Year 1996 REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Mark C. Rowland as a member of the Alaska Public Offices Commission (APOC). The report did not reflect an intent by any of the members to vote for or against the named individual during any further sessions for the purposes of confirmation. The report was signed by Representative Ivan, Vice Chair; and, Representatives Elton, Ryan and Hodgins. HJR 45 The State Affairs Committee has considered: 1998-04-30 House Journal Page 3356 HJR 45 HOUSE JOINT RESOLUTION NO. 45 Proposing amendments to the Constitution of the State of Alaska relating to a biennial state budget, to the appropriation limit, and to appropriations from the budget reserve fund. The report was signed by Representative Ivan, Vice Chair, with the following individual recommendations: Do pass (1): Hodgins No recommendation (3): Elton, Ivan, Ryan The following fiscal note applies: Fiscal note, Office of the Governor, 4/30/98 HJR 45 was referred to the Judiciary Committee. HB 44 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 44 "An Act relating to admission to an Alaska Pioneers' Home." and recommends it be replaced with: CS FOR HOUSE BILL NO. 44(STA) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (1): Brice No recommendation (3): Dyson, Green, Bunde The following fiscal note applies to CSHB 44(STA): Zero fiscal note, Dept. of Administration, 4/2/98 HB 44 was referred to the Finance Committee. 1998-04-30 House Journal Page 3357 HB 247 The Labor & Commerce Committee has considered: HOUSE BILL NO. 247 "An Act relating to escrow accounts; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 247(L&C) "An Act relating to the characterization of, use of, segregation of, deposit of, interest on, and disbursement of escrow money; relating to the recording, filing, and delivery of escrow documents; relating to civil penalties for violations of certain escrow provisions by escrow settlement agents; relating to the supervision by the Department of Commerce and Economic Development of escrow settlement agents; and authorizing the adoption of regulations to implement certain escrow provisions." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Sanders, Ryan, Rokeberg No recommendation (2): Cowdery, Hudson The following fiscal note applies to CSHB 247(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/30/98 HB 247 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Foster was noted. 1998-04-30 House Journal Page 3358 HB 303 The State Affairs Committee has considered: HOUSE BILL NO. 303 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." The report was signed by Representative Ivan, Vice Chair, with the following individual recommendations: Do pass (3): Ivan, Hodgins, Elton No recommendation (1): Ryan The following fiscal note applies: Zero fiscal note, House State Affairs Committee, 4/30/98 HB 303 was referred to the Judiciary Committee. HB 347 The Labor & Commerce Committee has considered: HOUSE BILL NO. 347 "An Act relating to an exemption from overtime wage requirements for certain motor vehicle mechanics. and recommends it be replaced with: CS FOR HOUSE BILL NO. 347(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Cowdery, Sanders, Hudson, Rokeberg No recommendation (2): Kubina, Ryan 1998-04-30 House Journal Page 3359 HB 347 The following fiscal note applies to CSHB 347(L&C): Zero fiscal note, Dept. of Labor, 4/30/98 HB 347 was referred to the Rules Committee for placement on the calendar. HB 350 The Labor & Commerce Committee has considered: HOUSE BILL NO. 350 "An Act requiring that the cost of contraceptives and related health care services be included in health insurance coverage." and recommends it be replaced with: CS FOR HOUSE BILL NO. 350(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Kubina, Hudson, Brice No recommendation (2): Cowdery, Rokeberg Amend (1): Ryan The following fiscal note applies to CSHB 350(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 2/20/98 HB 350 was referred to the Rules Committee for placement on the calendar. HB 488 The Finance Committee has considered: 1998-04-30 House Journal Page 3360 HB 488 HOUSE BILL NO. 488 "An Act relating to the Alaska Royalty Oil and Gas Development Advisory Board." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Martin, Kohring, Mulder, Grussendorf No recommendation (3): Kelly, Davies, Davis The following fiscal note applies: Fiscal note, Dept. of Natural Resources, 4/30/98 HB 488 was referred to the Rules Committee for placement on the calendar. SJR 42 The Judiciary Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (4): Green, Porter, Rokeberg, James Do not pass (1): Croft The following fiscal note applies: Senate fiscal note, Office of the Governor, 3/10/98 CSSJR 42(FIN) was referred to the Finance Committee. 1998-04-30 House Journal Page 3361 SB 197 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 197(RLS) am "An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 197(HES) (same title) The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (1): Bunde No recommendation (3): Dyson, Porter, Green The following fiscal note applies to HCS CSSB 197(HES): Senate zero fiscal note, Dept. of Commerce & Economic Development, 1/21/98 CSSB 197(RLS) am was referred to the Rules Committee for placement on the calendar. SB 254 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 254(FIN) "An Act relating to the exemption from levy, execution, garnishment, attachment, or other remedy for the collection of debt as applied to a permanent fund dividend." 1998-04-30 House Journal Page 3362 SB 254 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Cowdery, Kubina, Ryan, Hudson, Rokeberg No recommendation (1): Brice The following fiscal note applies: Senate zero fiscal note, Dept. of Revenue, 3/12/98 CSSB 254(FIN) was referred to the Judiciary Committee. SB 284 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 284(STA) "An Act relating to cruelty to animals." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Croft, Bunde, James, Berkowitz, Green No recommendation (1): Rokeberg The following fiscal note applies: Senate zero fiscal note, Dept. of Law, 3/25/98 CSSB 284(STA) was referred to the Rules Committee for placement on the calendar. SB 323 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 323(FIN) am "An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date." 1998-04-30 House Journal Page 3363 SB 323 The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (4): Porter, Green, James, Bunde No recommendation (1): Rokeberg Amend (1): Berkowitz The following fiscal notes apply: Senate fiscal note, Dept. of Corrections, 3/12/98 Senate indeterminate fiscal note, Dept. of Administration, 3/12/98 CSSB 323(FIN) am was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - The National Day of Prayer, May 7, 1998 By Representative Green Honoring - Alaska Academic Decathlon Winners By Representatives Davies, Kubina Honoring - Aniak Halfbreeds Girls' Basketball Team, Class 1-A State Runners-Up By Representative Nicholia; Senator Lincoln Honoring - Second and Third Grade Students, Butte Elementary School By Representative Ogan Honoring - Mary Carey, A True Alaskan Pioneer By Representative Masek Honoring - Rebecca Mease By Representative Davies 1998-04-30 House Journal Page 3364 Honoring - Northway Warriors Boys' Basketball Team, Class 2A State Champions By Representative Nicholia; Senator Lincoln Honoring - Miles Raney By Representative Masek Honoring - Libby Riddles By Representatives Davies, Masek Honoring - David Schmidt By Representative Davis Honoring - Brian Swanson, Western Collegiate Hockey Association, 1998 All-American and Two-Time Scoring Title By Representative Dyson Honoring - Todd Syverson By Representative Davis Honoring - The Talkeetna Moose Dropping Festival By Representative Masek Honoring - Camille Towner, Miss Anchorage 1998, Miss Dance Drill Team Alaska '98 By Representative Dyson Honoring - Martin Nusanin Woods By Representative Joule; Senator Adams Honoring - The Alaska Railroad Corporation, 75th Anniversary Celebration By Senator Kelly Honoring - Lieutenant Colonel Theodore J. Heller By Senator Ward In Memoriam - Larry Matfay By Representative Austerman; Senator Mackie In Memoriam - Merle Snider By Representative Austerman 1998-04-30 House Journal Page 3365 In Memoriam - Donald J. Stickman, Sr. By Senator Lincoln; Representative Nicholia CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 481 The following was read the second time: HOUSE BILL NO. 481 "An Act relating to application for and payment of permanent fund dividends of certain deceased individuals; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 3DP 3NR 3039 ZERO FISCAL NOTE (REV) 3040 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. 481(STA) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 481(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 481(STA) was read the third time. The question being: "Shall CSHB 481(STA) pass the House?" The roll was taken with the following result: CSHB 481(STA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 1998-04-30 House Journal Page 3366 HB 481 Yeas: Austerman, Barnes, Berkowitz, 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, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Brice, Moses And so, CSHB 481(STA) 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. CSHB 481(STA) was referred to the Chief Clerk for engrossment. HB 486 The following was read the second time: HOUSE BILL NO. 486 "An Act relating to the Alaska Securities Act; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 4DP 3303 ZERO FISCAL NOTE (DCED) 3304 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. 486(L&C) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 486(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 486(L&C) was read the third time. 1998-04-30 House Journal Page 3367 HB 486 The question being: "Shall CSHB 486(L&C) pass the House?" The roll was taken with the following result: CSHB 486(L&C) Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Kohring, Ogan Absent: Brice, Moses And so, CSHB 486(L&C) 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 Berkowitz gave notice of reconsideration of his vote on CSHB 486(L&C). SECOND READING OF SENATE BILLS SB 110 The following was read the second time: CS FOR SENATE BILL NO. 110(L&C) am "An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors." 1998-04-30 House Journal Page 3368 SB 110 with the: Journal Page L&C RPT HCS(L&C) 2DP 4NR 2302 SENATE FISCAL NOTE (DCED) 1/21/98 2303 FIN RPT HCS(FIN) 6DP 3NR 1AM 3241 SENATE FISCAL NOTE (DCED) 1/21/98 3241 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. 110(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 110(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 110(FIN) was read the third time. The question being: "Shall HCS CSSB 110(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 110(FIN) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: 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, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Masek, Ogan Absent: Austerman 1998-04-30 House Journal Page 3369 SB 110 And so, HCS CSSB 110(FIN) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 284 The following, which was advanced to third reading from the April 29, 1998 calendar (page 3337), was read the third time: CS FOR HOUSE BILL NO. 284(FIN) "An Act relating to infestations and diseases of timber." The question being: "Shall CSHB 284(FIN) pass the House?" The roll was taken with the following result: CSHB 284(FIN) Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Kemplen, Kookesh, Kubina, Moses, Nicholia Absent: Hanley And so, CSHB 284(FIN) passed the House. Representative Nicholia gave notice of reconsideration of her vote on CSHB 284(FIN). 1998-04-30 House Journal Page 3370 SECOND READING OF SENATE RESOLUTIONS SCR 22 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Relating to promotion of Kids Voting Alaska programs. with the: Journal Page STA RPT 5DP 2853 SENATE ZERO FISCAL NOTE (S.STA) 3/2/98 2853 The question being: "Shall CSSCR 22(STA) pass the House?" The roll was taken with the following result: CSSCR 22(STA) Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 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, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hanley And so, CSSCR 22(STA) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1998-04-30 House Journal Page 3371 Honoring - Kalifornsky Beach Elementary School, SB 265, The Moose Bill By Representatives Hodgins, Davis, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Torgerson, Ward Honoring - North Star Elementary School, Teacher Appreciation Week, May 3-9, 1998 By Representatives Hodgins, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Dan Anderson and Charlie Champaine, Carnegie Hero Award Recipients By Representatives Kubina, James, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hudson, Joule, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Jacob Ancil Ruben Berg By Representatives Kott, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Jerry and Mary Holmstrom By Senator Taylor; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Dr. William C. Gasaway By Senator Sharp; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-04-30 House Journal Page 3372 In Memoriam - Billy G. Foster By Representatives Kohring, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Marie J. Agnaqin Schuerch By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Davies - from 6:43 p.m., plane time, May 2 to 9:40a.m., plane time, May 4, 1998 RECONSIDERATION HB 245 Representative Brice brought up reconsideration of the vote on CSHB 245(RLS)(fld H) (page 3340). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 245(RLS) "An Act relating to the minimum sentences for assault in the fourth degree that is a crime involving domestic violence; relating to domestic violence; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date." 1998-04-30 House Journal Page 3373 HB 245 A Title Amendment was offered by Representative Hanley: Page 1, lines 1 - 2: Delete all material. Insert "An Act relating to assault in the fourth degree; relating to" Representative Hanley moved and asked unanimous consent that the title amendment be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 245(RLS)(title am) "An Act relating to assault in the fourth degree; relating to the definition of 'crime involving domestic violence' in AS 11; relating to unlawful contact with a victim or witness; relating to rehabilitation programs for perpetrators of domestic violence; amending Rule 5(b), Alaska Rules of Criminal Procedure and Rule 404(b), Alaska Rules of Evidence; and providing for an effective date." Representative Brice moved and asked unanimous consent that CSHB 245(RLS)(title am) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brice: Page 9, line 9, following "standards.": Insert "Upon application of a program, the department may waive one or more standards and approve the program if the department determines (1) there is good cause for the waiver; (2) the safety of victims and children is not compromised by the waiver; (3) an acceptable alternative is provided by the program." Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1998-04-30 House Journal Page 3374 HB 245 Representative Brice moved and asked unanimous consent that CSHB 245(RLS) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Brice: Page 9, line 6, following "AS 18.66.990": Insert "and for the approval of those programs" Page 10, line 18: Delete "January 1, 1999" Insert "on the later of (1) January 1, 1999, or (2) six months after the effective date of the regulations adopted by the Department of Corrections under AS 44.28.020(b), as amended by sec. 16 of this Act, relating to the approval of rehabilitation programs for perpetrators of domestic violence. The lieutenant governor and the commissioner of corrections shall notify the revisor of statutes when the regulations are filed." Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSHB 245(RLS) am pass the House?" The roll was taken with the following result: CSHB 245(RLS) am--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Moses, Nicholia, Phillips, Porter, Ryan, Sanders, Williams Nays: Barnes, James, Kelly, Kohring, Masek, Mulder, Therriault Absent: Bunde, Ogan, Rokeberg, Vezey 1998-04-30 House Journal Page 3375 HB 245 And so, CSHB 245(RLS) am 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 court rule changes. Representative Kubina objected and withdrew the objection. There being no further objection, it was so ordered. 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. CSHB 245(RLS) am was referred to the Chief Clerk for engrossment. MESSAGES FROM THE SENATE Representative Porter moved and asked unanimous consent that the House revert to Messages from the Senate. There being no objection, it was so ordered. HB 325 A message dated April 30, 1998, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 325(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) 1998-04-30 House Journal Page 3376 HB 325 The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Pearce, Chair Senator Sharp Senator Adams The House members of the Conference Committee are Representatives Hanley, Chair; and Representatives Therriault and Grussendorf (page 3350). HB 326 A message dated April 30, 1998, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 326(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 326(FIN) am S (same title) The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Pearce, Chair Senator Sharp Senator Adams The House members of the Conference Committee are Representatives Hanley, Chair; and Representatives Therriault and Grussendorf (page 3351). 1998-04-30 House Journal Page 3377 UNFINISHED BUSINESS HB 161 Representative James moved and asked unanimous consent that the following bill be withdrawn: HOUSE BILL NO. 161 "An Act relating to deregulation of public utilities furnishing collection and disposal service of waste material." There being no objection, HB 161 was withdrawn. HB 303 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Green, Chair: HOUSE BILL NO. 303 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault; and providing for an effective date." HB 303 was removed from the Judiciary Committee and referred to the Rules Committee for placement on the calendar. HB 475 Representative Rokeberg, Chair, moved and asked unanimous consent that, with concurrence of the Labor & Commerce Committee, the following bill be withdrawn: HOUSE BILL NO. 475 "An Act establishing a standard for determining when an injured worker is eligible for reemployment benefits and establishing a procedure for adopting a new, revised, or replacement standard for determining when an injured worker is eligible for reemployment benefits." There being no objection, HB 475 was withdrawn. SCR 22 Representatives Masek, James and Nicholia added their names as cross sponsors to: 1998-04-30 House Journal Page 3378 SCR 22 CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Relating to promotion of Kids Voting Alaska programs. SB 110 Representative Croft added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) "An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors." ENGROSSMENT HB 245 CSHB 245(RLS) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 481 CSHB 481(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 110 HCS CSSB 110(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 30, 1998. Submit written notice of a meeting at least 24 hours before the meeting to the Chief Clerk's office. The following meetings today have been changed as indicated: Judiciary Committee 1:00 p.m., 4/30 meeting CHANGED TO: 1:15 p.m., 4/30 1998-04-30 House Journal Page 3379 Resources Committee 1:00 p.m., 4/30 meeting CHANGED TO: 1:25 p.m., 4/30 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 1, 1998. There being no objection, the House adjourned at 1:13 p.m. Suzi Lowell Chief Clerk