Legislature(1997 - 1998)
1998-05-06 House Journal
Full Journal pdf1998-05-06 House Journal Page 3545 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday May 6, 1998 One Hundred Fifteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:48 a.m. Roll call showed 34 members present. Representative Kookesh had been previously excused from a call of the House today. Representative Barnes was excused from a call of the House due to illness and her presence was noted later. Representatives Hanley, Therriault, Vezey and Williams were absent and their presence was noted later. The invocation was sung by Teri Tibbett. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Peace Peace, I ask of thee, oh river, Peace, Peace, Peace When I learn to live serenely Cares will cease. From the hills I gather courage, Visions of the day to be, Strength to lead and faith to follow, All are given unto me. Peace, I ask of thee, oh river, Peace, Peace, Peace. 1998-05-06 House Journal Page 3546 The Pledge of Allegiance was led by Representative Foster. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 114th legislative day with the following corrections be approved as certified by the Chief Clerk. There being no objection, it was so ordered. Page 3538, under Sense of the House: Delete "$750,000,000" Insert "three-quarters of a billion dollars" SB 334 Page 3520, the Finance Committee recommends: HOUSE CS FOR CS FOR SENATE BILL NO. 334(FIN) (same title) SPECIAL ORDER OF BUSINESS Representative Masek moved and asked unanimous consent that the citation, Honoring - Tara Deal, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Masek moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Masek moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Tara Deal By Representatives Cowdery, Masek, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-06 House Journal Page 3547 MESSAGES FROM THE GOVERNOR SB 76 The following letter, dated May 5, 1998, was received: "Dear Speaker Phillips: On this date I have signed the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 76(FIN) am H "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." Chapter No. 27 SLA 1998 ¦Effective Date: August 3, 1998á I applaud the intent of this bill to move the state toward results-based budgeting and look forward to working with the Legislature on developing the specifics of how this process will be implemented. In signing this bill, I note it does not, and cannot conflict with other statutes outlining agency program responsibility. Nor may it contradict the Alaska Constitution regarding the restriction on appropriation bills. Consistent with my action and that of previous governors, I will continue to protect the constitutional mandate that appropriation bills be confined to designating state appropriations. Sincerely, /s/ Tony Knowles Governor" SB 180 The following letter, dated May 5, 1998, was received: "Dear Speaker Phillips: 1998-05-06 House Journal Page 3548 SB 180 On this date I have signed the following bill and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR SENATE BILL NO. 180(FIN) "An Act relating to state rights-of-way." Chapter No. 26, SLA 1998 ¦Effective Date: August 3, 1998á This bill lists 602 routes and trails, declares them to have been accepted by public use under the federal RS 2477 law, and requires the Department of Natural Resources to record the routes. The bills intent seems to be to secure public access for all Alaskans along rights-of- way developed under RS 2477, an 1866 federal law that provided, "The right of way for the construction of highways over public lands, not reserved for public uses, is hereby granted." I signed this bill because of my strong belief in the public access principle that inspired it. Access routes are among the States most valuable assets, for without access, natural resources could not be developed and Alaskas heritage of public lands would be off limits. However, I have serious reservations about the course this bill takes. It does nothing to assist the State in disputes over potential RS 2477 rights-of-way crossing federal land, as those disputes can only be resolved by suits in federal court under the Quiet Title Act. Strengthening the States case will take more detailed research, finishing the certification process, and surveying the routes that prove to qualify. Instead, the bill diverts funds and personnel needed for those tasks into recording all 602 routes. Recordation is appropriate as soon as each route is certified and surveyed, but at this point only 11 routes have reached the certification stage. Premature recordation of a route for which the status and location are uncertain does not help the State in court. In order for the Department of Natural Resources to carry through on recording these routes as required under this bill, it is essential the fiscal note be funded. Without funding, DNR will be unable to conduct this work. 1998-05-06 House Journal Page 3549 SB 180 Only my strong support for securing all RS 2477 access routes to which the State is legally entitled has caused me to put these misgivings aside and sign the bill. Sincerely, /s/ Tony Knowles Governor" MESSAGES FROM THE SENATE HB 193 A message dated May 5, 1998, was read stating the Senate has passed CSHB 193(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date." CSHB 193(FIN) am is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 5, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 264 CS FOR SENATE BILL NO. 264(FIN) am by the Senate Finance Committee, entitled: "An Act relating to municipal highway construction grants, to minimum payments under certain municipal aid programs, to aid for municipal road maintenance, and to the transfer of roads to municipalities; and providing for an effective date." 1998-05-06 House Journal Page 3550 SB 264 was read the first time and referred to the Finance Committee. SB 352 SENATE BILL NO. 352 by the Senate Transportation Committee, entitled: "An Act relating to international airports revenue bonds; and providing for an effective date." was read the first time and referred to the Rules Committee for placement on the calendar (similar to HB 432). REPORTS OF STANDING COMMITTEES HB 257 The Finance Committee has considered: HOUSE BILL NO. 257 "An Act relating to voter qualification, disqualification, and registration; to voter registration officials; to election notices; to mail elections; to certain voting procedures; to the transportation of ballots; and to the official election pamphlet and certain immunity from liability regarding claims arising from publication of the official election pamphlet." and recommends it be replaced with: CS FOR HOUSE BILL NO. 257(FIN) "An Act relating to elections, to voter registration, and to candidates for election; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Mulder, Grussendorf, Moses, Davis, Kelly No recommendation (1): Therriault 1998-05-06 House Journal Page 3551 HB 257 The following fiscal note applies to CSHB 257(FIN) Fiscal note, Office of the Governor, 5/6/98 HB 257 is on today's calendar. HB 344 The Finance Committee has considered: HOUSE BILL NO. 344 "An Act relating to paternity establishment and child support; relating to the crimes of criminal nonsupport and aiding the nonpayment of child support; and amending Rule 37(b)(2)(D), Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 344(FIN) "An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (1): Martin Do not pass (1): Kohring No recommendation (4): Therriault, Kelly, Davis, Mulder The following fiscal notes apply to CSHB 344(FIN): Indeterminate fiscal note, Dept. of Administration, 1/23/98 Zero fiscal note, Dept. of Community and Regional Affairs, 5/6/98 Zero fiscal note Dept. of Administration, 2/18/98 Zero fiscal notes (2), Dept. of Administration, 1/23/98 Zero fiscal note, Dept. of Revenue, 1/23/98 1998-05-06 House Journal Page 3552 HB 344 HB 344 was referred to the Rules Committee for placement on the calendar. HB 375 The Finance Committee has considered: HOUSE BILL NO. 375 "An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to registration of certain sex offenders; relating to sentencing for certain crimes involving child victims; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; authorizing the establishment of a multidisciplinary child protection team to review reports of child abuse or neglect; relating to immunity from liability for certain state actions concerning matters involving child protection and fatality reviews and children in need of aid; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and to payment for children in foster and other care and the waiver of certain foster care requirements; relating to the access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 375(FIN) "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state 1998-05-06 House Journal Page 3553 HB 375 medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules." The report was signed by Representative Mulder, Vice Chair, with the following individual recommendations: Do pass (2): Davies, Grussendorf Do not pass (1): Kohring No recommendation (4): Mulder, Moses, Davis, Kelly The following fiscal notes apply to CSHB 375(FIN): Fiscal note, Dept. of Health & Social Services, 4/7/98 Fiscal note, Dept. of Corrections, 4/7/98 Fiscal note, Alaska Court System, 4/7/98 Indeterminate fiscal note, Office of the Governor/Various Depts., 2/2/98 HB 375 is on today's calendar. HB 434 The Judiciary Committee has considered: 1998-05-06 House Journal Page 3554 HB 434 HOUSE BILL NO. 434 "An Act requiring drug testing for applicants for and recipients of assistance under the Alaska temporary assistance program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 434(JUD) "An Act relating to family self-sufficiency plans under the Alaska temporary assistance program; relating to the assessment of recipients of assistance under the Alaska temporary assistance program for the use of alcohol and controlled substances and compliance with recommendations of the assessment as a condition of the recipient's family self-sufficiency plan; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (4): Porter, Green, Berkowitz, Croft The following fiscal notes apply to CSHB 434(JUD): Fiscal notes (2), Dept. of Health & Social Services, 5/2/98 HB 434 was referred to the Rules Committee for placement on the calendar. HB 490 The Finance Committee has considered: HOUSE BILL NO. 490 "An Act relating to insurance premium taxes." and recommends it be replaced with: 1998-05-06 House Journal Page 3555 HB 490 CS FOR HOUSE BILL NO. 490(FIN) "An Act relating to insurance premium taxes and to insurance taxes, licenses, or fees imposed by another state or country; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (4): Therriault, Mulder, Martin, Kohring No recommendation (4): Davies, Grussendorf, Moses, Kelly The following fiscal note applies to CSHB 490(FIN): Fiscal note, Dept. of Commerce & Economic Development, 5/2/98 HB 490 was referred to the Rules Committee for placement on the calendar. SCR 11 The Finance Committee has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 11(FIN) Creating the Long-Term Care Task Force. The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (2): Davies, Grussendorf Do not pass (1): Kohring No recommendation (4): Therriault, Mulder, Martin, Davis The following fiscal notes apply: Senate fiscal note, Legislative Affairs Agency, 3/4/98 Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/4/98 Senate zero fiscal note, Office of the Governor, 3/4/98 1998-05-06 House Journal Page 3556 SCR 11 CSSCR 11(FIN) was referred to the Rules Committee for placement on the calendar. SB 105 The Finance Committee has considered: CS FOR SENATE BILL NO. 105(FIN) am "An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of 'public official' for employment security statutes; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 105(FIN) "An Act relating to legislative and executive branch ethics; relating to campaign finances for candidates for state or municipal office; relating to the conduct and regulation of lobbyists with respect to public officials; relating to the filing of disclosures by certain state employees and officials; making a conforming amendment to the definition of 'public official' for employment security statutes; and providing for an effective date." (technical title change) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Mulder, Martin, Davies No recommendation (4): Therriault, Grussendorf, Davis, Kelly Amend (1): Kohring The following fiscal notes apply to HCS CSSB 105(FIN): Fiscal note, Dept. of Administration, 5/6/98 Fiscal note, Dept. of Law, 4/23/98 1998-05-06 House Journal Page 3557 SB 105 Zero fiscal note, House Finance Committee/Legislative Affairs Agency, 5/6/98 Zero fiscal note, Dept. of Administration, 5/6/98 Zero fiscal note, Select Committee on Legislative Ethics, 4/23/98 CSSB 105(FIN) am was referred to the Rules Committee for placement on the calendar. SB 114 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 114(JUD) "An Act relating to contributions from employee compensation for political purposes; and prohibiting certain kinds of discrimination against employees for political purposes." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Rokeberg Do not pass (2): Croft, Berkowitz No recommendation (2): Porter, Green The following fiscal note applies: Fiscal note, Dept. of Administration, 5/6/98 CSSB 114(JUD) was referred to the Finance Committee. SB 153 The Finance Committee has considered: SENATE BILL NO. 153 "An Act relating to issuance of special license plates to commemorate the arts." and recommends it be replaced with the following committee substitute with a new title to be authorized by HCR 36: 1998-05-06 House Journal Page 3558 SB 153 HOUSE CS FOR SENATE BILL NO. 153(FIN) "An Act relating to issuance of special license plates." The report was signed by Representative Mulder, Vice Chair, with the following individual recommendations: Do pass (3): Mulder, Moses, Davies Do not pass (2): Kohring, Davis No recommendation (1): Martin The following fiscal note applies to HCS SB 153(FIN): Fiscal note, Dept. of Administration, 4/16/98 SB 153 was referred to the Rules Committee for placement on the calendar. SB 218 The Finance Committee has considered: CS FOR SENATE BILL NO. 218(FIN) "An Act relating to the crimes of murder, manslaughter, and criminally negligent homicide; relating to homicides of children; and relating to the crime of interference with custody of a child or incompetent person." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 218(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (8): Therriault, Mulder, Kohring, Martin, Davies, Grussendorf, Moses, Kelly 1998-05-06 House Journal Page 3559 SB 218 The following fiscal notes apply to HCS CSSB 218(FIN): Senate indeterminate fiscal note, Dept. of Administration, 2/12/98 Senate zero fiscal note, Dept. of Corrections, 2/12/98 Senate zero fiscal note, Dept. of Labor, 2/12/98 CSSB 218(FIN) was referred to the Rules Committee for placement on the calendar. SB 232 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 232(JUD) "An Act relating to electronic signatures, electronic records, requirements for records, and the reproduction of public records." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Porter, James, Berkowitz No recommendation (1): Green The following fiscal note applies: Senate zero fiscal note, Office of the Governor/All Depts., 4/1/98 CSSB 232(JUD) was referred to the Rules Committee for placement on the calendar. SB 254 The Judiciary 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." 1998-05-06 House Journal Page 3560 SB 254 The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Croft, Porter, Green, James The following fiscal note applies: Senate zero fiscal note, Dept. of Revenue, 3/12/98 CSSB 254(FIN) was referred to the Rules Committee for placement on the calendar. SB 281 The Finance Committee has considered: CS FOR SENATE BILL NO. 281(RES) "An Act relating to general grant land entitlements for the City and Borough of Yakutat; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 281(CRA) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Mulder, Kohring, Davies, Moses, Davis, Kelly No recommendation (2): Therriault, Martin The following fiscal note applies to HCS CSSB 281(CRA): Senate fiscal note, Dept. of Natural Resources, 4/17/98 CSSB 281(RES) was referred to the Rules Committee for placement on the calendar. 1998-05-06 House Journal Page 3561 SB 329 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 329(JUD) am "An Act relating to the regulation authority, exemptions, and definitions of the Alaska Business License Act." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 329(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Croft, Porter, Green, James The following fiscal note applies to HCS CSSB 329(JUD): Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/18/98 CSSB 329(JUD) am was referred to the Rules Committee for placement on the calendar. **The presence of Representative Vezey was noted. SB 336 The Finance Committee has considered: CS FOR SENATE BILL NO. 336(L&C) "An Act relating to excluding professional hockey team members from workers' compensation coverage." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Mulder, Kohring, Davies No recommendation (5): Therriault, Martin, Grussendorf, Davis, Kelly 1998-05-06 House Journal Page 3562 SB 336 The following fiscal note applies: Senate zero fiscal note, Dept. of Labor, 3/23/98 CSSB 336(L&C) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Earl Samuelson By Representative Ivan Honoring - Nulato Wolves Girls' Basketball Team, Class 2-A Fifth Place Champions By Representative Nicholia; Senator Lincoln Honoring - Mathea and Jack Doyle, 50th Wedding Anniversary By Representative Cowdery Honoring - Glennallen Elementary Students, 1998 Battle of the Books State Champions By Senator Lincoln; Representatives Kubina, Nicholia In Memoriam - Jimmy Malamute, Sr. By Representative Bunde INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 by the House Finance Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 153, relating to special request motor vehicle license plates to commemorate the arts. 1998-05-06 House Journal Page 3563 HCR 36 was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 257 The following was read the second time: HOUSE BILL NO. 257 "An Act relating to voter qualification, disqualification, and registration; to voter registration officials; to election notices; to mail elections; to certain voting procedures; to the transportation of ballots; and to the official election pamphlet and certain immunity from liability regarding claims arising from publication of the official election pamphlet." with the: Journal Page STA RPT CS(STA) NT 2DP 3NR 3195 FISCAL NOTE (GOV) 3196 STA CMTE SUBMITTED CORRECTED CS 3230 FIN RPT CS(FIN) NT 5DP 1NR 3550 FISCAL NOTE (GOV) 3551 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. 257(FIN) "An Act relating to elections, to voter registration, and to candidates for election; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Mulder: Page 1, line 1, following "elections," (title amendment): Insert "to election officials and election workers," 1998-05-06 House Journal Page 3564 HB 257 Page 7, following line 22: Insert a new bill section to read: "* Sec. 13. AS 23.20.526(d) is amended to read: (d) For the purposes of AS23.20.525(a)(4) - (6) and (14), the term "employment" does not apply to service performed (1) by a duly ordained, commissioned, or licensed minister of a church in the exercise of the persons ministry or by a member of a religious order in the exercise of duties required by the order; (2) in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury or providing remunerative work for individuals who, because of their impaired physical or mental capacity, cannot be readily absorbed in the competitive labor market by an individual receiving the rehabilitation or remunerative work; (3) as part of an unemployment work-relief or work- training program assisted or financed in whole or in part by any federal agency or any agency of a state or political subdivision of the state, by an individual receiving work relief or work training; (4) for a state hospital by an inmate of a prison or correctional institution; (5) in the employ of a school, college, or university ¦,á if the service is performed by a student who is enrolled and is regularly attending classes at the school, college, or university; (6) by an individual under the age of 22 who is enrolled at a nonprofit or public educational institution that ¦WHICHá normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at the institution, which combines academic instruction with work experience ¦,á if the service is an integral part of the program ¦,á and the institution has so certified to the employer, except that this paragraph does not apply to service performed in a program established for or on behalf of an employer or group of employers; (7) in the employ of a hospital ¦,á if the service is performed by a patient of the hospital, as defined in AS 23.20.520; 1998-05-06 House Journal Page 3565 HB 257 (8) in the employ of the state or a political subdivision of the state if the service is performed by an individual in the exercise of duties (A) as a "public official" as defined in AS39.50.200(a), any other elected official, the fiscal analyst of the legislative finance division, the legislative auditor of the legislative audit division, the executive director of the Legislative Affairs Agency, and the directors of the divisions within the Legislative Affairs Agency; (B) as a member of the Alaska Army National Guard or Alaska Air National Guard or Alaska Naval Militia; ¦ORá (C) as an employee serving on only a temporary basis in case of fire, storm, snow, earthquake, flood, or similar emergency; or (D) as an election official or election worker if the amount of remuneration received by the individual during the calendar year for services as an election official or election worker is less than $1,000; (9) in the employ of (A) a church or a convention or association of churches; or (B) an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church or a convention or association of churches." Renumber the following bill section accordingly. Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 257(FIN) am "An Act relating to elections, to election officials and election workers, to voter registration, and to candidates for election; and providing for an effective date." 1998-05-06 House Journal Page 3566 HB 257 Amendment No. 2 was offered by Representative Rokeberg: Page 7, lines 19 - 22: Delete all material. Renumber the following bill section accordingly. Representative Rokeberg moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Representative Rokeberg moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Rokeberg: Page 7, line 22, following "candidate.": Insert "All photographs shall be printed in black and white." Representative Rokeberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Davies objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 257(FIN) am Second Reading Amendment No. 3 YEAS: 19 NAYS: 13 EXCUSED: 2 ABSENT: 6 Yeas: Austerman, Brice, Davis, Dyson, Hudson, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey 1998-05-06 House Journal Page 3567 HB 257 Nays: Berkowitz, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hodgins, Joule, Kemplen, Kubina, Moses, Porter Excused: Barnes, Kookesh Absent: Cowdery, Foster, Hanley, Kott, Therriault, Williams And so, Amendment No. 3 was adopted. Representative Porter moved and asked unanimous consent that CSHB 257(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 257(FIN) am was read the third time. **The presence of Representative Williams was noted. The question being: "Shall CSHB 257(FIN) am pass the House?" The roll was taken with the following result: CSHB 257(FIN) am Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 2 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Sanders, Vezey, Williams Nays: Rokeberg Excused: Barnes, Kookesh Absent: Cowdery, Hanley, Ogan, Therriault And so, CSHB 257(FIN) am passed the House. 1998-05-06 House Journal Page 3568 HB 257 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 257(FIN) am was referred to the Chief Clerk for engrossment. HB 369 The following was read the second time: HOUSE BILL NO. 369 "An Act relating to Medicaid coverage for certain eligible children and pregnant women; relating to primary care case management and managed care services as optional services and to premiums and cost-sharing contributions under the Medicaid program; establishing the Healthy Families Alaska program; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NT 2DP 2AM 2939 4 FISCAL NOTES (DHSS) 2939 FIN RPT CS(FIN) NT 5DP 3NR 3238 4 FISCAL NOTES (DHSS) 4/9/98 3239 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. 369(FIN) "An Act relating to Medicaid coverage for certain eligible children; relating to primary care case management and managed care services as optional services under the Medicaid program; relating to premiums and cost-sharing contributions under the Medicaid program; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Kubina and Bunde: Page 1, line 1, following "children" (title amendment): Insert "and pregnant women" 1998-05-06 House Journal Page 3569 HB 369 Page 1, following line 10: Insert a new paragraph to read: "(13) pregnant women who are not covered under (a) of this section and whose household income does not exceed 200 percent of the federal poverty line as defined by the federal office of management and budget and revised under 42 U.S.C. 9902(2)." Page 1, line 6: Delete "a new paragraph" Insert "new paragraphs" Page 1, line 10, following "42 U.S.C. 9902(2).": Delete "." Insert ";" Representative Kubina moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. **The presence of Representative Hanley was noted. Representative Kelly placed a call of the House. **The presence of Representative Therriault was noted. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 369(FIN) Second Reading Amendment No. 1 YEAS: 22 NAYS: 16 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kubina, Masek, Moses, Nicholia, Phillips, Porter, Rokeberg, Williams 1998-05-06 House Journal Page 3570 HB 369 Nays: Austerman, Cowdery, Dyson, Green, Hanley, Hodgins, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Ryan, Sanders, Therriault, Vezey Excused: Barnes, Kookesh And so, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 369(FIN) am "An Act relating to Medicaid coverage for certain eligible children and pregnant women; relating to primary care case management and managed care services as optional services under the Medicaid program; relating to premiums and cost-sharing contributions under the Medicaid program; and providing for an effective date." Representative Porter moved and asked unanimous consent that CSHB 369(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard and withdrawn. There being no further objection, CSHB 369(FIN) am was advanced to third reading. CSHB 369(FIN) am was read the third time. The question being: "Shall CSHB 369(FIN) am pass the House?" The roll was taken with the following result: CSHB 369(FIN) am Third Reading Final Passage YEAS: 23 NAYS: 13 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kelly, Kemplen, Kubina, Masek, Moses, Nicholia, Phillips, Porter, Rokeberg, Williams Nays: Cowdery, Dyson, Green, Hanley, Hodgins, Kohring, Kott, Martin, Mulder, Ogan, Ryan, Sanders, Vezey Excused: Barnes, Kookesh 1998-05-06 House Journal Page 3571 HB 369 Absent: James, Therriault And so, CSHB 369(FIN) am passed the House. 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: CSHB 369(FIN) am Third Reading Effective Date YEAS: 30 NAYS: 6 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams Nays: Dyson, Kohring, Ogan, Ryan, Sanders, Vezey Excused: Barnes, Kookesh Absent: James, Therriault And so, the effective date clause was adopted. Representative Porter moved and asked unanimous consent that the following Letter of Intent for CSHB 369(FIN) am be adopted: "It is the intent of the legislature that funds expended for expansion of coverage for pregnant women under this Act will not be used for funding abortions except as required under the Hyde amendment." The question being: "Shall the Letter of Intent for CSHB 369(FIN) am be adopted?" The roll was taken with the following result: 1998-05-06 House Journal Page 3572 HB 369 CSHB 369(FIN) am Third Reading Letter of Intent YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Excused: Barnes, Kookesh Absent: James, Therriault And so, the House Letter of Intent was adopted. Representative Mulder gave notice of reconsideration of his vote on CSHB 369(FIN) am. HB 375 The following was read the second time: HOUSE BILL NO. 375 "An Act relating to children in need of aid matters and proceedings; relating to murder of children, criminally negligent homicide, kidnapping, criminal nonsupport, the crime of indecent exposure, and the crime of endangering the welfare of a child; relating to registration of certain sex offenders; relating to sentencing for certain crimes involving child victims; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access, confidentiality, and release of certain information concerning the care of children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; authorizing the establishment of a multidisciplinary child protection team to review reports of child abuse or neglect; 1998-05-06 House Journal Page 3573 HB 375 relating to immunity from liability for certain state actions concerning matters involving child protection and fatality reviews and children in need of aid; relating to persons required to report suspected child abuse or neglect; relating to foster care placement and to payment for children in foster and other care and the waiver of certain foster care requirements; relating to the access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; amending Rules 1, 3, 15, 18, and 19, Alaska Child in Need of Aid Rules; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NT 5DP 2898 3 FNS (COR, DHSS, COURT) 2900 INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98 2900 JUD RPT CS(JUD) NT 1DP 1NR 2AM 3275 3 FNS (COR, DHSS, COURT) 4/7/98 3277 INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98 3277 FIN RPT CS(FIN) NT 2DP 1DNP 4NR 3552 3 FNS (COR, DHSS, COURT) 4/7/98 3553 INDETERMINATE FN (GOV/VAR DEPTS) 2/2/98 3553 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. 375(FIN) "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment 1998-05-06 House Journal Page 3574 HB 375 of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ogan: Page 1, line 5, following "victims;"(title amendment): Insert "relating to modification of child support orders by the child support enforcement agency;" Page 14, following line 9: Insert a new bill section to read: "* Sec. 15. AS25.27 is amended by adding a new section to read: Sec. 25.27.194. Processing time for modification of support orders. The agency shall use its best efforts to process modifications of support orders under AS 25.27.190 and 25.27.193 in a manner that will result in the same average processing time for modifications that increase obligors' responsibilities as for modifications that decrease obligors' responsibilities." Renumber the following bill sections accordingly. Renumber internal references to bill sections in accordance with this amendment. Below are all internal bill section references in this bill: Page 55, line 8 Page 55, line 11 Page 55, line 14 Page 55, line 17 Page 55, line 19 Page 55, line 26 Page 55, line 31 Page 56, line 8 Page 56, line 11 1998-05-06 House Journal Page 3575 HB 375 Page 56, line 13 Page 56, line 14 Page 56, line 17 Page 56, line 20 Page 56, line 26 Page 56, line 29 Page 57, line 5 Page 57, line 8 Page 57, line 9 Page 57, line 12 Page 57, line 19 Page 58, line 2 Page 58, line 5 Page 58, line 10 Page 58, line 13 Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 375(FIN) am "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to kidnapping and the crime of endangering the welfare of a child; relating to sentencing for certain crimes; relating to the state medical examiner and reviews of child fatalities; relating to teacher certification and convictions of crimes involving child victims; relating to modification of child support orders by the child support enforcement agency; relating to access to, confidentiality of, and release of certain information concerning children, child abuse and neglect, and child fatalities; authorizing the Department of Health and Social Services to enter into an interstate compact concerning adoption and medical assistance for certain children with special needs; relating to the review of cases involving certain children who are in the custody of the state; authorizing the establishment of multidisciplinary child protection teams and relating to their duties; relating to persons required to report suspected child abuse or neglect; relating to foster care and 1998-05-06 House Journal Page 3576 HB 375 foster parents; relating to access to certain criminal justice information and licensure of certain child care facilities; amending Rule 218, Alaska Rules of Appellate Procedure; and amending Rules 3, 7, 10, 15, 18, 19, and 22, Alaska Child in Need of Aid Rules." Amendment No. 2 was offered by Representative Davies: Page 2, line 3, following "facilities;"(title amendment): Insert "relating to determinations of child custody and visitation in situations involving domestic violence;" Page 13, line 27: Insert new bill sections to read: "* Sec. ____ AS 25.20.061 is amended to read: Sec. 25.20.061. Presumptions ¦VISITATIONá in proceedings involving domestic violence. (a) If the court finds by a preponderance of the evidence that domestic violence as defined in AS 18.66.990(3)(A) has occurred, rebuttable presumptions arise that it is (1) detrimental to the child and not in the best interest of the child to be placed in sole custody, joint legal custody, or joint physical custody with the perpetrator of the domestic violence; and (2) in the best interest of the child to reside with the parent who is not a perpetrator of domestic violence in a location of that parents choice, inside or outside the state. (b) In addition to the rebuttable presumptions that a court must consider under (a) of this section, if the court finds that domestic violence has occurred, the court shall consider the following factors in making an award of child custody: (1) the safety and well-being of the child or of the parent who is the victim of domestic violence; (2) the perpetrators history of causing physical harm, bodily injury, or assault, or of causing reasonable fear of physical harm, bodily injury, or assault to another person. (c) If a parent is absent or relocates because of an act of domestic violence by the other parent, the court may not consider the absence or relocation as a factor against that parent in determining custody. 1998-05-06 House Journal Page 3577HB 375 (d) The court may award ¦IFá visitation ¦IS AWARDEDá to a parent who has committed a crime involving domestic violence, against the other parent or a child of the two parents, only if the court finds the safety of the child and the other parent can be protected. (e) If visitation is awarded under (d) of this section [WITHIN THE FIVE YEARS PRECEDING THE AWARD OF VISITATIONá, the court may set conditions for the visitation, including the following: (1) the transfer of the child for visitation must occur in a protected setting; (2) visitation shall be supervised by another person or agency and under specified conditions as ordered by the court; (3) the perpetrator shall attend and complete, to the satisfaction of the court, a program for the rehabilitation of perpetrators of domestic violence that meets the standards set by the Department of Corrections under AS 44.28.020(b), or other counseling; the perpetrator shall be required to pay the costs of the program or other counseling; (4) the perpetrator shall abstain from possession or consumption of alcohol or controlled substances during the visitation and for 24 hours before visitation; (5) the perpetrator shall pay costs of supervised visitation as set by the court; (6) the prohibition of overnight visitation; (7) the perpetrator shall post a bond to the court for the return and safety of the child; and (8) any other condition necessary for the safety of the child, the other parent, or other household member. * Sec. ___ AS25.20.070 is amended to read: Sec. 25.20.070. Temporary custody of the child. Unless it is shown to be detrimental to the welfare of the child or the court determines that domestic violence has occurred, the child shall have, to the greatest degree practical, equal access to both parents during the time that the court considers an award of custody under AS 25.20.060 - 25.20.130. * Sec. ____ AS25.20.090 is amended to read: Sec. 25.20.090. Factors for consideration in awarding shared child custody. In determining whether to award shared custody of a child the court shall consider (1) presumptions under AS25.20.061; 1998-05-06 House Journal Page 3578 HB 375 (2) the childs preference if the child is of sufficient age and capacity to form a preference; (3) ¦(2)á the needs of the child; (4) ¦(3)á the stability of the home environment likely to be offered by each parent; (5) ¦(4)á the education of the child; (6) ¦(5)á the advantages of keeping the child in the community where the child presently resides; (7) ¦(6)á the optimal time for the child to spend with each parent considering (A) the actual time spent with each parent; (B) the proximity of each parent to the other and to the school in which the child is enrolled; (C) the feasibility of travel between the parents; (D) special needs unique to the child that may be better met by one parent than the other; (E) which parent is more likely to encourage frequent and continuing contact with the other parent; (8) ¦(7)á any findings and recommendations of a neutral mediator; (9) ¦(8)á any evidence of domestic violence, child abuse, or child neglect in the proposed custodial household or a history of violence between the parents; (10) ¦(9)á evidence that substance abuse by either parent or other members of the household directly affects the emotional or physical well-being of the child; (11) ¦(10)á other factors the court considers pertinent." Renumber the remaining bill sections according. Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Dyson objected. Representative Bunde placed a call of the House. Amendment to Amendment No. 2 was offered by Representative Porter: 1998-05-06 House Journal Page 3579 HB 375 Under Sec. 25.20.061(d), following "parent can be": Insert "reasonably" Representative Porter moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Bunde lifted the call. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 2, as amended. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 375(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. The Speaker stated that, without objection, the third reading of CSHB 375(FIN) am would be waived. The question being: "Shall CSHB 375(FIN) am pass the House?" The roll was taken with the following result: CSHB 375(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Kohring Excused: Barnes, Kookesh Absent: Hanley, Therriault And so, CSHB 375(FIN) am passed the House. 1998-05-06 House Journal Page 3580 HB 375 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. There being no 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 375(FIN) am was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would recess until 2:00 p.m.; and so, the House recessed at 1:32 p.m. AFTER RECESS The Speaker called the House back to order at 2:20 p.m. A second quorum call showed 24 members present. SECOND READING OF SENATE BILLS SB 285 The following was read the second time: SENATE BILL NO. 285 "An Act relating to state procurement practices." with the: Journal Page FIN RPT HCS(FIN) 4DP 1DNP 2AM 3397 2 SENATE ZERO FNS (DOT, DCED) 2/26/98 3398 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 285(FIN) (same title) There being no objection, it was so ordered. 1998-05-06 House Journal Page 3581 SB 285 Amendment No. 1 was offered by Representative Davies: Page 2, lines 6 and 7, following "signalization": Insert "and flagging" Representative Kelly moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS SB 285(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 285(FIN) am H was read the third time. Representative Kelly placed a call of the House and lifted the call. The question being: "Shall HCS SB 285(FIN) am H pass the House?" The roll was taken with the following result: HCS SB 285(FIN) am H Third Reading Final Passage YEAS: 23 NAYS: 11 EXCUSED: 2 ABSENT: 4 Yeas: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kubina, Martin, Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kott, Mulder, Nicholia, Sanders Excused: Barnes, Kookesh Absent: Hanley, Moses, Therriault, Vezey And so, HCS SB 285(FIN) am H passed the House. Representative Davies gave notice of reconsideration of his vote on HCS SB 285(FIN) am H. 1998-05-06 House Journal Page 3582 SB 330 The following was read the second time: CS FOR SENATE BILL NO. 330(RES) "An Act relating to locations of underground facilities and excavations in the area of underground facilities." with the: Journal Page RES RPT HCS(RES) 1DP 6NR 3242 SENATE ZERO FISCAL NOTE (DCED) 4/8/98 3242 SENATE ZERO FISCAL NOTE (S.L&C) 3/23/98 3242 L&C RPT HCS(RES) 2DP 2NR 3469 SENATE ZERO FISCAL NOTE (DCED) 4/8/98 3469 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. 330(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Rokeberg and Kott: Page 4, line 23, following "(a)": Delete "A" Insert "In addition to all other remedies provided by law, a" Representative Rokeberg 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. Representative Porter moved and asked unanimous consent that HCS CSSB 330(RES) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Vezey objected. 1998-05-06 House Journal Page 3583 SB 330 The question being: "Shall HCS CSSB 330(RES) am H be advanced to third reading on the same day?" The roll was taken with the following result: HCS CSSB 330(RES) am H Second Reading Advance to Third Reading YEAS: 34 NAYS: 2 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Berkowitz, Vezey Excused: Barnes, Kookesh Absent: Hanley, Therriault And so, the motion passed. HCS CSSB 330(RES) am H was read the third time. **The presence of Representative Barnes was noted. The question being: "Shall HCS CSSB 330(RES) am H pass the House?" The roll was taken with the following result: HCS CSSB 330(RES) am H Third Reading Final Passage YEAS: 21 NAYS: 16 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Cowdery, Croft, Davis, Foster, Green, Hodgins, Hudson, Ivan, Joule, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Sanders, Williams 1998-05-06 House Journal Page 3584 SB 330 Nays: Berkowitz, Bunde, Davies, Dyson, Elton, Grussendorf, James, Kelly, Kemplen, Kohring, Kubina, Moses, Nicholia, Ogan, Ryan, Vezey Excused: Kookesh Absent: Hanley, Therriault And so, HCS CSSB 330(RES) am H passed the House. Representative Berkowitz gave notice of reconsideration of his vote on HCS CSSB 330(RES) am H. THIRD READING OF SENATE BILLS SB 250 The following, which was advanced to third reading from the May5, 1998 calendar (page 3529) was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) "An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game; and providing for an effective date." The question being: "Shall HCS CSSB 250(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 250(FIN) Third Reading Final Passage YEAS: 26 NAYS: 10 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia 1998-05-06 House Journal Page 3585 SB 250 Excused: Kookesh Absent: Hanley, Kott, Therriault And so, HCS CSSB 250(FIN) passed the House. 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 250(FIN) Third Reading Effective Date YEAS: 30 NAYS: 7 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Berkowitz, Brice, Elton, Grussendorf, Joule, Kemplen, Nicholia Excused: Kookesh Absent: Hanley, Therriault And so, the effective date clause was adopted. Representative Berkowitz gave notice of reconsideration of his vote on HCS CSSB 250(FIN). 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: 1998-05-06 House Journal Page 3586 Honoring - Valdez High School, Academic Decathlon Champions, and Kim Mackey, Academic Decathlon Coach of the Year By Representatives Kubina, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Lincoln Honoring - Billy Parks By Representatives Green, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Native Science Fair Participants By Representatives Joule, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams Honoring - Robert "Big Bob" Aiken By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Adams Honoring - Larry Holmes By Representatives Bunde, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Tanana Wolves Boys Basketball Team, Class 2A Third Place Champions By Representatives Nicholia, Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Lincoln 1998-05-06 House Journal Page 3587 In Memoriam - Dorothy I. Clifton, Grand Dame of Valdez By Representatives Kubina, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Lincoln In Memoriam - Marie Wood By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams In Memoriam - Mike Harr By Representatives Kelly, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Nancy Kingsbury By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Angelika "Angie" Dawn Gardner By Senators Halford, Phillips; Representatives Dyson, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Edward W. "Ted" Wilson By Senators Halford, Phillips; Representatives Dyson, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-06 House Journal Page 3588 UNFINISHED BUSINESS Pursuant to AS 24.55.020 the Speaker made the following appointments to the ombudsman selection committee: Representative James, Co-chair Representative Kubina Representative Phillips HB 434 The Speaker added a Finance Committee referral to the following: HOUSE BILL NO. 434 "An Act requiring drug testing for applicants for and recipients of assistance under the Alaska temporary assistance program; and providing for an effective date." HB 434 was removed from the Rules Committee and referred to the Finance Committee. CONCUR IN SENATE AMENDMENTS HB 193 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3549) on the following at this time: CS FOR HOUSE BILL NO. 193(FIN) am "An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) (same title) There being no objection, it was so ordered. 1998-05-06 House Journal Page 3589 HB 193 Representative Porter moved that the House concur in the Senate amendment to CSHB 193(FIN) am, thus adopting SCS CSHB 193(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 193(FIN) am?" The roll was taken with the following result: SCS CSHB 193(FIN) Concur YEAS: 32 NAYS: 0 EXCUSED: 1 ABSENT: 7 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kubina, Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Excused: Kookesh Absent: Grussendorf, Hanley, Hodgins, Kelly, Kott, Mulder, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 193(FIN). 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 193(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Vezey moved that it be the Sense of the House that the total amount of money borrowed from all sources to fund the Fiscal Year 1999 budget not exceed one billion dollars. Representative Porter objected. 1998-05-06 House Journal Page 3590 The question being: "Shall it be the Sense of the House that the total amount of money borrowed from all sources to fund the Fiscal Year 1999 budget not exceed one billion dollars?" The roll was taken with the following result: Sense of the House Fiscal Year 1999 Budget Borrowed Funds-Not Exceed One Billion Dollars YEAS: 5 NAYS: 28 EXCUSED: 1 ABSENT: 6 Yeas: Berkowitz, Croft, Davies, Grussendorf, Vezey Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kubina, Martin, Masek, Moses, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Excused: Kookesh Absent: Hanley, Kelly, Kott, Mulder, Ogan, Therriault James changed from "Yea" to "Nay". Davies changed from "Nay" to "Yea". And so, the motion failed. SB 305 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Green, Chair: CS FOR SENATE BILL NO. 305(L&C) "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." CSSB 305(L&C) was removed from the Judiciary Committee and referred to the Rules Committee for placement on the calendar. 1998-05-06 House Journal Page 3591 HCR 13 Representative Rokeberg added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 13 Relating to management of Alaska's wildlife resources. ENGROSSMENT HB 257 CSHB 257(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT AND ENROLLMENT HB 2 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:30 p.m., May 5, 1998: 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 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 1998-05-06 House Journal Page 3592 HB 2 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." ENROLLMENT HJR 53 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:00 p.m., May 6, 1998: HOUSE JOINT RESOLUTION NO. 53 am S Relating to support for federal legislation providing for the continuation of the University of Alaska by the conveyance of federal land to the university. HB 199 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:30 p.m., May 5, 1998: CS FOR HOUSE BILL NO. 199(JUD) "An Act relating to the property, transactions, and obligations of spouses; relating to the augmented estate; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date." 1998-05-06 House Journal Page 3593 HB 321 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:30 p.m., May 5, 1998: HOUSE BILL NO. 321 am "An Act relating to trusts, to the prudent investor rule, and to standards of care applicable to personal representatives, conservators, and trustees; and providing for an effective date." HB 387 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:00 p.m., May 6, 1998: CS FOR HOUSE BILL NO. 387(L&C) "An Act relating to dentists." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Judiciary Committee 1:00 p.m., 5/6 meeting CHANGED TO: 3:20 p.m., 5/6 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 7, 1998. There being no objection, the House adjourned at 3:03 p.m. Suzi Lowell Chief Clerk