Legislature(1997 - 1998)
1998-05-11 House Journal
Full Journal pdf1998-05-11 House Journal Page 3767 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday May 11, 1998 One Hundred Twentieth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 4:57 p.m. Roll call showed 22 members present. Representatives Barnes, Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Hanley, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain designee, Bill Dean of the Valley Chapel. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: DANIEL 9:4,5,8,9 O Lord, great and awesome God, who keeps His covenant and mercy with those who love Him, and with those who keep His commandments, we have sinned and committed iniquity, we have done wickedly and rebelled, even by departing from Your precepts and Your judgements. O Lord, to us belongs shame of face, to our kings, our princes, and our fathers, because they have sinned against You. To the Lord our God belong mercy and forgiveness, though we have rebelled against Him. 1998-05-11 House Journal Page 3768 "Heavenly Father, My heart is overwhelmed that You would reach down and grasp my hand to pull me up out of the quicksand. I have sinned greatly against You and Your people and like the Apostle Paul have been caught up short by Your power, mercy and awesome love, a love that is almost incomprehensible. For You are LOVE, yet holy and a just God who loves to reveal Yourself to all men everywhere. Holy Father, we have sinned greatly against You and I humbly ask Your mercy and forgiveness for our sins. I thank You that because of the supreme act of Jesus who laid down His life for all of mankind, that we have access to You, if only we will humble ourselves under the mighty hand of God and turn from our ways to You. Then, You will remove the veil from our spiritual eyes. Father, Your servants here today are tired and in need of rest. They have worked very hard and, now that session is about over, are looking forward to well deserved time with their families and loved ones. I appreciate them very much. Grant them Your wisdom in these last two days of session and may they humbly unite together to know and do Your will. I bless them in Jesus' name and Holy Spirit, I invoke Your presence now! In the precious name of Jesus Christ, our Lord and Savior." The Pledge of Allegiance was led by Representative Kelly. MESSAGES FROM THE SENATE HJR 62 A message dated May 10, 1998, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 62(CRA) Relating to bringing Balto back to Alaska. CSHJR 62(CRA) was referred to the Chief Clerk for enrollment. 1998-05-11 House Journal Page 3769 HB 303 A message dated May 10, 1998, was read stating the Senate has passed: 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 referred to the Chief Clerk for enrollment. HB 481 A message dated May 10, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 481(STA) "An Act relating to application for and payment of permanent fund dividends of certain deceased individuals; and providing for an effective date." CSHB 481(STA) was referred to the Chief Clerk for enrollment. HJR 56 A message dated May 10, 1998, was read stating the Senate has passed CSHJR 56(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(CRA) Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. CSHJR 56(RLS) is under Unfinished Business. HJR 57 A message dated May 11, 1998, was read stating the Senate has passed HJR 57 am with the following amendment and it is transmitted for consideration: 1998-05-11 House Journal Page 3770 HJR 57 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 57(STA) Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. HJR 57 am is under Unfinished Business. HB 7 A message dated May 10, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for members of the boards of directors and certain participants in youth courts." (New title to be authorized by SCR 30.) CSHB 7(JUD) is under Unfinished Business. HB 170 A message dated May 11, 1998, was read stating the Senate has passed CSHB 170(HES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 170(FIN) "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre-training and training period." 1998-05-11 House Journal Page 3771 HB 170 CSHB 170(HES) is under Unfinished Business. HB 182 A message dated May 10, 1998, was read stating the Senate has passed CSHB 182(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 182(RES) "An Act relating to the qualifications of the state forester." CSHB 182(RLS) is under Unfinished Business. **The presence of Representative Brice was noted. HB 203 A message dated May 10, 1998, was read stating the Senate has passed CSHB 203(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 203(JUD) "An Act relating to actions for unlawful trade practices." CSHB 203(JUD) is under Unfinished Business. HB 239 A message dated May 11, 1998, was read stating the Senate has passed CSHB 239(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) "An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date." CSHB 239(FIN) is under Unfinished Business. 1998-05-11 House Journal Page 3772 **The presence of Representatives Barnes and Elton was noted. HB 245 A message dated May 10, 1998, was read stating the Senate has passed CSHB 245(RLS) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 245(HES) am S "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." CSHB 245(RLS) am is under Unfinished Business. HB 285 A message dated May 11, 1998, was read stating the Senate has passed CSHB 285(RES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) am S "An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date." CSHB 285(RES) am is under Unfinished Business. HB 375 A message dated May 10, 1998, was read stating the Senate has passed CSHB 375(FIN) am(reengrossed) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 375(JUD) "An Act relating to children-in-need-of-aid matters and proceedings; relating to child abuse and neglect; relating to 1998-05-11 House Journal Page 3773 HB 375 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 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 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." CSHB 375(FIN) am(reengrossed) is under Unfinished Business. HB 471 A message dated May 10, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 471(CRA) "An Act relating to the boards of commissioners of regional Native housing authorities; relating to the reinstatement of Native corporations; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 471(CRA) "An Act relating to the reinstatement of Native corporations; and providing for an effective date." (New title to be authorized by SCR 29.) CSHB 471(CRA) is under Unfinished Business. 1998-05-11 House Journal Page 3774 **The presence of Representative Kemplen was noted. HB 486 A message dated May 9, 1998, was read stating the Senate has passed HB 486(L&C) with the following amendment: Page 37, lines 25 - 26: Delete "may by regulation or order establish and enforce" Insert "may by regulation establish and by order enforce" Page 37, line 28: After "section." add the following language: "Regulations adopted under this section should recognize the social and economic circumstances of shareholders and encourage maximum participation consistent with the requirements of AS 45.55.160." Page 52, lines 24 - 26: Delete all material and insert: "(e) All investigative files are confidential, except that they must be disclosed by the administrator as required for discovery in an administrative or a judicial proceeding." And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 486(L&C) am S "An Act relating to the Alaska Securities Act; and providing for an effective date." CSHB 486(L&C) is under Unfinished Business. SB 158 A message dated May 11, 1998 was read stating the Senate has concurred in the House amendment to CSSB 158(L&C), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 158(L&C) am H "An Act relating to motor vehicle liability insurance covering a person who has had the person's driver's license revoked for possession or consumption of alcohol while under 21 years of age." 1998-05-11 House Journal Page 3775 SB 160 A message dated May 11, 1998, was read stating the Senate has concurred in the House amendment to CSSB 160(L&C), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 160(FIN) am H "An Act relating to radiological equipment used in the practice of dentistry." SB 323 A message dated May 10, 1998, was read stating the Senate has concurred in the House amendment to CSSB 323(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 323(FIN) "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." SB 329 A message dated May 10, 1998, was read stating the Senate has concurred in the House amendment to CSSB 329(JUD) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 329(JUD) "An Act relating to the regulation authority, exemptions, and definitions of the Alaska Business License Act." SB 153 A message dated May 10, 1998, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: SENATE BILL NO. 153 "An Act relating to issuance of special license plates to commemorate the arts." and 1998-05-11 House Journal Page 3776 SB 153 HOUSE CS FOR SENATE BILL NO. 153(FIN) am H "An Act relating to issuance of special license plates." on the following specific points: HCS SB 153(FIN) am H * Section 1 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated May 10, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SCR 29 SENATE CONCURRENT RESOLUTION NO. 29 by the Senate Community & Regional Affairs Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 471, relating to the boards of commissioners of regional Native housing authorities, and relating to the reinstatement of Native corporations. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Kubina was noted. SCR 30 SENATE CONCURRENT RESOLUTION NO. 30 by the Senate Judiciary Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 7, relating to establishment of community dispute resolution centers. 1998-05-11 House Journal Page 3777 SCR 30 was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Berkowitz was noted. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 10, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 354 SENATE BILL NO. 354 by the Senate Judiciary Committee, entitled: "An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure." was read the first time and referred to the Rules Committee for placement on the calendar. Similar to HB 196. **The presence of Representative Croft was noted. The Speaker stated that, without objection, the House would stand at ease; and so, the House stood at ease at 5:11 p.m. AFTER AT EASE The Speaker called the House back to order at 5:44 p.m. **The presence of Representatives Vezey and Williams was noted. REPORTS OF STANDING COMMITTEES The Finance Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: 1998-05-11 House Journal Page 3778 Toni L. Jackson as a member of the Alcoholic Beverage Control Board 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 Representatives Hanley and Therriault, Co- chairs; and, Representatives Mulder, Foster, Kohring, Grussendorf, Moses, Davis, Kelly, Martin and Davies. SB 36 The Finance Committee has considered: CS FOR SENATE BILL NO. 36(FIN) am "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 36(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (7): Therriault, Martin, Hanley, Mulder, Davis, Kelly, Foster Do not pass (1): Kohring Amend (3): Davies, Grussendorf, Moses The following fiscal notes apply to HCS CSSB 36(FIN): Fiscal notes (5), Dept. of Education, 5/11/98 1998-05-11 House Journal Page 3779 SB 36 CSSB 36(FIN) am is on today's calendar. **The presence of Representatives Foster, Ivan and Joule was noted. SB 340 The Finance Committee has considered: CS FOR SENATE BILL NO. 340(FIN) "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 340(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Therriault, Mulder, Martin, Kohring, Davies, Kelly, Foster No recommendation (3): Grussendorf, Moses, Davis The following fiscal notes apply to HCS CSSB 340(FIN): Senate fiscal note, Dept. of Natural Resources, 5/6/98 Senate fiscal note, University of Alaska, 5/6/98 CSSB 340(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Kookesh was noted. 1998-05-11 House Journal Page 3780 REPORTS OF SPECIAL COMMITTEES HB 325 The Conference Committee with limited powers of free conference considering CSHB 325(FIN) am(brf sup maj fld) and SCS CSHB 325(FIN) am S recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 325 "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." The report was signed by Representatives Hanley (Chair), Therriault and Grussendorf and Senators Pearce (Chair), Sharp and Adams. The report was received in the Chief Clerk's Office at 5:00 p.m., May11, 1998, and is under Unfinished Business. HB 326 The Conference Committee with limited powers of free conference considering CSHB 326(FIN) and SCS CSHB 326(FIN) am S recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 326 "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." The report was signed by Representatives Hanley (Chair), Therriault and Grussendorf and Senators Pearce (Chair), Sharp and Adams. The report was received in the Chief Clerk's Office at 5:00 p.m., May11, 1998, and is under Unfinished Business. SB 153 The Conference Committee considering: 1998-05-11 House Journal Page 3781 SB 153 SENATE BILL NO. 153 "An Act relating to issuance of special license plates to commemorate the arts." and HOUSE CS FOR SENATE BILL NO. 153(FIN) am H "An Act relating to issuance of special license plates." requests limited powers of free conference on the following specific points: HCS SB 153(FIN) am H * Section 1 The request was signed by Representatives Green (Chair), and Rokeberg; and Senators Kelly (Chair), Donley and Ellis. The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. The Senate message granting the Senate Committee members limited powers of free conference appears on page 3775. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Joe and Suzi Williams, Parents of the Year By Representative Williams Honoring - Barbara Weil, Alaskan Educator By Representative Ryan 1998-05-11 House Journal Page 3782 Honoring - Kathy Kyle By Representative Grussendorf Honoring - Michihira Konno, Winner, 1998 North American Championship Sled Dog Race By Representative Nicholia; Senator Lincoln Honoring - Reverend David Salmon By Representative Nicholia; Senator Lincoln Honoring - Lisa Sternadel By Representative Davies Honoring - Judy Mowery-Ingle By Representative Ivan Honoring - Russell C. George By Senator Duncan; Representatives Elton, Hudson Honoring - Senate Sergeant-At-Arms, Senate Assistant Sergeant-At- Arms, Senate Pages By Senator Kelly Honoring - Maxine "Maxx" Tobey By Senator Leman Honoring - Principles & Interests Project, The Alaska Humanities Forum By Senator Kelly Honoring - Colonel Russell E. Gillaspie By Senator Kelly Honoring - Captain Jim and Mary Binkley By Senator Wilken Honoring - Karen Cedzo By Senator Wilken In Memoriam - Paul E. Smith By Representative Nicholia; Senator Lincoln 1998-05-11 House Journal Page 3783 In Memoriam - Starosta Gregory Anelon, Sr. By Representative Moses In Memoriam - John W. Walters By Representative Foster In Memoriam - Charles H. Strand By Representative Brice **The presence of Representatives Hanley, Davies, Grussendorf and Moses was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 491 HOUSE BILL NO. 491 by the House Judiciary Committee, entitled: "An Act relating to unwanted electronic mail and facsimile transmissions; relating to computer crimes; and providing for an effective date." was read the first time and referred to the Judiciary Committee. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE RESOLUTIONS SJR 35 Representative Porter moved and asked unanimous consent that the House move down the calendar to: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 35(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion. Representative Berkowitz objected. 1998-05-11 House Journal Page 3784 SJR 35 Representative Porter placed a call of the House **The presence of Representative Nicholia was noted. The Speaker stated the call was satisfied. Representative Berkowitz withdrew the objection. There being no further objection, HCS CSSJR 35(FIN), which was advanced to third reading from the May 10, 1998 calendar (page 3735), was read the third time. The question being: "Shall HCS CSSJR 35(FIN) pass the House?" The roll was taken with the following result: HCS CSSJR 35(FIN) Third Reading Final Passage YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia, Porter And so, lacking the necessary 27 votes, HCS CSSJR 35(FIN) failed to pass the House. Representative Vezey gave notice of reconsideration of his vote on HCS CSSJR 35(FIN)(fld H). The Speaker stated that, without objection, the House would recess until 7:00 p.m.; and so, the House recessed at 6:26 p.m. 1998-05-11 House Journal Page 3785 AFTER RECESS The Speaker called the House back to order at 6:58 p.m. THIRD READING OF SENATE RESOLUTIONS (Continued) SJR 42 Representative Porter moved and asked unanimous consent that the House move down the calendar to: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 42(RLS) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. There being no objection, it was so ordered. HCS CSSJR 42(RLS), which was advanced to third reading from the May 10, 1998 calendar (page 3737), was read the third time. Representative Porter placed a call of the House. The call was satisfied. The question being: "Shall HCS CSSJR 42(RLS) pass the House?" The roll was taken with the following result: HCS CSSJR 42(RLS) Third Reading Final Passage YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia And so, HCS CSSJR 42(RLS) passed the House. 1998-05-11 House Journal Page 3786 SJR 42 Representative Davies gave notice of reconsideration of his vote on HCS CSSJR 42(RLS). SECOND READING OF SENATE BILLS SB 36 The following was read the second time: CS FOR SENATE BILL NO. 36(FIN) am "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." with the: Journal Page HES RPT HCS(HES) 1DP 2DNP 2NR 1AM 2853 FISCAL NOTE (REV) 2947 FIN RPT HCS(FIN) 7DP 1DNP 3AM 3778 5 FISCAL NOTES (DOE) 3778 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. 36(FIN) (same title) There being no objection, it was so ordered. Representative Davies placed a call of the House and lifted the call. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/11 1998-05-11 House Journal Page 3787 SB 36 The Speaker stated that, without objection, the House would recess for a half hour; and so, the House recessed at 8:34 p.m. AFTER RECESS The Speaker called the House back to order at 9:14 p.m. SECOND READING OF SENATE BILLS (Continued) SB 36 Amendment No. 1 was offered by Representative Davies: Page 9, lines 5 - 10: Delete all material. Reletter the remaining subsections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 36(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 36(FIN) will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3788 THIRD READING OF SENATE BILLS SB 11 The following, which was advanced to third reading from the May 10, 1998 calendar (page 3752), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." Representative Joule moved and asked unanimous consent that HCS CSSB 11(FIN) 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 Joule: Page 7, line 17: Delete "(i)" Page 7, line 19: Delete "; and" Insert "." Page 7, lines 20 - 22: Delete all material. Representative Joule moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1998-05-11 House Journal Page 3789 SB 11 HCS CSSB 11(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Foster And so, Amendment No. 1 was not adopted. The question being: "Shall HCS CSSB 11(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 11(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, HCS CSSB 11(FIN) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kubina gave notice of reconsideration of his vote on HCS CSSB 11(FIN). 1998-05-11 House Journal Page 3790 SB 231 The following, which was advanced to third reading from the May 10, 1998 calendar (page 3755), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H "An Act making and amending capital, supplemental, and other appropriations; making appropriations 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." Representative Hanley moved and asked unanimous consent that HCS CSSB 231(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 to HCS CSSB 231(FIN) was offered by Representative Hanley: Page 41, following line 18, under "Department of Environmental Conservation, Village Safe Water Project Administration": Insert intent language: "It is the intent of the legislature that the department use the $282,774 unexpended balances of prior year village safe water project administration appropriations to fully fund the $1,723,800 requested for FY99 project administration." Page 55, following line 11 under "Department of Transportation & Public Facilities, Statewide Programs, Secondary Road Paving": Insert: "Village, Ester Dome and Skyridge Roads (Fairbanks); Mosquito Lake Road (Haines); Long Lake Road (Willow); Rebarchek Road (Palmer)" Page 55, following line 27, under "Anchorage: 15th Avenue Reconstruction: L Street to Juneau Street": Insert: "The expenditure of funds from this appropriation is contingent on (1) the Anchorage Metropolitan Area Transportation Study Program taking additional public testimony and reevaluating the 1998-05-11 House Journal Page 3791 SB 231 merits of any narrowing of 15th Avenue, and (2) this project being implemented so that there is no reduction in the current number of traffic lanes available on 15th Avenue." Page 59, following line 31, under "National Highway System Program (NHS) Preconstruction Fairbanks: Airport Way/Sportsman Way Signalization": Insert: "Upgrade the intersection at Airport Way and Sportsman's Way/Old Airport Way including the installation of a traffic signal." Representative Hanley moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Hanley moved and asked unanimous consent that HCS CSSB 231(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 4. There being no objection, it was so ordered. Amendment No. 4 to HCS CSSB 231(FIN) was offered by Representative Hanley: Page 8, lines 21 - 23: Delete all material and insert: "(b) The sum of $604,200 is appropriated to the Department of Health and Social Services for additional operating costs relating to the foster care augmented rate for special needs foster children for the fiscal year ending June30, 1998, from the following sources: General fund $200,000 Federal receipts 404,200" Page 12, lines 29 - 31: Delete all material. Page 16, line 20: Delete "$1,500,000" Insert "$2,400,000" 1998-05-11 House Journal Page 3792 SB 231 Page 37, following line 3: Insert new bill sections to read: "* Sec. 123. The following appropriations are for operating expenditures for the fiscal year ending June 30, 1999, from the general fund to the state agencies named for the purposes set out in the new legislation identified. These appropriations contain funding for legislation that is assumed to have passed during the Second Session of the Twentieth Legislature and are to be considered part of the agency operating budget. If a measure listed below fails to pass and the substance of the measure has not been incorporated into some other measure that passes, or if a measure or the substance of a measure listed below passes but is vetoed by the governor and the veto is not overridden by the legislature, the appropriation for that measure lapses: MEASURE DESCRIPTION AGENCY APPROPRIATION HB 257 Voting and Elections - appropriated to the $263,000 Office of the Governor HB 144 Authority to Department of Environmental - 0 - Conservation to charge fees - the designation of $266,500 of the general fund appropriation to the Department of Environmental Conservation contained in the operating budget in CCS HB325 is changed from an appropriation from general fund/program receipts to an appropriation from the general fund * Sec. 124. The unexpended and unobligated balances on June 30, 1998, of the appropriations from the general fund made in sec. 39, ch. 98, SLA 1997, page 30, line 17 (Commissions/special offices - $1,705,200), page 30, line 21 (Executive operations - $8,392,900), page 30, line 28 (Office of Management and Budget - $6,391,600), and page 30, line 32 (Elective operations - $1,910,500) are reappropriated to the Department of Public Safety for the following purposes and in the amounts stated for the fiscal year ending June 30, 1999: PURPOSE APPROPRIATION Alaska State troopers operating expenses $352,000 Village Public Safety Officers Program operations 248,000 (b) If the amount available for reappropriation under (a) of this section is less than $600,000, then the reappropriations made by (a) of this section shall be reduced in proportion to the amount of the shortfall. 1998-05-11 House Journal Page 3793 SB 231 * Sec. 125. (a) The unexpended and unobligated general fund balance on June 30, 1998, of the appropriation made in sec. 39, ch. 98, SLA 1997, page 47, line 18 (DOT/PF statewide programs - $115,799,800) is reappropriated to the Department of Transportation and Public Facilities, commissioner's office, for operating expenses of Anchorage storm water drainage national pollutant discharge elimination system if the operating expenses are determined to be not eligible for federal funding. (b) The unexpended and unobligated general fund balance on August 31, 1998, of the appropriation made in sec. 39, ch. 98, SLA 1997, page 49, lines 28 - 29 (Central Regional highways and aviation - $27,591,900) is reappropriated to the Department of Transportation and Public Facilities, commissioner's office, for operating expenses of Anchorage storm water drainage national pollutant discharge elimination system if the operating expenses are determined to be not eligible for federal funding. (c) The unexpended and unobligated general fund balance on August 31, 1998, of the appropriation made in sec. 39, ch. 98, SLA 1997, page 50, lines 4 - 5 (Northern regional highways and aviation - $36,338,800) is reappropriated to the Department of Transportation and Public Facilities, commissioner's office, for operating expenses of Anchorage storm water drainage national pollutant discharge elimination system if the operating expenses are determined to be not eligible for federal funding. (d) The unexpended and unobligated general fund balance on August 31, 1998, of the appropriation made in sec. 39, ch. 98, SLA 1997, page 50, lines 8 - 9 (Southeast region highways and aviation - $9,208,600) is reappropriated to the Department of Transportation and Public Facilities, commissioner's office, for operating expenses of Anchorage storm water drainage national pollutant discharge elimination system if the operating expenses are determined to be not eligible for federal funding." Renumber the following bill sections accordingly. Page 37, line 12: Delete "123" Insert "126" 1998-05-11 House Journal Page 3794 SB 231 Page 37, line 15: Delete "and 47 - 125" Insert "47 - 122, and 126 - 128" Page 37, line 17: Delete "sec. 126" Insert "sec. 129" Page 37, line 18: Delete "SECTION 128" Insert "SECTION 131" Representative Hanley moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Representative Kelly moved and asked unanimous consent that HCS CSSB 231(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, it was so ordered. Amendment No. 5 to HCS CSSB 231(FIN) was offered by Representative Kelly: Page 59, lines 30 - 31: Delete all material and update the corresponding appropriation totals on page 59, line 8 reducing general fund match by $8,000 and federal funds by $72,000. Page 69, following line 32: Insert a new allocation: "Fairbanks: Illinois-Barnette & Bridge 1,130,000" Update the corresponding appropriation totals on page 69, line 21, increasing general fund match by $102,600 and federal funds by $1,027,400. 1998-05-11 House Journal Page 3795 SB 231 Page 69, line 33 through page 70, line 10: Delete all material and update the corresponding appropriation totals on page 69, line 21 reducing general fund match by $94,600 and federal funds by $955,400. Representative Kelly moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 5 was adopted. Representative Davies moved and asked unanimous consent that HCS CSSB 231(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Davies: Delete sec. 30(c) ¦Department of Law, criminal division 100.0 GFá Insert the following section with immediate effective dates: "*Sec.__. The sum of $140,000 is appropriated from the Alaska debt retirement fund (AS 37.15.011) to the general fund for Department of Health & Social Services, family and youth services equipment 240,000" Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Hanley objected. Representative Davies moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. 1998-05-11 House Journal Page 3796 SB 231 The question being: "Shall HCS CSSB 231(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 231(FIN) am H Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Cowdery, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Berkowitz, Croft, Kemplen, Kubina, Moses, Nicholia, Vezey Absent: Bunde, Green, Kookesh, Therriault And so, HCS CSSB 231(FIN) am H passed the House. Representative Porter moved the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted. The question being: "Shall the House adopt the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska)?" The roll was taken with the following result: HCS CSSB 231(FIN) am H Third Reading Constitutional Budget Reserve Appropriations YEAS: 25 NAYS: 12 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Vezey 1998-05-11 House Journal Page 3797 SB 231 Absent: Bunde, Kookesh, Therriault Martin changed from "Nay" to "Yea". And so, lacking the necessary 30 votes, the constitutional budget reserve fund appropriations were not adopted. 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 Porter moved that the following Letter of Intent be adopted: "It is the intent of the Legislature that: 1. The Department of Transportation & Public Facilities shall work to transfer ownership of harbors, funded through the use of Alaska Housing Finance Corporation bonds, from state ownership to municipal ownership as a condition of receiving funding for repairs and renovation. 2.In making payment for any projects funded in this legislation, the Administration should require preventive maintenance programs outlined in Committee Substitute for House Bill 313 (FIN) as passed by the legislature." The question being: "Shall the Letter of Intent be adopted?" The roll was taken with the following result: HCS CSSB 231(FIN) am H (brf sup maj fld) Third Reading Letter of Intent YEAS: 34 NAYS: 3 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Brice, Kubina, Vezey 1998-05-11 House Journal Page 3798 SB 231 Absent: Bunde, Kookesh, Therriault And so, the House Letter of Intent was adopted. Representative Kubina gave notice of reconsideration of his vote on HCS CSSB 231(FIN) am H(brf sup maj fld). SB 360 The following, which was advanced to third reading from the May 10, 1998 calendar (page 3756), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 360(FIN) am H "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; and providing for an effective date." The question being: "Shall HCS CSSB 360(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 360(FIN) am H Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Dyson, Kohring, Ogan, Vezey Absent: Kookesh, Therriault And so, HCS CSSB 360(FIN) am H 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. 1998-05-11 House Journal Page 3799 SB 360 Representative Kubina gave notice of reconsideration of his vote on HCS CSSB 360(FIN) am H. SENATE BILLS IN THIRD READING SB 17 The following, which had been held in third reading to today's calendar (page 3758), was again read the third time: SENATE BILL NO. 17 am H "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." Representative Porter moved and asked unanimous consent that SB 17 am H be returned to second reading for the specific purpose of considering Amendment No. 14. There being no objection, it was so ordered. Amendment No. 14 was offered by Representatives Brice and Porter: Page 1, lines 13 - 14: Delete "to another person" Page 1, line 14, following "paraphernalia": Insert "unless the transfer is for the purpose of disposing of the paraphernalia properly under state or federal law" Representative Porter moved and asked unanimous consent that Amendment No. 14 be adopted. There being no objection, it was so ordered. The question being: "Shall SB 17 am H pass the House?" The roll was taken with the following result: SB 17 am H Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 0 ABSENT: 3 1998-05-11 House Journal Page 3800 SB 17 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Davies, Elton, Joule, Kemplen, Kookesh, Kubina, Nicholia Absent: Croft, Moses, Ogan And so, SB 17 am H passed the House. Representative Berkowitz gave notice of reconsideration of his vote on SB 17 am H. CONCUR IN SENATE AMENDMENTS HB 182 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3771) on the following at this time: CS FOR HOUSE BILL NO. 182(RLS) "An Act relating to the qualifications of the state forester." and SENATE CS FOR CS FOR HOUSE BILL NO. 182(RES) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 182(RLS), thus adopting SCS CSHB 182(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 182(RLS)?" The roll was taken with the following result: 1998-05-11 House Journal Page 3801 HB 182 SCS CSHB 182(RES) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Croft, Martin, Moses, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 182(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 182(RES) was referred to the Chief Clerk for enrollment. HB 245 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3772) on the following at this time: CS FOR HOUSE BILL NO. 245(RLS) 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 245(HES) am S (same title) There being no objection, it was so ordered. 1998-05-11 House Journal Page 3802 HB 245 Representative Porter moved that the House concur in the Senate amendment to CSHB 245(RLS) am, thus adopting SCS CSHB 245(HES) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 245(RLS) am?" The roll was taken with the following result: SCS CSHB 245(HES) am S Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Martin, Moses, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 245(HES) am S. 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 245(HES) am S was referred to the Chief Clerk for enrollment. HB 375 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3772) on the following at this time: 1998-05-11 House Journal Page 3803 HB 375 CS FOR HOUSE BILL NO. 375(FIN) am(reengrossed) "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 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 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 375(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 375(FIN) am(reengrossed), thus adopting SCS CSHB 375(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 375(FIN) am(reengrossed)?" The roll was taken with the following result: SCS CSHB 375(JUD) Concur YEAS: 31 NAYS: 2 EXCUSED: 0 ABSENT: 7 1998-05-11 House Journal Page 3804 HB 375 Yeas: Austerman, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kohring, Vezey Absent: Barnes, Berkowitz, Foster, Martin, Masek, Moses, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 375(JUD). 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 375(JUD) was referred to the Chief Clerk for enrollment. HB 203 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3771) on the following at this time: CS FOR HOUSE BILL NO. 203(JUD) "An Act relating to actions for unlawful trade practices." and SENATE CS FOR CS FOR HOUSE BILL NO. 203(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 203(JUD), thus adopting SCS CSHB 203(JUD), and recommended that the members vote yes. 1998-05-11 House Journal Page 3805 HB 203 The question being: "Shall the House concur in the Senate amendment to CSHB 203(JUD)?" The roll was taken with the following result: SCS CSHB 203(JUD) Concur YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Austerman, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Vezey, Williams Absent: Barnes, Berkowitz, Martin, Masek, Moses, Ogan, Sanders, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 203(JUD). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 203(JUD) was referred to the Chief Clerk for enrollment. HB 471 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3773) on the following at this time: CS FOR HOUSE BILL NO. 471(CRA) "An Act relating to the boards of commissioners of regional Native housing authorities; relating to the reinstatement of Native corporations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 471(CRA) "An Act relating to the reinstatement of Native corporations; and providing for an effective date." New title to be authorized by SCR 29. 1998-05-11 House Journal Page 3806 HB 471 There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 471(CRA), thus adopting SCS CSHB 471(CRA), and recommended that the members vote yes. Representative Porter placed a call of the House and lifted the call. The question being: "Shall the House concur in the Senate amendment to CSHB 471(CRA)?" The roll was taken with the following result: SCS CSHB 471(CRA) Concur YEAS: 29 NAYS: 0 EXCUSED: 0 ABSENT: 11 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Green, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Dyson, Foster, Grussendorf, Hodgins, Kohring, Kott, Masek, Moses, Nicholia, Ogan, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 471(CRA). 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 471(CRA) was referred to the Chief Clerk for enrollment. HB 170 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3770) on the following at this time: 1998-05-11 House Journal Page 3807 HB 170 CS FOR HOUSE BILL NO. 170(HES) "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre-training and training period." and SENATE CS FOR CS FOR HOUSE BILL NO. 170(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 170(HES), thus adopting SCS CSHB 170(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 170(HES)?" The roll was taken with the following result: SCS CSHB 170(FIN) Concur YEAS: 27 NAYS: 2 EXCUSED: 0 ABSENT: 11 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Green, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Martin, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Nays: Kubina, Vezey Absent: Dyson, Foster, Grussendorf, Hodgins, Kohring, Kott, Masek, Moses, Nicholia, Ogan, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 170(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 170(FIN) was referred to the Chief Clerk for enrollment. 1998-05-11 House Journal Page 3808 HJR 57 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3769) on the following at this time: HOUSE JOINT RESOLUTION NO. 57 am Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. and SENATE CS FOR HOUSE JOINT RESOLUTION NO. 57(STA) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to HJR 57 am, thus adopting SCS HJR 57(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HJR 57 am?" The roll was taken with the following result: SCS HJR 57(STA) Concur YEAS: 29 NAYS: 2 EXCUSED: 0 ABSENT: 9 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Martin, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Davies, Kubina Absent: Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Vezey And so, the House concurred in the Senate amendment, thus adopting SCS HJR 57(STA). 1998-05-11 House Journal Page 3809 HJR 57 The Chief Clerk was instructed to so notify the Senate. SCS HJR 57(STA) was referred to the Chief Clerk for enrollment. HB 239 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3771) on the following at this time: CS FOR HOUSE BILL NO. 239(FIN) "An Act relating to the liability of motor fuel dealers for payment of tax imposed on certain credit transactions involving motor fuel sales or transfers that become worthless debts or on sales or transfers to persons who declare bankruptcy; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 239(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 239(FIN), thus adopting SCS CSHB 239(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 239(FIN)?" The roll was taken with the following result: SCS CSHB 239(FIN) Concur YEAS: 33 NAYS: 3 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-05-11 House Journal Page 3810 HB 239 Nays: Kemplen, Kohring, Vezey Absent: Foster, Hodgins, Moses, Ogan And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 239(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 239(FIN) was referred to the Chief Clerk for enrollment. HB 285 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3772) on the following at this time: CS FOR HOUSE BILL NO. 285(RES) am "An Act relating to suspension or revocation of commercial fishing permits, licenses, and privileges; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 285(RES) 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 285(RES) am, thus adopting SCS CSHB 285(RES) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 285(RES) am?" The roll was taken with the following result: 1998-05-11 House Journal Page 3811 HB 285 SCS CSHB 285(RES) am S Concur YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hodgins, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 285(RES) am S. 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 285(RES) am S was referred to the Chief Clerk for enrollment. HJR 44 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3723) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 44(RLS) am Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(JUD) (same title) 1998-05-11 House Journal Page 3812 HJR 44 There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHJR 44(RLS) am, thus adopting SCS CSHJR 44(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 44(RLS) am?" The roll was taken with the following result: SCS CSHJR 44(JUD) Concur YEAS: 22 NAYS: 17 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kott, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault Nays: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kohring, Kookesh, Kubina, Martin, Nicholia, Ogan, Vezey, Williams Absent: Moses And so, lacking the necessary 27 votes, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHJR 44(JUD). Representative Mulder gave notice of reconsideration of his vote to concur in the Senate amendment to CSHJR 44(RLS) am. HJR 56 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3769) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 56(RLS) Relating to yttrium mining and transfer of the linear induction motor research vehicle to Alaska. and 1998-05-11 House Journal Page 3813 HJR 56 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 56(CRA) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHJR 56(RLS), thus adopting SCS CSHJR 56(CRA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHJR 56(RLS)?" The roll was taken with the following result: SCS CSHJR 56(CRA) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 56(CRA). The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 56(CRA) was referred to the Chief Clerk for enrollment. HB 7 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3770) on the following at this time: CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between 1998-05-11 House Journal Page 3814 HB 7 juvenile offenders and their victims, and providing immunity from civil suits for youth courts and for members of the boards of directors, employees, volunteers, and members of youth courts." and SENATE CS FOR CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between juvenile offenders and their victims, and providing immunity from civil suits for members of the boards of directors and certain participants in youth courts." New title to be authorized by SCR 30. There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 7(JUD), thus adopting SCS CSHB 7(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 7(JUD)?" The roll was taken with the following result: SCS CSHB 7(JUD) Concur YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Absent: Berkowitz, Davies, Hudson, Ivan, James, Kott, Moses, Sanders And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 7(JUD). 1998-05-11 House Journal Page 3815 HB 7 The Chief Clerk was instructed to so notify the Senate. SCS CSHB 7(JUD) was referred to the Chief Clerk for enrollment. HB 486 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3774) on the following at this time: CS FOR HOUSE BILL NO. 486(L&C) "An Act relating to the Alaska Securities Act; and providing for an effective date." and CS FOR HOUSE BILL NO. 486(L&C) 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 486(L&C), thus adopting CSHB 486(L&C) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 486(L&C)?" The roll was taken with the following result: CSHB 486(L&C) am S Concur YEAS: 1 NAYS: 30 EXCUSED: 0 ABSENT: 9 Yeas: Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Therriault 1998-05-11 House Journal Page 3816 HB 486 Absent: Berkowitz, Brice, Davies, Hudson, Ivan, Moses, Ryan, Sanders, Williams And so, the House failed to concur in the Senate amendment, thus failing to adopt CSHB 486(L&C) 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 Rokeberg, Chair Representative Kott Representative Kookesh The Speaker granted limited powers of free conference on Section 43. HJR 22 Representative Kubina moved and asked unanimous consent that the House consider the Senate message (page 3640) on the following at this time: HOUSE JOINT RESOLUTION NO. 22 Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. and SENATE CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) (same title) Representative Porter objected. The question being: "Shall the House consider the Senate message on HJR 22 and SCS HJR 22(RLS) at this time?" The roll was taken with the following result: 1998-05-11 House Journal Page 3817 HJR 22 HJR 22 and SCS HJR 22(RLS) Consider Senate Message YEAS: 10 NAYS: 22 EXCUSED: 0 ABSENT: 8 Yeas: Berkowitz, Croft, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Absent: Brice, Davies, Dyson, Hudson, Ivan, Moses, Ogan, Sanders And so, the motion failed. The Speaker stated that, without objection, the House would recess for a half hour; and so, the House recessed at 11:48 p.m. AFTER RECESS The Speaker called the House back to order at 12:38 a.m., May 12, 1998. A second quorum call showed 21 members present. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Fairview Compass Team By Representatives Kemplen, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Ryan, Sanders, Therriault, Williams; Senator Ellis 1998-05-11 House Journal Page 3818 Honoring - Judy Cooper By Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Davis, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Porter, Ryan, Sanders, Therriault, Williams; Senator Duncan Honoring - Heather Kendall-Miller By Representatives Nicholia, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Porter, Sanders, Williams; Senator Lincoln Honoring - House Sergeant-At-Arms, Assistant Sergeant-At-Arms, House Pages By Representatives Kott, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Goldenview Middle School By Representatives Bunde, Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Bob and Henrietta Smay, 50th Wedding Anniversary By Representatives Green, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Colonel Richard L. Stouder, Garrison Commander By Representatives Mulder, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-05-11 House Journal Page 3819 Honoring - Roderick Ladd By 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, Williams; Senator Torgerson Honoring - Marc P. Gaguzis, West Point Graduate By Representatives Mulder, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - James Suire By Senator Donley; Representatives Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kott, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Kenneth A. Murray 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 - John D. Arnold 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 - Rose Elna Short By Representatives Austerman, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Mackie In Memoriam - Elaine Gregoire By Representatives 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; Senator Torgerson 1998-05-11 House Journal Page 3820 In Memoriam - Harvey Patrick Sullivan By Senator Kelly; Representatives Phillips, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders Therriault, Williams In Memoriam - Gordon Buness By Senator Taylor; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Porter moved and asked unanimous consent that the House adopt the First Supplemental Calendar. There being no objection, the following First Supplemental Calendar was adopted: CSSB 105(FIN) am CSSB 218(FIN) CSSB 223(FIN) am CSSB 242(FIN) SB 244 CSSB 254(FIN) CSSB 281(RES) SB 313 CSSB 319(RLS) SB 347 CSSB 350(FIN) SB 354 SB 356 am SB 358 am CSSCR 11(FIN) SCR 29 SCR 30 1998-05-11 House Journal Page 3821 SECOND READING OF SENATE BILLS SB 105 The following was read the second time: 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." with the: Journal Page STA RPT HCS(STA) NT 6NR 3210 ...TECHNICAL TITLE CHANGE 3210 FISCAL NOTE (LAW) 3211 ZERO FISCAL NOTE (ETHICS) 3211 FIN RPT HCS(FIN) NT 3DP 4NR 1AM 3556 ...TECHNICAL TITLE CHANGE 3556 FISCAL NOTE (ADM) 3556 2 ZERO FNS (H.FIN/LAA, ADM) 3556 FISCAL NOTE (LAW) 4/23/98 3556 ZERO FISCAL NOTE (ETHICS) 4/23/98 3557 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. 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." There being no objection, it was so ordered. 1998-05-11 House Journal Page 3822 SB 105 Amendment No. 1 was offered by Representative Ryan: Page 58, line 21: Delete all material and insert: "* Sec. 103. AS24.45.121(c) and AS42.40.230 are repealed." Representative Ryan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. Representative Hanley moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Hanley was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 105(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 23 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Cowdery, Dyson, Hudson, Ivan, Kohring, Kott, Martin, Masek, Ogan, Ryan, Vezey, Williams Nays: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Moses, Mulder, Phillips, Porter, Rokeberg Absent: Nicholia, Sanders, Therriault And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative James: Page 58, following line 29: Insert a new bill section to read: "* Sec. 105. The provisions of this Act are severable in accordance with AS01.10.030." 1998-05-11 House Journal Page 3823 SB 105 Renumber the following bill sections accordingly. Page 58, line 31: Delete "104, and 105" Insert "104 - 106" Representative James moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative James: Page 1, line 11, following "contribution": Insert "to a candidate" Representative James moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Croft: Page 2, lines 14 - 22: Delete all material. Page 4, line 17: Delete "In the capital city" Page 15, line 30: Delete "except in the capital city," Representative Croft moved and asked unanimous consent that Amendment No. 5 be adopted. 1998-05-11 House Journal Page 3824 SB 105 Representative James objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 105(FIN) am H Second Reading Amendment No. 5 YEAS: 14 NAYS: 25 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Bunde, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Williams Nays: Austerman, Barnes, Berkowitz, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey Absent: Sanders And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Kubina: Page 1, line 1 through page 59, line 1: Delete all material. Insert "All legislators shall act in a manner which brings honor to the institution in which they hold office." Representative Kubina moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard. Representative Kubina moved and asked unanimous consent to withdraw Amendment No. 6. Objection was heard. 1998-05-11 House Journal Page 3825 SB 105 The question being: "Shall Amendment No. 6 be withdrawn?" The roll was taken with the following result: HCS CSSB 105(FIN) am H Second Reading Withdraw Amendment No. 6 YEAS: 21 NAYS: 18 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Martin, Mulder, Porter, Ryan, Therriault, Vezey Nays: Austerman, Barnes, Cowdery, Green, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Nicholia, Ogan, Phillips, Rokeberg, Williams Absent: Sanders And so, Amendment No. 6 was withdrawn. Amendment No. 7 was offered by Representative Croft: Page 37, line 19: Delete "$10" Insert "$20" Representative Kemplen moved and asked unanimous consent that Amendment No. 7 be adopted. Amendment to Amendment No. 7 was offered by Representative Berkowitz: Delete "Insert $20" Insert "a $35 floor, followed by $10" Representative Berkowitz moved that the amendment to Amendment No. 7 be adopted. There being no objection, it was so ordered. 1998-05-11 House Journal Page 3826 SB 105 The question being: "Shall Amendment No. 7 as amended be adopted?" The roll was taken with the following result: HCS CSSB 105(FIN) am H Second Reading Amendment No. 7, as amended YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Absent: Sanders And so, Amendment No. 7 as amended was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 105(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 105(FIN) am H will be in third reading on the May 12, 1998 calendar. SB 218 The following was read the second time: 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." 1998-05-11 House Journal Page 3827 SB 218 with the: Journal Page JUD RPT HCS(JUD) 7DP 3395 SENATE INDETERMINATE FN (ADM) 2/12/98 3396 2 SENATE ZERO FNS (COR, LAW) 2/12/98 3396 FIN RPT HCS(FIN) 8DP 3558 SENATE INDETERMINATE FN (ADM) 2/12/98 3559 2 SENATE ZERO FNS (COR, LAW) 2/12/98 3559 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. 218(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 218(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 218(FIN) will be in third reading on the May 12, 1998 calendar. SB 223 The following was read the second time: CS FOR SENATE BILL NO. 223(FIN) am "An Act relating to the age requirement for purposes of senior housing programs and requiring the Alaska Housing Finance Corporation to establish the age requirement, which may not be less than 55 years of age, for occupants of certain senior housing; relating to the senior housing revolving fund; repealing the senior housing bond account; relating to bonds to fund senior housing loans; repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation; and providing for an effective date." 1998-05-11 House Journal Page 3828 SB 223 with the: Journal Page FIN RPT 2DP 1DNP 3NR 1AM 3642 SENATE ZERO FISCAL NOTE (REV) 1/28/98 3643 Representative Porter moved and asked unanimous consent that CSSB 223(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSB 223(FIN) am will be in third reading on the May 12, 1998 calendar. SB 242 The following was read the second time: CS FOR SENATE BILL NO. 242(FIN) "An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs." with the: Journal Page JUD RPT 7DP 3333 SENATE FISCAL NOTE (COR) 1/27/98 3333 2 SENATE ZERO FNS (ADM) 1/27/98 3333 SENATE ZERO FN (COR) 4/6/98 3333 FIN RPT 9DP 3518 SENATE ZERO FISCAL NOTE (COR) 4/6/98 3518 2 SENATE ZERO FNS (ADM) 1/27/98 3518 Representative Porter moved and asked unanimous consent that CSSB 242(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSB 242(FIN) will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3829 SB 244 The following was read the second time: SENATE BILL NO. 244 "An Act relating to polygraph or other lie-detecting testing for certain correctional officers." with the: Journal Page STA RPT 1DP 3NR 3133 SENATE ZERO FISCAL NOTE (COR) 2/18/98 3133 JUD RPT 6DP 3467 SENATE ZERO FISCAL NOTE (COR) 2/18/98 3467 Representative Porter moved and asked unanimous consent that SB 244 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SB 244 will be in third reading on the May 12, 1998 calendar. SB 254 The following was read the second time: 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." with the: Journal Page L&C RPT 5DP 1NR 3361 SENATE ZERO FISCAL NOTE (REV) 3/12/98 3362 JUD RPT 5DP 3559 SENATE ZERO FISCAL NOTE (REV) 3/12/98 3560 Amendment No. 1 was not offered. The Speaker stated that, without objection, CSSB 254(FIN) will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3830 SB 281 The following was read the second time: 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." with the: Journal Page CRA RPT HCS(CRA) 4DP 1NR 3305 SENATE FISCAL NOTE (DNR) 4/17/98 3305 FIN RPT HCS(CRA) 6DP 2NR 3560 SENATE FISCAL NOTE (DNR) 4/17/98 3560 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. 281(CRA) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 281(CRA) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 281(CRA) will be in third reading on the May 12, 1998 calendar. SB 313 The following was read the second time: SENATE BILL NO. 313 "An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition." 1998-05-11 House Journal Page 3831 SB 313 with the: Journal Page JUD RPT 4DP 3334 SENATE ZERO FISCAL NOTE (GOV) 3/19/98 3334 FIN RPT HCS(FIN) 6NR 2AM 3732 SENATE ZERO FISCAL NOTE (GOV) 3/19/98 3733 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. 313(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Elton: Page 2, lines 13 and 14: Delete "$1" Insert "$.10" Representative Elton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Mulder was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SB 313(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 1998-05-11 House Journal Page 3832 SB 313 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, Hudson, James, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Cowdery, Davis, Foster, Green, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Moses And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Croft: Page 2, line 15, following "petition.": Insert "This limitation on compensation includes a sponsor receiving compensation on an hourly or salaried basis." Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS SB 313(FIN) Second Reading Amendment No. 2 YEAS: 11 NAYS: 23 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Grussendorf, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Ivan, Joule, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hudson, James, Kookesh, Martin, Moses, Rokeberg 1998-05-11 House Journal Page 3833 SB 313 And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Croft: Page 2, lines 10 - 11: Delete all material. Reletter the remaining subsections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. Amendment to Amendment No. 3 was offered by Representative Davies: Add the following: "Page 3, line 6, following "letters,": Delete "the sponsor's name and, if the sponsor has received payment or agreed to receive payment for the collection of signatures on the petition,"" Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: HCS SB 313(FIN) Second Reading Amendment No. 3, as amended YEAS: 13 NAYS: 22 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Croft, Davies, Dyson, Elton, Grussendorf, Hanley, Joule, Kemplen, Kott, Kubina, Nicholia, Vezey Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster, Green, Hodgins, Hudson, Ivan, Kelly, Kohring, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams 1998-05-11 House Journal Page 3834 SB 313 Absent: James, Kookesh, Martin, Moses, Therriault And so, Amendment No. 3 as amended was not adopted. Representative Porter moved and asked unanimous consent that HCS SB 313(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS SB 313(FIN) will be in third reading on the May 12, 1998 calendar. SB 319 The following was read the second time: CS FOR SENATE BILL NO. 319(RLS) "An Act relating to arbitration; amending Rules 57(a) and 77(g), Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) 1DP 3NR 3644 SENATE ZERO FISCAL NOTE (LAW) 3/13/98 3645 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. 319(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, line 3 through page 5, line 6: Delete all material. Renumber the following bill sections accordingly. 1998-05-11 House Journal Page 3835 SB 319 Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 319(JUD) Second Reading Amendment No. 1 YEAS: 27 NAYS: 8 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Ryan, Williams Nays: Hanley, Hodgins, James, Kelly, Martin, Rokeberg, Therriault, Vezey Absent: Austerman, Barnes, Dyson, Moses, Sanders And so, Amendment No. 1 was adopted. The Speaker stated that, without objection, HCS CSSB 319(JUD) am H will be returned to the Rules Committee. SB 347 The following was read the second time: SENATE BILL NO. 347 "An Act relating to the increase of an appropriation item based on additional federal or other program receipts." with the: Journal Page FIN RPT 5DP 1DNP 4NR 1AM 3745 SENATE ZERO FISCAL NOTE (LAA) 4/3/98 3746 1998-05-11 House Journal Page 3836 SB 347 Representative Porter moved and asked unanimous consent that SB 347 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SB 347 will be in third reading on the May 12, 1998 calendar. SB 350 The following was read the second time: CS FOR SENATE BILL NO. 350(FIN) "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 5DP 3NR 1AM 3645 SENATE FISCAL NOTE (DCED) 5/2/98 3645 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. 350(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 350(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 350(FIN) will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3837 SB 354 The following was read the second time: SENATE BILL NO. 354 "An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure." (Similar to HB 196) Representative Porter moved and asked unanimous consent that SB 354 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SB 354 will be in third reading on the May 12, 1998 calendar. SB 356 The following was read the second time: SENATE BILL NO. 356 am "An Act relating to regulation of candidates for state office; and providing for an effective date." with the: Journal Page FIN RPT 3DP 6NR 3646 SENATE ZERO FISCAL NOTE (LAA) 4/27/98 3646 Representative Porter moved and asked unanimous consent that SB 356 am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SB 356 am will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3838 SB 358 The following was read the second time: SENATE BILL NO. 358 am "An Act relating to the disclosure of certain personnel records that include information about the use of public resources." with the: Journal Page FIN RPT HCS(FIN) 4DP 4NR 1AM 3646 SENATE ZERO FN (GOV/ALL DEPTS) 4/30/98 3647 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. 358(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS SB 358(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS SB 358(FIN) will be in third reading on the May 12, 1998 calendar. SECOND READING OF SENATE RESOLUTIONS SCR 11 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 11(FIN) Creating the Long-Term Care Task Force. 1998-05-11 House Journal Page 3839 SCR 11 with the: Journal Page HES RPT 6DP 3332 SENATE FISCAL NOTE (LAA) 3/4/98 3332 2 SENATE ZERO FNS (DCED, GOV) 3/4/98 3332 FIN RPT 2DP 1DNP 4NR 3555 SENATE FISCAL NOTE (LAA) 3/4/98 3555 2 SENATE ZERO FNS (DCED, GOV) 3/4/98 3555 The question being: "Shall CSSCR 11(FIN) pass the House?" The roll was taken with the following result: CSSCR 11(FIN) Second Reading YEAS: 36 NAYS: 3 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, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Hanley, Kohring, Ogan Absent: Moses And so, CSSCR 11(FIN) passed the House. Representative Kott gave notice of reconsideration of his vote on CSSCR 11(FIN). SCR 29 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 29 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 471, relating to the boards of commissioners of regional Native housing authorities, and relating to the reinstatement of Native corporations. 1998-05-11 House Journal Page 3840 SCR 29 The question being: "Shall SCR 29 pass the House?" The roll was taken with the following result: SCR 29 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, 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: Moses And so, SCR 29 passed the House. Representative Kubina gave notice of reconsideration of his vote on SCR 29. SCR 30 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 30 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 7, relating to establishment of community dispute resolution centers. The question being: "Shall SCR 30 pass the House?" The roll was taken with the following result: SCR 30 Second Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 1998-05-11 House Journal Page 3841 SCR 30 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Martin Absent: Moses And so, SCR 30 passed the House. Representative Kubina gave notice of reconsideration of his vote on SCR 30. CONSIDERATION OF THE SECOND SUPPLEMENTAL CALENDAR Representative Porter moved and asked unanimous consent that the House adopt the Second Supplemental Calendar. Objection was heard. The question being: "Shall the House adopt the Second Supplemental Calendar?" The roll was taken with the following result: Adopt Second Supplemental Calendar YEAS: 28 NAYS: 11 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia, Vezey Absent: Moses 1998-05-11 House Journal Page 3842 And so, the House adopted the following Second Supplemental Calendar: SB 209 CSSB 216(JUD) CSSB 259(TRA) am CSSB 340(FIN) SECOND READING OF SENATE BILLS SB 209 The following was read the second time: SENATE BILL NO. 209 "An Act relating to the Task Force on Privatization; and providing for an effective date." with the: Journal Page FIN RPT 6DP 2348 SENATE IND FN (GOV/ALL DEPTS) 1/21/98 2349 SENATE FISCAL NOTE (LAA) 1/21/98 2349 RLS RPT HCS(RLS) 1DP 1DNP 3NR 2980 SENATE IND FN (GOV/ALL DEPTS) 1/21/98 2981 SENATE FISCAL NOTE (LAA) 1/21/98 2981 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. 209(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kohring: Page 2, line 22: Delete "." Insert "; OATH. (a)" 1998-05-11 House Journal Page 3843 SB 209 Page 2, following line 24: Insert a new subsection to read: "(b) A co-chair of the task force may administer an oath to a witness appearing before the task force." Representative Kohring moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SB 209(RLS) Second Reading Amendment No. 1 YEAS: 7 NAYS: 32 EXCUSED: 0 ABSENT: 1 Yeas: Cowdery, Dyson, Kohring, Ogan, Rokeberg, Ryan, Vezey Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Sanders, Therriault, Williams Absent: Moses And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 209(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 209(RLS) will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3844 SB 216 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: CS FOR SENATE BILL NO. 216(JUD) "An Act providing for the civil commitment of sexually violent predators." SB 259 The following was read the second time: CS FOR SENATE BILL NO. 259(TRA) am "An Act relating to the membership of a metropolitan highway planning organization." with the: Journal Page TRA RPT 3DP 3NR 2618 SENATE ZERO FISCAL NOTE (DOT) 2/20/98 2619 RLS RPT HCS(RLS) 2DP 3NR 3677 SENATE ZERO FISCAL NOTE (DOT) 2/20/98 3678 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. 259(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 259(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 259(RLS) will be in third reading on the May 12, 1998 calendar. 1998-05-11 House Journal Page 3845 SB 340 The following was read the second time: CS FOR SENATE BILL NO. 340(FIN) "An Act relating to the University of Alaska and university land, and authorizing the University of Alaska to select additional state land." with the: Journal Page FIN RPT HCS(FIN) 7DP 3NR 3779 2 FISCAL NOTES (DNR, UA) 5/6/98 3779 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. 340(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 13, following line 24: Insert a new bill section to read: "*Sec. 9. This Act takes effect only if a federal law is enacted by December 31, 2001, that makes at least 250,000 acres of federal land available for conveyance to the University of Alaska or to the state for the benefit of the University of Alaska and the university or state has selected 250,000 acres of the land to be conveyed." Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Martin objected. Representative Kubina placed a call of the House and lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1998-05-11 House Journal Page 3846 SB 340 HCS CSSB 340(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Croft, Davies, Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Nicholia, Phillips, Vezey, Williams Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, James, Kelly, Kohring, Martin, Masek, Mulder, Porter, Rokeberg, Ryan, Sanders, Therriault Absent: Ogan And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 340(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 340(FIN) will be in third reading on the May 12, 1998 calendar. SB 216 The following, which had been moved to the bottom of the Second Supplemental Calendar (page 3844), was again before the House: CS FOR SENATE BILL NO. 216(JUD) "An Act providing for the civil commitment of sexually violent predators." The Speaker waived the Finance Committee referral at the request of Representative Therriault, Co-chair. 1998-05-11 House Journal Page 3847 SB 216 CSSB 216(JUD) was read the second time. with the: Journal Page JUD RPT HCS(JUD) 1DP 3NR 3676 4 S FNS (ADM, COR, DHSS, COURTS) 4/22/98 3677 2 SENATE FNS (ADM, LAW) 4/23/98 3677 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. 216(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 216(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 216(JUD) will be in third reading on the May 12, 1998 calendar. UNFINISHED BUSINESS HB 329 Representative Kubina moved and asked unanimous consent that the following be withdrawn from the Finance Committee: HOUSE BILL NO. 329 "An Act amending the definition of correctional facility to include a therapeutic treatment center; providing for the conveyance of the Harborview Developmental Center and appurtenant land to the City of Valdez for the purpose of conversion and lease of a part of the center for a therapeutic treatment center for the Department of Corrections; providing that such a land conveyance counts toward the general grant land entitlement of the City of Valdez; and providing for an effective date." 1998-05-11 House Journal Page 3848 HB 329 Objection was heard. The question being: "Shall HB 329 be withdrawn from the Finance Committee?" The roll was taken with the following result: HB 329 Withdraw from Finance Committee YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, the motion failed. HB 282 Representative Kohring moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 282 "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and amending the purposes for which grants may be made from the legal assistance and juvenile justice grant fund in order to provide financial assistance for the operation of youth courts." There being no objection, HB 282 was withdrawn. HB 7 Representative Ryan added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE BILL NO. 7(JUD) "An Act authorizing establishment of community dispute resolution centers to foster the resolution of disputes between 1998-05-11 House Journal Page 3849 HB 7 juvenile offenders and their victims, and providing immunity from civil suits for members of the boards of directors and certain participants in youth courts." SCR 11 Representatives Brice and Croft added their names as cross sponsors to: CS FOR SENATE CONCURRENT RESOLUTION NO. 11(FIN) Creating the Long-Term Care Task Force. SB 11 Representatives Croft, Ryan and Berkowitz added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." SB 36 Representative Ryan added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 36(FIN) "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." SB 216 Representatives Ryan, Croft and Dyson added their names as cross sponsors to: 1998-05-11 House Journal Page 3850 SB 216 HOUSE CS FOR CS FOR SENATE BILL NO. 216(JUD) "An Act providing for the civil commitment of sexually violent predators." ENROLLMENT HB 370 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 12:05a.m., May 12, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) "An Act making appropriations for relief of the 1997 economic disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." ANNOUNCEMENTS House Committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until noon, May 12, 1998. There being no objection, the House adjourned at 3:15 a.m., May 12, 1998 Suzi Lowell Chief Clerk