Legislature(1999 - 2000)
1999-04-23 House Journal
Full Journal pdf1999-04-23 House Journal Page 0937 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 23, 1999 Ninety-fifth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:05 a.m. Roll call showed 37 members present. Representative Kapsner had been previously excused from a call of the House today. Representatives Mulder and Therriault were absent and their presence was noted later. The invocation was offered by the Reverend Larry Olson of the Eagle Wings Community Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Lord and Creator, On this chilly, damp, and dreary day, we pray that this chamber would be a source of warmth, light, and hope for this state. Lord, You have been so generous to us, and we are so wealthy. We lack nothing. You have made us rich. Guard us from a timid spirit and a spirit of poverty. We pray that we would not be overwhelmed by what we believe is not possible and by what we believe we can not do. Instead, let us venture out in faith as those who founded this state did. We pray we would not be content with blessing ourselves. May we be a blessing to others. 1999-04-23 House Journal Page 0938 We pray for those people and those causes we name in our hearts now. Amen The Pledge of Allegiance was led by Representative Coghill. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 94th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 50 A message dated April 22, 1999, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 50(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) The President appointed the following members to a Conference Committee to meet with the like Committee from the House to consider the bills: Senator Parnell, Chair; and Senators Torgerson and Adams (page 1045 of the Senate journal). The House members of the Conference Committee are Representative Mulder, Chair; and Representatives Therriault and Grussendorf (page928). 1999-04-23 House Journal Page 0939 HB 51 A message dated April 22, 1999, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 51(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S (same title) The President appointed the following members to a Conference Committee to meet with the like Committee from the House to consider the bills: Senator Parnell, Chair; and Senators Torgerson and Adams (page 1046 of the Senate journal). The House members of the Conference Committee are Representative Mulder, Chair; and Representatives Therriault and Grussendorf (page930). REPORTS OF STANDING COMMITTEES HCR 5 The Transportation Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 5 Relating to extension of the James Dalton Highway to the Arctic Ocean. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) (same title) The report was signed by Representative Halcro, Vice Chair, with the following individual recommendations: 1999-04-23 House Journal Page 0940 HCR 5 Do pass (4): Hudson, Sanders, Cowdery, Halcro No recommendation (2): Kookesh, Kemplen The following fiscal note applies to CSHCR 5(TRA): Zero fiscal note, House Transportation Committee/Dept. of Natural Resources, 4/23/99 HCR 5 was referred to the Finance Committee. HCR 6 The Community & Regional Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 6 Establishing the Task Force on the Impacts of Transfers of Governmental Functions to Local Governments. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 6(CRA) (same title) The report was signed by Representative Harris, Co-chair, with the following individual recommendations: Do pass (7): Halcro, Harris, Murkowski, Morgan, Dyson, Kookesh, Joule The following fiscal note applies to CSHCR 6(CRA): Zero fiscal note, House Community & Regional Affairs Committee, 4/23/99 HCR 6 was referred to the Finance Committee. 1999-04-23 House Journal Page 0941 HB 85 The Judiciary Committee has considered: HOUSE BILL NO. 85 "An Act relating to licensure and professional discipline of members of the teaching profession and providing for related penalties; relating to grounds for dismissal of a teacher; relating to the Professional Teaching Practices Commission; relating to limited immunity for procedures under the Educator Ethics Act; making conforming amendments; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 85(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Croft, Kott, James, Kerttula The following fiscal note applies to CSHB 85(JUD): Zero fiscal note, Dept. of Education, 2/10/99 HB 85 was referred to the Finance Committee. **The presence of Representative Therriault was noted. HB 199 The State Affairs Committee has considered: HOUSE BILL NO. 199 "An Act relating to compensation for certain state employees; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(STA) (same title) 1999-04-23 House Journal Page 0942 HB 199 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): Ogan, Coghill Do not pass (3): Smalley, Kerttula, Hudson No recommendation (2): James, Whitaker The following fiscal note applies to CSHB 199(STA): Fiscal note, Dept. of Administration/All Depts., 4/23/99 HB 199 was referred to the Finance Committee. HB 201 The Finance Committee has considered: HOUSE BILL NO. 201 "An Act relating to the computation of overtime; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 201(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (6): Mulder, Kohring, Austerman, Moses, Davis, Foster Do not pass (1): Bunde No recommendation (3): Therriault, Grussendorf, Williams Amend (1): Davies 1999-04-23 House Journal Page 0943 HB 201 The following fiscal note applies to CSHB 201(FIN): Zero fiscal note, Dept. of Labor, 4/22/99 HB 201 was referred to the Rules Committee for placement on the calendar. SB 102 The Transportation Committee has considered: SENATE BILL NO. 102 "An Act designating the State Trooper Bruce A. Heck Memorial Corridor." The report was signed by Representative Halcro, Vice Chair, with the following individual recommendations: Do pass (5): Hudson, Kookesh, Cowdery, Sanders, Halcro The following fiscal note applies: Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/9/99 SB 102 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 58 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 58 "An Act relating to certain audits regarding oil and gas royalty and net profits and to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses; and providing for an effective date." 1999-04-23 House Journal Page 0944 HB 58 The report was signed by Representative Whitaker, Chair, with the following individual recommendations: Do pass (4): Porter, Smalley, Harris, Whitaker No recommendation (4): Ogan, Kemplen, Phillips, Brice The following fiscal notes apply: Fiscal note, Dept. of Revenue, 1/22/99 Fiscal note, Dept. of Natural Resources, 1/22/99 HB 58 was referred to the Resources Committee. HB 194 The House Special Committee on Oil & Gas has considered: HOUSE BILL NO. 194 "An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name." The report was signed by Representative Whitaker, Chair, with the following individual recommendations: Do pass (6): Kemplen, Phillips, Porter, Smalley, Harris, Whitaker No recommendation (2): Ogan, Brice The following fiscal notes apply: Zero fiscal note, Dept. of Environmental Conservation, 4/23/99 Zero fiscal note, Dept. of Military & Veterans Affairs, 4/23/99 HB 194 was referred to the Resources Committee. 1999-04-23 House Journal Page 0945 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - AmeriCorp VISTA Volunteers in Alaska By Representatives Kerttula, Hudson; Senator Elton Honoring - East High School Thunderbird Men's Basketball Team, 1999 State 4A Champions By Senator Tim Kelly Honoring - Chuck White, Anchorage East High School Boys Basketball Coach By Senator Tim Kelly In Memoriam - William "Billy" Kuugaurak Sheldon, Sr. By Representative Joule; Senator Adams **The presence of Representative Mulder was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 38 HOUSE JOINT RESOLUTION NO. 38 by Representatives Sanders and Kohring: Relating to voluntary school prayer. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. RECONSIDERATION SB 99 Representative Green brought up reconsideration of the vote on HCS CSSB 99(JUD) am H (page 926). The following was again before the House in third reading: 1999-04-23 House Journal Page 0946 SB 99 HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD) am H "An Act providing for preparation for redistricting before appointment of the Redistricting Board; relating to preclearance under the Voting Rights Act of 1965, as amended, and legal representation of the state in matters concerning redistricting; clarifying the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska; relating to adjustment of census numbers by using estimates, population surveys, or sampling in the redistricting of the house of representatives and the senate; and prohibiting expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 99(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 99(JUD) am H--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kemplen, Kerttula, Kookesh, Moses, Smalley Excused: Kapsner And so, HCS CSSB 99(JUD) am H passed the House on reconsideration. Representative Green 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. 1999-04-23 House Journal Page 0947 SB 99 HCS CSSB 99(JUD) am H was referred to the Chief Clerk for engrossment. HCR 7 Representative Green brought up reconsideration of the vote on HCR 7(fld H) (page 932). The following was again before the House in second reading: HOUSE CONCURRENT RESOLUTION NO. 7 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 99, relating to the decennial census of the United States and prohibiting the use of estimates or adjusted census figures in redistricting. The question to be reconsidered: "Shall HCR 7 pass the House?" The roll was taken with the following result: HCR 7--RECONSIDERATION Second Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kemplen, Kerttula, Kookesh, Moses, Smalley Excused: Kapsner And so, HCR 7 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/23 1999-04-23 House Journal Page 0948 The Speaker stated that, without objection, the House would recess; and so, the House recessed at 10:21 a.m. AFTER RECESS The Speaker called the House back to order at 11:05 a.m. A second quorum call showed 34 members present. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 69 The following was read the second time: HOUSE BILL NO. 69 "An Act relating to the Alcoholic Beverage Control Board; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 2DP 2NR 1AM 387 ZERO FISCAL NOTE (REV) 388 FIN RPT CS(FIN) NT 4DP 1NR 2AM 581 ZERO FISCAL NOTE (REV) 3/8/99 582 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 69(FIN) "An Act requiring certain reports or information from alcoholic beverage licensees that are also limited liability organizations; relating to powers of employees of the Alcoholic Beverage Control Board to investigate violations of certain criminal laws; relating to regulation of alcoholic beverage licenses issued to limited liability organizations; relating to brewpub licenses; relating to package store licenses; relating to consumption of alcoholic beverages on licensed premises; relating to the liability of a member of a limited liability organization who also holds an alcoholic beverage license; 1999-04-23 House Journal Page 0949 HB 69 extending the termination date of the Alcoholic Beverage Control Board to June 30, 2003; relating to residency requirements for obtaining an alcoholic beverage license; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Halcro: Page 1, line 5, following "package store licenses;" (title amendment): Insert "repealing a prohibition on the issuance of a restaurant or eating place license when the license applicant is a representative or owner of a certain type of business holding an alcoholic beverage license;" Page 4, line 17, through page 5, line 1: Delete all material. Renumber the following bill sections accordingly. Page 8, following line 13: Insert a new bill section to read: "* Sec. 12. AS04.11.450(b) is amended to read: (b) A person who is a representative or owner of a wholesale business, brewery, winery, bottling works, or distillery may not be issued, solely or together with others, a beverage dispensary license ¦, A RESTAURANT OR EATING PLACE LICENSE,á or package store license. A holder of a beverage dispensary license may be issued a brewpub license, subject to the provisions of AS04.11.135. ¦THE PROHIBITION AGAINST ISSUANCE OF A RESTAURANT OR EATING PLACE LICENSE IMPOSED UNDER THIS SUBSECTION DOES NOT APPLY TO A RESTAURANT OR EATING PLACE LICENSE ISSUED ON OR BEFORE OCTOBER 1, 1996 OR A RESTAURANT OR EATING PLACE LICENSE ISSUED UNDER AN APPLICATION FOR A RESTAURANT OR EATING PLACE LICENSE APPROVED ON OR BEFORE OCTOBER 1, 1996.á" Renumber the following bill sections accordingly. 1999-04-23 House Journal Page 0950 HB 69 Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. Representative Berkowitz moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Berkowitz was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Halcro, Joule, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Moses, Murkowski, Sanders, Smalley, Whitaker Nays: Barnes, Bunde, Cissna, Coghill, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Williams Excused: Kapsner And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 1, line 5, following "organizations;" (title amendment): Insert "repealing a provision of law limiting hours of entertainment on premises licensed as a restaurant or eating place;" Page 3, following line 31: Insert a new bill section to read: 1999-04-23 House Journal Page 0951 HB 69 "* Sec. 5. AS04.11.100(g) is amended to read: (g) A restaurant or eating place licensee ¦(1)á operating under a license issued under (f) of this section shall offer a full-service menu of food items available to the public during all times that beer or wine is served or consumed; the menu must be approved by the board ¦; (2) MAY ONLY PROVIDE ENTERTAINMENT ON THE LICENSED PREMISES BETWEEN THE HOURS OF 3:00 P.M. AND 11:00 P.M. UNLESS APPROVED BY THE DIRECTOR AFTER WRITTEN REQUEST BY THE LICENSEE FOR A SPECIFIC OCCASION; IN THIS PARAGRAPH, "ENTERTAINMENT" INCLUDES DANCING, KARAOKE, LIVE PERFORMANCES, OR SIMILAR ACTIVITIES, BUT DOES NOT INCLUDE RECORDED OR BROADCAST PERFORMANCES WITHOUT LIVE PARTICIPATIONá." Renumber the following bill sections accordingly. Page 9, line 16: Delete "Section 17" Insert "Section 18" Page 9, line 17: Delete "sec. 19" Insert "sec. 20" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 2 YEAS: 17 NAYS: 21 EXCUSED: 1 ABSENT: 1 1999-04-23 House Journal Page 0952 HB 69 Yeas: Berkowitz, Brice, Croft, Davies, Dyson, Grussendorf, Halcro, Hudson, Joule, Kemplen, Kerttula, Kookesh, Murkowski, Phillips, Sanders, Smalley, Whitaker Nays: Austerman, Barnes, Bunde, Cissna, Coghill, Cowdery, Davis, Foster, Green, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Ogan, Porter, Rokeberg, Therriault, Williams Excused: Kapsner Absent: Moses And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Croft: Page 1, line 5, following "package store licenses;" (title amendment): Insert "relating to a licensees violation of laws relating to alcoholic beverage licensing, sales, and distribution and to imposition, monitoring, and enforcement of conditions imposed on alcohol beverage licensees that are recommended by a local governing body and that are required to be imposed on an alcohol beverage licensee unless the Alcoholic Beverage Control Board determines the recommended conditions are arbitrary, capricious, or unreasonable;" Page 8, following line 16: Insert a new bill section to read: "* Sec. 14. AS04.11.480 is amended by adding new subsections to read: (c) A local governing body may recommend that a license be issued, renewed, relocated, or transferred with conditions. The board shall consider recommended conditions and testimony received at a hearing conducted under AS04.11.510(b)(2) or (4) when it considers the application or continued operation, and the recommended conditions and the record of the hearing conducted under AS04.11.510(b)(2) or (4) shall be kept as part of the boards permanent record of its review. If the local governing body recommends conditions, the board shall impose the recommended conditions unless the board finds that the 1999-04-23 House Journal Page 0953 HB 69 recommended conditions are arbitrary, capricious, or unreasonable. If a condition recommended by a local governing body is imposed on a licensee, the local governing body shall assume responsibility for monitoring compliance with the condition, except as otherwise provided by the board. (d) In addition to the right to protest under (a) of this section, a local governing body may notify the board that the local governing body has determined that a licensee has violated a provision of this title or a condition imposed on the licensee by the board. Unless the board finds that the local governing bodys determination is arbitrary, capricious, or unreasonable, the board shall prepare the determination as an accusation against the licensee under AS44.62.360 and conduct proceedings to resolve the matter as described under AS04.11.510(c)." Renumber the following bill sections accordingly. Page 9, line 16: Delete "Section 17" Insert "Section 18" Page 9, line 17: Delete "sec. 19" Insert "sec. 20" Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. Amendment to Amendment No. 3 was offered by Representative Rokeberg: In subsection "(c)", line 9: Delete "shall" Insert "may" Representative Rokeberg moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. Representative Croft objected. 1999-04-23 House Journal Page 0954 HB 69 The question being: "Shall Amendment to Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment to Amendment No. 3 YEAS: 6 NAYS: 32 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Foster, Masek, Mulder, Rokeberg, Williams Nays: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker Excused: Kapsner Absent: Moses And so, Amendment to Amendment No. 3 was not adopted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 69(FIN) Second Reading Amendment No. 3 YEAS: 31 NAYS: 7 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Morgan, Murkowski, Ogan, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Barnes, Foster, Kott, Masek, Mulder, Phillips, Rokeberg Excused: Kapsner 1999-04-23 House Journal Page 0955 HB 69 Absent: Moses And so, Amendment No. 3 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 69(FIN) am "An Act requiring certain reports or information from alcoholic beverage licensees that are also limited liability organizations; relating to powers of employees of the Alcoholic Beverage Control Board to investigate violations of certain criminal laws; relating to regulation of alcoholic beverage licenses issued to limited liability organizations; relating to brewpub licenses; relating to package store licenses; relating to a licensee's violation of laws relating to alcoholic beverage licensing, sales, and distribution and to imposition, monitoring, and enforcement of conditions imposed on alcohol beverage licensees that are recommended by a local governing body and that are required to be imposed on an alcohol beverage licensee unless the Alcoholic Beverage Control Board determines the recommended conditions are arbitrary, capricious, or unreasonable; relating to consumption of alcoholic beverages on licensed premises; relating to the liability of a member of a limited liability organization who also holds an alcoholic beverage license; extending the termination date of the Alcoholic Beverage Control Board to June 30, 2003; relating to residency requirements for obtaining an alcoholic beverage license; and providing for an effective date." Amendment No. 4 was offered by Representative Berkowitz: Page 1, line 9, following "2003;" (title amendment): Insert "relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood;" Page 9, following line 11: Insert new bill sections to read: "* Sec. 17. AS28.35.030(a) is amended to read: (a) A person commits the crime of driving while intoxicated if the person operates or drives a motor vehicle or operates an aircraft or a watercraft 1999-04-23 House Journal Page 0956 HB 69 (1) while under the influence of intoxicating liquor, or any controlled substance; (2) when, as determined by a chemical test taken within four hours after the alleged offense was committed, there is 0.08 [0.10á percent or more by weight of alcohol in the person's blood or 80 ¦100á milligrams or more of alcohol per 100 milliliters of blood, or when there is 0.08 ¦0.10á grams or more of alcohol per 210 liters of the person's breath; or (3) while the person is under the combined influence of intoxicating liquor and a controlled substance. * Sec. 18. AS28.35.033(a) is amended to read: (a) Upon the trial of a civil or criminal action or proceeding arising out of acts alleged to have been committed by a person while operating or driving a motor vehicle or operating an aircraft or a watercraft while intoxicated, the amount of alcohol in the person's blood or breath at the time alleged shall give rise to the following presumptions: (1) If there was 0.04 ¦0.05á percent or less by weight of alcohol in the person's blood, or 40 ¦50á milligrams or less of alcohol per 100 milliliters of the person's blood, or 0.04 ¦0.05á grams or less of alcohol per 210 liters of the person's breath, it shall be presumed that the person was not under the influence of intoxicating liquor. (2) If there was in excess of 0.04 ¦0.05á percent but less than 0.08 ¦0.10á percent by weight of alcohol in the person's blood, or in excess of 40 ¦50á but less than 80 ¦100á milligrams of alcohol per 100 milliliters of the person's blood, or in excess of 0.04 ¦0.05á grams but less than 0.08 ¦0.10á grams of alcohol per 210 liters of the person's breath, that fact does not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but that fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor. (3) ¦REPEALED (4)á If there was 0.08 ¦0.10á percent or more by weight of alcohol in the person's blood, or 80 ¦100á milligrams or more of alcohol per 100 milliliters of the person's blood, or 0.08 ¦0.10á grams or more of alcohol per 210 liters of the person's breath, it shall be presumed that the person was under the influence of intoxicating liquor." 1999-04-23 House Journal Page 0957 HB 69 Renumber the following bill sections accordingly. Page 9, line 16: Delete "17" Insert "19" Page 9, line 17: Delete "19" Insert "21" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Davis objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 69(FIN) am Second Reading Amendment No. 4 YEAS: 10 NAYS: 20 EXCUSED: 1 ABSENT: 9 Yeas: Berkowitz, Brice, Davies, Joule, Kerttula, Kookesh, Ogan, Smalley, Therriault, Whitaker Nays: Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Green, Halcro, Harris, Hudson, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders Excused: Kapsner Absent: Austerman, Cissna, Croft, Dyson, Grussendorf, James, Kemplen, Moses, Williams And so, Amendment No. 4 was not adopted. Representative Green moved and asked unanimous consent that CSHB 69(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1999-04-23 House Journal Page 0958 HB 69 CSHB 69(FIN) am was read the third time. The question being: "Shall CSHB 69(FIN) am pass the House?" The roll was taken with the following result: CSHB 69(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kapsner Absent: Cissna, Moses And so, CSHB 69(FIN) am passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 69(FIN) am was referred to the Chief Clerk for engrossment. HB 133 The following was read the second time: HOUSE BILL NO. 133 "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date." with the: Journal Page CRA RPT 3DP 4NR 620 ZERO FISCAL NOTE (DCRA) 620 1999-04-23 House Journal Page 0959 HB 133 FIN RPT CS(FIN) 7DP 1DNP 2NR 789 ZERO FISCAL NOTE (DCRA) 3/31/99 789 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 133(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, line 5 through Page 2, line 20: Delete all material. Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 133(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 22 EXCUSED: 2 ABSENT: 8 Yeas: Berkowitz, Brice, Croft, Davies, Grussendorf, Joule, Kerttula, Smalley Nays: Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Morgan, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Kapsner, Kemplen 1999-04-23 House Journal Page 0960 HB 133 Absent: Austerman, Barnes, Cissna, Kookesh, Kott, Masek, Moses, Mulder And so, Amendment No. 1 was not adopted. Representative Green moved and asked unanimous consent that CSHB 133(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 133(FIN) will be in third reading on the April 26, 1999, calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 33 The following was read the second time: HOUSE JOINT RESOLUTION NO. 33 Urging the United States Senate to decline to ratify the treaty from the United Nations Framework Convention on Climate Change adopted in December 1997 at Kyoto, Japan. with the: Journal Page WTR RPT 5DP 2NR 700 ZERO FISCAL NOTE (H.WTR) 701 Representative Green moved and asked unanimous consent that HJR33 be considered engrossed, advanced to third reading and placed on final passage. Representative Davies objected. The Speaker stated that HJR 33 will be in third reading on the April26, 1999, calendar. 1999-04-23 House Journal Page 0961 HJR 36 The following was read the second time: HOUSE JOINT RESOLUTION NO. 36 Relating to rejecting the conclusions in a recent article published by the American Psychological Association that suggests that sexual relationships between adults and children might be positive for children; and urging the President of the United States and the United States Congress to similarly reject these conclusions. with the: Journal Page HES RPT CS(HES) 6DP 863 ZERO FISCAL NOTE (HES) 863 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) (same title) There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative Croft: Page 2, line 11, following "published": Insert ", but did not endorse," Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHJR 36(HES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 36(HES) am was read the third time. 1999-04-23 House Journal Page 0962 HJR 36 The question being: "Shall CSHJR 36(HES) am pass the House?" The roll was taken with the following result: CSHJR 36(HES) am Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 2 ABSENT: 8 Yeas: Austerman, Barnes, Brice, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, James, Joule, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kapsner, Kemplen Absent: Berkowitz, Cissna, Croft, Davies, Grussendorf, Hudson, Kerttula, Moses And so, CSHJR 36(HES) am passed the House. Representative Mulder gave notice of reconsideration of his vote on CSHJR 36(HES) am. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Bethel High School's Cheerleaders and Basketball Players By Representatives Kapsner, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams 1999-04-23 House Journal Page 0963 UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kott - from 6:15 a.m., April 24 to 9:23 p.m., plane time, April 25, 1999 Representative Williams - from 2:19 p.m., April 23 to 9:30 p.m., plane time, April 25, 1999 HCR 8 The Speaker waived the Transportation Committee referral for the following at the request of Representative Masek, Chair: HOUSE CONCURRENT RESOLUTION NO. 8 Urging the Alaska Railroad Corporation to select an Alaska company for the design and construction of three rail barges and the charter and operation of tugboats for service between Seattle and Alaska as indicated in the Request for Proposal 99-13-18685. HCR 8 was removed from the Transportation Committee and referred to the Rules Committee for placement on the calendar. HCR 8 Representatives Kohring, Kott, Austerman, Cowdery, Harris, Porter, Masek, and Bunde added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 8 Urging the Alaska Railroad Corporation to select an Alaska company for the design and construction of three rail barges and the charter and operation of tugboats for service between Seattle and Alaska as indicated in the Request for Proposal 99-13-18685. HB 69 Representative Smalley added his name as cosponsor to: CS FOR HOUSE BILL NO. 69(FIN) am "An Act requiring certain reports or information from alcoholic beverage licensees that are also limited liability organizations; 1999-04-23 House Journal Page 0964 HB 69 relating to powers of employees of the Alcoholic Beverage Control Board to investigate violations of certain criminal laws; relating to regulation of alcoholic beverage licenses issued to limited liability organizations; relating to brewpub licenses; relating to package store licenses; relating to a licensee's violation of laws relating to alcoholic beverage licensing, sales, and distribution and to imposition, monitoring, and enforcement of conditions imposed on alcohol beverage licensees that are recommended by a local governing body and that are required to be imposed on an alcohol beverage licensee unless the Alcoholic Beverage Control Board determines the recommended conditions are arbitrary, capricious, or unreasonable; relating to consumption of alcoholic beverages on licensed premises; relating to the liability of a member of a limited liability organization who also holds an alcoholic beverage license; extending the termination date of the Alcoholic Beverage Control Board to June 30, 2003; relating to residency requirements for obtaining an alcoholic beverage license; and providing for an effective date." HB 165 Representative Austerman added his name as cosponsor to: HOUSE BILL NO. 165 "An Act relating to school crisis response planning." HB 192 Representative Ogan added his name as cosponsor to: HOUSE BILL NO. 192 "An Act relating to reciting the pledge of allegiance by public school students." HB 210 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 210 "An Act relating to establishing a disciplinary and safety program in public schools; and providing for an effective date." 1999-04-23 House Journal Page 0965 ENGROSSMENT HCR 7 HCR 7 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 69 CSHB 69(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 99 HCS CSSB 99(JUD) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today was changed as indicated: Judiciary Committee 1:00 p.m., 4/23 meeting CHANGED TO: 1:30 p.m., 4/23 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 26, 1999. There being no objection, the House adjourned at 12:54 p.m. Suzi Lowell Chief Clerk