Legislature(1999 - 2000)
1999-04-29 House Journal
Full Journal pdf1999-04-29 House Journal Page 1063 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 29, 1999 One Hundred First Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 36 members present. Representatives Barnes, Brice and Mulder were absent and their presence was noted later. Representative Green moved and asked unanimous consent that Representative Joule be excused from a call of the House from 9:00a.m. to 9:30 p.m. today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Envoy Craig Fanning of the Salvation Army. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Father, We enter Your presence this morning, reminded that we are but Your instruments on this earth. Reveal Your presence to those present today in a new and exciting way, reassuring them that they are Your workmen that needeth not to be ashamed. Grant to those who are elected to govern, the desire to protect those who can not protect themselves. We also ask that You will bless and use those who work in their offices, granting to them a steadfast spirit and a sensitive heart to those issues that will affect Your people that call Alaska home. Hear our prayer, Father. Amen 1999-04-29 House Journal Page 1064 The Pledge of Allegiance was led by Representative Murkowski. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 100th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated April 28, 1999, was read stating that, in accordance with Article III, Section 19 of the Alaska Constitution, the Governor submits the following name for legislative confirmation of appointment to the position noted. The Speaker referred the following to the House Special Committee on Military & Veterans' Affairs: Alaska Army National Guard - Brigadier General Colonel David E. Glines - Anchorage Appointed: 04/28/99 A resume for the appointment is on file in the Chief Clerk's office. MESSAGES FROM THE SENATE A message dated April 28, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 125 CS FOR SENATE BILL NO. 125(CRA) by the Senate Community & Regional Affairs Committee, entitled: "An Act relating to school crisis response planning." was read the first time and referred to the Health, Education & Social Services Committee. **The presence of Representative Barnes was noted. 1999-04-29 House Journal Page 1065 REPORTS OF STANDING COMMITTEES HB 110 The Labor & Commerce Committee has considered: HOUSE BILL NO. 110 "An Act relating to the sale, offer to sell, and labeling of fluid milk, meat, and meat products." and recommends it be replaced with: CS FOR HOUSE BILL NO. 110(L&C) "An Act relating to the labeling of milk, cream, or any product or byproduct of milk or cream." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Murkowski, Harris, Cissna, Halcro The following fiscal notes apply to CSHB 110(L&C): Zero fiscal note, Dept. of Natural Resources, 4/29/99 Zero fiscal note, Dept. of Environmental Conservation, 4/29/99 HB 110 was referred to the Judiciary Committee and later waived. **The presence of Representative Brice was noted. HB 156 The Finance Committee has considered: HOUSE BILL NO. 156 "An Act relating to investments by the Alaska Permanent Fund Corporation; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 156(FIN) (same title) 1999-04-29 House Journal Page 1066 HB 156 The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Bunde, Kohring, Grussendorf, Moses, Williams, Davis, Austerman No recommendation (1): Therriault The following fiscal note applies to CSHB 156(FIN): Forthcoming fiscal note(s) HB 156 was referred to the Rules Committee for placement on the calendar. HB 165 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 165 "An Act relating to school crisis response planning." and recommends it be replaced with: CS FOR HOUSE BILL NO. 165(HES) (same title) The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (6): Green, Morgan, Dyson, Coghill, Whitaker, Brice The following fiscal notes apply to CSHB 165(HES): Zero fiscal note, Dept. of Education, 4/21/99 Zero fiscal note, Dept. of Military & Veterans Affairs, 4/21/99 HB 165 was referred to the Finance Committee. HB 191 The Health, Education & Social Services Committee has considered: 1999-04-29 House Journal Page 1067 HB 191 HOUSE BILL NO. 191 "An Act relating to charter schools; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 191(HES) (same title) The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (1): Dyson No recommendation (6): Green, Morgan, Coghill, Whitaker, Kemplen, Brice The following fiscal notes apply to CSHB 191(HES): Fiscal notes (2), Dept. of Education, 4/29/99 HB 191 was referred to the Finance Committee HB 195 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 195 "An Act relating to school construction grants and to municipal school construction debt reimbursement." The report was signed by Representatives Coghill and Dyson, Co- chairs, with the following individual recommendations: Do pass (1): Dyson No recommendation (6): Green, Morgan, Coghill, Whitaker, Kemplen, Brice 1999-04-29 House Journal Page 1068 HB 195 The following fiscal note applies: Fiscal note, Dept. of Education, 4/29/99 HB 195 was referred to the Finance Committee. HB 203 The Resources Committee has considered: 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 203 "An Act relating to loans from the agricultural revolving loan fund; and providing for an effective date." The report was signed by Representative Sanders, Co-chair, with the following individual recommendations: Do pass (2): Kapsner, Harris No recommendation (5): Joule, Sanders, Masek, Barnes, Morgan The following fiscal note applies: Fiscal note, Dept. of Natural Resources, 4/29/99 2d SSHB 203 was referred to the Finance Committee. HB 208 The Labor & Commerce Committee has considered: HOUSE BILL NO. 208 "An Act relating to professional counselors; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Rokeberg, Halcro, Cissna, Harris, Murkowski 1999-04-29 House Journal Page 1069 HB 208 The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 4/29/99 HB 208 was referred to the Rules Committee for placement on the calendar. SJR 20 The Resources Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 20(RES) Relating to the removal of beaver from Washington, D.C. The report was signed by Representative Sanders, Co-chair, with the following individual recommendations: Do pass (5): Sanders, Morgan, Barnes, Masek, Harris No recommendation (1): Joule The following fiscal note applies: Senate zero fiscal note, Senate Resources Committee, 4/12/99 CSSJR 20(RES) was referred to the Rules Committee for placement on the calendar. SB 33 The Finance Committee has considered: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." and recommends it be replaced with: 1999-04-29 House Journal Page 1070 SB 33 HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (1): Kohring Do not pass (3): Austerman, Grussendorf, Moses No recommendation (6): Therriault, Mulder, Bunde, Foster, Davis, Williams Amend (1): Davies The following fiscal notes apply to HCS CSSB 33(FIN): Fiscal note, Legislative Affairs Agency, 4/29/99 Senate indeterminate fiscal note, Office of the Governor, 2/1/99 CSSB 33(FIN) is on today's calendar. SB 101 The Finance Committee has considered: CS FOR SENATE BILL NO. 101(FIN) am "An Act relating to disasters and to the disaster relief fund." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 101(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (6): Therriault, Bunde, Mulder, Kohring, Austerman, Davis Do not pass (1): Foster 1999-04-29 House Journal Page 1071 SB 101 No recommendation (4): Davies, Grussendorf, Moses, Williams The following fiscal notes apply to HCS CSSB 101(FIN): Senate zero fiscal note, Dept. of Environmental Conservation, 4/7/99 Senate zero fiscal note, Dept. of Military & Veterans Affairs, 4/7/99 CSSB 101(FIN) am is on today's calendar. SB 141 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 141(L&C) "An Act relating to construction contracts and subcontractors; relating to design-build construction contracts; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 141(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Harris No recommendation (2): Cissna, Halcro Amend (1): Murkowski The following fiscal note applies to HCS CSSB 141(L&C): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/21/99 CSSB 141(L&C) was referred to the Rules Committee for placement on the calendar. 1999-04-29 House Journal Page 1072 REPORTS OF SPECIAL COMMITTEES HCR 10 The House Special Committee on Utility Restructuring has considered: HOUSE CONCURRENT RESOLUTION NO. 10 Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(URS) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Porter, Green (Alternate), Hudson No recommendation (4): Berkowitz, Davies, Cowdery, Rokeberg The following fiscal note applies to CSHCR 10(URS): Zero fiscal note, House Special Committee on Utility Restructuring/Dept. of Commerce & Economic Development, 4/29/99 HCR 10 was referred to the Finance Committee. HB 50 The Conference Committee considering: 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." and 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 1999-04-29 House Journal Page 1073 HB 50 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) requests, as an addendum to the April 23, 1999 letter (page978), limited powers of free conference on the following specific points: CATEGORY III Front Section Mental Health - Capital The request was signed by Representatives Mulder (Chair), Therriault and Grussendorf; and Senators Parnell (Chair), Torgerson and Adams. In accordance with Uniform Rule 42(a), the Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. HB 51 The Conference Committee considering: 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S (same title) requests, as an addendum to the April 23, 1999 letter (page978), limited powers of free conference on the following specific points: CATEGORY III Front Section Mental Health - Capital 1999-04-29 House Journal Page 1074 HB 51 The request was signed by Representatives Mulder (Chair), Therriault and Grussendorf; and Senators Parnell (Chair), Torgerson and Adams. In accordance with Uniform Rule 42(a), the Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Famous People Players By Senators Tim Kelly, Miller INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 216 HOUSE BILL NO. 216 by Representatives Harris and Mulder, entitled: "An Act relating to required safety equipment on school buses." was read the first time and referred to the Transportation Committee. HB 217 HOUSE BILL NO. 217 by the House Finance Committee, entitled: "An Act relating to obligations and payments to the state under fishery cooperative contracts; and providing for an effective date." was read the first time and referred to the Finance Committee. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/29 1999-04-29 House Journal Page 1075 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 11:08 a.m. A second quorum call showed 32 present. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 70 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 70 "An Act relating to questionnaires or surveys administered in public schools." RECONSIDERATION HB 151 Representative Davies brought up reconsideration of the vote on CSHB 151(JUD) (page 1054). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 151(JUD) "An Act relating to revocation and reinstatement of the driver's license of a person at least 14 but not yet 21 years of age." Representative Davies moved and asked unanimous consent that CSHB 151(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 1999-04-29 House Journal Page 1076 HB 151 Amendment No. 1 was offered by Representatives Davies and Kott: Page 5, lines 3 - 4: Delete "Sections 2 - 6 of this Act apply to violations that occur on or after the effective date of this Act." Insert "(a) Section 5 of this Act applies to a drivers license revocation occurring before, on, or after the effective date of this Act. (b) Sections 1 - 4, 6, and 7 of this Act apply to a drivers license revocation that occurs on or after the effective date of this Act." Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSHB 151(JUD) am pass the House?" The roll was taken with the following result: CSHB 151(JUD) am--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 1 ABSENT: 6 Yeas: Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Excused: Joule Absent: Austerman, Barnes, Masek, Moses, Mulder, Sanders And so, CSHB 151(JUD) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 1999-04-29 House Journal Page 1077 CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF SENATE BILLS SB 33 The following was read the second time: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." with the: Journal Page STA RPT HCS(STA) 3DP 2DNP 2NR 1049 SENATE INDETERMINATE FN (GOV) 2/1/99 1050 FIN RPT HCS(FIN) 1DP 3DNP 6NR 1AM 1070 FISCAL NOTE (LAA) 1070 SENATE INDETERMINATE FN (GOV) 2/1/99 1070 **The presence of Representative Mulder was noted. Representative Green 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. 33(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Halcro: Page 2, line 30, following "senate": Insert ", one of whom shall be a representative of a Native corporation established under 43 U.S.C. 1601-1628 (Alaska Native Claims Settlement Act)" 1999-04-29 House Journal Page 1078 SB 33 Page 2, line 31, following "house": Insert ", one of whom shall be a representative of a nonprofit corporation formed by a Native corporation established under 43 U.S.C. 1601-1628 (Alaska Native Claims Settlement Act)" Representative Halcro moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) Second Reading Amendment No. 1 YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Smalley, Whitaker, Williams Nays: Austerman, Barnes, Davis, Kohring, Masek, Rokeberg, Sanders, Therriault Excused: Joule And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Kerttula: Page 2, following line 16: Insert new bill sections to read: "* Sec. 2. AS 23.40.080 is amended by adding a new subsection to read: (b) If the state is considering whether to enter a contract with an entity in the private sector of the economy to perform a function previously performed by state employees, the affected 1999-04-29 House Journal Page 1079 SB 33 agency or department must prepare a written review of the contract proposal setting out its benefits and detriments. The review must address the factors of quality of service and cost effectiveness, and may include other factors. The state shall consider the review before making its decision. * Sec. 3. Nothing in sec. 2 of this Act terminates or modifies a collective bargaining agreement in effect on the effective date of this Act." Renumber the following bill sections accordingly. Page 3, line 5: Delete "sec. 2" Insert "sec. 4" Page 3, line 6: Delete "sec. 2(a)(6)" Insert "sec. 4(a)(6)" Page 3, line 8: Delete "sec. 2(b)" Insert "sec. 4(b)" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. Representative Hudson moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. Representative Hudson moved and asked unanimous consent to withdraw the motion to divide the question. There being no objection, it was so ordered. 1999-04-29 House Journal Page 1080 SB 33 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 2 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Moses, Sanders, Smalley, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker Excused: Joule And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Hudson: Page 4, line 1: Delete "2000" Insert "2001" Page 4, line 14: Delete "2000" Insert "2001" Representative Hudson moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1999-04-29 House Journal Page 1081 SB 33 HCS CSSB 33(FIN) am H Second Reading Amendment No. 3 YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Dyson, Harris, Hudson, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Murkowski, Phillips, Sanders, Smalley, Whitaker, Williams Nays: Barnes, Coghill, Cowdery, Davies, Davis, Foster, Green, Grussendorf, Halcro, James, Kohring, Masek, Mulder, Ogan, Porter, Rokeberg, Therriault Excused: Joule And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Croft: Page 2, line 20: Delete "11" Insert "13" Page 2, line 21 through Page 3, line 3: Delete all material. Insert "(1) three members appointed by the governor; one shall be a public member selected from a list of nominees submitted by labor organizations that represent state employees primarily engaged in building or other trades, and one shall be a public member selected from a list of nominees submitted by labor organizations that represent state employees that are not primarily engaged in building or other trades; (2) three members of the senate appointed by the president of the senate; two shall be members of the majority, and one shall be a member of the minority; (3) three members of the house of representatives appointed by the speaker of the house; two shall be members of the majority, and one shall be a member of the minority; (4) one member appointed by the Alaska Municipal League; 1999-04-29 House Journal Page 1082 SB 33 (5) one member appointed by the Alaska State Chamber of Commerce; (6) one public member appointed by the president of the senate; (7) one public member appointed by the speaker of the house. (b) The president of the senate shall select a member from those appointed to the task force by the president of the senate to serve as co-chair of the task force. The speaker of the house of representatives shall select a member from among those appointed to the task force by the speaker of the house of representatives to serve as co-chair of the task force." Reletter the following subsection accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 4 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Grussendorf, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Phillips, Smalley Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Joule And so, Amendment No. 4 was not adopted. 1999-04-29 House Journal Page 1083 SB 33 Amendment No. 5 was offered by Representative Davies: Page 2, line 21: Delete ", one of whom shall be a representative of the labor unions" Page 2, lines 30 and 31: Delete "two" Insert "one" Page 3, line 1: Delete "." Insert ";" Page 3, following line 1: Insert "; (9) one member appointed by the American Federation of Labor - Congress of Industrial Organizations; (10) one member appointed by the largest union representing public employees in the state." Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 5 YEAS: 23 NAYS: 15 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Halcro, Harris, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Moses, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Williams 1999-04-29 House Journal Page 1084 SB 33 Nays: Coghill, Cowdery, Davis, Dyson, Foster, Green, Hudson, James, Kohring, Morgan, Mulder, Ogan, Porter, Therriault, Whitaker Excused: Joule Absent: Bunde And so, Amendment No. 5 was adopted. Amendment No. 6 was offered by Representative Davies: Page 1, line 2, following "Privatization" (title amendment): Insert ", Transfer" Page 2, line 17, following "PRIVATIZATION": Insert ", TRANSFER" Page 2, line 19; Page 3, lines 4, 10 and 13; Page 4, line 1, following "Privatization": Insert ", Transfer" Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Ogan objected. The Speaker ruled Amendment No. 6 out of order. Amendment No. 7 was offered by Representative Ogan: Page 4, line 2, following "written": Insert "preliminary" Page 4, line 4, following "which": Insert "state agencies or functions should be" Representative Ogan moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Croft objected. 1999-04-29 House Journal Page 1085 SB 33 Representative Ogan moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 33(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 33(FIN) am H will be in third reading on the April 30, 1999, calendar. SB 56 The following was read the second time: CS FOR SENATE BILL NO. 56(L&C) "An Act allowing the disclosure of reports with regard to inspection and investigations of certain health care facilities, home health agencies, hospice programs, and assisted living homes; authorizing the Department of Health and Social Services to license home health agencies; and providing for an effective date." with the: Journal Page HES RPT 7DP 977 SENATE ZERO FISCAL NOTE (DHSS) 3/16/99 977 Representative Green moved and asked unanimous consent that CSSB 56(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 56(L&C) was read the third time. The question being: "Shall CSSB 56(L&C) pass the House?" The roll was taken with the following result: CSSB 56(L&C) Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 1999-04-29 House Journal Page 1086 SB 56 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Kohring Excused: Joule, Masek Absent: Sanders And so, CSSB 56(L&C) 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. CSSB 56(L&C) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 57 The following was read the second time: CS FOR SENATE BILL NO. 57(FIN) "An Act relating to vulnerable adults; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) 4DP 897 SENATE ZERO FISCAL NOTE (ADM) 4/6/99 897 Representative Green 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. 57(JUD) (same title) There being no objection, it was so ordered. 1999-04-29 House Journal Page 1087 SB 57 Representative Green moved and asked unanimous consent that HCS CSSB 57(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 57(JUD) was read the third time. The question being: "Shall HCS CSSB 57(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 57(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule, Masek Absent: Foster And so, HCS CSSB 57(JUD) 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. HCS CSSB 57(JUD) was referred to the Chief Clerk for engrossment. SB 101 The following was read the second time: CS FOR SENATE BILL NO. 101(FIN) am "An Act relating to disasters and to the disaster relief fund." 1999-04-29 House Journal Page 1088 SB 101 with the: Journal Page MLV RPT HCS(MLV) 4DP 2NR 1003 2 SENATE ZERO FNS (DEC, DMVA) 4/7/99 1004 FIN RPT HCS(FIN) 6DP 1DNP 4NR 1070 2 SENATE ZERO FNS (DEC, DMVA) 4/7/99 1071 Representative Green 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. 101(FIN) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 101(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 101(FIN) was read the third time. The question being: "Shall HCS CSSB 101(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 101(FIN) Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Croft, Foster, Kapsner, Kerttula, Kookesh, Morgan, Moses Excused: Joule, Masek 1999-04-29 House Journal Page 1089 SB 101 Absent: Rokeberg And so, HCS CSSB 101(FIN) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE BILLS HB 70 The following, which had been moved to the bottom of the calendar (page 1075), was read the second time: HOUSE BILL NO. 70 "An Act relating to questionnaires or surveys administered in public schools." with the: Journal Page HES RPT CS(HES) NT 3DP 3NR 896 ZERO FISCAL NOTE (DOE) 897 RLS RPT CS(RLS) NT 4DP 1NR 1044 ZERO FISCAL NOTE (DOE) 4/21/99 1044 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. 70(RLS) "An Act relating to tests, treatments, surveys, analyses, or evaluations administered in public schools." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kapsner: Page 1, lines 1 - 2 (title amendment): Delete all material. Insert ""An Act relating to questionnaires or surveys administered in public schools."" 1999-04-29 House Journal Page 1090 HB 70 Page 1, line 4, through page 3, line 19: Delete all material. Insert "* Section 1. AS14.03.110 is amended to read: Sec. 14.03.110. Questionnaires and surveys administered in public schools. A school district, principal or other person in charge of a public school, or teacher in a public school may not administer or permit to be administered in a school a questionnaire or survey, whether anonymous or not, that inquires into personal or private family affairs of the student not a matter of public record or subject to public observation unless written permission is obtained from the student's parent or guardian. * Sec. 2. AS14.03.110 is amended by adding a new subsection to read: (b) Written permission required under (a) of this section is valid until the commencement of the subsequent school year or until one of the following occurs: (1) the child completes or withdraws from the course, activity, or program for which the permission of the parent or guardian was granted; or (2) the parent or guardian who gave permission submits a written withdrawal of permission to the school principal." Representative Kapsner moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Dyson objected. The Speaker stated that, without objection, CSHB 70(RLS), with Amendment No. 1 moved and pending, will be held in second reading to the April 30, 1999, calendar. LEGISLATIVE CITATIONS Representative Green 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: 1999-04-29 House Journal Page 1091 Honoring - Paul Sorenson By Representatives Smalley, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Murkowski, Phillips, Rokeberg, Therriault, Williams Honoring - Angoon Eagles Boys High School Basketball Team By Representatives Kookesh, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams Honoring - Klawock High School Chieftains, Alaska State Champs By Representatives Kookesh, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams Honoring - The Skagway Panthers, High School Boys Basketball Team By Representatives Kookesh, Porter, Austerman, Berkowitz, Brice Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams Honoring - Yakutat High School, Girl's Basketball Team, The 'Eagles' By Representatives Kookesh, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams Honoring - Peggy Dyson, The Voice of WBH-29 Kodiak By Senator Mackie; Representatives Austerman, Porter, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams 1999-04-29 House Journal Page 1092 Honoring - Remedy By Senator Elton; Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kott, Morgan, Murkowski, Rokeberg, Smalley, Therriault, Williams Honoring - The Centennial of the American Society of Landscape Architects By Senator Elton; Representatives Kerttula, Hudson, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, James, Joule, Kapsner, Kemplen, Kott, Morgan, Murkowski, Rokeberg, Smalley, Therriault, Williams In Memoriam - Ronald "Buster" James Manook By Senator Lincoln; Representatives Davies, Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Therriault, Williams 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 Cowdery - from 7:00 p.m., April 30 to 9:30 a.m., plane time, May 3, 1999 Representative Kott - from 7:00 a.m., May 1 to 9:23 p.m., plane time, May 2, 1999 Representative Kookesh - from 7:15 a.m., May 4 to 9:20 p.m., plane time, May 6, 1999 Representative Joule - from 7:21 p.m., May 3 to 8:58 p.m., plane time, May 5, 1999 HB 110 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Kott, Chair: 1999-04-29 House Journal Page 1093 HB 110 HOUSE BILL NO. 110 "An Act relating to the sale, offer to sell, and labeling of fluid milk, meat, and meat products." HB 110 was removed from the Judiciary Committee and referred to the Rules Committee for placement on the calendar. HJR 14 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Women's History and the National Museum of Women's History Alaska Council. SSHJR 14 was removed from the State Affairs Committee and referred to the Rules Committee for placement on the calendar. HJR 14 Representative Kerttula added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Women's History and the National Museum of Women's History Alaska Council. HB 33 Representatives Green, James and Kott added their names as cosponsors to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 33 "An Act relating to arrests." HB 70 Representative Rokeberg added his name as cosponsor to: CS FOR HOUSE BILL NO. 70(RLS) "An Act relating to tests, treatments, surveys, analyses, or evaluations administered in public schools." 1999-04-29 House Journal Page 1094 HB 177 Representative Croft added his name as cosponsor to: HOUSE BILL NO. 177 "An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors' records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules." SB 9 Representative Croft added his name as cross sponsor to: CS FOR SENATE BILL NO. 9(HES) "An Act relating to the calculation of employee contributions and credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, the special education service agency, the Alaska Vocational Technical Center, and the state boarding schools; and providing for an effective date." ENGROSSMENT HB 131 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE BILL NO. 131 "An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge." HB 151 CSHB 151(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 57 HCS CSSB 57(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-04-29 House Journal Page 1095 SB 101 HCS CSSB 101(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 123 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:25 p.m., April 28, 1999: SENATE CS FOR CS FOR HOUSE BILL NO. 123(L&C) "An Act relating to the exemption from the requirement for payment of minimum wage and overtime compensation for certain volunteers of nonprofit organizations; exempting individuals who provide ski patrol services on a voluntary basis from the requirement for payment of minimum wage and overtime compensation; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 4/29 The following meetings today have been changed as indicated: Judiciary Committee 1:00 p.m., 4/29 meeting POSTPONED TO FOLLOW CAUCUS House Special Committee on Military & Veterans' Affairs 5:00 p.m., 4/29 meeting CANCELED 1999-04-29 House Journal Page 1096 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 30, 1999. There being no objection, the House adjourned at 12:56 p.m. Suzi Lowell Chief Clerk