Legislature(1999 - 2000)
1999-05-12 House Journal
Full Journal pdf1999-05-12 House Journal Page 1333 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday May 12, 1999 One Hundred Fourteenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:05 a.m. Roll call showed 33 members present. Representatives Berkowitz, Croft, Davies, Mulder, Therriault, Whitaker and Williams were absent and their presence was noted later. The invocation was offered by Pastor James Brubaker of Faith Lutheran Church. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Father in Heaven, The people of this state have chosen the members of this body to lead them, to govern them, to direct them in their daily lives. But most of all, dear Father, You have chosen us to be, first and foremost, servants to them as Your Son was servant to all. He said, "If anyone wants to be first, he must be the very last and be the servant of all." As servants, guide us to seek Your wisdom in our leadership and Your sacrificing love in our governing. Yes, Lord, Make me a servant, humble and meek, Lord, let me lift up those who are weak. And may the prayer of my heart always be: Make me a servant, make me a servant, Yes, please, make me a servant today! Amen 1999-05-12 House Journal Page 1334 The Pledge of Allegiance was led by Representative Cissna. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 113th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 14 A message dated May 11, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 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. Legislative Resolve No. 12 HJR 15 A message dated May 11, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the "American Land Sovereignty Protection Act" in the United States Congress. Legislative Resolve No. 13 HB 123 A message dated May 11, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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 1999-05-12 House Journal Page 1335 HB 123 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." Chapter No. 19, SLA 1999 Effective Date: May 12, 1999 SB 77 The following letter, dated May 11, 1999, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill to become law without my signature: HOUSE CS FOR CS FOR SENATE BILL NO. 77(JUD) am H "An Act prohibiting certain civil actions against firearms or ammunition manufacturers and dealers." Chapter No. 17, SLA 1999 ¦Effective Date: August 9, 1999á This bill is an attempt to shield the manufacturers and sellers of firearms or ammunition from potential litigation that the legislature apparently views as frivolous. While this affords that industry a protection granted none other, it is doubtful it will have any practical effect. It disallows liability lawsuits based on the lawful sale, manufacture, or design of firearms. But, it explicitly allows lawsuits for defective products and leaves open the possibility of suits for questionable marketing schemes. Therefore, this legislation neither adds nor detracts from the obligation of gun and ammunition manufacturers to build and market products responsibly. Sincerely, /s/ Tony Knowles Governor" 1999-05-12 House Journal Page 1336 SB 99 The following letter, dated May 11, 1999, was received: "Dear Speaker Porter: Under the authority of art. II, sec. 17, of the Alaska Constitution, I am allowing the following bill to become law without my signature: 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." Chapter No. 18, SLA 1999 ¦Effective Date: May 12, 1999á The voters of the state recently amended the State Constitution to change the redistricting process. I support the part of this bill that takes an even-handed approach in planning for the startup of the new redistricting board. If the redistricting board is adequately prepared with all of the modern tools available to complete its assigned task, the best interests of the state will be well served. However, I decline to sign this bill into law because of the provisions that attempt to preempt the redistricting board's powers to interpret and implement the provisions of the Alaska Constitution and to comply with federal law applicable to the redistricting process. To prohibit the redistricting board to use census numbers that may involve sampling is to deny a valuable tool which has been demonstrated to correct undercounting of citizens during the census process. Although it is not 1999-05-12 House Journal Page 1337 SB 99 known to what extent Alaskans may be undercounted or what effect this may have, this provision elevates partisan politics over the goal of accuracy in census numbers. The prohibition of the expenditure of funds for and the use of a military survey to adjust population totals for the presence of significant numbers of nonresident military may present serious legal problems for the redistricting process. Alaska is subject to the Voting Rights Act of 1965 and requires preclearance of laws affecting voting as well as the states redistricting plans. This preclearance is intended to ensure that voting rights are not diluted, denied or abridged on the basis of race or minority group. A survey of military residency may be required as part of a preclearance process to ensure the voting strength of minority voters is not diluted. This provision may embroil the redistricting process in lengthy and disruptive litigation. Sincerely, /s/ Tony Knowles Governor" **The presence of Representative Berkowitz was noted. MESSAGES FROM THE SENATE HJR 36 A message dated May 11, 1999, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 36(HES) am 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. CSHJR 36(HES) am was referred to the Chief Clerk for enrollment. 1999-05-12 House Journal Page 1338 HB 208 A message dated May 11, 1999, was read stating the Senate has passed HB 208 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 208(L&C) "An Act relating to professional counselors; and providing for an effective date." HB 208 is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 11, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 130 SENATE BILL NO. 130 by Senators Pete Kelly and Taylor, entitled: "An Act relating to immunity for sale or transfer of a firearm; relating to administrative functions performed by and fees charged by the Department of Public Safety for transfer of a firearm." was read the first time and referred to the Judiciary Committee. **The presence of Representatives Croft and Davies was noted. REPORTS OF STANDING COMMITTEES SB 156 The Community & Regional Affairs Committee has considered: SENATE BILL NO. 156 "An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities." and recommends it be replaced with: 1999-05-12 House Journal Page 1339 SB 156 HOUSE CS FOR SENATE BILL NO. 156(CRA) (same title) The report was signed by Representative Halcro, Co-chair, with the following individual recommendations: Do pass (2): Joule, Harris No recommendation (4): Dyson, Murkowski, Morgan, Kookesh Amend (1): Halcro The following fiscal note applies to HCS SB 156(CRA): Senate zero fiscal note, Dept. of Community & Regional Affairs, 4/27/99 SB 156 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Lady Chris By Representative Kapsner Honoring - Shawne Corbett By Representative James Honoring - Captain Arthur Johnson By Representatives Hudson, Kerttula; Senator Elton Honoring - Harrie Hughes, In Celebration of 100 Years By Representative Morgan; Senator Lincoln Honoring - 100th Year Anniversary, Utqiagvik Presbyterian Church By Senator Adams; Representative Joule 1999-05-12 House Journal Page 1340 Honoring - Beverly Bowers By Senator Adams In Memoriam - Paul Franklin Donley By Senators Tim Kelly, Donley **The presence of Representative Williams was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 40 HOUSE JOINT RESOLUTION NO. 40 by Representative Halcro: Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators, to meetings of legislative committees, and to the length of regular sessions of the legislature. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. **The presence of Representative Therriault was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 233 HOUSE BILL NO. 233 by the House Community & Regional Affairs Committee, entitled: "An Act granting authority to each municipality to be a debtor under 11 U.S.C. (Federal Bankruptcy Act) and to take any appropriate action authorized by federal law relating to bankruptcy of a municipality." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. **The presence of Representative Mulder was noted. 1999-05-12 House Journal Page 1341 ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/12 The Speaker stated that, without objection, the House would recess; and so, the House recessed at 10:19 a.m. AFTER RECESS The Speaker called the House back to order at 11:02 a.m. **The presence of Representative Whitaker was noted. A second quorum call showed 32 members present. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 192 The following was read the second time: HOUSE BILL NO. 192 "An Act relating to reciting the pledge of allegiance by public school students." with the: Journal Page STA RPT 5DP 2AM 1105 ZERO FISCAL NOTE (DOE) 1105 JUD RPT CS(JUD) 3DP 2NR 1259 ZERO FISCAL NOTE (DOE) 4/30/99 1259 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. 192(JUD) (same title) 1999-05-12 House Journal Page 1342 HB 192 There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 192(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 192(JUD) was read the third time. The question being: "Shall CSHB 192(JUD) pass the House?" The roll was taken with the following result: CSHB 192(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Kohring, Ogan And so, CSHB 192(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 212 The following, which had been held to today's calendar (page 1319), was read the second time: HOUSE BILL NO. 212 "An Act relating to unlawful trade practices and antitrust activities." with the: Journal Page JUD RPT 2DP 1DNP 3NR 1153 ZERO FISCAL NOTE (H.JUD) 1154 1999-05-12 House Journal Page 1343 HB 212 Amendment No. 1 (title amendment) was offered by Representative Kerttula: Page 1, line 1: Delete all material. Insert ""An Act relating to the confidentiality of certain information related to attorney general investigations of unlawful trade practices and antitrust activities."" Representative Kerttula moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 212 Second Reading Amendment No. 1 YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Moses, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Halcro, Kohring, Kott, Morgan, Mulder, Ogan, Sanders, Williams And so, Amendment No. 1 was adopted and the new title appears below: HOUSE BILL NO. 212(title am) "An Act relating to the confidentiality of certain information related to attorney general investigations of unlawful trade practices and antitrust activities." 1999-05-12 House Journal Page 1344 HB 212 Amendment No. 2 was offered by Representative Croft: Page 1, lines 3 - 14: Delete all material. Renumber the following bill sections accordingly. Page 2, line 9: Delete "or after" Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 212(title am) Second Reading Amendment No. 2 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Ogan, Smalley, Whitaker Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams And so, Amendment No. 2 was not adopted. Representative Green moved and asked unanimous consent that HB212(title am) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. 1999-05-12 House Journal Page 1345 HB 212 The Speaker stated that HB 212(title am) will be in third reading on the May 13, 1999, calendar. SECOND READING OF SENATE BILLS SB 3 The following was read the second time: CS FOR SENATE BILL NO. 3(RLS) "An Act relating to the crimes of murder, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date." with the: Journal Page JUD RPT HCS(JUD) 3DP 2NR 552 FISCAL NOTE (COR) 552 2 INDETERMINATE SENATE FNS (ADM) 1/25/99 552 SENATE ZERO FISCAL NOTE (LAW) 1/25/99 552 FIN RPT HCS(FIN) 6DP 4NR 1313 FISCAL NOTE (COR) 1313 2 INDETERMINATE SENATE FNS (ADM) 1/25/99 1313 SENATE ZERO FISCAL NOTE (LAW) 1/25/99 1313 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. 3(FIN) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 3(FIN) be considered engrossed, advanced to third reading and placed on final passage. 1999-05-12 House Journal Page 1346 SB 3 Representative Berkowitz objected. The Speaker stated that HCS CSSB 3(FIN) will be in third reading on the May 13, 1999, calendar. SB 42 The following was read the second time: CS FOR SENATE BILL NO. 42(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." with the: Journal Page JUD RPT 1DP 3NR 1260 SENATE ZERO FISCAL NOTE (LAA) 3/25/99 1260 Representative Green moved and asked unanimous consent that CSSB 42(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 42(JUD) was read the third time. The question being: "Shall CSSB 42(JUD) pass the House?" The roll was taken with the following result: CSSB 42(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams 1999-05-12 House Journal Page 1347 SB 42 Absent: Barnes, James, Sanders And so, CSSB 42(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. CSSB 42(JUD) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 50 The following was read the second time: SENATE BILL NO. 50 am "An Act relating to certain boiler and pressure vessel inspections and inspectors; and providing for an effective date." with the: Journal Page L&C RPT 1DP 5NR 1025 SENATE FISCAL NOTE (LABOR) 2/19/99 1025 FIN RPT 6DP 3NR 1AM 1313 SENATE FISCAL NOTE (LABOR) 2/19/99 1314 Representative Green moved and asked unanimous consent that SB50am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 50 am was read the third time. The question being: "Shall SB 50 am pass the House?" The roll was taken with the following result: SB 50 am Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 1999-05-12 House Journal Page 1348 SB 50 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Barnes, James And so, SB 50 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. SB 50 am was signed by the Speaker and Chief Clerk and returned to the Senate. SB 88 The following was read the second time: CS FOR SENATE BILL NO. 88(FIN) "An Act relating to licensure of dietitians and nutritionists; and providing for an effective date." with the: Journal Page L&C RPT 6DP 1NR 1156 SENATE FISCAL NOTE (DCED) 4/7/99 1156 FIN RPT 4DP 5NR 1AM 1315 SENATE FISCAL NOTE (DCED) 4/7/99 1315 Representative Green moved and asked unanimous consent that CSSB 88(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 88(FIN) was read the third time. The question being: "Shall CSSB 88(FIN) pass the House?" The roll was taken with the following result: 1999-05-12 House Journal Page 1349 SB 88 CSSB 88(FIN) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Dyson, Ogan, Therriault Absent: Kohring And so, CSSB 88(FIN) 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 88(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF SENATE BILLS SB 146 The following, which was advanced to third reading from the May11, 1999, calendar (page 1320), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 146(FIN) "An Act relating to the amount and disposition of the commercial fishing license fee and to the fishermen's fund; and providing for an effective date." 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. 1999-05-12 House Journal Page 1350 SB 146 The question being: "Shall HCS CSSB 146(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 146(FIN) Third Reading Final Passage YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker Nays: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Moses, Ogan, Smalley, Williams And so, HCS CSSB 146(FIN) passed the House. Representative Green moved that the effective date clause be adopted. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 146(FIN) Third Reading Effective Date YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Coghill, Kookesh, Moses, Smalley And so, the effective date clause was adopted. Representative Kerttula gave notice of reconsideration of her vote on HCS CSSB 146(FIN). 1999-05-12 House Journal Page 1351 SECOND READING OF SENATE RESOLUTIONS SJR 8 The following was read the second time: SENATE JOINT RESOLUTION NO. 8 Relating to the 2000 decennial United States census and to the development of redistricting data for use by the state in legislative redistricting. with the: Journal Page STA RPT 4DP 2NR 687 SENATE ZERO FISCAL NOTE (S.STA) 3/12/99 687 JUD RPT HCS(JUD) 5DP 1NR 1024 SENATE ZERO FISCAL NOTE (S.STA) 3/12/99 1025 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 2, following line 24: Insert "WHEREAS, it is an established fact that even an exhaustive and expensive census will miss some people and that the people most likely to be undercounted are the poor and racial minorities; WHEREAS, undercounting the poor and racial minorities works to the advantage of the Republican party;" Page 2, following line 27: Insert "FURTHER RESOLVED, that the Republican leadership in the Alaska Legislature urges the Bureau of the Census to avoid any measure, including statistical sampling, that would tend to fully and fairly count the poor and racial minorities, and be it;" 1999-05-12 House Journal Page 1352 SJR 8 Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. Representative Barnes rose to a point of order stating Amendment No.1 impugned the integrity of members of the body and was out of order. Amendment to Amendment No. 1 was offered by Representative Croft: Following the first WHEREAS clause: Delete all material. Representative Croft moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HCS SJR 8(JUD) Second Reading Amendment No. 1 as amended YEAS: 14 NAYS: 22 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Murkowski, Smalley Nays: Austerman, Barnes, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker Absent: Bunde, Masek, Phillips, Williams And so, Amendment No. 1 as amended was not adopted. Representative Green moved and asked unanimous consent that HCS SJR 8(JUD) be considered engrossed, advanced to third reading and placed on final passage. 1999-05-12 House Journal Page 1353 SJR 8 Representative Berkowitz objected. The Speaker stated that HCS SJR 8(JUD) will be in third reading on the May 13, 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: Honoring - John J. Williams By Representatives Smalley, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Therriault, Williams Honoring - Shirley J. Holloway By Representatives Brice, Porter, Austerman, Barnes, Berkowitz, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams Honoring - Samuel Keith Zamudio By Representatives Williams, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault Honoring - Juneau-Douglas High School Ocean Sciences Team "Tsunami" By Senator Elton; Representatives Hudson, Kerttula, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kohring, Kott, Morgan, Murkowski, Rokeberg, Smalley, Therriault, Williams 1999-05-12 House Journal Page 1354 Honoring - Leo Burmester By Senator Tim Kelly; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams In Memoriam - ReVoe Hill, Sr. By Senator Halford; Representatives Kohring, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Robert Braley, Sr. By Senator Green; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Therriault, Williams UNFINISHED BUSINESS HB 213 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 213 "An Act relating to the medical use of marijuana; and providing for an effective date." HB 213 is in the Judiciary Committee. SB 110 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: CS FOR SENATE BILL NO. 110(RLS) am "An Act relating to liability for the release of hazardous substances involving certain property acquired by a governmental entity; relating to making a determination as to when a hazardous 1999-05-12 House Journal Page 1355 SB 110 substance release has occurred; relating to liability of a party other than the party responsible for the initial release of a hazardous substance; and providing for an effective date." CSSB 110(RLS) am is in the Judiciary Committee. RECONSIDERATION HB 33 Representative Berkowitz brought up reconsideration of the vote on CSSSHB 33(JUD) (page 1318). The following was again before the House in third reading: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 33(JUD) "An Act relating to arrests." Representative Kott placed a call of the House. The Speaker stated the call was satisfied. The question to be reconsidered: "Shall CSSSHB 33(JUD) pass the House?" The roll was taken with the following result: CSSSHB 33(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Davies, Grussendorf, Joule, Kapsner, Kerttula, Kookesh, Moses, Ogan, Sanders, Smalley And so, CSSSHB 33(JUD) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 1999-05-12 House Journal Page 1356 CONCUR IN SENATE AMENDMENTS HB 208 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1338) on the following at this time: HOUSE BILL NO. 208 "An Act relating to professional counselors; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 208(L&C) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to HB 208, thus adopting SCS HB 208(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 208?" The roll was taken with the following result: SCS HB 208(L&C) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams And so, the House concurred in the Senate amendment, thus adopting SCS HB 208(L&C). 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. 1999-05-12 House Journal Page 1357 HB 208 The Chief Clerk was instructed to so notify the Senate. SCS HB 208(L&C) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kookesh - from 2:00 p.m., May 12 to 8:45 a.m., May14, 1999. SB 98 Representative Cissna moved and asked unanimous consent that the reconsideration (page 1322) of the following be held one legislative day: SENATE BILL NO. 98 am H "An Act relating to teacher tenure." There being no objection, it was so ordered, and SB 98 am H will be available for reconsideration on May 13, 1999. HB 139 Representative Kapsner removed her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 139 "An Act authorizing certain psychologists to prescribe and dispense certain psychotropic medications and their adjuncts within the practice of psychology." HB 192 Representatives Croft, Kemplen and Therriault added their names as cosponsors to: CS FOR HOUSE BILL NO. 192(JUD) "An Act relating to reciting the pledge of allegiance by public school students." 1999-05-12 House Journal Page 1358 HB 226 Representatives Whitaker, Morgan, Green and Smalley added their names as cosponsors to: HOUSE BILL NO. 226 "An Act relating to credited service under the teachers' retirement system for education employees on leave without pay or receiving workers' compensation benefits because of certain on-the-job injuries." SB 3 Representative Masek added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 3(FIN) "An Act relating to the crimes of murder, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date." ENGROSSMENT HB 33 CSSSHB 33(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 192 CSHB 192(JUD) 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 meetings today have been changed as indicated: Judiciary Committee 1:00 p.m., 5/12 meeting CHANGED TO: 1:30 p.m., 5/12 1999-05-12 House Journal Page 1359 Resources Committee 1:00 p.m., 5/12 meeting CHANGED TO: 1:30 p.m., 5/12 Conference Committee HB 50 OPERATING BUDGET APPROPRIATIONS HB 51 MENTAL HEALTH APPROPRIATIONS 4:00 p.m., 5/12 meeting CANCELED ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 13, 1999. There being no objection, the House adjourned at 12:52 p.m. Suzi Lowell Chief Clerk