Legislature(1999 - 2000)
1999-05-13 House Journal
Full Journal pdf1999-05-13 House Journal Page 1361 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday May 13, 1999 One Hundred Fifteenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:11 a.m. Roll call showed 34 members present. Representative Kookesh had been previously excused from a call of the House today. Representative Masek was excused from a call of the House due to illness. Representatives Barnes, Berkowitz, Grussendorf and Mulder were absent and their presence was noted later. The invocation was offered by Pastor James Brubaker of Faith Lutheran Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Heavenly Father, We are at times exhausted and worn. It seems the challenges we face are overwhelming. But You have promised us through the prophet Isaiah that even though we may grow tired, even though we may stumble or fall, that those who hope in the Lord will renew their strength and soar on wings like eagles. They will run and not grow weary, they will walk and not be faint. Renew us this day with Your strength so that we may soar like eagles and not grow weary or faint in fulfilling the responsibilities with which the people of this state have entrusted us. 1999-05-13 House Journal Page 1362 We thank You this day for the freedoms we enjoy in our land. As leaders of this great state, by Your grace, may we always be vigilant in guarding and protecting these wonderful blessings from You. Amen The Pledge of Allegiance was led by Representative Kapsner. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 114th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representative Berkowitz was noted. MESSAGES FROM THE SENATE A message dated May 12, 1999, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 32 CS FOR SENATE BILL NO. 32(FIN) am by the Senate Finance Committee, entitled: "An Act making and amending appropriations and reappropriations; making and amending 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." was read the first time and referred to the Finance Committee. SB 155 CS FOR SENATE BILL NO. 155(FIN) by the Senate Finance Committee, entitled: 1999-05-13 House Journal Page 1363 SB 155 "An Act relating to methods of payment of and reports concerning certain state salaries and business expenses." was read the first time and referred to the State Affairs and Finance Committees. SB 169 CS FOR SENATE BILL NO. 169(FIN) by the Senate Finance Committee, entitled: "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2000; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 171 SENATE BILL NO. 171 am by Senator Halford, entitled: "An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of land to the state; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. REPORTS OF STANDING COMMITTEES HJR 23 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 23 Proposing amendments to the Constitution of the State of Alaska relating to the community development fund, the permanent fund, and the budget reserve fund. 1999-05-13 House Journal Page 1364 HJR 23 and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 23(CRA) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do not pass (2): James, Green No recommendation (3): Kerttula, Murkowski, Croft Amend (2): Rokeberg, Kott The following fiscal notes apply to CSHJR 23(CRA): Fiscal note, Office of the Governor, 5/4/99 Zero fiscal note, Dept. of Community & Regional Affairs, 5/4/99 HJR 23 was referred to the Finance Committee. HB 185 The Labor & Commerce Committee has considered: HOUSE BILL NO. 185 "An Act exempting certain small water utilities from regulation by the Alaska Public Utilities Commission." and recommends it be replaced with: CS FOR HOUSE BILL NO. 185(L&C) "An Act exempting certain small water utilities from regulation by the Alaska Public Utilities Commission; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg 1999-05-13 House Journal Page 1365 HB 185 No recommendation (3): Halcro, Harris, Cissna The following fiscal note applies to CSHB 185(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 5/6/99 HB 185 was referred to the Rules Committee for placement on the calendar. HB 219 The Judiciary Committee has considered: HOUSE BILL NO. 219 "An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, Rokeberg Do not pass (1): Green No recommendation (1): James The following fiscal note applies: Zero fiscal note, House Judiciary Committee, 5/13/99 HB 219 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Barnes was noted. HB 226 The Health, Education & Social Services Committee has considered: 1999-05-13 House Journal Page 1366 HB 226 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 226(HES) (same title) The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (7): Green, Morgan, Dyson, Coghill, Whitaker, Kemplen, Brice The following fiscal note applies to CSHB 226(HES): Zero fiscal note, Dept. of Administration, 5/13/99 HB 226 was referred to the Labor & Commerce Committee. SJR 3 The Judiciary Committee has considered: SENATE JOINT RESOLUTION NO. 3 Proposing an amendment to the Constitution of the State of Alaska relating to the repeal of regulations by the legislature. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, James No recommendation (2): Murkowski, Green 1999-05-13 House Journal Page 1367 SJR 3 The following fiscal note applies: Senate fiscal note, Office of the Governor, 2/11/99 SJR 3 was referred to the Finance Committee. SB 4 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 4(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 4(JUD) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date." (technical title change) The report was signed by Representative Kott, Chair, with the following individual recommendations: No recommendation (4): Murkowski, Green, James, Kott Amend (1): Rokeberg 1999-05-13 House Journal Page 1368 SB 4 A Senate letter of intent (Senate journal page 1131) was attached. The following fiscal notes apply to HCS CSSB 4(JUD): Senate fiscal note, Dept. of Public Safety, 4/28/99 Senate fiscal note, Dept. of Public Safety, 1/25/99 Senate fiscal note, Dept. of Corrections, 1/25/99 Senate indeterminate fiscal note, Dept. of Law, 1/25/99 Senate zero fiscal notes (2), Dept. of Administration, 1/25/99 Senate zero fiscal note, Dept. of Public Safety, 1/25/99 CSSB 4(FIN) was referred to the Finance Committee. SB 8 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 8(FIN) "An Act relating to the minimum plumbing fixtures required for females and males in the state plumbing code; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 8(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Harris, Cissna, Rokeberg No recommendation (1): Halcro The following fiscal note applies to HCS CSSB 8(L&C): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/8/99 1999-05-13 House Journal Page 1369 SB 8 CSSB 8(FIN) was referred to the Rules Committee for placement on the calendar. SB 11 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 11(JUD) "An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (3): Murkowski, Green, Rokeberg The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 5/13/99 Zero fiscal note, Dept. of Corrections, 5/13/99 CSSB 11(JUD) was referred to the Finance Committee. SB 45 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 45(FIN) am "An Act providing that a person who grants certain conservation easements to the state or a municipality that provide public access for recreational purposes and the grantee of the easement are immune from tort liability, other than gross negligence or reckless or intentional misconduct, for damages to a person who uses the easement under certain conditions; relating to the vacation by the state or a municipality of rights-of-way acquired by the state under former 43 U.S.C. 932; and providing for an effective date." 1999-05-13 House Journal Page 1370 SB 45 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Kerttula, Rokeberg, James, Kott, Green No recommendation (2): Murkowski, Croft The following fiscal notes apply: Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/21/99 Senate zero fiscal note, Dept. of Natural Resources, 4/21/99 CSSB 45(FIN) am was referred to the Rules Committee for placement on the calendar. **The presence of Representative Grussendorf was noted. SB 74 The Rules Committee has considered: SENATE BILL NO. 74 "An Act relating to hunting on the same day airborne." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 74(RLS) (same title) The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Cowdery, Kott No recommendation (2): Berkowitz, Joule The following fiscal note applies to HCS SB 74(RLS): Senate zero fiscal note, Dept. of Fish & Game, 2/25/99 1999-05-13 House Journal Page 1371 SB 74 SB 74 is on today's calendar. SB 134 The Finance Committee has considered: CS FOR SENATE BILL NO. 134(RLS) "An Act authorizing the Alaska Oil and Gas Conservation Commission to determine the amount of and to collect a charge for operating wells subject to the commission's jurisdiction, and to allocate expenses of investigation and hearing; authorizing the commission to employ additional professional staff; repealing the oil and gas conservation tax; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 134(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (3): Mulder, Foster, Davies No recommendation (7): Therriault, Austerman, Bunde, Williams, Kohring, Davis, Grussendorf The following fiscal notes apply to HCS CSSB 134(FIN): Fiscal note, Dept. of Administration, 5/13/99 Senate fiscal note, Dept. of Revenue, 4/23/99 CSSB 134(RLS) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SB 33 The Conference Committee considering: 1999-05-13 House Journal Page 1372 SB 33 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 HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H (same title) requests limited powers of free conference on the following specific point: the composition of the Commission on Privatization and Delivery of Government Services. The request was signed by Senators Halford (Chair), Pearce and Elton; and Representatives Cowdery, Ogan and Brice. 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 citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Kacera Cox, Geography Bee Champion By Representative Masek Honoring - David Hepler and Daniel Hepler, Eagle Scouts By Representative Masek Honoring - Alaska Boys and Girls State By Senators Leman, Phillips, Ellis; Representative Murkowski 1999-05-13 House Journal Page 1373 In Memoriam - Lynn Frank Saupe By Representative Austerman; Senator Mackie In Memoriam - Henry James LeGrue By Representative Austerman; Senator Mackie In Memoriam - Ethel Louise Peck By Senator Tim Kelly INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 234 HOUSE BILL NO. 234 by Representative Rokeberg, entitled: "An Act relating to construction of a legislative hall." was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 85 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: 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." **The presence of Representative Mulder was noted. 1999-05-13 House Journal Page 1374 HB 92 The following was read the second time: HOUSE BILL NO. 92 "An Act relating to municipal taxation of alcoholic beverages." with the: Journal Page CRA RPT 5DP 2NR 362 INDETERMINATE FISCAL NOTE (REV) 363 2 ZERO FISCAL NOTES (DCRA, REV) 363 FIN RPT 4DP 2DNP 4NR 878 INDETERMINATE FISCAL NOTE (REV) 3/5/99 878 2 ZERO FISCAL NOTES (DCRA, REV) 3/5/99 878 Representative Green moved and asked unanimous consent that HB92 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB92 was read the third time. The question being: "Shall HB92 pass the House?" The roll was taken with the following result: HB 92 Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Smalley, Therriault, Whitaker, Williams Nays: Barnes, Cowdery, Foster, Kohring, Ogan, Sanders Excused: Kookesh, Masek Absent: Rokeberg 1999-05-13 House Journal Page 1375 HB 92 And so, HB92 passed the House and was referred to the Chief Clerk for engrossment. HB 167 The following was read the second time: HOUSE BILL NO. 167 "An Act relating to mobile home dealers." with the: Journal Page L&C RPT CS(L&C) NT 1DP 4NR 2AM 1046 ZERO FISCAL NOTE (DCED) 1047 FIN RPT CS(L&C) NT 5DP 6NR 1258 ZERO FISCAL NOTE (DCED) 4/28/99 1258 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. 167(L&C) "An Act repealing required registration for mobile home dealers; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 167(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 167(L&C) will be in third reading on the May 14, 1999, calendar. SECOND READING OF SENATE BILLS SB 74 The following was read the second time: 1999-05-13 House Journal Page 1376 SB 74 SENATE BILL NO. 74 "An Act relating to hunting on the same day airborne." with the: Journal Page RES RPT 6DP 1NR 688 SENATE ZERO FISCAL NOTE (F&G) 2/25/99 688 JUD RPT HCS(JUD) 1NR 3AM 1314 SENATE ZERO FISCAL NOTE (F&G) 2/25/99 1315 RLS RPT HCS(RLS) 4DP 2NR 1370 SENATE ZERO FISCAL NOTE (F&G) 2/25/99 1370 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 74(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davis: Page 1, line 4: Delete "¦OR ASSIST IN SHOOTINGá" Insert "or assist in shooting" Representative Davis moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS SB 74(RLS) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS SB 74(RLS) am H will be in third reading on the May 14, 1999, calendar. 1999-05-13 House Journal Page 1377 THIRD READING OF HOUSE BILLS HB 212 The following, which was advanced to third reading from the May 12, 1999, calendar (page 1345), was read the third time: HB 212(title am) "An Act relating to the confidentiality of certain information related to attorney general investigations of unlawful trade practices and antitrust activities." The Speaker stated that, without objection, HB 212(title am) would be returned to the Rules Committee. THIRD READING OF SENATE BILLS SB 3 The following, which was advanced to third reading from the May 12, 1999, calendar (page 1346), was read the third time: 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." The question being: "Shall HCS CSSB 3(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 3(FIN) 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, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 1999-05-13 House Journal Page 1378 SB 3 Excused: Kookesh, Masek Absent: Moses And so, HCS CSSB 3(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. Representative Rokeberg gave notice of reconsideration of his vote on HCS CSSB 3(FIN). The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 133 The Finance Committee has considered: CS FOR SENATE BILL NO. 133(RLS) am "An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities and pipelines; relating to the appellate procedures of the Regulatory Commission of Alaska; relating to the Alaska Oil and Gas Conservation Commission; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 133(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: 1999-05-13 House Journal Page 1379 SB 133 Do pass (7): Therriault, Mulder, Kohring, Austerman, Davies, Williams, Foster No recommendation (2): Bunde, Grussendorf A House Finance Committee letter of intent for HCS CSSB 133(FIN), signed by Representatives Therriault and Mulder, Co-chairs, appears below: "SB 133 repeals the Alaska Public Utilities Commission and creates the Regulatory Commission of Alaska. In making this change to public utility regulation, it is the intent of the Legislature to respond to recommendations in legislative audits conducted in 1979, 1985 and 1989, and an audit performed by the National Regulatory Research Institute (NRRI) in 1998. The task of regulating public utilities has changed dramatically as the utility industry has moved from total regulation to regulated competition. The 21st Alaska Legislature is creating the Regulatory Commission of Alaska to address these changes in the utility industry on behalf of the people of the state of Alaska. The Regulatory Commission of Alaska is better equipped than the APUC to respond to industry proposals for changes in utility services, and to protect the interests of ratepayers in the wake of these changes. SB 133 gives the chair authority over administrative matters, leaving the other commissioners free to resolve substantive issues. To address the problem of the APUC's case backlog and time-consuming decision-making process, SB 133 allows panels of three commissioners, hearing officers or arbitrators to resolve cases where appropriate. It also requires the RCA to adopt regulations setting procedural timelines. To address the problems created by changing APUC staffs role between advocate and advisor, it establishes a separate public advocacy section within the RCA. SB 133 will improve this agency's accountability to the public. The RCA is required to establish a Management Information System, similar to the Legislature's BASIS system so that the public and industry can be better informed about the RCA's proceedings. It requires the RCA to implement a time management system to record the amount of time spent on filings from different industries, so that the Regulatory Cost Charge can be more fairly assessed. 1999-05-13 House Journal Page 1380 SB 133 This year is an opportune time to make these changes. The Alaska Public Utilities Commission would begin winding down on June 30, 1999 under the sunset law. SB 133 requires the governor to appoint, and the Legislature to confirm, five commissioners who will represent the interests of the public. SB 133 provides for a study of the possibility of combining the functions of the Regulatory Commission of Alaska and the Alaska Oil and Gas Conservation Commission. The results of a study by the Legislative Budget and Audit Committee will be presented to the next session of this Legislature. If the Legislature decides to combine the two agencies functions, the challenge of making that transition will be significantly eased by the creation and operating experience of the RCA under SB 133." The following fiscal notes apply to HCS CSSB 133(FIN): Fiscal note, Dept. of Commerce & Economic Development, 5/13/99 Fiscal note, Dept. of Administration, 5/13/99 CSSB 133(RLS) am was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF HOUSE RESOLUTIONS HCR 11 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 11 Relating to substance abuse treatment for offenders in the criminal justice system. with the: Journal Page HES RPT 5DP 1133 ZERO FISCAL NOTE (H.HES) 1133 JUD RPT 4DP 2NR 1257 ZERO FISCAL NOTE (H.HES) 5/3/99 1258 1999-05-13 House Journal Page 1381 HCR 11 The question being: "Shall HCR11 pass the House?" The roll was taken with the following result: HCR 11 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 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, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kookesh, Masek And so, HCR11 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE RESOLUTIONS SJR 8 The following, which was advanced to third reading from the May 12, 1999, calendar (page 1353), was read the third time: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the 2000 decennial United States census and to the development of redistricting data for use by the state in legislative redistricting. The question being: "Shall HCS SJR 8(JUD) pass the House?" The roll was taken with the following result: HCS SJR 8(JUD) Third Reading Final Passage YEAS: 25 NAYS: 13 EXCUSED: 2 ABSENT: 0 1999-05-13 House Journal Page 1382 SJR 8 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Moses, Rokeberg, Smalley Excused: Kookesh, Masek And so, HCS SJR 8(JUD) passed the House. Representative Rokeberg gave notice of reconsideration of his vote on HCS SJR 8(JUD). SECOND READING OF HOUSE BILLS (Continued) HB 85 The following, which had been moved to the bottom of the calendar (page 1373), was read the second time: 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." with the: Journal Page HES RPT 2DP 3NR 598 ZERO FISCAL NOTE (DOE) 2/10/99 599 JUD RPT CS(JUD) 4DP 941 ZERO FISCAL NOTE (DOE) 2/10/99 941 FIN RPT CS(FIN) 1DP 9NR 1194 ZERO FISCAL NOTE (DOE) 2/10/99 1195 1999-05-13 House Journal Page 1383 HB 85 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. 85(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ogan: Page 5, line 25, following "state": Insert ", local municipality," Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. Representative Ogan moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Ogan: Page 5, line 25, following "substantial": Insert ", or continued" Representative Ogan moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Croft objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 85(FIN) Second Reading Amendment No. 2 YEAS: 7 NAYS: 27 EXCUSED: 2 ABSENT: 4 1999-05-13 House Journal Page 1384 HB 85 Yeas: Coghill, Cowdery, Dyson, Kohring, Mulder, Ogan, Rokeberg Nays: Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Moses, Murkowski, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kookesh, Masek Absent: Austerman, Barnes, Foster, Grussendorf And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Ogan: Page 5, line 22, following "manner": Insert "or impede a student's ability to receive the level of education prescribed under state law" Representative Ogan moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Brice objected. Representative Ogan moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Ogan: Page 5, line 18, following "Commission": Delete "may" Insert "shall" Representative Ogan moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Dyson objected. 1999-05-13 House Journal Page 1385 HB 85 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 85(FIN) Second Reading Amendment No. 4 YEAS: 2 NAYS: 32 EXCUSED: 2 ABSENT: 4 Yeas: Kohring, Ogan Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Moses, Murkowski, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kookesh, Masek Absent: Croft, James, Mulder, Rokeberg And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Dyson: Page 12, line 6: Delete "and" Page 12, line 8, following "AS 14.20.029(f)" Insert "; and" Page 12, following line 8: Insert a new paragraph to read: "(5) review the staff's decision to dismiss a complaint, upon filing by the complainant of a written request for review by the commission within 15 days after receipt of notice of the dismissal; the request for review must contain a statement of reasons for the relief requested." Representative Dyson moved and asked unanimous consent that Amendment No. 5 be adopted. 1999-05-13 House Journal Page 1386 HB 85 Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 85(FIN) Second Reading Amendment No. 5 YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Moses, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kookesh, Masek Absent: Croft, James, Mulder, Rokeberg And so, Amendment No. 5 was adopted. Representative Green moved and asked unanimous consent that CSHB 85(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 85(FIN) am was read the third time. The question being: "Shall CSHB 85(FIN) am pass the House?" The roll was taken with the following result: CSHB 85(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Moses, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams 1999-05-13 House Journal Page 1387 HB 85 Excused: Kookesh, Masek Absent: Croft, James, Mulder, Rokeberg And so, CSHB 85(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 85(FIN) am was referred to the Chief Clerk for engrossment. 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 - Lady Chris By Representatives Kapsner, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Murkowski, Rokeberg, Sanders, Smalley, Williams Honoring - Shawne Corbett By Representatives James, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Captain Arthur Johnson By Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton 1999-05-13 House Journal Page 1388 Honoring - 100th Year Anniversary, Utqiagvik Presbyterian Church By Senator Adams; Representatives Joule, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Beverly Bowers By Senator Adams; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Paul Franklin Donley By Senators Tim Kelly, Donley; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams RECONSIDERATION SB 146 Representative Therriault brought up reconsideration of the vote on HCS CSSB 146(FIN) (page 1350). The following was again before the House in third reading: 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 Therriault moved and asked unanimous consent that HCS CSSB 146(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Berkowitz objected. 1999-05-13 House Journal Page 1389 SB 146 Representative Green placed a call of the House and lifted the call. Representative Berkowitz withdrew the objection. There being no further objection, HCS CSSB 146(FIN) was returned to second reading. Amendment No. 1 was offered by Representative Therriault: Page 2, line 17, following "less than": Delete "13" Insert "11" Representative Therriault 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 HCS CSSB 146(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 146(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 13 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker Nays: Berkowitz, Brice, Cissna, Coghill, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Moses, Smalley, Williams Excused: Kookesh, Masek And so, HCS CSSB 146(FIN) am H passed the House on reconsideration. Representative Green moved that the effective date clause be adopted. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: 1999-05-13 House Journal Page 1390 SB 146 HCS CSSB 146(FIN) am H--RECONSIDERATION Third Reading Effective Date YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Coghill, Croft, Joule, Kapsner, Kemplen, Kerttula, Moses, Smalley Excused: Kookesh, Masek And so, the effective date clause was adopted on reconsideration. HCS CSSB 146(FIN) am H was referred to the Chief Clerk for engrossment. SB 98 Representative Green brought up reconsideration of the vote on SB 98 amH which had been held until today (page 1357). The following was again before the House in third reading: SENATE BILL NO. 98 am H "An Act relating to teacher tenure." Representative Green moved that SB 98 amH be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 2. The question being: "Shall SB 98 am H be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 2?" The roll was taken with the following result: 1999-05-13 House Journal Page 1391 SB 98 SB 98 am H--RECONSIDERATION Third Reading Return to Second/rescind previous action/am 2 YEAS: 36 NAYS: 0 EXCUSED: 2 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, Kohring, Kott, Morgan, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker Excused: Kookesh, Masek Absent: Murkowski, Williams And so, the motion passed. Representative Green moved that the House rescind previous action in adopting Amendment No. 2. The question being: "Shall the House rescind previous action in adopting Amendment No. 2?" The roll was taken with the following result: SB 98 am H--RECONSIDERATION Second Reading Rescind previous action/Amendment No. 2 YEAS: 38 NAYS: 0 EXCUSED: 2 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, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kookesh, Masek And so, the motion passed. 1999-05-13 House Journal Page 1392 SB 98 Representative Austerman moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Representative Green moved that SB 98 be returned to second reading for the specific purpose of considering Amendment No. 3. The question being: "Shall SB 98 be returned to second reading for the specific purpose of considering Amendment No. 3?" The roll was taken with the following result: SB 98--RECONSIDERATION Third Reading Return to Second for Amendment No. 3 YEAS: 38 NAYS: 0 EXCUSED: 2 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, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Kookesh, Masek And so, the motion passed. Amendment No. 3 was offered by Representative Austerman: Page 2, following line 13: Insert a new bill section to read: "* Sec. 2. AS14.20.150(e) is amended by adding a new subsection to read: (e) Notwithstanding (a) of this section, a teacher who has acquired tenure in a school district who moves to a new school district acquires tenure in the new school district on the first instructional day of the third year of employment in the new school district if (1) the teacher otherwise meets the qualifications for tenure set out in (a) of this section; and 1999-05-13 House Journal Page 1393 SB 98 (2) the break in service meets the requirements of (d) of this section." Representative Austerman moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall SB 98 am H pass the House?" The roll was taken with the following result: SB 98 am H--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Brice, Bunde, Croft, Davies, Grussendorf, Kapsner, Smalley Excused: Kookesh, Masek And so, SB 98 am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HCR 11 Representative Smalley added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 11 Relating to substance abuse treatment for offenders in the criminal justice system. 1999-05-13 House Journal Page 1394 SB 3 Representatives Smalley, Kott, Harris, Cowdery, Phillips, Murkowski and Croft added their names as cross sponsors 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 HCR 11 HCR 11 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 85 CSHB 85(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 92 HB 92 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 98 SB 98 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 146 HCS CSSB 146(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 20 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled 1999-05-13 House Journal Page 1395 HJR 20 copies were transmitted to the Office of the Governor at 9:30 a.m., May 13, 1999: HOUSE JOINT RESOLUTION NO. 20 Urging the Congress to amend the Internal Revenue Code of 1986 to eliminate the marriage penalty by providing that income tax rate bracket amounts, and the amount of the standard deduction, for joint returns shall be twice the amounts applicable to unmarried individuals. HJR 26 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 9:30 a.m., May 13, 1999: CS FOR HOUSE JOINT RESOLUTION NO. 26(WTR) Relating to establishing maritime boundaries with Canada. HB 61 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 9:30 a.m., May 13, 1999: HOUSE BILL NO. 61 "An Act relating to an exemption from the requirement for payment for overtime under a voluntary written agreement for certain employees in the airline industry; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/13 The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 5/13 meeting CHANGED TO: 2:00 p.m., 5/13 1999-05-13 House Journal Page 1396 Conference Committee Capitol 532 4:00 p.m., 5/13 HB 50 OPERATING BUDGET APPROPRIATIONS HB 51 MENTAL HEALTH APPROPRIATIONS Topics to be taken up: Dept. of Corrections Dept. of Education Dept. of Environmental Conservation Dept. of Public Safety Dept. of Revenue ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 14, 1999. There being no objection, the House adjourned at 12:11 p.m. Suzi Lowell Chief Clerk