Legislature(1999 - 2000)
1999-05-17 House Journal
Full Journal pdf1999-05-17 House Journal Page 1511 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 17, 1999 One Hundred Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:21 a.m. Roll call showed 34 members present. Representative Dyson was excused from a call of the House today due to illness and his presence was noted later. Representatives Masek, Moses, Mulder and Therriault were absent and their presence was noted later. Representative Green moved and asked unanimous consent that Representative Joule's previous excuse (page 1475) be extended through 2:00 p.m., plane time, today. There being no objection, it was so ordered. The invocation was offered by Pastor Johnny Riemer of the Douglas Island Bible Church. Representative Coghill moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord, our Lord, how excellent is Your name in all the earth. We ask for yielded hearts and minds to render to You the honor that rightly belongs to You. You are concerned about what happens here today and, therefore, we call upon You with confidence. You are the One who can save us from ourselves, our entanglements and our sin. We desire that salvation and ask Your forgiveness. With so many voices calling to us demanding our attention we seek Your wisdom and discernment to listen carefully and 1999-05-17 House Journal Page 1512 accurately. We need strength and courage to pursue what is right and good. We need calmness and patience to listen to our critics and learn what we can so adjustments can be made. We need strength and stability so that the praises of our admirers will not blind our eyes, dim our vision and fuel our pride. We acknowledge that our times are in Your hands. Grant us Your grace to apply our hearts to wisdom, our minds to truth, our hands to the right tasks and our whole being to Your purposes knowing that we are ultimately accountable to You. Help us to fill our days with those things that will remain long after we are gone -- through Christ our Lord. Amen The Pledge of Allegiance was led by Representative Smalley. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 118th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 13 A message dated May 16, 1999, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 13(FIN) am "An Act relating to the characterization of, use of, segregation of, deposit of, interest on, and disbursement of escrow money; relating to the recording, filing, and delivery of escrow documents; and providing for an effective date." CSHB 13(FIN) am was referred to the Chief Clerk for enrollment. HB 143 A message dated May 16, 1999, was read stating the Senate has passed: 1999-05-17 House Journal Page 1513 HB 143 CS FOR HOUSE BILL NO. 143(L&C) "An Act relating to the executive officer employed for the Real Estate Commission, to the real estate surety fund, and to employees paid from money in the real estate surety fund." CSHB 143(L&C) was referred to the Chief Clerk for enrollment. HB 109 A message dated May 16, 1999, was read stating the Senate has passed CSHB 109(RES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) "An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters." CSHB 109(RES) am is under Unfinished Business. **The presence of Representative Moses was noted. HB 110 A message dated May 16, 1999, was read stating the Senate has passed CSHB 110(L&C) with the following amendment and it is transmitted for consideration: SENATE CS FOR 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." CSHB 110(L&C) is under Unfinished Business. SB 125 A message dated May 16, 1999, was read stating the Senate has concurred in the House amendment to CSSB 125(CRA), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 125(HES) "An Act relating to school crisis response planning." 1999-05-17 House Journal Page 1514 REPORTS OF STANDING COMMITTEES SJR 3 The Finance 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 Mulder, Co-chair, with the following individual recommendations: Do pass (6): Mulder, Bunde, Kohring, Austerman, Davis, Williams Do not pass (1): Davies No recommendation (2): Grussendorf, Moses The following fiscal note applies: Senate fiscal note, Office of the Governor, 2/11/99 SJR 3 was referred to the Rules Committee for placement on the calendar. SB 11 The Finance 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) "An Act relating to sentences for second degree murder." Title change pending authorization by HCR 14. 1999-05-17 House Journal Page 1515 SB 11 The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Kohring, Therriault, Mulder, Austerman Do not pass (1): Davies No recommendation (5): Williams, Davis, Moses, Bunde, Grussendorf The following fiscal notes apply to HCS CSSB 11(FIN): Senate indeterminate fiscal note, Dept. of Administration, 5/13/99 Senate zero fiscal note, Dept. of Corrections, 5/13/99 CSSB 11(JUD) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Masek was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jim Balamaci, Alaska Special Olympics By Representative Berkowitz Honoring - Alaska State Trooper, Mike Opalka By Senator Parnell Honoring - Ron Gleason, Juneau-Douglas High School Principal By Senator Elton; Representatives Hudson, Kerttula Honoring - Harry "Red" Porter By Senator Wilken Honoring - West Valley High School, Academic Decathlon By Senator Wilken 1999-05-17 House Journal Page 1516 Honoring - John Waters By Senator Wilken INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 by the House Finance Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 11, relating to good time credits for prisoners serving sentences of imprisonment for certain murders. was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 71 The following was read the second time: CS FOR SENATE BILL NO. 71(RLS) am "An Act relating to licensure by the State Medical Board." with the: Journal Page HES RPT HCS(HES) 5DP 1404 SENATE ZERO FISCAL NOTE (DCED) 4/28/99 1405 L&C RPT HCS(HES) 4DP 2NR 1439 SENATE ZERO FISCAL NOTE (DCED) 4/28/99 1440 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1999-05-17 House Journal Page 1517 SB 71 HOUSE CS FOR CS FOR SENATE BILL NO. 71(HES) (same title) There being no objection, it was so ordered. **The presence of Representatives Dyson, Mulder and Therriault was noted. Amendment No. 1 was offered by Representative Croft: Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 08.64 is amended by adding a new section to read: Sec. 08.64.075. Designees. If this chapter authorizes a designee to perform a duty, the board may designate a single board member, the executive secretary, or another employee of the department." Page 1, line 3: Delete "Section" Insert "Sec." Renumber the following bill sections accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Coghill: Page 4, line 15 and Page 4, line 18: Delete "misdemeanor" Insert "crime" 1999-05-17 House Journal Page 1518 SB 71 Representative Coghill moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 71(HES) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 71(HES) am H will be in third reading on the May 18, 1999, calendar. SB 167 The following was read the second time: CS FOR SENATE BILL NO. 167(FIN) "An Act relating to scholarships to attend the University of Alaska; and providing for an effective date." with the: Journal Page FIN RPT 6DP 3NR 1484 SENATE FISCAL NOTE (UA) 5/7/99 1484 Amendment No. 1 was offered by Representative Croft: Page 2, line 18, following "parent": Insert ", legal guardian, or foster parent" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Davies objected. Representative Croft moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. 1999-05-17 House Journal Page 1519 SB 167 Amendment No. 2 was not offered. Representative Green moved and asked unanimous consent that CSSB 167(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 167(FIN) will be in third reading on the May 18, 1999, calendar. SENATE BILLS IN SECOND READING SB 10 The following, which had been held in second reading to today's calendar (page 1497), was before the House: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 10(CRA) "An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground." Representative Green moved and asked unanimous consent that HCS CSSSSB 10(CRA) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSSSB 10(CRA) will be in third reading on the May 18, 1999, calendar. THIRD READING OF SENATE BILLS SB 29 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1487), was read the third time: 1999-05-17 House Journal Page 1520 SB 29 CS FOR SENATE BILL NO. 29(RLS) "An Act relating to licensure of physicians; and providing for an effective date." The question being: "Shall CSSB 29(RLS) pass the House?" The roll was taken with the following result: CSSB 29(RLS) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 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, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule Absent: Kohring And so, CSSB 29(RLS) 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 Berkowitz gave notice of reconsideration of his vote on CSSB 29(RLS). RECONSIDERATION SB 29 Representative Green moved and asked unanimous consent that the reconsideration of CSSB 29(RLS) be taken up on the same day. Representative Berkowitz objected. 1999-05-17 House Journal Page 1521 SB 29 Representative Green placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall the reconsideration of CSSB 29(RLS) be taken up on the same day?" The roll was taken with the following result: CSSB 29(RLS)--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Excused: Joule And so, the motion passed. CSSB 29(RLS) was again before the House in third reading. The question to be reconsidered: "Shall CSSB 29(RLS) pass the House?" The roll was taken with the following result: CSSB 29(RLS)--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 1999-05-17 House Journal Page 1522 SB 29 Excused: Joule And so, CSSB 29(RLS) passed the House on reconsideration. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 29(RLS) was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated that the House would stand at ease to allow members of the Senate to enter the Chamber; and so, the House stood at ease at 11:16 a.m. AFTER AT EASE The Speaker called the House back to order at 11:29 a.m. JOINT SESSION IN THE HOUSE In accordance with the Uniform Rules, Speaker Porter turned the gavel over to President Pearce who called the joint session to order at 11:30a.m. The purpose of the joint session was to consider confirmation of the Governors appointments. A roll call of the House showed 37 members present. Representatives Austerman and Moses were absent and their presence was noted later. Representative Joule was previously excused from a call of the joint session today. A roll call of the Senate showed 20 members present. Senator Mackie placed a call of the joint session. The President stated the call was satisfied. **The presence of Representatives Austerman and Moses was noted. 1999-05-17 House Journal Page 1523 The boards and commissions appointments are as follows: 1999 CONFIRMATION OF GOVERNOR'S APPOINTMENTS Commissioner - Department of Administration Robert Poe - Anchorage Appointed: 12/16/98 Commissioner - Department of Labor Ed Flanagan - Juneau Appointed: 01/12/99 Commissioner - Department of Military and Veterans' Affairs Adjutant General - Alaska National Guard Colonel Phillip E. Oates - Anchorage Appointed: 01/08/99 Brigadier General - Alaska Air National Guard Colonel George Cannelos - Anchorage Appointed: 01/19/99 Brigadier General - Alaska Army National Guard Colonel David E. Glines - Anchorage Appointed: 04/28/99 Alcoholic Beverage Control Board Ellen Ganley - Fairbanks Appointed: 06/29/95 Reappointed: 01/31/96 Reappointed: 02/19/99 Expires: 01/31/02 Joe Thomas, Jr. - Juneau Appointed: 02/14/96 Reappointed: 02/19/99 Expires: 01/31/02 Thomas C. Walker - Seward Appointed: 06/02/98 Expires: 01/31/01 State Board of Registration for Architects, Engineers, and Land Surveyors Linda Cyra-Korsgaard - Anchorage Appointed: 09/11/98 Expires: 06/30/01 Marcia R. Davis - Anchorage Appointed: 02/20/97 Reappointed: 07/31/98 Expires: 06/30/02 D. Lance Mearig, P.E. - Juneau Appointed: 07/05/94 Reappointed: 07/31/98 Expires: 06/30/02 1999-05-17 House Journal Page 1524 Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 08/10/94 Reappointed: 06/02/98 Expires: 06/30/00 Barbara Miklos - Anchorage Appointed: 06/30/95 Reappointed: 07/31/98 Expires: 06/30/01 Board of Chiropractic Examiners Carol J. Davis, D.C. - Fairbanks Appointed: 11/16/98 Expires: 07/15/01 Steven D. Messerschmidt - Juneau Appointed: 11/16/98 Expires: 07/15/02 Sean C. Siegel - Anchorage Appointed: 11/16/98 Expires: 07/15/02 Board of Dental Examiners Kenneth L. Crooks, D.D.S. - Dillingham Appointed: 04/07/95 Reappointed: 04/14/99 Expires: 02/01/03 Board of Dispensing Opticians Roberta Rawcliffe - Palmer Appointed: 02/19/99 Expires: 06/14/02 James Rothmeyer - Fairbanks Appointed: 03/17/99 Expires: 06/14/01 Board of Education Roy Nageak Sr. - Barrow Appointed: 01/02/97 Reappointed: 02/19/99 Expires: 01/31/04 Paula R. Pawlowski - Anchorage Appointed: 08/27/98 Expires: 01/31/00 Susan Stitham - Fairbanks Appointed: 07/20/95 Reappointed: 02/19/99 Expires: 01/31/04 Board of Fisheries Dan K. Coffey - Anchorage Appointed: 02/12/96 Reappointed: 03/30/99 Expires: 06/30/02 Grant J. Miller - Sitka Appointed: 02/12/96 Reappointed: 03/30/99 Expires: 06/30/02 Virgil L. Umphenour - Fairbanks Appointed: 07/22/94 Reappointed: 02/12/96, 03/30/99 Expires: 06/30/02 1999-05-17 House Journal Page 1525 Board of Game Mike Fleagle - McGrath Appointed: 10/20/96 Reappointed: 02/19/99 Expires: 01/31/02 Greg Roczicka - Bethel Appointed: 02/23/96 Reappointed: 02/19/99 Expires: 01/31/02 Greg Streveler - Gustavus Appointed: 10/20/96 Reappointed: 02/19/99 Expires: 01/31/02 State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Reappointed: 02/19/99 Expires: 01/31/04 Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Reappointed: 12/11/98 Expires: 12/31/02 Alaska Judicial Council ¦Sandra Stringer - Fairbanks - WITHDRAWN Appointed: 08/27/98 Expires: 05/18/03á Alaska Labor Relations Agency Blair E. Marcotte - Fairbanks Appointed: 08/28/96 Reappointed: 07/31/98 Expires: 06/30/01 Raymond P. Smith - Anchorage Appointed: 03/06/95 Reappointed: 06/30/95, 07/31/98 Expires: 06/30/01 Board of Marine Pilots Robert M. Berto - Ketchikan Appointed: 09/30/94 Reappointed: 07/31/98 Expires: 05/31/02 Board of Marital and Family Therapy Sandra M. Samaniego - Fairbanks Appointed: 10/12/95 Reappointed: 11/16/98 Expires: 12/14/02 State Medical Board Keith M. Brownsberger, M.D. - Anchorage Appointed: 08/11/95 Reappointed: 07/31/98 Expires: 04/21/02 Sheila Means - Juneau Appointed: 06/02/98 Expires: 01/09/01 1999-05-17 House Journal Page 1526 Alaska Mental Health Trust Authority Board of Trustees Nelson G. Page, Esq. - Anchorage Appointed: 03/03/95 Reappointed: 06/02/98 Expires: 03/03/03 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95 Reappointed: 07/31/98 Expires: 07/20/02 Board of Nursing Barbara Berner, ANP, EdD - Anchorage Appointed: 06/02/98 Expires: 03/31/02 Board of Examiners in Optometry Thomas N. Carter - Fairbanks Appointed: 12/11/98 Expires: 06/15/02 Erik D. Christianson, O.D. - Ketchikan Appointed: 06/01/98 Expires: 06/15/01 John C. Cobbett, O.D. - North Pole Appointed: 09/11/98 Expires: 06/15/02 Board of Pharmacy Margaret D. Soden, R.Ph. - Fairbanks Appointed: 12/11/98 Expires: 04/01/02 State Physical Therapy and Occupational Therapy Board JoAnne Bell-Graves - Juneau Appointed: 12/11/98 Expires: 09/01/00 Leslie F. Schwartz - Petersburg Appointed: 10/06/95 Reappointed: 12/11/98 Expires: 09/01/02 Board of Professional Counselors Toni Chrestman - Nome Appointed: 11/16/98 Expires: 11/01/02 Anne L. Henry - Juneau Appointed: 11/16/98 Expires: 11/01/02 David F. Leonard, Esq. - Fairbanks Appointed: 11/16/98 Expires: 11/01/00 Allan A. Morotti, Ph.D. - Fairbanks Appointed: 11/16/98 Expires: 11/01/01 Robert L. Pound - Anchorage Appointed: 11/16/98 Expires: 11/01/01 1999-05-17 House Journal Page 1527 Professional Teaching Practices Commission Steven Beardsley - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Bruce F. Johnson - Sitka Appointed: 08/30/95 Reappointed: 12/11/98 Expires: 07/01/01 Vickie L. McCubbin - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Board of Psychologist and Psychological Associate Examiners Paul Craig - Anchorage Appointed: 02/19/99 Expires: 07/01/02 Board of Certified Real Estate Appraisers Vince Coan - Wasilla Appointed: 09/11/98 Expires: 06/30/02 James A. Hage - Fairbanks Appointed: 12/11/98 Expires: 06/30/00 Real Estate Commission Linda L. Freed - Kodiak Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Eleanor F. Oakley - Palmer Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Larry Spencer - Juneau Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 University of Alaska Board of Regents Robert A. Malone - Anchorage Appointed: 02/18/99 Expires: 02/01/07 Brian Rogers - Fairbanks Appointed: 02/18/99 Expires: 02/01/07 Frances H. Rose - Anchorage Appointed: 02/18/99 Expires: 02/01/07 Joseph E. Usibelli, Jr. - Healy Appointed: 02/18/99 Expires: 02/01/07 Board of Social Work Examiners Denny Patella - Anchorage Appointed: 09/11/98 Expires: 07/01/01 1999-05-17 House Journal Page 1528 Board of Veterinary Examiners Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Reappointed: 12/11/98 Expires: 01/31/03 Violent Crimes Compensation Board Colleen M. Murphy, M.D. - Anchorage Appointed: 08/27/98 Expires: 12/15/00 Stephen B. Wallace - Kodiak Appointed: 08/27/98 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Reappointed: 12/11/98 Expires: 12/15/01 Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/96 Reappointed: 06/02/98 Expires: 07/01/01 Andrew J. "Bear" Piekarski - Anchorage Appointed: 03/17/99 Expires: 07/01/00 Nancy J. Ridgley - Ketchikan Appointed: 10/13/92 Reappointed: 07/05/95 Reappointed: 02/19/99 Expires: 07/01/01 Philip E. Ulmer - Eagle River Appointed: 01/30/96 Reappointed: 06/02/98 Expires: 07/01/01 Senator Mackie moved that the following Governor's appointment as Commissioner of the Department of Administration be confirmed: Commissioner - Department of Administration Robert Poe - Anchorage Appointed: 12/16/98 The question being: "Shall Robert Poe be confirmed as Commissioner of the Department of Administration?" The roll of the House was taken with the following result: Dept. of Administration Commissioner Confirm - Poe HOUSE YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1999-05-17 House Journal Page 1529 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule The roll of the Senate was called with the following result: Dept. of Administration Commissioner Confirm - Poe SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Wilken, Pearce Nays: Ward TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 1 ABSENT: 0 And so, Robert Poe was confirmed. Senator Mackie moved that the following Governor's appointment as Commissioner of the Department of Labor be confirmed: Commissioner - Department of Labor Ed Flanagan - Juneau Appointed: 01/12/99 The question being: "Shall Ed Flanagan be confirmed as Commissioner of the Department of Labor?" The roll of the Senate was called with the following result: 1999-05-17 House Journal Page 1530 Dept. of Labor Commissioner Confirm - Flanagan SENATE YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Ellis, Elton, Hoffman, Kelly Pete, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Phillips, Torgerson, Wilken, Adams, Pearce Nays: Green, Halford, Leman, Taylor, Ward Senator Halford changed from "Yea" to "Nay". The roll of the House was taken with the following result: Dept. of Labor Commissioner Confirm - Flanagan HOUSE YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Ogan Excused: Joule TOTAL: YEAS: 52 NAYS: 7 EXCUSED: 1 ABSENT: 0 And so, Ed Flanagan was confirmed. Senator Mackie moved that the following Governor's appointment as Commissioner of the Department of Military and Veterans' Affairs be confirmed: 1999-05-17 House Journal Page 1531 Commissioner - Department of Military and Veterans' Affairs Adjutant General - Alaska National Guard Colonel Phillip E. Oates - Anchorage Appointed: 01/08/99 The question being: "Shall Colonel Phillip E. Oates be confirmed as Commissioner of the Department of Military and Veterans' Affairs?" The roll of the House was taken with the following result: Dept. of Military & Veterans' Affairs Adjutant General-Alaska National Guard Commissioner Confirm - Oates YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule The roll of the Senate was called with the following result: Dept. of Military & Veteran's Affairs Commissioner Adjutant General - Alaska National Guard Confirm - Oates SENATE YEAS: 16 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Elton, Green, Halford, Kelly Pete, Kelly Tim, Leman, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Wilken, Donley, Ellis, Pearce Nays: Hoffman, Lincoln, Ward, Adams TOTAL: YEAS: 55 NAYS: 4 EXCUSED: 1 ABSENT: 0 1999-05-17 House Journal Page 1532 And so, Colonel Phillip E. Oates was confirmed. Senator Mackie moved that the following Governor's appointment as Brigadier General of the Alaska Air National Guard be confirmed: Brigadier General - Alaska Air National Guard Colonel George Cannelos - Anchorage Appointed: 01/19/99 The question being: "Shall Colonel George Cannelos be confirmed as Brigadier General of the Alaska Air National Guard?" The roll of the Senate was called with the following result: Brigadier General Alaska Air National Guard Confirm - Cannelos SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Wilken, Adams, Donley, Pearce Nays: Ward The roll of the House was taken with the following result: Alaska Air National Guard Brigadier General Confirm - Cannelos HOUSE YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 1999-05-17 House Journal Page 1533 Excused: Joule TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 1 ABSENT: 0 And so, Colonel George Cannelos was confirmed. Senator Mackie moved that the following Governor's appointment as Brigadier General of the Alaska Army National Guard be confirmed: Brigadier General - Alaska Army National Guard Colonel David E. Glines - Anchorage Appointed: 04/28/99 The question being: "Shall Colonel David E. Glines be confirmed as Brigadier General of the Alaska Army National Guard?" The roll of the House was taken with the following result: Alaska Army National Guard Brigadier General Confirm - Glines HOUSE YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule The roll of the Senate was called with the following result: Brigadier General Alaska Army National Guard Confirm - Glines SENATE YEAS: 19 NAYS: 1 EXCUSED: 0 ABSENT: 0 1999-05-17 House Journal Page 1534 Yeas: Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Wilken, Adams, Donley, Ellis, Elton, Pearce Nays: Ward TOTAL: YEAS: 58 NAYS: 1 EXCUSED: 1 ABSENT: 0 And so, David E. Glines was confirmed. Senator Mackie listed the Governor's appointments to the following boards and commissions: Alcoholic Beverage Control Board Ellen Ganley - Fairbanks Appointed: 06/29/95 Reappointed: 01/31/96 Reappointed: 02/19/99 Expires: 01/31/02 Joe Thomas, Jr. - Juneau Appointed: 02/14/96 Reappointed: 02/19/99 Expires: 01/31/02 Thomas C. Walker - Seward Appointed: 06/02/98 Expires: 01/31/01 State Board of Registration for Architects, Engineers, and Land Surveyors Linda Cyra-Korsgaard - Anchorage Appointed: 09/11/98 Expires: 06/30/01 Marcia R. Davis - Anchorage Appointed: 02/20/97 Reappointed: 07/31/98 Expires: 06/30/02 D. Lance Mearig, P.E. - Juneau Appointed: 07/05/94 Reappointed: 07/31/98 Expires: 06/30/02 Senator Mackie moved and asked unanimous consent that the Governor's appointments to the above boards and commissions be confirmed. There being no objection, the appointees were confirmed. Senator Mackie listed the Governor's appointments to the following boards and commissions: Board of Governors of the Alaska Bar Joseph N. Faulhaber - Fairbanks Appointed: 08/10/94 Reappointed: 06/02/98 Expires: 06/30/00 1999-05-17 House Journal Page 1535 Barbara Miklos - Anchorage Appointed: 06/30/95 Reappointed: 07/31/98 Expires: 06/30/01 Board of Chiropractic Examiners Carol J. Davis, D.C. - Fairbanks Appointed: 11/16/98 Expires: 07/15/01 Steven D. Messerschmidt - Juneau Appointed: 11/16/98 Expires: 07/15/02 Sean C. Siegel - Anchorage Appointed: 11/16/98 Expires: 07/15/02 Board of Dental Examiners Kenneth L. Crooks, D.D.S. - Dillingham Appointed: 04/07/95 Reappointed: 04/14/99 Expires: 02/01/03 Board of Dispensing Opticians Roberta Rawcliffe - Palmer Appointed: 02/19/99 Expires: 06/14/02 James Rothmeyer - Fairbanks Appointed: 03/17/99 Expires: 06/14/01 Board of Education Roy Nageak Sr. - Barrow Appointed: 01/02/97 Reappointed: 02/19/99 Expires: 01/31/04 Paula R. Pawlowski - Anchorage Appointed: 08/27/98 Expires: 01/31/00 Susan Stitham - Fairbanks Appointed: 07/20/95 Reappointed: 02/19/99 Expires: 01/31/04 Board of Fisheries Dan K. Coffey - Anchorage Appointed: 02/12/96 Reappointed: 03/30/99 Expires: 06/30/02 Grant J. Miller - Sitka Appointed: 02/12/96 Reappointed: 03/30/99 Expires: 06/30/02 Virgil L. Umphenour - Fairbanks Appointed: 07/22/94 Reappointed: 02/12/96, 03/30/99 Expires: 06/30/02 Objections were heard to the confirmation of Paula R. Pawlowski, Susan Stitham, Dan K. Coffey, Grant J. Miller and Virgil L. Umphenour. 1999-05-17 House Journal Page 1536 Senator Mackie moved and asked unanimous consent that the appointees to the above boards and commissions be confirmed with the exception of Paula R. Pawlowski and Susan Stitham to the Board of Education; and Dan K. Coffey, Grant J. Miller and Virgil L. Umphenour to the Board of Fisheries. There being no objection, the appointees were confirmed. Senator Mackie listed the Governor's appointments to the following boards and commissions: Board of Game Mike Fleagle - McGrath Appointed: 10/20/96 Reappointed: 02/19/99 Expires: 01/31/02 Greg Roczicka - Bethel Appointed: 02/23/96 Reappointed: 02/19/99 Expires: 01/31/02 Greg Streveler - Gustavus Appointed: 10/20/96 Reappointed: 02/19/99 Expires: 01/31/02 State Commission for Human Rights Ruth G. Benson - Fairbanks Appointed: 11/26/97 Reappointed: 02/19/99 Expires: 01/31/04 Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Reappointed: 12/11/98 Expires: 12/31/02 Alaska Labor Relations Agency Blair E. Marcotte - Fairbanks Appointed: 08/28/96 Reappointed: 07/31/98 Expires: 06/30/01 Raymond P. Smith - Anchorage Appointed: 03/06/95 Reappointed: 06/30/95, 07/31/98 Expires: 06/30/01 Board of Marine Pilots Robert M. Berto - Ketchikan Appointed: 09/30/94 Reappointed: 07/31/98 Expires: 05/31/02 Board of Marital and Family Therapy Sandra M. Samaniego - Fairbanks Appointed: 10/12/95 Reappointed: 11/16/98 Expires: 12/14/02 1999-05-17 House Journal Page 1537 State Medical Board Keith M. Brownsberger, M.D. - Anchorage Appointed: 08/11/95 Reappointed: 07/31/98 Expires: 04/21/02 Sheila Means - Juneau Appointed: 06/02/98 Expires: 01/09/01 Senator Mackie moved and asked unanimous consent that the Governor's appointments to the above boards and commissions be confirmed. There being no objection, the appointees were confirmed. Senator Mackie listed the Governor's appointments to the following boards and commissions: Alaska Mental Health Trust Authority Board of Trustees Nelson G. Page, Esq. - Anchorage Appointed: 03/03/95 Reappointed: 06/02/98 Expires: 03/03/03 Board of Certified Direct-Entry Midwives Marilyn Holmes - Juneau Appointed: 07/20/95 Reappointed: 07/31/98 Expires: 07/20/02 Board of Nursing Barbara Berner, ANP, EdD - Anchorage Appointed: 06/02/98 Expires: 03/31/02 Board of Examiners in Optometry Thomas N. Carter - Fairbanks Appointed: 12/11/98 Expires: 06/15/02 Erik D. Christianson, O.D. - Ketchikan Appointed: 06/01/98 Expires: 06/15/01 John C. Cobbett, O.D. - North Pole Appointed: 09/11/98 Expires: 06/15/02 Board of Pharmacy Margaret D. Soden, R.Ph. - Fairbanks Appointed: 12/11/98 Expires: 04/01/02 State Physical Therapy and Occupational Therapy Board JoAnne Bell-Graves - Juneau Appointed: 12/11/98 Expires: 09/01/00 Leslie F. Schwartz - Petersburg Appointed: 10/06/95 Reappointed: 12/11/98 Expires: 09/01/02 1999-05-17 House Journal Page 1538 Board of Professional Counselors Toni Chrestman - Nome Appointed: 11/16/98 Expires: 11/01/02 Anne L. Henry - Juneau Appointed: 11/16/98 Expires: 11/01/02 David F. Leonard, Esq. - Fairbanks Appointed: 11/16/98 Expires: 11/01/00 Allan A. Morotti, Ph.D. - Fairbanks Appointed: 11/16/98 Expires: 11/01/01 Robert L. Pound - Anchorage Appointed: 11/16/98 Expires: 11/01/01 Senator Mackie moved and asked unanimous consent that the appointments to the above boards and commissions be confirmed. There being no objection, the appointees were confirmed. Senator Mackie listed the Governor's appointments to the following boards and commissions: Professional Teaching Practices Commission Steven Beardsley - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Bruce F. Johnson - Sitka Appointed: 08/30/95 Reappointed: 12/11/98 Expires: 07/01/01 Vickie L. McCubbin - Anchorage Appointed: 12/11/98 Expires: 07/01/01 Board of Psychologist and Psychological Associate Examiners Paul Craig - Anchorage Appointed: 02/19/99 Expires: 07/01/02 Board of Certified Real Estate Appraisers Vince Coan - Wasilla Appointed: 09/11/98 Expires: 06/30/02 James A. Hage - Fairbanks Appointed: 12/11/98 Expires: 06/30/00 Real Estate Commission Linda L. Freed - Kodiak Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Eleanor F. Oakley - Palmer 1999-05-17 House Journal Page 1539 Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 Larry Spencer - Juneau Appointed: 08/24/95 Reappointed: 04/14/99 Expires: 01/31/03 University of Alaska Board of Regents Robert A. Malone - Anchorage Appointed: 02/18/99 Expires: 02/01/07 Brian Rogers - Fairbanks Appointed: 02/18/99 Expires: 02/01/07 Frances H. Rose - Anchorage Appointed: 02/18/99 Expires: 02/01/07 Joseph E. Usibelli, Jr. - Healy Appointed: 02/18/99 Expires: 02/01/07 Board of Social Work Examiners Denny Patella - Anchorage Appointed: 09/11/98 Expires: 07/01/01 Board of Veterinary Examiners Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Reappointed: 12/11/98 Expires: 01/31/03 Senator Mackie moved and asked unanimous consent that the appointments to the above boards and commissions be confirmed. There being no objection, the appointees were confirmed. Senator Mackie listed the Governor's appointments to the following boards and commissions: Violent Crimes Compensation Board Colleen M. Murphy, M.D. - Anchorage Appointed: 08/27/98 Expires: 12/15/00 Stephen B. Wallace - Kodiak Appointed: 08/27/98 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Reappointed: 12/11/98 Expires: 12/15/01 Alaska Workers' Compensation Board Dorothy Bradshaw - Fairbanks Appointed: 01/30/96 Reappointed: 06/02/98 Expires: 07/01/01 1999-05-17 House Journal Page 1540 Andrew J. "Bear" Piekarski - Anchorage Appointed: 03/17/99 Expires: 07/01/00 Nancy J. Ridgley - Ketchikan Appointed: 10/13/92 Reappointed: 07/05/95 Reappointed: 02/19/99 Expires: 07/01/01 Philip E. Ulmer - Eagle River Appointed: 01/30/96 Reappointed: 06/02/98 Expires: 07/01/01 Senator Mackie moved and asked unanimous consent that the appointments to the above boards and commissions be confirmed. There being no objection, the appointees were confirmed. Senator Mackie moved that Paula R. Pawlowski be confirmed to the Board of Education. The question being: "Shall Paula R. Pawlowski be confirmed to the Board of Education?" The roll of the Senate was called with the following result: Board of Education Confirm - Pawlowski SENATE YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Hoffman, Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Torgerson, Wilken, Adams, Ellis, Elton, Pearce Nays: Halford, Taylor, Ward, Donley, Green The roll of the House was taken with the following result: Board of Education Confirm - Pawlowski HOUSE YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Halcro, Hudson, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams 1999-05-17 House Journal Page 1541 Nays: Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Harris, James, Kohring, Kott, Ogan, Sanders Excused: Joule TOTAL: YEAS: 41 NAYS: 18 EXCUSED: 1 ABSENT: 0 And so, Paula R. Pawlowski was confirmed. Senator Mackie moved that Susan Stitham be confirmed to the Board of Education. The question being: "Shall Susan Stitham be confirmed to the Board of Education?" The roll of the House was taken with the following result: Board of Education Confirm - Stitham HOUSE YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Barnes, Coghill, Cowdery, Dyson, Green, Kohring, Kott, Ogan, Sanders Excused: Joule The roll of the Senate was called with the following result: Board of Education Confirm - Stitham SENATE YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 1999-05-17 House Journal Page 1542 Yeas: Hoffman, Kelly Tim, Lincoln, Mackie, Miller, Parnell, Phillips, Torgerson, Wilken, Adams, Ellis, Elton, Pearce Nays: Kelly Pete, Leman, Taylor, Ward, Donley, Green, Halford TOTAL: YEAS: 43 NAYS: 16 EXCUSED: 1 ABSENT: 0 And so, Susan Stitham was confirmed. Senator Mackie moved that Dan K. Coffey be confirmed to the Board of Fisheries. The question being: "Shall Dan K. Coffey be confirmed to the Board of Fisheries?" The roll of the Senate was called with the following result: Board of Fisheries Confirm - Coffey SENATE YEAS: 17 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Kelly Pete, Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Taylor, Wilken, Donley, Ellis, Elton, Green, Halford, Hoffman, Pearce Nays: Torgerson, Ward, Adams The roll of the House was taken with the following result: Board of Fisheries Confirm - Coffey HOUSE YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Foster, Harris, Phillips, Smalley 1999-05-17 House Journal Page 1543 Excused: Joule TOTAL: YEAS: 52 NAYS: 7 EXCUSED: 1 ABSENT: 0 And so, Dan K. Coffey was confirmed. Senator Mackie moved that Grant J. Miller be confirmed to the Board of Fisheries. The question being: "Shall Grant J. Miller be confirmed to the Board of Fisheries?" The roll of the House was taken with the following result: Board of Fisheries Confirm - Miller HOUSE YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Foster, Harris, Phillips Excused: Joule The roll of the Senate was called with the following result: Board of Fisheries Confirm - Miller SENATE YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Kelly Tim, Leman, Lincoln, Mackie, Miller, Parnell, Phillips, Taylor, Torgerson, Wilken, Donley, Ellis, Elton, Green, Halford, Hoffman, Kelly Pete, Pearce 1999-05-17 House Journal Page 1544 Nays: Ward, Adams TOTAL: YEAS: 54 NAYS: 5 EXCUSED: 1 ABSENT: 0 And so, Grant J. Miller was confirmed. Senator Mackie moved that Virgil L. Umphenour be confirmed to the Board of Fisheries. The question being: "Shall Virgil L. Umphenour be confirmed to the Board of Fisheries?" The roll of the Senate was called with the following result: Board of Fisheries Confirm - Umphenour SENATE YEAS: 13 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Lincoln, Miller, Parnell, Phillips, Wilken, Donley, Ellis, Green, Halford, Hoffman, Kelly Pete, Kelly Tim, Pearce Nays: Leman, Mackie, Taylor, Torgerson, Ward, Adams, Elton Senator Taylor changed from "Yea" to "Nay". The roll of the House was taken with the following result: Board of Fisheries Confirm - Umphenour HOUSE YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davies, Green, Grussendorf, Halcro, James, Kapsner, Kemplen, Kohring, Kookesh, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Therriault, Whitaker Nays: Austerman, Cissna, Davis, Dyson, Foster, Harris, Hudson, Kerttula, Kott, Phillips, Smalley, Williams 1999-05-17 House Journal Page 1545 Excused: Joule TOTAL: YEAS: 40 NAYS: 19 EXCUSED: 1 ABSENT: 0 And so, Virgil L. Umphenour was confirmed. Senator Taylor moved that the following Sense of the Joint Session be adopted. Sense of the Joint Session By Senators Taylor, Ward and Pete Kelly The Governor should submit the name he has chosen to serve as Attorney General to the Legislature for confirmation. President Pearce ruled the motion out of order. Senator Mackie moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 12:39 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 12:47 p.m. The Speaker stated that, without objection, the House would stand in recess to 2:00 p.m.; and so, the House recessed at 12:48 p.m. AFTER RECESS The Speaker called the House back to order at 2:08 p.m. A second quorum call showed 24 members present. 1999-05-17 House Journal Page 1546 THIRD READING OF SENATE BILLS (Continued) SB 51 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1488), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 51(L&C) "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date." Representative Berkowitz placed a call of the House. **The presence of Representative Joule, who had been previously excused (page 1511), was noted. The call was satisfied. The question being: "Shall HCS CSSB 51(L&C) pass the House?" The roll was taken with the following result: HCS CSSB 51(L&C) Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 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, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Dyson, Kohring And so, HCS CSSB 51(L&C) passed the House. 1999-05-17 House Journal Page 1547 SB 51 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 51(L&C) was referred to the Chief Clerk for engrossment. SB 94 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1489), was read the third time: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 94(FIN) "An Act relating to the medical use of marijuana; and providing for an effective date." The question being: "Shall HCS CSSSSB 94(FIN) pass the House?" The roll was taken with the following result: HCS CSSSSB 94(FIN) Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kohring, Kookesh, Kott, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Berkowitz, Bunde, Croft, Foster, Hudson, Kemplen, Kerttula, Morgan, Moses Absent: Masek And so, HCS CSSSSB 94(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 Berkowitz gave notice of reconsideration of his vote on HCS CSSSSB 94(FIN), and the reconsideration was taken up later. 1999-05-17 House Journal Page 1548 SB 110 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1490), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 110(JUD) "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 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." The question being: "Shall HCS CSSB 110(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 110(JUD) Third Reading Final Passage YEAS: 28 NAYS: 0 EXCUSED: 0 ABSENT: 12 Yeas: Austerman, Berkowitz, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kott, Masek, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Absent: Barnes, Brice, Foster, Grussendorf, Joule, Kapsner, Kookesh, Morgan, Moses, Mulder, Ogan, Sanders And so, HCS CSSB 110(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. Representative Berkowitz gave notice of reconsideration of his vote on HCS CSSB 110(JUD), and the reconsideration was taken up later. SB 155 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1498), was read the third time: 1999-05-17 House Journal Page 1549 SB 155 CS FOR SENATE BILL NO. 155(FIN) "An Act relating to methods of payment of and reports concerning certain state salaries and business expenses." The question being: "Shall CSSB 155(FIN) pass the House?" The roll was taken with the following result: CSSB 155(FIN) Third Reading Final Passage YEAS: 18 NAYS: 15 EXCUSED: 0 ABSENT: 7 Yeas: Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Kemplen, Kohring, Kott, Masek, Ogan, Phillips, Porter, Rokeberg, Sanders Nays: Berkowitz, Brice, Cissna, Croft, Davies, Harris, Hudson, James, Joule, Kerttula, Morgan, Murkowski, Smalley, Whitaker, Williams Absent: Austerman, Grussendorf, Kapsner, Kookesh, Moses, Mulder, Therriault And so, lacking the necessary 21 votes, CSSB 155(FIN) failed to pass the House. Representative Bunde gave notice of reconsideration of his vote on CSSB 155(FIN)(fld H). SB 169 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1503), was read the third time: CS FOR SENATE BILL NO. 169(FIN) am H "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." The question being: "Shall CSSB 169(FIN) am H pass the House?" The roll was taken with the following result: 1999-05-17 House Journal Page 1550 SB 169 CSSB 169(FIN) am H 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, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Kapsner, Rokeberg And so, CSSB 169(FIN) am H 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 Berkowitz gave notice of reconsideration of his vote on CSSB 169(FIN) am H, and the reconsideration was taken up later. SB 171 The following, which was advanced to third reading from the May 16, 1999, calendar (page 1505), was read the third time: HOUSE CS FOR SENATE BILL NO. 171(RLS) "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." Representative James moved and asked unanimous consent that HCS SB 171(RLS) be returned to second reading for the specific purpose of considering Amendment No. 2. Objection was heard. 1999-05-17 House Journal Page 1551 SB 171 The question being: "Shall HCS SB 171(RLS) be returned to second reading for the specific purpose of considering Amendment No. 2?" The roll was taken with the following result: HCS SB 171(RLS) Third Reading Return to Second for Amendment No. 2 YEAS: 22 NAYS: 13 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Smalley Nays: Barnes, Cowdery, Halcro, Harris, Kohring, Masek, Mulder, Murkowski, Ogan, Porter, Rokeberg, Sanders, Williams Absent: Austerman, Kott, Phillips, Therriault, Whitaker And so, the motion passed. Amendment No. 2 was offered by Representative James: Page 4, line 22, following "project": Insert ";" Page 4, following line 22: Insert new subparagraphs to read: "(C) the Whittier DeLong Dock, and (D) any conveyances of "rail properties of the Alaska Railroad" contemplated under the Alaska Railroad Transfer Act of 1982 and as defined therein" Representative Cowdery objected. Amendment to Amendment No. 2 was offered by Representative James: Under "Insert new subparagraphs to read:" Delete subparagaph "(D)" 1999-05-17 House Journal Page 1552 SB 171 Objection was heard and withdrawn. There being no further objection, Amendment to Amendment No. 2 was adopted. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 100 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 100(FIN) "An Act relating to the payment by indigent persons for legal services and related costs." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 100(JUD) "An Act relating to services of representation for indigent persons and to the payment by indigent persons for legal services and related costs." (Technical title change) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Kott Do not pass (2): Croft, Kerttula No recommendation (3): Murkowski, Green, James The following fiscal notes apply to HCS CSSB 100(JUD): Senate fiscal note, Dept. of Law, 4/6/99 Senate zero fiscal note, Alaska Court System, 3/18/99 CSSB 100(FIN) was referred to the Finance Committee. 1999-05-17 House Journal Page 1553 SB 128 The Finance Committee has considered: CS FOR SENATE BILL NO. 128(FIN) am "An Act moving the termination date of the Board of Storage Tank Assistance to June 30, 1999; relating to the storage tank assistance fund, to financial assistance for owners and operators of underground petroleum storage tank systems, and to discharges from underground petroleum storage tank systems; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 128(FIN) (same title) The report was signed by Representative Mulder, Co-chair, with the following individual recommendations: Do pass (1): Moses Do not pass (1): Bunde No recommendation (7): Mulder, Austerman, Davies, Grussendorf, Davis, Williams, Foster The following fiscal notes apply to HCS CSSB 128(FIN): Fiscal note, House Finance Committee/Dept. of Environmental Conservation, 5/17/99 Fiscal note, Dept. of Law, 5/15/99 CSSB 128(FIN) am is on today's first supplemental calendar. SB 130 The Judiciary Committee has considered: SENATE BILL NO. 130 "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." 1999-05-17 House Journal Page 1554 SB 130 and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 130(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Croft, Green, Rokeberg, Kott Do not pass (1): Kerttula No recommendation (1): Murkowski The following fiscal notes apply to HCS CSSB 130(JUD): Senate zero fiscal note, Dept. of Law, 5/6/99 Senate zero fiscal note, Dept. of Public Safety, 5/6/99 SB 130 was referred to the Rules Committee for placement on the calendar. THIRD READING OF SENATE BILLS (Continued) SB 171 The following was again before the House with Amendment No. 2 as amended (page 1551) moved and pending: HOUSE CS FOR SENATE BILL NO. 171(RLS) "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." Representative Cowdery placed a call of the House. The call was satisfied. 1999-05-17 House Journal Page 1555 SB 171 The question being: "Shall Amendment No. 2 as amended be adopted?" The roll was taken with the following result: HCS SB 171(RLS) Second Reading Amendment No. 2 as amended YEAS: 8 NAYS: 32 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, James, Kapsner, Kemplen, Kerttula, Whitaker Nays: Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Williams And so, Amendment No. 2 as amended was not adopted. Representative Murkowski moved and asked unanimous consent that HCS SB 171(RLS) be returned to second reading for the specific purpose of considering Amendment No. 3. Representative Bunde objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 3 was offered by Representative Murkowski: Page 4, line 22, following "project": Insert "; (C) a conveyance of rail properties of the Alaska Railroad under the original Alaska Railroad Transfer Act of 1982 as set out in Title VI, P.L. 97-468; in this subparagraph, "rail properties of the Alaska Railroad" has the meaning given in 45 U.S.C. 1202(10)" Representative Murkowski moved and asked unanimous consent that Amendment No. 3 be adopted. 1999-05-17 House Journal Page 1556 SB 171 Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted. The question being: "Shall HCS SB 171(RLS) am H pass the House?" The roll was taken with the following result: HCS SB 171(RLS) am H Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Joule And so, HCS SB 171(RLS) am H 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 Berkowitz gave notice of reconsideration of his vote on HCS SB 171(RLS) am H, and the reconsideration was taken up later. SECOND READING OF SENATE RESOLUTIONS SJR 25 The following was read the second time: SENATE JOINT RESOLUTION NO. 25 Relating to voluntary school prayer. 1999-05-17 House Journal Page 1557 SJR 25 with the: Journal Page JUD RPT HCS(JUD) 4DP 1NR 1480 SENATE ZERO FISCAL NOTE (S.JUD) 5/5/99 1480 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. 25(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kemplen: Page 1, line 3, following "our": Insert "Christian" Representative Kemplen moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Sanders objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SJR 25(JUD) Second Reading Amendment No. 1 YEAS: 3 NAYS: 31 EXCUSED: 0 ABSENT: 6 Yeas: Brice, Kemplen, Smalley Nays: Barnes, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker 1999-05-17 House Journal Page 1558 SJR 25 Absent: Austerman, Berkowitz, Croft, Davies, Kerttula, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Kemplen: Page 1, line 11: Delete "moment" Insert "minute" Representative Kemplen moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Sanders objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS SJR 25(JUD) Second Reading Amendment No. 2 YEAS: 3 NAYS: 28 EXCUSED: 0 ABSENT: 9 Yeas: Kemplen, Kookesh, Moses Nays: Brice, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker Absent: Austerman, Barnes, Berkowitz, Croft, Davies, Kerttula, Masek, Therriault, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kemplen: Page 1, line 11, following "silence": Insert "at the beginning of the school day to" 1999-05-17 House Journal Page 1559 SJR 25 Representative Kemplen moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS SJR 25(JUD) Second Reading Amendment No. 3 YEAS: 5 NAYS: 24 EXCUSED: 0 ABSENT: 11 Yeas: Brice, Joule, Kemplen, Kookesh, Moses Nays: Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker Absent: Austerman, Barnes, Berkowitz, Bunde, Croft, Davies, Kapsner, Kerttula, Masek, Therriault, Williams And so, Amendment No. 3 was not adopted. Representative Green moved and asked unanimous consent that HCS SJR 25(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Brice objected. The Speaker stated that HCS SJR 25(JUD) will be in third reading on the May 18, 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: 1999-05-17 House Journal Page 1560 Honoring - Jerry & Louise Hagel, Owners of the Stake Shop By Representatives Berkowitz, Porter, Austerman, Barnes, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Ward Honoring - Government Hill Elementary, Title I Distinguished School By Representatives Murkowski, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - The Childrens Place By Representatives Masek, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Don M. Dafoe By Representatives Croft, Bunde, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Charlotte Adams By Senator Lincoln; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Peter Egrass By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 1999-05-17 House Journal Page 1561 In Memoriam - Reverend James Gilbert By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Teddy Luke By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Bertha Demit-Sinyon By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams The Speaker stated that, without objection the House would stand at ease to 5:15 p.m.; and so, the House stood at ease at 4:45 p.m. AFTER RECESS The Speaker called the House back to order at 5:30 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE GOVERNOR A letter dated May 17, 1999, was read stating that, in accordance with AS 39.05.080 the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the House Special Committee on Utility Restructuring: 1999-05-17 House Journal Page 1562 Regulatory Commission of Alaska James S. Strandberg - Anchorage Appointed: 07/01/99 Expires: 07/01/2000 Wilfred K. Abbott - Anchorage Appointed: 07/01/99 Expires: 07/01/2001 Patricia Maria DeMarco - Anchorage Appointed: 07/01/99 Expires: 07/01/2002 Burnell Smith - Eagle River Appointed: 07/01/99 Expires: 07/01/2003 G. Nanette Thompson - Anchorage Appointed: 07/01/99 Expires: 07/01/2004 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE HB 70 A message dated May 17, 1999, was read stating the Senate has passed CSHB 70(RLS) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 70(HES) "An Act relating to questionnaires or surveys administered in public schools." CSHB 70(RLS) am is under Unfinished Business. UNFINISHED BUSINESS HJR 3 Representative Bunde moved and asked unanimous consent to withdraw the following: HOUSE JOINT RESOLUTION NO. 3 Proposing an amendment to the Constitution of the State of Alaska relating to initiatives regarding natural resources belonging to the state. There being no objection, HJR 3 was withdrawn. 1999-05-17 House Journal Page 1563 CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Green moved and asked unanimous consent that the House adopt the First Supplemental Calendar: CSSB 11(JUD) CSSB 45(FIN) am CSSB 128(FIN) am HCR 14 There being no objection, it was so ordered. SECOND READING OF SENATE BILLS SB 11 The following was read the second time: CS FOR SENATE BILL NO. 11(JUD) "An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders." with the: Journal Page JUD RPT 1DP 3NR 1369 INDETERMINATE FISCAL NOTE (ADM) 1369 ZERO FISCAL NOTE (COR) 1369 FIN RPT HCS(FIN) NT 4DP 1DNP 5NR 1514 SENATE INDETERMINATE FN (ADM) 5/13/99 1515 SENATE ZERO FISCAL NOTE (COR) 5/13/99 1515 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. 11(FIN) "An Act relating to sentences for second degree murder." There being no objection, it was so ordered. 1999-05-17 House Journal Page 1564 SB 11 Representative Green moved and asked unanimous consent that HCS CSSB 11(FIN) be considered engrossed and advanced to third reading. Representative Berkowitz objected. The Speaker stated that HCS CSSB 11(FIN) will be in third reading on the May 18, 1999, calendar. SB 45 The following was read the second time: 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." with the: Journal Page JUD RPT 5DP 2NR 1369 2 SENATE ZERO FNS (DOT, DNR) 4/21/99 1370 Representative Green moved and asked unanimous consent that CSSB 45(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Joule objected. The Speaker stated that CSSB 45(FIN) am will be in third reading on the May 18, 1999, calendar. SB 128 The following was read the second time: 1999-05-17 House Journal Page 1565 SB 128 CS FOR SENATE BILL NO. 128(FIN) am "An Act moving the termination date of the Board of Storage Tank Assistance to June 30, 1999; relating to the storage tank assistance fund, to financial assistance for owners and operators of underground petroleum storage tank systems, and to discharges from underground petroleum storage tank systems; and providing for an effective date." was referred to the Chief Clerk for engrossment. with the: Journal Page RES RPT HCS(RES) 1DP 7NR 1441 2 FISCAL NOTES (LAW, DEC) 1441 SENATE FISCAL NOTE (S.FIN/DEC) 5/4/99 1441 FIN RPT HCS(FIN) 1DP 1DNP 7NR 1553 FISCAL NOTE (H.FIN/DEC) 1553 FISCAL NOTE (LAW) 5/15/99 1553 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. 128(FIN) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 128(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 128(FIN) will be in third reading on the May 18, 1999, calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 14 The following was read the second time: 1999-05-17 House Journal Page 1566 HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 11, relating to good time credits for prisoners serving sentences of imprisonment for certain murders. The Speaker stated that, without objection HCR 14, will be held in second reading to the May 18, 1999, calendar. UNFINISHED BUSINESS HB 135 Representative Green moved and asked unanimous consent that the following letter from the Dept. of Law, Criminal Division, dated May17, 1999, regarding: CS FOR HOUSE BILL NO. 135(JUD) am "An Act relating to use of eavesdropping and recording devices by peace officers." be spread in the journal. There being no objection, it was so ordered, and the letter appears below: "The Hon. Pete Kott, Chair The Hon. Joe Green, Vice-Chair The Hon. Jeannette James The Hon. Beth Kerttula The Hon. Eric Croft The Hon. Lisa Murkowski The Hon. Norman Rokeberg House Judiciary Committee State Capitol Juneau, Alaska 99811-1182 Re: CSHB 135(JUD) am 1999-05-17 House Journal Page 1567 HB 135 Dear Representatives: I am writing in support of HB 135, which allows for safety monitors to protect Alaska's peace officers who investigate crime. I am an Assistant District Attorney for the state in Anchorage, and have been responsible for the prosecution of persons charged with drug offenses since 1993. The nature of criminal investigation has changed since the Alaska Supreme Court decided State v. Glass, 583 P.2d 872 (Alaska 1978). The investigation of certain crimes, especially drug offenses, has become much more hazardous to peace officers. The changing nature of crime investigation is a result of several factors. In drug cases, a significant factor contributing to the changes is the type of drugs being manufactured, used, and delivered. Crack cocaine and methamphetamines are now prevalent in Alaska. Crack cocaine is commonly sold either in an "open air" or a "crack house" transaction. Each transaction requires an undercover officer to be out of sight, and often out of the area, of backup officers. Without a safety monitor, the undercover officer is unable to direct the backup officers to his or her location to help in an emergency. The people who sell the illegal drugs are often seriously addicted and desperate to obtain money. Undercover officers have been robbed and assaulted before the surveillance officers know that help is required. Another factor that increases the danger of undercover investigation is the rise in the production and sale of methamphetamines. The materials and procedure to manufacture methamphetamine are highly volatile and dangerous. Laboratories are often hastily set up and taken down. The danger, however, while the production occurs, is serious to all persons and property in the area. The safety monitor will allow peace officers to enter these premises while being protected by backup and to act quickly to shut down these dangerous operations. Probably the most critical change in the nature of the investigation of drug cases, is the significant increase in the presence 1999-05-17 House Journal Page 1568 HB 135 of firearms possessed by drug dealers, and in drug related homicides. When Glass was decided in 1978, undercover peace officers rarely encountered suspects armed with a firearm. Unfortunately, the majority of drug dealers are now armed. In Anchorage alone, there have been numerous homicides resulting from drug transactions over the last several years. In other areas, marijuana growing operations have been directly related to many homicides in the last decade. Peace officers need effective backup for protection in these dangerous situations. Investigation of other cases often requires undercover police work; for example, in the investigation of prostitution, there must be undercover officers on the street, at risk to persons who prey on prostitutes, such as armed robbers, kidnappers, and rapists. A safety monitor would allow backup officers to intervene much sooner. Alaska's peace officers protect ordinary citizens from people who commit dangerous crimes while armed with firearms. They need the protection of a safety monitor. Very truly yours, BRUCE M. BOTELHO ATTORNEY GENERAL By: Phil Moberly Assistant District Attorney Chief, Narcotics Enforcement Anchorage, District Attorney Office" CONCUR IN SENATE AMENDMENTS HB 109 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1513) on the following at this time: 1999-05-17 House Journal Page 1569 HB 109 CS FOR HOUSE BILL NO. 109(RES) am "An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters." and SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent to withdraw the motion to consider CSHB 109(RES) am at this time. There being no objection, it was so ordered. CSHB 109(RES) am is under Unfinished Business. HB 110 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1513) on the following at this time: 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 110(L&C) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 110(L&C), thus adopting SCS CSHB 110(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 110(L&C)?" The roll was taken with the following result: 1999-05-17 House Journal Page 1570 HB 110 SCS CSHB 110(L&C) Concur YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Absent: Bunde, Grussendorf, Moses, Mulder, Ogan, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 110(L&C). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 110(L&C) was referred to the Chief Clerk for enrollment. HB 70 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1562) on the following at this time: CS FOR HOUSE BILL NO. 70(RLS) am "An Act relating to questionnaires or surveys administered in public schools." and SENATE CS FOR CS FOR HOUSE BILL NO. 70(HES) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 70(RLS) am, thus adopting SCS CSHB 70(HES), and recommended that the members vote yes. 1999-05-17 House Journal Page 1571 HB 70 The question being: "Shall the House concur in the Senate amendment to CSHB 70(RLS) am?" The roll was taken with the following result: SCS CSHB 70(HES) Concur YEAS: 33 NAYS: 2 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Murkowski, Ogan, Porter, Smalley, Whitaker, Williams Nays: Phillips, Rokeberg Absent: Grussendorf, Moses, Mulder, Sanders, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 70(HES). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 70(HES) was referred to the Chief Clerk for enrollment. HB 109 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1513) on the following at this time: CS FOR HOUSE BILL NO. 109(RES) am "An Act relating to management of fish and game in Glacier Bay National Park and Preserve and navigable waters." and SENATE CS FOR CS FOR HOUSE BILL NO. 109(RES) (same title) There being no objection, it was so ordered. 1999-05-17 House Journal Page 1572 HB 109 Representative Green moved that the House concur in the Senate amendment to CSHB 109(RES) am, thus adopting SCS CSHB 109(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 109(RES) am?" The roll was taken with the following result: SCS CSHB 109(RES) Concur YEAS: 30 NAYS: 5 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kott, Masek, Morgan, Moses, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Whitaker, Williams Nays: Berkowitz, Davies, Joule, Kerttula, Kookesh Absent: Grussendorf, Kohring, Mulder, Sanders, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 109(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 109(RES) was referred to the Chief Clerk for enrollment. ANNOUNCEMENTS Finance Committee upon recess, 5/17 The Speaker stated that the House would recess to 8:00 p.m.; and so, the House stood in recess at 6:37 p.m. AFTER RECESS The Speaker called the House back to order at 9:35 p.m. The Speaker stated that, without objection, the House would recess for a Majority Caucus; and so, the House recessed at 9:36 p.m. 1999-05-17 House Journal Page 1573 AFTER RECESS The Speaker called the House back to order at 10:20 p.m. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 199 The Finance Committee has considered: HOUSE BILL NO. 199 "An Act relating to compensation for certain state employees; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (5): Therriault, Mulder, Bunde, Austerman, Foster Do not pass (1): Davies No recommendation (3): Moses, Davis, Williams The following fiscal notes apply to CSHB 199(FIN): Fiscal note, Alaska Court System, 5/17/99 Forthcoming fiscal note(s) HB 199 is on today's second supplemental calendar. CONSIDERATION OF THE SECOND SUPPLEMENTAL CALENDAR Representative Green moved and asked unanimous consent that the House adopt the Second Supplemental Calendar. 1999-05-17 House Journal Page 1574 Representative Berkowitz objected. The question being: "Shall the Second Supplemental Calendar be adopted?" The roll was taken with the following result: Adopt Second Supplemental Calendar YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Kapsner changed from "Yea" to "Nay". And so, the motion passed and the following calendar was adopted: HB 199 SECOND READING OF HOUSE BILLS HB 199 The following was read the second time: HOUSE BILL NO. 199 "An Act relating to compensation for certain state employees; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 2DP 3DNP 2NR 941 FISCAL NOTE (ADM/ALL DEPTS) 942 FIN RPT CS(FIN) 5DP 1DNP 3NR 1573 FISCAL NOTE (COURT) 1573 FORTHCOMING FISCAL NOTE(S) 1573 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1999-05-17 House Journal Page 1575 HB 199 CS FOR HOUSE BILL NO. 199(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Hudson and Kerttula: Page 3, line 19, through Page 4, line 14: Delete all material. Renumber the following bill sections accordingly. Representative Hudson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 199(FIN) Second Reading Amendment No. 1 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Sanders, Smalley, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker Davis changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. 1999-05-17 House Journal Page 1576 HB 199 Representative Green moved and asked unanimous consent that CSHB 199(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 199(FIN) will be in third reading on the May 18, 1999, calendar. The Speaker stated that, without objection, the House would stand at ease for a Minority Caucus; and so, the House stood at ease at 10:45p.m. AFTER AT EASE The Speaker called the House back to order at 10:51 p.m. RECONSIDERATION SB 171 Representative Green moved and asked unanimous consent that the reconsideration of HCS SB 171(RLS) am H (page 1556) be taken up on the same day. Representative Berkowitz objected. Representative Green placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall the reconsideration of HCS SB 171(RLS) am H be taken up on the same day?" The roll was taken with the following result: HCS SB 171(RLS) am H--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 1999-05-17 House Journal Page 1577 SB 171 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley And so, the motion passed. The following was again before the House in third reading: HCS SB 171(RLS) am H "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." The question to be reconsidered: "Shall HCS SB 171(RLS) am H pass the House?" The roll was taken with the following result: HCS SB 171(RLS) am H--RECONSIDERATION Third Reading Final Passage 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, HCS SB 171(RLS) am H passed the House on reconsideration. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 1999-05-17 House Journal Page 1578 SB 171 HCS SB 171(RLS) am H was referred to the Chief Clerk for engrossment. SB 169 Representative Green moved and asked unanimous consent that the reconsideration of CSSB 169(FIN) am H (page 1550) be taken up on the same day. Objection was heard. The question being: "Shall the reconsideration of CSSB 169(FIN) am H be taken up on the same day?" The roll was taken with the following result: CSSB 169(FIN) am H--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley And so, the motion passed. The following was again before the House in third reading: CS FOR SENATE BILL NO. 169(FIN) am H "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." Representative Barnes rose to a point of order stating that the debate was dilatory. 1999-05-17 House Journal Page 1579 SB 169 The Speaker cautioned the member to proceed in order. Representative Austerman placed a call of the House and lifted the call. Representative Berkowitz placed a call of the House and lifted the call. The question to be reconsidered: "Shall CSSB 169(FIN) am H pass the House?" The roll was taken with the following result: CSSB 169(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 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, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Moses And so, CSSB 169(FIN) am H 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 169(FIN) am H was referred to the Chief Clerk for engrossment. SB 110 Representative Green moved and asked unanimous consent that the reconsideration of HCS CSSB 110(JUD) (page 1548) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: 1999-05-17 House Journal Page 1580 SB 110 HOUSE CS FOR CS FOR SENATE BILL NO. 110(JUD) "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 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." The question to be reconsidered: "Shall HCS CSSB 110(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 110(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, 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 Nays: Brice And so, HCS CSSB 110(JUD) passed the House on reconsideration. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 110(JUD) was referred to the Chief Clerk for engrossment. SB 94 Representative Green moved and asked unanimous consent that the reconsideration of HCS CSSSSB 94(FIN) (page 1547) be taken up on the same day. Objection was heard. 1999-05-17 House Journal Page 1581 SB 94 The question being: "Shall the reconsideration of HCS CSSSSB 94(FIN) be taken up on the same day?" The roll was taken with the following result: HCS CSSSSB 94(FIN)--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley And so, the motion passed. The following was again before the House in third reading: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 94(FIN) "An Act relating to the medical use of marijuana; and providing for an effective date." Representative Coghill rose to a point of order stating that debate was straying from the bill. The Speaker cautioned the member to confine remarks to the bill. Representative Austerman placed a call of the House. Representative Berkowitz moved and asked unanimous consent that Representative James be excused from a call of the House. There being no objection, it was so ordered. The call was satisfied. The question to be reconsidered: "Shall HCS CSSSSB 94(FIN) pass the House?" The roll was taken with the following result: 1999-05-17 House Journal Page 1582 SB 94 HCS CSSSSB 94(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Joule, Kapsner, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Berkowitz, Bunde, Croft, Davies, Hudson, Kemplen, Kerttula, Moses Excused: James And so, HCS CSSSSB 94(FIN) passed the House on reconsideration. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSSSB 94(FIN) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HJR 40 Representatives Ogan, Croft, Kohring, Porter, Dyson, Harris, Sanders and Rokeberg added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 40 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. SJR 25 Representatives Ogan, Kohring and Harris added their names as cross sponsors to: 1999-05-17 House Journal Page 1583 SJR 25 HOUSE CS FOR SENATE JOINT RESOLUTION NO. 25(JUD) Relating to voluntary school prayer. SB 11 Representative Ogan added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) "An Act relating to sentences for second degree murder." SB 110 Representative Smalley added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 110(JUD) "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 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." ENGROSSMENT SB 51 HCS CSSB 51(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 94 HCS CSSSSB 94(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 110 HCS CSSB 110(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 169 CSSB 169(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-05-17 House Journal Page 1584 SB 171 HCS SB 171(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 13 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 5:35 p.m., May 17, 1999: CS FOR HOUSE BILL NO. 13(FIN) am "An Act relating to the characterization of, use of, segregation of, deposit of, interest on, and disbursement of escrow money; relating to the recording, filing, and delivery of escrow documents; and providing for an effective date." HB 201 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 5:35 p.m., May 17, 1999: CS FOR HOUSE BILL NO. 201(FIN) am S "An Act relating to the computation of overtime; and providing for an effective date." HB 214 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 5:45 p.m., May 16, 1999: CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure." 1999-05-17 House Journal Page 1585 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Finance Committee 5/17 meeting CALL OF THE CHAIR ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 18, 1999. There being no objection, the House adjourned at 11:50 p.m. Suzi Lowell Chief Clerk