Legislature(1999 - 2000)
2000-03-29 House Journal
Full Journal pdf2000-03-29 House Journal Page 2743 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 29, 2000 Eightieth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:37 a.m. Roll call showed 34 members present. Representative Kookesh had been previously excused from a call of the House today. Representatives Dyson and Masek were excused from a call of the House today due to illness. Representatives Croft, Mulder, and Ogan were absent and their presence was noted later. The invocation was offered by the Chaplain, Marie Helm of the Christian Science Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: From Jeremiah 29 -- 'For I know the plans I have for you, declares the Lord, plans to prosper you . . . to give you hope and a future.' Dear Father-Mother, We begin our day with gratitude that You are always present to bless and that Your plan for us is one of hope, prosperity, and a bright future. We ask that You still the doubts, apprehensions, and misgivings that cloud our perception of the infinite possibilities that You are constantly providing. Let our confidence be in Your unerring guidance, knowing that when our minds are still and our hearts are listening, we will 2000-03-29 House Journal Page 2744 feel Your presence inspiring us with fresh ideas and molding our work to Your design which always blesses everyone. 'The grace of our Lord Jesus Christ be with you all.' (Philippians 4) Amen. The Pledge of Allegiance was led by Representative Barnes. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 79th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HJR 53 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 53 Proposing amendments to the Constitution of the State of Alaska relating to a preference for taking wildlife for human consumption. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 53(JUD) Proposing an amendment to the Constitution of the State of Alaska relating to use of fish and wildlife. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Green, James, Rokeberg, Kott The following fiscal note applies to CSHJR 53(JUD): Fiscal note, Office of the Governor, 3/01/00 HJR 53 was referred to the Finance Committee. 2000-03-29 House Journal Page 2745 HB 137 The State Affairs Committee has considered: HOUSE BILL NO. 137 "An Act relating to the municipal dividend program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 137(STA) "An Act relating to state aid to municipalities and certain other recipients; relating to municipal dividends; relating to the public safety foundation program; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Smalley, Kerttula, Hudson Do not pass (2): Green, Ogan No recommendation (1): Whitaker The following fiscal notes apply to CSHB 137(STA): Zero fiscal note, Dept. of Revenue, 2/4/00 Zero fiscal note, Dept. of Community & Economic Development, 2/4/00 HB 137 was referred to the Finance Committee. **The presence of Representative Ogan was noted. HB 207 The Judiciary Committee has considered: HOUSE BILL NO. 207 "An Act relating to the registration of persons who perform home inspections; and providing for an effective date." 2000-03-29 House Journal Page 2746 HB 207 and recommends it be replaced with: CS FOR HOUSE BILL NO. 207(JUD) "An Act relating to the licensure and registration of individuals who perform home inspections; relating to home inspection requirements for residential loans purchased or approved by the Alaska Housing Finance Corporation; relating to civil actions by and against home inspectors; and providing for an effective date." The report was signed by Representative James, Acting Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (4): Murkowski, Croft, James, Kerttula The following fiscal note applies to CSHB 207(JUD): Fiscal note, Dept. of Community & Economic Development, 3/15/00 HB 207 was referred to the Finance Committee. HB 290 The Finance Committee has considered: HOUSE BILL NO. 290 "An Act relating to stranded gas pipeline carriers and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of stranded gas pipeline carriers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 290(FIN) "An Act relating to pipeline carriers of natural gas produced from the North Slope of Alaska and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of that natural gas." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: 2000-03-29 House Journal Page 2747 HB 290 Do pass (3): Therriault, Davies, Grussendorf No recommendation (4): Austerman, Moses, Davis, Williams Amend (2): Phillips, Foster The following fiscal notes apply to CSHB 290(FIN): Fiscal note, Dept. of Community & Economic Development, 2/21/00 Zero fiscal note, Dept. of Revenue, 2/21/00 Zero fiscal note, Dept. of Natural Resources, 2/21/00 HB 290 was referred to the Rules Committee for placement on the calendar. HB 320 The Transportation Committee has considered: HOUSE BILL NO. 320 "An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in the Whittier DeLong Dock and associated uplands, tidelands, and submerged lands by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 320(TRA) "An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in land appurtenant to the Whittier DeLong Dock by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; and providing for an effective date." The report was signed by Representative Halcro, Chair, with the following individual recommendations: 2000-03-29 House Journal Page 2748 HB 320 Do pass (6): Kookesh, Kohring, Hudson, Masek, Cowdery, Halcro The following fiscal note applies to CSHB 320(TRA): Zero fiscal note, House Transportation Committee/Dept. of Community & Economic Development, 3/29/00 HB 320 was referred to the Community & Regional Affairs Committee. HB 325 The Judiciary Committee has considered: HOUSE BILL NO. 325 "An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 325(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: No recommendation (5): Murkowski, Croft, Green, Kott, Kerttula The following fiscal note applies to CSHB 325(JUD): Fiscal note, Dept. of Health & Social Services, 2/2/00 HB 325 was referred to the Finance Committee. **The presence of Representative Croft was noted. HB 363 The Finance Committee has considered: 2000-03-29 House Journal Page 2749 HB 363 HOUSE BILL NO. 363 "An Act relating to salmon product reports; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 363(FIN) "An Act relating to salmon product reports and to the sale of fish; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (2): Austerman, Williams Do not pass (1): Davis No recommendation (7): Therriault, Mulder, Davies, Grussendorf, Moses, Phillips, Foster The following fiscal note applies to CSHB 363(FIN): Fiscal note, Dept. of Revenue, 3/29/00 HB 363 was referred to the Rules Committee for placement on the calendar. HB 411 The State Affairs Committee has considered: HOUSE BILL NO. 411 "An Act relating to the market value of the permanent fund and to distribution of income of the permanent fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 411(STA) (same title) 2000-03-29 House Journal Page 2750 HB 411 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): Hudson Do not pass (2): James, Ogan No recommendation (4): Smalley, Kerttula, Green, Whitaker The following fiscal note applies to CSHB 411(STA): Zero fiscal note, Dept. of Revenue, 3/29/00 HB 411 was referred to the Finance Committee. HB 419 The Labor & Commerce Committee has considered: HOUSE BILL NO. 419 "An Act relating to the weekly rate of compensation and minimum and maximum compensation rates for workers' compensation; specifying components of a workers' compensation reemployment plan; adjusting workers' compensation benefits for permanent partial impairment, for reemployment plans, for rehabilitation benefits, for widows, widowers, and orphans, and for funerals; relating to permanent total disability of an employee receiving rehabilitation benefits; relating to calculation of gross weekly earnings for workers' compensation benefits for seasonal and temporary workers and for workers with overtime or premium pay; setting time limits for requesting a hearing on claims for workers' compensation, for selecting a rehabilitation specialist, and for payment of medical bills; relating to termination and to waiver of rehabilitation benefits, obtaining medical releases, and resolving discovery disputes relating to workers' compensation; setting an interest rate for late payments of workers' compensation; providing for updating the workers' compensation medical fee schedule; and providing for an effective date." and recommends it be replaced with: 2000-03-29 House Journal Page 2751 HB 419 CS FOR HOUSE BILL NO. 419(L&C) "An Act relating to the weekly rate of compensation and minimum and maximum compensation rates for workers' compensation; specifying components of a workers' compensation reemployment plan; adjusting workers' compensation benefits for permanent partial impairment, for reemployment plans, for rehabilitation benefits, for widows, widowers, and orphans, and for funerals; relating to permanent total disability of an employee receiving rehabilitation benefits; relating to calculation of gross weekly earnings for workers' compensation benefits for seasonal and temporary workers and for workers with overtime or premium pay; setting time limits for requesting a hearing on claims for workers' compensation, for selecting a rehabilitation specialist, and for payment of medical bills; relating to termination and to waiver of rehabilitation benefits, obtaining medical releases, and resolving discovery disputes relating to workers' compensation; setting an interest rate for late payments of workers' compensation; providing for updating the workers' compensation medical fee schedule; relating to the effect of religious nonmedical treatment on workers' compensation coverage; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (5): Murkowski, Harris, Cissna, Sanders, Halcro The following fiscal notes apply to CSHB 419(L&C): Fiscal note, University of Alaska, 3/29/00 Fiscal note, Dept. of Labor & Workforce Development, 3/29/00 Fiscal note, Office of the Governor/All Depts., 3/29/00 HB 419 was referred to the Judiciary Committee. HB 434 The Transportation Committee has considered: 2000-03-29 House Journal Page 2752 HB 434 HOUSE BILL NO. 434 "An Act naming the Ted Stevens Anchorage International Airport." and recommends it be replaced with: CS FOR HOUSE BILL NO. 434(TRA) "An Act naming the Ted Stevens Anchorage International Airport; and providing for an effective date." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (7): Masek, Hudson, Kohring, Kookesh, Kemplen, Cowdery, Halcro The following fiscal note applies to CSHB 434(TRA): Zero fiscal note, Dept. of Transportation and Public Facilities, 3/29/00 HB 434 was referred to the Rules Committee for placement on the calendar. SB 162 The Judiciary Committee has considered the following which had been read the third time and referred to the Judiciary Committee (page1974): CS FOR SENATE BILL NO. 162(JUD) "An Act relating to the rule against perpetuities, nonvested property interests, and powers of appointment; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 162(JUD) (same title) The report was signed by Representative Green, Vice-chair, with the following individual recommendations: 2000-03-29 House Journal Page 2753 SB 162 Do pass (4): Murkowski, Green, James, Rokeberg No recommendation (2): Croft, Kerttula The following fiscal note applies to HCS CSSB 162(JUD): Senate zero fiscal note, Dept. of Law, 1/13/00 CSSB 162(JUD) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Recognizing - Anchorage Veteran's Monument Committee By Representative Rokeberg Honoring - 3A Champion Nikiski High School Women's Basketball Team By Representative Smalley; Senator Ward Honoring - Lucy Beaver By Senator Hoffman; Representative Kapsner The following citation was introduced and taken up later as a Special Order of Business: Honoring - Colonel John D. Glass By Senators Green, Halford **The presence of Representative Mulder was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 440 HOUSE BILL NO. 440 by the House Community & Regional Affairs Committee, entitled: 2000-03-29 House Journal Page 2754 HB 440 "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; relating to the vaccination of health care workers against diseases transmitted by bloodborne pathogens; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 304 The following was read the second time: HOUSE BILL NO. 304 "An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." with the: Journal Page CRA RPT 1DP 2NR 1AM 2142 FISCAL NOTE (DEC) 1/21/00 2142 ZERO FISCAL NOTE (REV) 1/21/00 2142 JUD RPT 1DP 3NR 2AM 2328 FISCAL NOTE (DEC) 1/21/00 2329 ZERO FISCAL NOTE (REV) 1/21/00 2329 FIN RPT CS(FIN) NT 5DP 4NR 2609 FISCAL NOTE (DEC) 1/21/00 2609 ZERO FISCAL NOTE (REV) 1/21/00 2609 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 2000-03-29 House Journal Page 2755 HB 304 CS FOR HOUSE BILL NO. 304(FIN) "An Act relating to issuance and sale of revenue bonds to fund drinking water projects, to the Alaska clean water fund, to creation of an Alaska clean water administrative fund and an Alaska drinking water administrative fund, to fees to be charged in connection with loans made from the Alaska clean water fund and the Alaska drinking water fund, and to clarification of the character and permissible uses of the Alaska drinking water fund; amending Rule 3, Alaska Rules of Civil Procedure; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Therriault: Page 2, line 18, following "$150,000,000": Insert "for each program" Page 7, line 26, following "provides": Insert "waste" Page 9, line 8, following "assistance" Insert "for drinking water system projects, including projects to plan, design, build, construct, or rehabilitate a public drinking water collection, storage, treatment, or distribution system," Page 9, lines 9 - 11: Delete all material and insert: "(A) municipalities;" Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Green moved and asked unanimous consent that CSHB 304(FIN) am be considered engrossed, advanced to third reading and placed on final passage. 2000-03-29 House Journal Page 2756 HB 304 Representative Berkowitz objected. The Speaker stated that CSHB 304(FIN) am will be in third reading on the March 30, 2000, calendar. HB 416 The following was read the second time: HOUSE BILL NO. 416 "An Act relating to insurance coverage for prostate cancer screening." with the: Journal Page L&C RPT 3DP 2NR 2610 INDETERMINATE FISCAL NOTE (ADM) 2611 ZERO FISCAL NOTE (DCED) 2611 HES RPT 7DP 2646 INDETERMINATE FISCAL NOTE (ADM) 3/20/00 2646 ZERO FISCAL NOTE (DCED) 3/20/00 2646 FIN REFERRAL WAIVED 2738 Representative Green moved and asked unanimous consent that HB416 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 416 was read the third time. Representative Green moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Green was required to vote. The question being: "Shall HB 416 pass the House?" The roll was taken with the following result: HB 416 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 2000-03-29 House Journal Page 2757 HB 416 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Dyson, Kookesh, Masek And so, HB 416 passed the House and was referred to the Chief Clerk for engrossment. HB 435 The following was read the second time: HOUSE BILL NO. 435 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) 4DP 2725 ZERO FISCAL NOTE (H.JUD) 2726 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 435(JUD) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 435(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 435(JUD) was read the third time. 2000-03-29 House Journal Page 2758 HB 435 The question being: "Shall CSHB 435(JUD) pass the House?" The roll was taken with the following result: CSHB 435(JUD) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 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, Kohring, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Dyson, Kookesh, Masek And so, CSHB 435(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. CSHB 435(JUD) was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 7 Representative Davies brought up reconsideration of the vote on HCS CSSB 7(FIN) (page 2736). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 7(FIN) "An Act relating to the University of Alaska and university land and authorizing the University of Alaska to select additional state land." 2000-03-29 House Journal Page 2759 SB 7 **The presence of Representative Dyson was noted. Representative Davies moved and asked unanimous consent that HCS CSSB 7(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 4, line 29, following "(1)": Insert "is identified in AS16.20, AS41.15.300 - 41.15.330, or AS41.21 or" Page 9, following line 15: Insert a new subsection to read: "(o) Notwithstanding (a)(1) of this section, land identified under AS41.23 or included within the Tanana Valley State Forest created in AS41.17.400 may be selected by the University of Alaska if the selection satisfies the other requirements of this section." Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. The question to be reconsidered: "Shall HCS CSSB 7(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 7(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 10 EXCUSED: 2 ABSENT: 2 2000-03-29 House Journal Page 2760 SB 7 Yeas: Austerman, Barnes, Brice, Bunde, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Morgan, Moses, Smalley Excused: Kookesh, Masek Absent: Croft, Murkowski And so, HCS CSSB 7(FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. INTRODUCTION OF GUESTS Representative Ogan introduced Cassie Sullivan and Nila Slack, Guest Pages, from Palmer. RECONSIDERATION HJR 56 Representative Green brought up reconsideration of the vote on HJR56 which had been held until today (page 2704). The following was again before the House in third reading: HOUSE JOINT RESOLUTION NO. 56 Proposing an amendment to the Constitution of the State of Alaska prohibiting certain initiatives relating to wildlife. Representative Ogan placed a call of the House. The Speaker stated the call was satisfied. The question to be reconsidered: "Shall HJR 56 pass the House?" The roll was taken with the following result: 2000-03-29 House Journal Page 2761 HJR 56 HJR 56--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Austerman, Berkowitz, Cissna, Croft, Davies, Grussendorf, Kemplen, Kerttula, Moses, Sanders, Smalley Excused: Kookesh, Masek And so, HJR 56 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. HB 42 Representative Green brought up reconsideration of the vote on CSSSHB 42(FIN)(ct rule fld) (page 2734). The following was again before the House in third reading: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42(FIN) "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action; amending Rules 79 and 82(b), Alaska Rules of Civil Procedure." Representative Mulder placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSSSHB 42(FIN) pass the House?" The roll was taken with the following result: 2000-03-29 House Journal Page 2762 HB 42 CSSSHB 42(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Joule, Kemplen, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Kapsner, Kerttula, Moses, Therriault Excused: Kookesh, Masek And so, CSSSHB 42(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 court rule changes. Representative Berkowitz objected. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: CSSSHB 42(FIN)--RECONSIDERATION Third Reading Court Rules YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kerttula, Moses, Sanders 2000-03-29 House Journal Page 2763 HB 42 Excused: Kookesh, Masek Smalley changed from "Nay" to "Yea". And so, lacking the necessary 27 votes, the court rule changes were not adopted on reconsideration, and the new title appears below: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 42(FIN)(ct rule fld) "An Act relating to civil liability for certain false or improper allegations in a civil pleading or for certain improper acts relating to a civil action." CSSSHB 42(FIN)(ct rule fld) was referred to the Chief Clerk for engrossment. HB 284 Representative Green brought up reconsideration of the vote on CSHB 284(JUD) am which had been held until today (page 2739). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 284(JUD) am "An Act relating to uninsured and underinsured motor vehicle insurance; and providing for an effective date." Representative Kott moved and asked unanimous consent that CSHB 284(JUD) am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1 (page 2647). Representative Berkowitz objected. **The presence of Representative Masek was noted. The question being: "Shall CSHB 284(JUD) am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1?" The roll was taken with the following result: 2000-03-29 House Journal Page 2764 HB 284 CSHB 284(JUD) am--RECONSIDERATION Third Reading Return to Second/Rescind previous action/Amendment No. 1 YEAS: 25 NAYS: 14 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, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Moses, Phillips, Sanders, Smalley Excused: Kookesh And so, the motion passed. Representative Kott moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 1. Representative Berkowitz objected. The question being: "Shall the House rescind previous action in adopting Amendment No. 1?" The roll was taken with the following result: CSHB 284(JUD) am--RECONSIDERATION Second Reading Rescind previous action/Amendment No. 1 YEAS: 21 NAYS: 18 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Coghill, Cowdery, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Ogan, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Moses, Murkowski, Phillips, Sanders, Smalley 2000-03-29 House Journal Page 2765 HB 284 Excused: Kookesh And so, the motion passed, and Amendment No. 1 (page 2647) was before the House. Amendment to Amendment No. 1 was offered by Representative Croft: Delete all material in Amendment No. 1 Insert the following: Page 1, line 8: Delete "disinterested" Page 2, line 4: Delete "disinterested" Representative Croft moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 284(JUD)--RECONSIDERATION Second Reading Amendment to Amendment No. 1 YEAS: 20 NAYS: 19 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Dyson, Green, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Morgan, Moses, Murkowski, Phillips, Porter, Sanders, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Foster, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Mulder, Ogan, Rokeberg, Therriault, Whitaker, Williams Excused: Kookesh And so, Amendment to Amendment No. 1 was adopted. 2000-03-29 House Journal Page 2766 HB 284 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: CSHB 284(JUD)--RECONSIDERATION Second Reading Amendment No. 1 as amended YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Hudson, Joule, Kapsner, Kemplen, Kerttula, Moses, Murkowski, Phillips, Porter, Sanders, Smalley, Therriault Nays: Barnes, Coghill, Foster, Green, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Ogan, Rokeberg, Whitaker, Williams Excused: Kookesh Therriault changed from "Nay" to "Yea". Barnes changed from "Yea" to "Nay". Austerman changed from "Nay" to "Yea". Whitaker changed from "Yea" to "Nay". Williams changed from "Yea" to "Nay". Cowdery changed from "Nay" to "Yea". And so, Amendment No. 1 as amended was adopted. The question to be reconsidered: "Shall CSHB 284(JUD) am pass the House?" The roll was taken with the following result: CSHB 284(JUD) am--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Morgan, Moses, Murkowski, Phillips, Porter, Sanders, Smalley, Whitaker, Williams 2000-03-29 House Journal Page 2767 HB 284 Nays: Coghill, Cowdery, Foster, Grussendorf, Kohring, Kott, Masek, Mulder, Ogan, Rokeberg, Therriault Excused: Kookesh And so, CSHB 284(JUD) am 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. CSHB 284(JUD) am was referred to the Chief Clerk for engrossment. Representative Green moved and asked unanimous consent that the House recess until 5:00 p.m. Representative Berkowitz objected and withdrew the objection. There being no further objection, the House recessed at 12:28 p.m. AFTER RECESS The Speaker called the House back to order at 5:31 p.m. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 269 The Finance Committee has considered: CS FOR SENATE BILL NO. 269(RLS) am "An Act relating to legislative powers and responsibility with respect to collective bargaining agreements between the state and a labor or employee organization representing state employees; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 269(FIN) (same title) 2000-03-29 House Journal Page 2768 SB 269 The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Therriault, Mulder, Phillips, Foster No recommendation (7): Bunde, Austerman, Davies, Grussendorf, Moses, Williams, Davis The following fiscal note applies to HCS CSSB 269(FIN): Senate zero fiscal note, Dept. of Administration/All Depts., 3/6/00 CSSB 269(RLS) am is on today's calendar. Representative Kott had been previously excused from a call of the House (page 2739). Representatives Dyson and Masek were excused from a call of the House today due to illness. Representative Foster, Acting Majority Leader, moved and asked unanimous consent that Representatives Green and Murkowski be excused from a call of the House today. There being no objection, it was so ordered. CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF SENATE BILLS SB 269 The following was read the second time: CS FOR SENATE BILL NO. 269(RLS) am "An Act relating to legislative powers and responsibility with respect to collective bargaining agreements between the state and a labor or employee organization representing state employees; and providing for an effective date." 2000-03-29 House Journal Page 2769 SB 269 with the: Journal Page FIN RPT HCS(FIN) 4DP 7NR 2767 SENATE ZERO FN (ADM/ALL DEPTS) 3/6/00 2768 Representative Foster 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. 269(FIN) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that HCS CSSB 269(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 269(FIN) was read the third time. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Brice Representative Kerttula Objection was heard, and the members were required to vote. The question being: "Shall HCS CSSB 269(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 269(FIN) Third Reading Final Passage YEAS: 24 NAYS: 10 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Coghill, Cowdery, Davies, Davis, Foster, Halcro, Harris, James, Joule, Kapsner, Kohring, Morgan, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams 2000-03-29 House Journal Page 2770 SB 269 Nays: Brice, Cissna, Croft, Grussendorf, Hudson, Kemplen, Kerttula, Moses, Sanders, Smalley Excused: Dyson, Green, Kookesh, Kott, Masek, Murkowski And so, HCS CSSB 269(FIN) passed the House. Representative Foster moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HCS CSSB 269(FIN) Third Reading Effective Date YEAS: 23 NAYS: 11 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davies, Davis, Foster, Halcro, Harris, Hudson, James, Kohring, Morgan, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Moses, Smalley Excused: Dyson, Green, Kookesh, Kott, Masek, Murkowski And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title appears below: HOUSE CS FOR CS FOR SENATE BILL NO. 269(FIN) (efd fld H) "An Act relating to legislative powers and responsibility with respect to collective bargaining agreements between the state and a labor or employee organization representing state employees." Representative Therriault gave notice of reconsideration of his vote on HCS CSSB 269(FIN)(efd fld H). 2000-03-29 House Journal Page 2771 UNFINISHED BUSINESS HB 298 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 298 "An Act requiring that health care insurers provide coverage for treatment of diabetes." HB 298 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. Representative Foster moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Sanders - from noon, March 31 to 9:30 a.m., plane time, April 3, 2000 Representative Murkowski - from 7:18 p.m., March 31 to 9:34 p.m., plane time, April 2, 2000 Representative Moses - from 7:12 a.m., March 31 to 9:25 p.m., plane time, April 3, 2000 Representative James - from noon, April 6 to 9:30 a.m., plane time, April 10, 2000 Representative Joule - from 1:35 p.m., April 7 to 9:34 a.m., plane time, April 13, 2000 HB 320 The Speaker waived the Community & Regional Affairs Committee referral for the following at the request of Representative Harris, Co- chair: HOUSE BILL NO. 320 "An Act approving the application for and acceptance of a grant of certain federal land by the Alaska Railroad Corporation; approving the conveyance of the entire interest in the Whittier 2000-03-29 House Journal Page 2772 HB 320 DeLong Dock and associated uplands, tidelands, and submerged lands by the Alaska Railroad Corporation; relating to use and disposition of the Whittier DeLong Dock and associated land; and providing for an effective date." HB 320 was removed from the Community & Regional Affairs Committee and referred to the Finance Committee. SPECIAL ORDER OF BUSINESS Representative Foster moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Colonel John D. Glass, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Colonel John D. Glass By Senators Green, Halford; Representatives Porter, 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, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams HJR 2 Representative Croft removed his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 2 Proposing amendments to the Constitution of the State of Alaska relating to a biennial state budget, to the appropriation limit, and to appropriations from the budget reserve fund. 2000-03-29 House Journal Page 2773 HJR 52 Representative Foster added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 52 Proposing an amendment to the Constitution of the State of Alaska relating to certain public corporations. HB 298 Representative Harris added his name as cosponsor to: HOUSE BILL NO. 298 "An Act requiring that health care insurers provide coverage for treatment of diabetes." SCR 15 Representatives Dyson, Green, and Whitaker added their names as cross sponsors to: CS FOR SENATE CONCURRENT RESOLUTION NO. 15(RLS) Relating to Alcohol-Related Birth Defects Awareness Weeks. ENGROSSMENT HJR 56 HJR 56 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 42 CSSSHB 42(FIN)(ct rule fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 284 CSHB 284(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 416 HB 416 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 435 CSHB 435(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 2000-03-29 House Journal Page 2774 SB 7 HCS CSSB 7(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 30, 2000. There being no objection, the House adjourned at 5:50 p.m. Suzi Lowell Chief Clerk