Legislature(1999 - 2000)
2000-04-10 House Journal
Full Journal pdf2000-04-10 House Journal Page 2963 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 10, 2000 Ninety-second Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:17 a.m. Roll call showed 33 members present. Representatives Joule and Kookesh had been previously excused from a call of the House today. Representative Brice was excused to morning plane time and his presence was noted later. Representatives Barnes, Kott, Mulder, and Therriault were absent and their presence was noted later. The invocation was offered by Father Michael Nash of the Catholic Cathedral of the Nativity. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Gracious God, creator and ruler of heaven and earth, on a beautiful day like this, we see Your hand in the beauty of the mountains and waters of this Great Land. Grant that Your people, surrounded on all sides by reminders of Your presence, may live in peace with each other. Give the members of this chamber wisdom as they tackle the thorny issues facing the Great Land in these days. Grant them the courage and fortitude to always do what is in the common interest of all Alaskans, rich and poor alike. Bless their efforts; and help the people of this state appreciate the job that they do, we pray You, Gracious God. Amen. The Pledge of Allegiance was led by Representative Hudson. 2000-04-10 House Journal Page 2964 CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 90th and 91st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 159 The following was read the second time: HOUSE BILL NO. 159 "An Act granting certain employees in correctional facilities status as peace officers under the public employees' retirement system." with the: Journal Page STA RPT 3DP 3DNP 1NR 1046 FISCAL NOTE (ADM) 1046 FIN RPT CS(FIN) NT 2DP 6NR 1AM 2301 ZERO FISCAL NOTE (COR) 2301 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. 159(FIN) "An Act permitting certain employees in state correctional facilities to convert their credited service under the public employees' retirement system to credited service as peace officers." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 159(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 159(FIN) was read the third time. **The presence of Representatives Barnes and Kott was noted. 2000-04-10 House Journal Page 2965 HB 159 Representative Croft placed a call of the House. **The presence of Representatives Brice, Therriault, and Mulder was noted. The Speaker stated the call was satisfied. The question being: "Shall CSHB 159(FIN) pass the House?" The roll was taken with the following result: CSHB 159(FIN) Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 2 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, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kohring, Ogan Excused: Joule, Kookesh And so, CSHB 159(FIN) passed the House. Representative Mulder gave notice of reconsideration of his vote on CSHB 159(FIN). HB 277 The following was read the second time: HOUSE BILL NO. 277 "An Act relating to payment of retirement benefits for subsequently reemployed retired members of the teachers' retirement system." with the: Journal Page HES RPT 2DP 4NR 2198 2000-04-10 House Journal Page 2966 HB 277 INDETERMINATE FISCAL NOTE (ADM) 2198 FIN RPT CS(FIN) NT 8DP 1NR 2939 INDETERMINATE FISCAL NOTE (ADM) 2/15/00 2940 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. 277(FIN) "An Act relating to payment of retirement benefits for certain subsequently reemployed retired members of the teachers' retirement system; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 277(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 277(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 potential conflict of interest: Representative Grussendorf Representative Smalley Representative Davies Objection was heard, and the members were required to vote. The question being: "Shall CSHB 277(FIN) pass the House?" The roll was taken with the following result: CSHB 277(FIN) Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 2 ABSENT: 1 2000-04-10 House Journal Page 2967 HB 277 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Kohring, Ogan Excused: Joule, Kookesh Absent: Mulder And so, CSHB 277(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. Representative Berkowitz objected. Representative Berkowitz placed a call of the House. The call was satisfied. Representative Berkowitz withdrew the objection. There being no further objection, the effective date clause was adopted. The following letter of intent was offered by Representative Halcro: "It is the intent of the Legislature that individual school districts would establish policies and standards for determining when a shortage in a teaching discipline or specialty occurs. Once those standards have been fulfilled, the school district could then self-certify a need and rehire retired teachers to fulfill that need. Additionally, school districts will annually report to the Teachers' Retirement System the number of retired teachers who are rehired under the provisions of HB 277. The report should, at a minimum, include the following information for each rehired retiree: 1) the specialty or discipline of the teaching position to be filled, 2) the salary 2000-04-10 House Journal Page 2968 HB 277 at retirement, 3) the salary upon rehire, 4) the rehire date, 5) the re- retirement date if applicable, and 6) a description of efforts made to otherwise fill openings. Each school district taking advantage of the provisions in HB 277 shall also provide a copy of their rehire policy to the Division of Retirement and Benefits." Representative Green moved and asked unanimous consent that the letter of intent be adopted. There being no objection, it was so ordered. CSHB 277(FIN) was referred to the Chief Clerk for engrossment. HB 290 The following was read the second time: 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." with the: Journal Page O&G RPT CS(O&G) NT 2DP 2NR 5AM 2251 FISCAL NOTE (DCED) 2251 2 ZERO FISCAL NOTES (DNR, REV) 2252 RES RPT CS(RES) NT 4DP 5NR 2386 FISCAL NOTE (DCED) 2/21/00 2387 2 ZERO FISCAL NOTES (DNR, REV) 2/21/00 2387 FIN RPT CS(FIN) NT 3DP 4NR 2AM 2746 FISCAL NOTE (DCED) 2/21/00 2747 2 ZERO FISCAL NOTES (DNR, REV) 2/21/00 2747 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. 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." 2000-04-10 House Journal Page 2969 HB 290 There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 290(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 290(FIN) was read the third time. The question being: "Shall CSHB 290(FIN) pass the House?" The roll was taken with the following result: CSHB 290(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule, Kookesh And so, CSHB 290(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 292 The following was read the second time: HOUSE BILL NO. 292 "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; making certain conforming amendments; and providing for an effective date." 2000-04-10 House Journal Page 2970 HB 292 with the: Journal Page STA RPT 1DP 4NR 2566 ZERO FISCAL NOTE (DPS) 1/21/00 2566 JUD RPT CS(JUD) NT 1DP 4NR 2940 ZERO FISCAL NOTE (DPS) 1/21/00 2941 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. 292(JUD) "An Act adopting the National Crime Prevention and Privacy Compact; making criminal justice information available to interested persons and criminal history record information available to the public; providing for the use of criminal justice information and records by the Alcoholic Beverage Control Board; making certain conforming amendments; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 292(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 292(JUD) was read the third time. The question being: "Shall CSHB 292(JUD) pass the House?" The roll was taken with the following result: CSHB 292(JUD) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 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, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 2000-04-10 House Journal Page 2971 HB 292 Nays: Ogan Excused: Joule, Kookesh And so, CSHB 292(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 292(JUD) was referred to the Chief Clerk for engrossment. HB 320 The following was read the second time: 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." with the: Journal Page TRA RPT CS(TRA) NT 6DP 2747 ZERO FISCAL NOTE (H.TRA/DCED) 2748 CRA REFERRAL WAIVED 2771 FIN RPT CS(FIN) NT 8DP 2941 ZERO FISCAL NOTE (H.TRA/DCED) 3/29/00 2942 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. 320(FIN) "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; 2000-04-10 House Journal Page 2972 HB 320 relating to use and disposition of the Whittier DeLong Dock and associated land; prohibiting the Alaska Railroad Corporation and the City of Whittier from granting any special right, privilege, or preference to a third party to provide management services for the DeLong Dock; providing that contracts for management of the DeLong Dock by a third party shall be awarded only under competitive procurement procedures established by the Alaska Railroad Corporation and the City of Whittier; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Berkowitz and Harris: Page 2, line 27, following "and the City of Whittier": Insert "in March of 2000" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 320(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 320(FIN) am will be in third reading on the April 11, 2000, calendar. HB 349 The following was read the second time: HOUSE BILL NO. 349 "An Act relating to powers of the Board of Game, means of access for hunting, trapping, and fishing, the definition of 'means' and 'methods,' and hunting safety education and game conservation education programs; relating to the purposes of game refuges, fish and game critical habitat areas, and public use areas." 2000-04-10 House Journal Page 2973 HB 349 with the: Journal Page RES RPT CS(RES) NT 2DP 4NR 2490 ZERO FISCAL NOTE (DNR) 2490 FIN RPT CS(FIN) NT 4DP 4NR 2887 ZERO FISCAL NOTE (DNR) 3/15/00 2887 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. 349(FIN) "An Act relating to the Board of Game, means of access for hunting, trapping, and fishing, the definition of 'means' and 'methods,' and hunting safety education and wildlife conservation education programs; and relating to the purposes of game refuges, fish and game critical habitat areas, and public use areas." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 349(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 349(FIN) will be in third reading on the April 11, 2000, calendar. HB 372 The following was read the second time: HOUSE BILL NO. 372 "An Act relating to criminal sentencing and restitution." with the: Journal Page JUD RPT CS(JUD) 3DP 1NR 2782 INDETERMINATE FISCAL NOTE (COR) 2783 FIN RPT CS(FIN) 9DP 1NR 2916 INDETERMINATE FISCAL NOTE (COR) 3/30/00 2917 2000-04-10 House Journal Page 2974 HB 372 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. 372(FIN) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 372(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 372(FIN) was read the third time. The question being: "Shall CSHB 372(FIN) pass the House?" The roll was taken with the following result: CSHB 372(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule, Kookesh Absent: Kohring And so, CSHB 372(FIN) passed the House. Representative Davies gave notice of reconsideration of his vote on CSHB 372(FIN). HB 441 Representative Green moved and asked unanimous consent that the following be returned to the Rules Committee: 2000-04-10 House Journal Page 2975 HB 441 HOUSE BILL NO. 441 "An Act making appropriations for the operating expenses of the University of Alaska; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." There being no objection, HB 441 was returned to the Rules Committee. SECOND READING OF SENATE BILLS SB 78 The following was read the second time: SENATE BILL NO. 78 "An Act relating to the use and prescription of pharmaceutical agents in the practice of optometry." with the: Journal Page L&C RPT 2DP 1DNP 3NR 2836 SENATE ZERO FISCAL NOTE (DCED) 3/7/00 2837 Amendment No. 1 was not offered. Representative Green moved and asked unanimous consent that SB 78 be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that SB 78 will be in third reading on the April 11, 2000, calendar. THIRD READING OF HOUSE BILLS HB 206 The following, which was advanced to third reading from the April 8, 2000, calendar (page 2947), was read the third time: 2000-04-10 House Journal Page 2976 HB 206 CS FOR HOUSE BILL NO. 206(FIN) "An Act relating to migratory game bird hunting, to a nonresident combined sport fishing and hunting license, to the nonresident military small game and sport fishing license, to applications for certain licenses, tags, registrations, and permits issued by the Department of Fish and Game, to sport fishing license and anadromous king salmon tag fees for residents of Yukon Territory, Canada, and to duplicate crewmember licenses; and providing for an effective date." The question being: "Shall CSHB 206(FIN) pass the House?" The roll was taken with the following result: CSHB 206(FIN) Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kapsner, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker Nays: Bunde, Croft, Davies, Grussendorf, Kemplen, Kerttula, Kohring, Ogan, Williams Excused: Joule, Kookesh Absent: Austerman And so, CSHB 206(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 Grussendorf gave notice of reconsideration of his vote on CSHB 206(FIN). 2000-04-10 House Journal Page 2977 HB 339 The following, which was advanced to third reading from the April 8, 2000, calendar (page 2948), was read the third time: CS FOR HOUSE BILL NO. 339(FIN) "An Act authorizing the Alaska Commercial Fishing and Agriculture Bank to make loans relating to tourism and development or exploitation of natural resources." Representative Mulder placed a call of the House. The Speaker stated the call was satisfied. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Murkowski Representative Kemplen Representative Dyson Representative Rokeberg Objection was heard, and the members were required to vote. The question being: "Shall CSHB 339(FIN) pass the House?" The roll was taken with the following result: CSHB 339(FIN) Third Reading Final Passage YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Brice, Bunde, Cissna, Cowdery, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Porter, Smalley, Whitaker Nays: Barnes, Berkowitz, Coghill, Croft, Dyson, Kemplen, Kohring, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Therriault, Williams 2000-04-10 House Journal Page 2978 HB 339 Excused: Joule, Kookesh And so, CSHB 339(FIN) passed the House. Representative Berkowitz gave notice of reconsideration of his vote on CSHB 339(FIN). The Speaker stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 12:54 p.m. AFTER RECESS The Speaker called the House back to order at 5:20 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated April 10, 2000, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 16 SENATE CONCURRENT RESOLUTION NO. 16 by the Senate State Affairs Committee: Relating to Avalanche Awareness Month. was read the first time and referred to the State Affairs Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 212 CS FOR SENATE BILL NO. 212(FIN) am by the Senate Finance Committee, entitled: 2000-04-10 House Journal Page 2979 SB 212 "An Act authorizing the commissioner of fish and game, with the concurrence of the Board of Fisheries or the Board of Game, to award grants for habitat restoration, access, or enhancement projects; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. REPORTS OF STANDING COMMITTEES HB 225 The Rules Committee has considered the Senate amendment to: CS FOR HOUSE BILL NO. 225(JUD) "An Act relating to election campaigns and legislative ethics; and providing for an effective date." namely, SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S (same title) which was transmitted to the House for concurrence on May 18, 1999, and returned to the Rules Committee on May 19, 1999 (page 1672). The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do not concur (5): Cowdery, Phillips, Green, Porter, Berkowitz CSHB 225(JUD) is under Unfinished Business. HB 270 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270 "An Act relating to sexual assault and sexual abuse and to payment for certain examinations in cases of alleged sexual assault or sexual abuse." 2000-04-10 House Journal Page 2980 HB 270 and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270(HES) "An Act relating to payment for certain examinations in cases of sexual assault." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (10): Therriault, Bunde, Austerman, Davies, Grussendorf, Moses, Davis, Williams, Foster, Phillips The following fiscal note applies to CSSSHB 270(HES): Zero fiscal note, Dept. of Public Safety, 3/15/00 SSHB 270 was referred to the Rules Committee for placement on the calendar. HB 311 The Resources Committee has considered: HOUSE BILL NO. 311 "An Act eliminating a requirement that a social security number be provided by an applicant for a hunting or sport fishing license or tag." The report was signed by Representative Masek, Co-chair, with the following individual recommendations: Do pass (1): Cowdery No recommendation (6): Barnes, Morgan, Harris, Whitaker, Kapsner, Masek The following fiscal note applies: Fiscal note, Dept. of Revenue, 4/10/00 2000-04-10 House Journal Page 2981 HB 311 HB 311 was referred to the Judiciary Committee. SB 175 The Finance Committee has considered: SENATE BILL NO. 175 "An Act relating to state mining law, to methods of locating mining claims, to the granting of larger mining claims using a legal subdivision based on rectangular survey descriptions, and to mandatory rental payments for prospecting rights." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Austerman, Davis, Williams, Phillips No recommendation (2): Davies, Foster The following fiscal note applies: Senate fiscal note, Dept. of Natural Resources, 2/29/00 SB 175 was referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR (Continued) THIRD READING OF HOUSE BILLS HB 398 The following, which was advanced to third reading from the April 8, 2000, calendar (page 2949), was read the third time: CS FOR HOUSE BILL NO. 398(JUD) "An Act relating to the Alaska Life and Health Insurance Guaranty Association." 2000-04-10 House Journal Page 2982 HB 398 The question being: "Shall CSHB 398(JUD) pass the House?" The roll was taken with the following result: CSHB 398(JUD) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 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, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Ogan Excused: Joule, Kookesh And so, CSHB 398(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 255 The following, which was advanced to third reading from the April 8, 2000, calendar (page 2952), was read the third time: CS FOR SENATE BILL NO. 255(RES) "An Act relating to best interest findings and land use permits, rights-of-way, and easements issued by the Department of Natural Resources; and providing for an effective date." The question being: "Shall CSSB 255(RES) pass the House?" The roll was taken with the following result: CSSB 255(RES) Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 2000-04-10 House Journal Page 2983 SB 255 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kapsner, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Cissna, Davies, Grussendorf, Kemplen, Kerttula Excused: Joule, Kookesh And so, CSSB 255(RES) 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 Davies gave notice of reconsideration of his vote on CSSB 255(RES). SECOND READING OF HOUSE RESOLUTIONS HCR 22 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 22 Establishing the Joint Special Committee on Ways and Means as a joint committee of the legislature. with the: Journal Page FIN RPT CS(FIN) NT 9DP 2937 ZERO FISCAL NOTE (LAA) 2938 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 22(FIN) Directing the Legislative Budget and Audit Committee to study fiscal and other public policy issues relating to state revenue. 2000-04-10 House Journal Page 2984 HCR 22 There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kemplen: Page 1, line 1, following "study" (title amendment): Insert "social," Page 1, following line 5: Insert "WHEREAS the state is facing a serious breach of trust between the citizenry and their elected officials; and WHEREAS the restoration of civic trust is critical to successful implementation of any fiscal solution; and" Page 1, line 12, following "study": Insert "social," Page 2, line 4, following "spending;": Insert a new subsection to read "(5) evaluation and recommendations for restoring sufficient levels of trust to successfully implement any chosen revenue- generating option;" Representative Kemplen moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHCR 22(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 25 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Kapsner, Kemplen, Kerttula, Moses, Ogan, Sanders, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams 2000-04-10 House Journal Page 2985 HCR 22 Excused: Joule, Kookesh Bunde changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. The question being: "Shall CSHCR 22(FIN) pass the House?" The roll was taken with the following result: CSHCR 22(FIN) Second Reading Final Passage YEAS: 29 NAYS: 9 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kerttula, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Brice, Coghill, Davies, Kemplen, Kohring, Kott, Masek, Ogan, Sanders Excused: Joule, Kookesh And so, CSHCR 22(FIN) passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 98 Representative Coghill brought up reconsideration of the vote on CSHB 98(HES) am (page 2956). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 98(HES) am "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska Native family assistance programs; relating to 2000-04-10 House Journal Page 2986 HB 98 assignment of child support by Alaska Native family assistance recipients; to paternity determinations and genetic testing involving recipients of assistance under Alaska Native family assistance programs; and providing for an effective date." The question to be reconsidered: "Shall CSHB 98(HES) am pass the House?" The roll was taken with the following result: CSHB 98(HES) am--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Kapsner, Kemplen, Kerttula, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Whitaker, Williams Nays: Coghill, Davies, Dyson, James, Kohring, Masek, Ogan, Sanders, Therriault Excused: Joule, Kookesh Absent: Barnes And so, CSHB 98(HES) 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 98(HES) am was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (Continued) THIRD READING OF HOUSE RESOLUTIONS HJR 60 The following, which was advanced to third reading from the April 8, 2000, calendar (page 2956), was read the third time: 2000-04-10 House Journal Page 2987 HJR 60 HOUSE JOINT RESOLUTION NO. 60 Opposing the designation of millions of acres of Alaska as critical habitat for the Spectacled Eider and the Steller's Eider. Representative Berkowitz placed a call of the House. Representative Green moved and asked unanimous consent that Representative Ogan be excused from a call of the House today at 6:30p.m. There being no objection, it was so ordered. Representative Berkowitz lifted the call. The question being: "Shall HJR 60 pass the House?" The roll was taken with the following result: HJR 60 Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Bunde, Croft Excused: Joule, Kookesh, Ogan Absent: Dyson And so, HJR 60 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 2000-04-10 House Journal Page 2988 Honoring - Lynda Crow, 2000 Employee of the Year By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Rokeberg, Smalley, Therriault, Williams; Senator Lincoln Honoring - Donna Galbreath, M.D., 2000 Employee of the Year By Representatives Morgan, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Rokeberg, Smalley, Therriault, Williams; Senator Lincoln Honoring - Juneau-Douglas High School Girls Fastpitch Softball Team By Representatives Hudson, Kerttula, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Green, Grussendorf, Halcro, Harris, James, Joule, Kemplen, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams; Senator Elton Honoring - Ninilchik Wolverines Girls Basketball Team, 1999-2000 Class 2A State Champions By Senator Torgerson; Representatives Phillips, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg Smalley, Therriault, Williams Commemorating - National Correctional Officers' Week, May 7-13, 2000 By Senator Torgerson; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams 2000-04-10 House Journal Page 2989 In Memoriam - John W. Rademacher By Representative Rokeberg; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Smalley, Therriault, Williams In Memoriam - Sally M. Vincent By Representatives Kohring, Ogan, Masek, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams; Senators Halford, Green In Memoriam - Mary Nell Pierce By Representatives Kohring, Ogan, Masek, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams; Senators Halford, Green In Memoriam - Ray B. Hulse By Representatives Kohring, Ogan, Masek, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Smalley, Therriault, Williams; Senators Halford, Green In Memoriam - Matthew Fred, Sr. By Representatives Kookesh, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Therriault, Williams In Memoriam - Florence K. Douglas By Representatives Joule, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Therriault, Williams 2000-04-10 House Journal Page 2990 In Memoriam - Brother Asaiah Bates By Senator Torgerson; Representatives Phillips, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams CONCUR IN SENATE AMENDMENTS HB 225 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1590) on the following, which was considered by the Rules Committee (page 2979): CS FOR HOUSE BILL NO. 225(JUD) "An Act relating to election campaigns and legislative ethics; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 225(JUD) am S (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 225(JUD), thus adopting SCS CSHB 225(JUD) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 225(JUD)?" The roll was taken with the following result: SCS CSHB 225(JUD) am S Concur YEAS: 0 NAYS: 35 EXCUSED: 3 ABSENT: 2 Nays: Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams 2000-04-10 House Journal Page 2991 HB 225 Excused: Joule, Kookesh, Ogan Absent: Bunde, Dyson And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 225(JUD) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Green, Chair Representative Harris Representative Croft RECONSIDERATION HJR 35 Representative Croft brought up reconsideration of the vote on HJR 35 which had been held to today (page 2945). The following was again before the House in third reading: HOUSE JOINT RESOLUTION NO. 35 Relating to requesting the United States Congress to repeal the "Brady Handgun Protection Act". The question to be reconsidered: "Shall HJR 35 pass the House?" The roll was taken with the following result: HJR 35--RECONSIDERATION Third Reading Final Passage YEAS: 20 NAYS: 14 EXCUSED: 3 ABSENT: 3 2000-04-10 House Journal Page 2992 HJR 35 Yeas: Austerman, Barnes, Brice, Coghill, Cowdery, Davis, Foster, Green, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Phillips, Rokeberg, Sanders, Therriault, Whitaker Nays: Berkowitz, Cissna, Croft, Davies, Grussendorf, Halcro, Hudson, Kapsner, Kemplen, Kerttula, Murkowski, Porter, Smalley, Williams Excused: Joule, Kookesh, Ogan Absent: Bunde, Dyson, Moses And so, lacking the necessary 21 votes, HJR 35 failed to pass the House on reconsideration and was referred to the Chief Clerk for permanent filing. UNFINISHED BUSINESS HB 270 Representatives Hudson, Bunde, and Phillips added their names as cosponsors to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270 "An Act relating to sexual assault and sexual abuse and to payment for certain examinations in cases of alleged sexual assault or sexual abuse." HB 277 Representatives Rokeberg, Cissna, and Smalley added their names as cosponsors to: CS FOR HOUSE BILL NO. 277(FIN) "An Act relating to payment of retirement benefits for certain subsequently reemployed retired members of the teachers' retirement system; and providing for an effective date." HB 372 Representatives Davies, Ogan, Kemplen, Murkowski, Smalley, James, Therriault, Croft, Cissna, and Rokeberg added their names as cosponsors to: 2000-04-10 House Journal Page 2993 HB 372 CS FOR HOUSE BILL NO. 372(FIN) "An Act relating to criminal sentencing and restitution." ENGROSSMENT HCR 22 CSHCR 22(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 60 HJR 60 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 98 CSHB 98(HES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 277 CSHB 277(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted with a letter of intent to the Senate for consideration. HB 290 CSHB 290(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 292 CSHB 292(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 398 CSHB 398(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Judiciary Committee 1:00 p.m., 4/10 meeting CONTINUED TO: 7:30 p.m., 4/10 2000-04-10 House Journal Page 2994 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 11, 2000. There being no objection, the House adjourned at 7:03 p.m. Suzi Lowell Chief Clerk