Legislature(1999 - 2000)
2000-04-28 House Journal
Full Journal pdf2000-04-28 House Journal Page 3557 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 28, 2000 One Hundred Tenth Day The House was called to order by Speaker Porter at 11:16 a.m. Roll call showed 23 members present. Representative Moses had been previously excused from a call of the House today. Representatives Berkowitz, Brice, Coghill, Davies, Kapsner, Kohring, Kookesh, Kott, Masek, Mulder, Ogan, Rokeberg, Sanders, and Therriault were absent and their presence was noted later. Representative Green 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 Cowdery - from 10:00 a.m., today to 9:30 a.m., plane time, April 29, 2000 Representative Kerttula - from 10:00 a.m. to 1:00 p.m., today The invocation was offered by the Chaplain Designee, Representative Bunde. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Oh! Almighty and Everlasting God, Creator of Heaven, Earth and the Universe: Help us to be, to think, to act what is right, because it is right: 2000-04-28 House Journal Page 3558 make us truthful, honest, and honorable in all things; make us intellectually honest for the sake of right and honor and without thought of reward to ourselves. Give us the ability to be charitable, forgiving, and patient with our fellowmen -- help us to understand their motives and their shortcomings -- even as Thou understandest ours! Amen. (A favorite prayer of President Harry Truman) The Pledge of Allegiance was led by Representative Croft. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 108th and 109th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. RECONSIDERATION SB 4 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until April 27, 2000, (page 3525) and extended until today due to cancellation of yesterday's session, be held until April 29, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 4(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date." There being no objection, it was so ordered. 2000-04-28 House Journal Page 3559 SB 177 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until April 27, 2000, (page 3525) and extended until today due to cancellation of yesterday's session, be held until April 29, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) "An Act relating to insurance trade practices; and providing for an effective date." There being no objection, it was so ordered. SB 286 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until April 27, 2000, (page 3525) and extended until today due to cancellation of yesterday's session, be held until April 29, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 286(FIN) am H "An Act relating to the duties and powers of the attorney general." There being no objection, it was so ordered. SB 289 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until April 27, 2000, (page 3526) and extended until today due to cancellation of yesterday's session, be held until April 29, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 289(FIN) "An Act relating to technical and vocational education and to employment assistance and training; and providing for an effective date." There being no objection, it was so ordered. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/28 Minority Caucus upon recess, 4/28 2000-04-28 House Journal Page 3560 The Speaker stated that, without objection, the House would recess to a call of the Chair; and so, the House recessed at 11:20 a.m. AFTER RECESS The Speaker called the House back to order at 1:43 p.m. **The presence of Representatives Coghill, Kapsner, Kohring, Masek, Rokeberg, and Therriault was noted. MESSAGES FROM THE GOVERNOR HJR 48 A message dated April 27, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 48(RLS) Relating to the free flow of people and the fair trade of goods and services across the border between the United States and Canada. Legislative Resolve No. 40 HB 435 A message dated April 27, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 435(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Chapter No. 21, SLA 2000 Effective Date: April 28, 2000 2000-04-28 House Journal Page 3561 SCR 16 A message dated April 27, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 16 Relating to Avalanche Awareness Month. Legislative Resolve No. 42 SJR 38 A message dated April 27, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 38 am H Expressing support for a cooperative United States-Canada feasibility study on extending the North American rail system through British Columbia and the Yukon Territory to Alaska. Legislative Resolve No. 41 MESSAGES FROM THE SENATE HB 344 A message dated April 27, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 344(FIN) "An Act authorizing a land exchange between the Department of Natural Resources and Alaska Hardrock, Inc.; approving a long- term lease of certain Alaska Railroad Corporation land at Healy; and providing for an effective date." CSHB 344(FIN) was referred to the Chief Clerk for enrollment. HB 218 A message dated April 27, 2000, was read stating the Senate has passed CSHB 218(FIN) with the following amendment: 2000-04-28 House Journal Page 3562 HB 218 Page 3, line 10, following "(a)", through line 14: Delete all material. Insert "A museum may acquire title to undocumented property held by a museum for seven years or longer if (1) the seven-year holding period is verified by the written records of the museum; (2) when this paragraph is applicable, the museum has notified by mail all corporations, except nonprofit corporations, created under 43 U.S.C. 1601 - 1629e (Alaska Native Claims Settlement Act) that the undocumented property appears to be a Native artifact, that the corporations are requested to view, identify, and catalog the property within one year after the notification, and that the museum may take steps to acquire title to the property after the one-year notification period and the seven-year holding period have expired without a person filing a claim with the museum that the person is the owner of the property; in this paragraph, the periods may run concurrently; and (3) during the seven-year holding period, or the longer period if expanded by the application of (2) of this subsection, a person has not filed a claim with the museum that the person is the owner of the property." Page 3, line 22, following "claim": Insert "of ownership" Page 3, line 26, following "claim": Insert "of an owner" Page 3, line 31, following "claim": Insert "of an owner" Page 4, line 3: Delete "After" Insert "In addition to any other right of reclamation the person may have under 25 U.S.C. 3001 - 3013 (Native American Graves Protection and Repatriation Act), after" Page 5, line 6, following permanent: Delete nonprofit or 2000-04-28 House Journal Page 3563 HB 218 And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 218(FIN) am S "An Act relating to property loaned to or held by museums." CSHB 218(FIN) is under Unfinished Business. **The presence of Representative Ogan was noted. HB 419 A message dated April 27, 2000, was read stating the Senate has passed CSHB 419(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 419(FIN) am S "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." CSHB 419(RLS) is under Unfinished Business. HB 253 A message dated April 27, 2000, was read stating the Senate has failed to recede from its amendment to: 2000-04-28 House Journal Page 3564 HB 253 CS FOR HOUSE BILL NO. 253(JUD) "An Act relating to a school disciplinary and safety program; and providing for an effective date." namely, SENATE CS FOR CS FOR HOUSE BILL NO. 253(HES) am S (same title) The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Miller, Chair Senator Leman Senator Elton The House members of the Conference Committee are Representatives Dyson (Chair), Green, and Croft (page 3543). SB 207 A message dated April 27, 2000, was read stating the Senate has adopted the Conference Committee report on SB 207 and HCS SB 207(RLS), thus adopting: HOUSE CS FOR SENATE BILL NO. 207(RLS) "An Act relating to the establishment and enforcement of medical support orders for children; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." **The presence of Representative Davies was noted. COMMUNICATIONS The following report was received: Dept. of Community & Economic Development Alaska Seafood Marketing Institute Annual Report Fiscal Year 1999 (as required by AS 16.51.100) 2000-04-28 House Journal Page 3565 The following audit reports were received: Division of Legislative Audit Legislative Budget and Audit Committee (as required by AS 24.20.311) Dept. of Health & Social Services Division of Family and Youth Services Follow-up Review of Select Child Protection Services Operations February 18, 2000 Dept. of Revenue Alaska Housing Finance Corporation Financial Analysis February 23, 2000 Letters of disclosure were received in accordance with AS 24.60 and will be published in House Journal Supplement No. 9 and Senate & House Joint Journal Supplement No. 16. REPORTS OF STANDING COMMITTEES HB 179 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 179 "An Act eliminating the Alaska Public Offices Commission and all campaign contribution and expenditure limits; transferring the administration of lobbying, conflict of interest, and financial disclosure statutes from the Alaska Public Offices Commission to the division of elections; relating to reporting of campaign contributions and expenditures; defining 'full disclosure,' 'purposely,' 'recklessly,' and 'resident'; amending the definition of 'contribution,' 'group,' and 'political party'; changing the residency requirements for candidates for public offices; and providing for criminal penalties for violation of these provisions." and recommends it be replaced with: 2000-04-28 House Journal Page 3566 HB 179 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 179(JUD) "An Act requiring the report of contributions to and expenditures on behalf of candidates or groups exceeding $500; requiring an individual, person, or group making contributions or expenditures exceeding $500 or an expenditure for advertising or campaign material to report the contribution or expenditure within 30 days; specifying that telephone communications intended to influence the election of a candidate or outcome of a ballot proposition or question need only be identified by the name of the candidate, group, or individual paying for the communication; and providing that nothing in AS 15.13.090 shall be construed to prohibit surveys or polls not intended to influence the election of a candidate or outcome of a ballot proposition." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): James, Rokeberg, Kott No recommendation (4): Croft, Murkowski, Green, Kerttula The following fiscal notes apply to CSSSHB 179(JUD): Fiscal note, Dept. of Administration, 4/28/00 Zero fiscal note, House State Affairs Committee, 4/26/00 SSHB 179 was referred to the Finance Committee. SB 192 The Finance Committee has considered: CS FOR SENATE BILL NO. 192(FIN) am "An Act making and amending appropriations and reappropriations; 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." and recommends it be replaced with: 2000-04-28 House Journal Page 3567 SB 192 HOUSE CS FOR CS FOR SENATE BILL NO. 192(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Mulder, Bunde, Austerman, Davis, Williams, Phillips, Foster Amend (2): Davies, Grussendorf CSSB 192(FIN) am is on today's calendar. **The presence of Representative Kookesh was noted. REPORTS OF SPECIAL COMMITTEES HB 312 The Conference Committee with limited powers of free conference considering CSHB 312(FIN) am(brf sup maj fld)(efd fld) and SCS CSHB 312(FIN) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 312 "An Act making and amending appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; 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." The report was signed by Representatives Mulder (Chair), Therriault, and Davies; and Senators Parnell (Chair), Torgerson, and Adams. The report was received in the Chief Clerk's office at 9:40 a.m., April28, 2000, and is under Unfinished Business. 2000-04-28 House Journal Page 3568 HB 313 The Conference Committee with limited powers of free conference considering CSHB 313(FIN) am and SCS CSHB 313(FIN) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 313 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." The report was signed by Representatives Mulder (Chair), Therriault, and Davies; and Senators Parnell (Chair), Torgerson, and Adams. The report was received in the Chief Clerk's office at 9:40 a.m., April28, 2000, and is under Unfinished Business. **The presence of Representatives Kott, Mulder, and Sanders was noted. SB 207 The Conference Committee considering SB 207 and HCS SB 207(RLS) recommends the following be adopted: HOUSE CS FOR SENATE BILL NO. 207(RLS) "An Act relating to the establishment and enforcement of medical support orders for children; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." The report was signed by Representatives Dyson (Chair), Whitaker, and Brice; and Senators Green (Chair), Taylor, and Elton. The following fiscal note applies: Senate zero fiscal note, Dept. of Revenue, 1/20/00 Representative Green moved that the House adopt the Conference Committee report, thus adopting HCS SB 207(RLS), and recommended that the members vote yes. Representative Croft placed a call of the House. 2000-04-28 House Journal Page 3569 SB 207 **The presence of Representatives Berkowitz and Kerttula was noted. Representative Croft lifted the call. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: HCS SB 207(RLS) Adopt Conference Committee Report YEAS: 33 NAYS: 0 EXCUSED: 2 ABSENT: 5 Yeas: Austerman, Barnes, Bunde, Cissna, Coghill, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Berkowitz, Brice, Croft, Joule, Kerttula And so, the House adopted the Conference Committee report, thus adopting: HOUSE CS FOR SENATE BILL NO. 207(RLS) "An Act relating to the establishment and enforcement of medical support orders for children; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." 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 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 change. There being no objection, it was so ordered. The Senate has adopted the Conference Committee report (page 3563). The Chief Clerk was instructed to so notify the Senate. 2000-04-28 House Journal Page 3570 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Ross Kimball Wolfe on Achieving Rank of Eagle Scout By Representative Phillips Honoring - David Cooper By Senator Leman In Memoriam - Donald E. Fritz By Representative Rokeberg; Senator Pearce In Memoriam - Tyne S. Haukebo By Representative Rokeberg; Senator Pearce The following citation was introduced and taken up later as a Special Order of Business: Honoring - Father Francis McGuigan By Representative Whitaker INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 28 HOUSE CONCURRENT RESOLUTION NO. 28 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. 273, regarding oil discharge prevention, and relating to contingency plans and proof of financial responsibility for all self-propelled nontank vessels exceeding 400 gross registered tonnage and for 2000-04-28 House Journal Page 3571 HCR 28 railroad tank cars; authorizing inspection of nontank vessels and trains; and providing for an effective date. was read the first time. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 192 The following was read the second time: CS FOR SENATE BILL NO. 192(FIN) am "An Act making and amending appropriations and reappropriations; 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." with the: Journal Page FIN RPT HCS(FIN) 8DP 2AM 3566 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. 192(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Brice, Berkowitz, Kerttula, Kemplen, Sanders, Joule, Smalley, Croft, Davies, and Cissna: Page 94, following line 5: Insert a new bill section to read: "* Sec. 67. SALARY AND BENEFIT ADJUSTMENTS. (a) Subject to (l) of this section, the sum of $9,426,300 is appropriated 2000-04-28 House Journal Page 3572 SB 192 from the funding sources listed in (c) of this section to the University of Alaska for the fiscal year ending June 30, 2001, in the amounts listed in (b) of this section for salary and benefit adjustments for university employees who are not members of a collective bargaining unit and to implement the monetary terms of the collective bargaining agreements of the (1) University of Alaska Classified Employees Association; (2) Alaska Community Colleges' Federation of Teachers; (3) United Academics; (4) United Academics - Adjuncts. (b) Subject to (l) of this section, funding for each of the following collective bargaining agreements and for non-represented employees, in the amounts shown, is included in the appropriation made in (a) of this section: COLLECTIVE BARGAINING AGREEMENT AMOUNT AND NON-REPRESENTED EMPLOYEES (1) University of Alaska Classified $ 429,500 Employees Association (2) Alaska Community Colleges' 164,300 Federation of Teachers (3) United Academics 1,259,800 (4) United Academics - Adjuncts 246,300 (5) Non-represented employees 7,326,400 (c) The appropriation made in (a) of this section is made from the following funding sources: FUNDING SOURCE AMOUNT General fund $ 8,161,100 University receipts 939,400 Federal funds 226,300 Auxiliary receipts 99,500 (d) The appropriation made in (a) of this section to the University of Alaska includes any increase or decrease caused by changes to the public employees' retirement system or teachers' retirement system contribution rate. (e) LEGISLATIVE INTENT. It is the intent of the legislature that part of the appropriation in (a) of this section be used to provide lump sum payments of up to $1,200, prorated at $50 for each pay period that the employee was in pay status in fiscal year 2000, but reduced by amounts necessary to pay mandatory employee and employer deductions, for employees of the University of Alaska who 2000-04-28 House Journal Page 3573 SB 192 are not members of a collective bargaining unit established under AS23.40.070 - 23.40.260 (Public Employment Relations Act), and who are employed and in pay status on July 1, 2000. (f) Subject to (l) of this section, the sum of $22,947,300 is appropriated from the sources listed in (h) of this section to the Office of the Governor, office of management and budget, for the fiscal year ending June 30, 2001, for salary and benefit adjustments for executive branch employees who are not members of a collective bargaining unit and to implement the monetary terms of the following collective bargaining agreements in the amounts listed: COLLECTIVE BARGAINING AGREEMENT AMOUNT AND NON-REPRESENTED EMPLOYEES (1) Alaska Public Employees Association, $ 2,616,200 for the Supervisory Unit (2) Alaska State Employees Association, 11,936,800 for the General Government Unit (3) Alaska Vocational Technical Center 66,200 Teachers Association, representing teachers at the Alaska Vocational Technical Center (4) Alyeska Correspondence School Education 56,000 Association, representing teachers at the Alyeska Central School (5) Confidential Employees Association 344,200 (6) Inlandboatmen's Union of the Pacific, 1,127,500 representing the unlicensed marine unit (7) International Organization of Masters, Mates, 145,800 and Pilots, Pacific Maritime Region, for the Masters, Mates, and Pilots Unit (8) Marine Engineers Beneficial Association, 175,000 representing licensed engineers employed by the Alaska marine highway system (9) Public Employees Local 71, for the Labor, 2,092,600 Trades and Crafts Unit (10) Public Safety Employees Association, 1,139,000 for the Correctional Officers Unit (11) Public Safety Employees Association, 607,100 representing state troopers and other commissioned law enforcement personnel 2000-04-28 House Journal Page 3574 SB 192 (12) Teachers' Education Association of 29,300 Mt. Edgecumbe, representing teachers of the Mt. Edgecumbe High School (13) Non-represented employees 2,611,600 (g) The sum of $980,200 is appropriated from the general fund to the Alaska marine highway system fund (AS 19.65.060(a)). (h) The appropriation made in (f) of this section is allocated to the following agencies from the following funding sources in the amounts listed: AGENCY ALLOCATION Administration $2,158,000 Community and Economic Development 726,500 Corrections 2,060,000 Education and Early Development 754,400 Environmental Conservation 749,100 Fish and Game 1,847,100 Office of the Governor 295,000 Health and Social Services 3,457,100 Labor and Workforce Development 1,331,300 Law 706,300 Military and Veterans' Affairs 350,400 Natural Resources 1,021,000 Public Safety 1,125,000 Revenue 1,289,900 Transportation and Public Facilities 5,076,200 FUNDING SOURCE AMOUNT Federal receipts $3,536,100 General fund match 681,800 General fund receipts 6,817,000 General fund program receipts 1,013,000 Interagency receipts 1,725,700 Donated commodity handling fee account 2,500 Federal incentive payments 52,700 Benefit system receipts 46,300 Exxon Valdez oil spill settlement 42,500 Agricultural loan fund 27,500 FICA administration fund account 2,800 Fish and game fund 388,100 Science and technology endowment income 18,500 Highway working capital fund 275,000 2000-04-28 House Journal Page 3575 SB 192 International airports revenue fund 629,900 Public employees' retirement fund 75,400 Second injury fund reserve account 4,700 Disabled fisherman's reserve account 5,600 Surplus property revolving fund 6,200 Teachers' retirement system fund 31,600 Veterans' revolving loan fund 2,900 Commercial fishing loan fund 52,100 General fund/mental health 593,200 Real estate surety fund 2,900 National guard retirement system 1,500 Training and building fund 9,100 Permanent fund dividend fund 90,900 Rural development initiative fund 1,800 Oil/hazardous prevention/response 178,200 Investment loss trust fund 1,960,400 Interagency receipts/oil and hazardous waste 18,500 Capital improvement project receipts 1,626,000 Public school fund 400 Fisheries enhancement revolving loan fund 7,500 Alternative energy revolving loan fund 3,000 Alaska clean water loan fund 6,100 Marine highway system fund 1,633,600 Storage tank assistance fund 14,800 Information services fund 196,700 Mental health trust authority authorized receipts 61,800 Clean air protection fund 43,000 Mental health trust administration 11,200 Children's trust fund earnings 300 Alaska drinking water fund 7,000 Alaska Industrial Development 52,200 and Export Authority receipts Alaska Housing Finance Corporation receipts 222,000 Alaska Municipal Bond Bank receipts 1,300 Alaska Permanent Fund corporate receipts 78,500 Postsecondary education commission receipts 158,800 Designated program receipts 295,700 Test fisheries receipts 67,800 International trade and business endowment income 4,300 Pioneers' homes receipts 55,900 2000-04-28 House Journal Page 3576 SB 192 Indirect cost reimbursement 20,200 Regulatory Commission of Alaska receipts 81,300 Public building fund 3,500 (i) LEGISLATIVE INTENT. It is the intent of the legislature that part of the appropriation in (f) of this section be used to provide lump sum payments of up to $1,200, prorated at $50 for each pay period that the employee was in pay status in fiscal year 2000, but reduced by amounts necessary to pay mandatory employee and employer deductions, for (1) classified and partially exempt employees in the executive branch of the state government who are not members of a collective bargaining unit established under the authority of AS23.40.070 - 23.40.260 (Public Employment Relations Act), employed and in pay status on July 1, 2000; (2) the governor and the lieutenant governor, employed and in pay status on July 1, 2000; and (3) permanent and temporary employees in the executive branch of the state government, other than the governor and lieutenant governor, who are in the exempt service under AS39.25, not members of a collective bargaining unit established under AS23.40.070 - 23.40.260 (Public Employment Relations Act), and employed and in pay status on July1, 2000. (j) The following amounts are appropriated to the Alaska Court System and the legislature for the fiscal year ending June 30, 2001, from the following funding sources in the amounts listed for salary and benefit adjustments for employees of those agencies who are not members of a collective bargaining unit: AGENCY APPROPRIATION AMOUNT Alaska Court System $1,154,500 Legislature 634,000 FUNDING SOURCE AMOUNT General fund receipts $1,417,300 Investment loss trust fund 371,200 (k) LEGISLATIVE INTENT. It is the intent of the legislature that part of the appropriation in (j) of this section be used to provide lump sum payments of up to $1,200, prorated at $50 for each pay period that the employee was in pay status in fiscal year 2000, but reduced by amounts necessary to pay mandatory employee and employer deductions, for 2000-04-28 House Journal Page 3577 SB 192 (1) employees of the legislature under AS24.10 and AS24.20, employed and in pay status on July1, 2000, excluding members of the legislature; (2) employees of the legislature who would otherwise be entitled to payment under (1) of this subsection but who are not employed or in pay status on July1, 2000, because their employment was limited to the legislative session; (3) justices of the state supreme court, judges of the state court of appeals, state superior court judges, state district court judges, and state magistrates, employed and in pay status on July 1, 2000; and (4) permanent and temporary employees in the judicial branch of the state government, other than magistrates and judicial officers, who are not members of a collective bargaining unit established under AS23.40.070 - 23.40.260 (Public Employment Relations Act), and are employed and in pay status on July 1, 2000. (l) If a collective bargaining agreement listed in (a) or (f) of this section is not ratified by the membership of the appropriate collective bargaining unit, the appropriation made in (a) or (f) of this section is reduced by the amount listed for that collective bargaining agreement." Renumber the following bill sections accordingly. Page 94, line 8: Delete "and 44(a)" Insert "44(a), and 67" Page 94, line 18: Delete "sec. 69" Insert "sec. 70" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Representative Grussendorf placed a call of the House. Representative Croft moved and asked unanimous consent to withdraw his previous motion. There being no objection, it was so ordered. 2000-04-28 House Journal Page 3578 SB 192 Representative Grussendorf lifted the call. Amendment No. 2 was offered by Representative Cissna: Page 80, line 18: Delete "$200,000" Insert "$679,000" Representative Cissna moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) Second Reading Amendment No. 2 YEAS: 11 NAYS: 26 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice And so, Amendment No. 2 was not adopted. 2000-04-28 House Journal Page 3579 SB 192 Amendment No. 3 was offered by Representative Croft: Page 20, following line 25, insert: "Appropriation General Other Allocations Items Funds Funds Statewide Facility Maintenance and Operations 17,534,000 14,955,600 2,578,400 ¦14,519,600á ¦3,014,400á Central Region Highways and Aviation 28,823,100 26,225,800 2,597,300 ¦26,160,800á ¦2,662,300á Whittier Access and Tunnel 450,000 100,000 350,000 ¦0.0á ¦450,000á Northern Region Highways and Aviation 37,240,200 36,241,300 998,900 ¦35,773,400á ¦1,466,800á State Highways and Aviation Maintenance Needs ¦971.4á HWCF State Highways and Aviation Maintenance Needs 971.4 GF Central Highways and Aviation ¦528.6á HWCF Central Highways and Aviation 528.6 GF Department of Transportation & Public Facilities General Fund Receipts 95,665,800 ¦94,550,400á" Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Mulder objected. 2000-04-28 House Journal Page 3580 SB 192 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) Second Reading Amendment No. 3 YEAS: 11 NAYS: 25 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Dyson And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Berkowitz: "School Construction Projects Bering Strait Golovin School Phase III 9,609,516 Southwest Region Togiak School Replacement 25,027,049 Bering Strait Koyuk K-12 School 600,737 Yupiit Akiachak Elementary Replacement And Secondary Renovation 14,370,287 Subtotal School Construction 49,607,589 Major Maintenance Projects Yukon-Koyukuk Nulato Structural Repairs 400,724 2000-04-28 House Journal Page 3581 SB 192 Bering Strait Shishmaref School Roof Replacement And Renovation, Phase III 8,133,754 Chatham Angoon Elementary School Major Maintenance 126,846 Wrangell City Wrangell Elementary And High School Structural Repairs 363,650 Wrangell City Elementary and Middle School Renovation 1,229,000 Ketchikan Schoenbar Renovation, Phase I 2,219,785 Wrangell City Middle School Shop Renovation 168,518 Hoonah City Swimming Pool Sprinkler 212,458 North Slope Bor. Tikigaq School Renovation 3,713,270 Tanana City Tanana Kitchen Renovation 426,180 Chatham Angoon High School Major Maintenance 1,687,794 Iditarod Area Takotna Community School Water Project 179,512 Iditarod Area Blackwell School Heating Renovation & Site Repair 280,011 Wrangell City Elementary & High Schools Roof & Exterior Repairs 103,760 Galena Project Education Food Service Renovation 159,088 Delta/Greely Fort Greely Utility Conversion 1,996,941 Sitka City Bor. Blatchley Middle School Exterior Upgrade 317,638 Southwest Region Clark's Point Generator Building 36,302 Yakutat City Yakutat High School Gym Structural Repairs 86,936 Dillingham City Elementary School Weatherization 146,860 Yupiit Akiak High School Repairs 329,954 Nenana City Elementary Wing Sprinkler Expansion 106,334 Juneau City Bor. High School Renovation 9,097,138 Alaska Gateway Tok Multipurpose Recreation Complex Renovation 969,494 Southwest Region Koliganek School Weather Protection 379,555 Galena High School Repairs 128,662 Hoonah City Hoonah Schools Renovation 1,223,725 2000-04-28 House Journal Page 3582 SB 192 Lower Yukon Alakanuk Mechanical System Upgrade 997,557 Kuspuk George Morgan Sr. High School Sewage System Replacement 411,975 Lower Yukon Emmonak Mechanical System Upgrade 715,772 Iditarod Area David-Louis Memorial School Asbestos Abatement & Demolition 417,246 Denali Borough Cantwell School Heating And Sprinkler System 668,126 Hydaburg City Upgrading Facilities & Tanks Project 899,948 Lower Kuskokwim Districtwide Water Treatment, Subsurface Sources 1,470,000 Denali Borough Cantwell School Code Upgrade & Roof Repair 334,468 Dillingham City Central Administration Roof 50,250 Kenai Peninsula Soldotna High School Roofing Replacement 644,014 Tanana City Tanana School Major Maintenance 2,976,374 Yakutat City Yakutat High School Renovation 143,906 Chugach Whittier Fire Alarm Replacement 40,431 Iditarod Area Innoko River School Water & Sewer Emergency 190,407 Denali Borough Anderson School Heating & Ventilation 1,164,266 Alaska Gateway Tetlin Sewer Line 85,031 Dillingham City High School Fire Panel Replacement 64,623 Dillingham City High School Gym Roof 158,151 Kuspuk Crow Village Sam School Sewage System Replacement, Chuathbaluk 349,272 Kake City Kake Middle School Renovation & Generator Installation 300,075 Iditarod Area Innoko River School Vocational Education Code Upgrade 73,821 Dillingham City Elementary Gym Floor 51,562 Copper River Glennallen High School Gym Floor Renovation 183,544 2000-04-28 House Journal Page 3583 SB 192 Chugach Tatitlek Fire Alarm Replacement & Security System 35,471 Kuspuk Johnnie John Sr. School Sewage System Replacement, Crooked Creek 356,257 Iditarod Area McGrath School Foundation & Deterioration Repairs 188,835 Sitka City Borough Districtwide Major Maintenance 482,058 Chugach Districtwide Fuel Tank Upgrades 227,642 Galena High School Floor Renovation 128,786 Hoonah City Hoonah Pool Upgrades 167,394 Chugach Tatitlek Generator Replacement 197,122 Lower Kuskokwim Kilbuck School Boiler Replacement 287,041 Yukon Flats Chalkyitsik Sewage Lagoon & Water Tank 780,341 Lower Kuskokwim Districtwide Asbestos Abatement 4,865,404 Iditarod Area McGrath School Heating & Mechanical Design & Renovation 244,373 Lower Kuskokwim Districtwide ADA Upgrade 2,203,040 Iditarod Area Holy Cross School Shower, Bathroom & Flooring Deterioration 49,384 Yukon Flats Fort Yukon High School Gym Sprinklers 115,353 Dillingham City Oil Tank Removal/Replacement 51,562 Subtotal Major Maintenance 59,090,596 Total School Construction/Major Maintenance 108,689,185" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) Second Reading Amendment No. 4 YEAS: 11 NAYS: 25 EXCUSED: 2 ABSENT: 2 2000-04-28 House Journal Page 3584 SB 192 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Morgan And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Mulder, Therriault, and Davies: Page 94, following line 5: Insert new bill sections to read: "* Sec. 67. LEARNING OPPORTUNITY GRANTS. The unexpended and unobligated general fund balance on June 30, 2000, of the appropriation made by sec. 43, ch. 84, SLA 1999, page 23, line 30 (K-12 Support - $762,280,800), not to exceed $400,000, is appropriated to the Department of Education and Early Development for the fiscal year ending June 30, 2001, for payment as learning opportunity grants to school districts based on the school districts average daily membership to pay for supplemental student instructional programs intended to improve student performance on the high school graduation examination or benchmark examinations. * Sec. 68. EDUCATIONAL COSTS FOR CHILDREN IN OUT- OF-STATE RESIDENTIAL TREATMENT PROGRAMS. The unexpended and unobligated general fund balance on June 30, 2000, of the appropriation made by sec. 43, ch. 84, SLA 1999, page 23, line 30 (K-12 Support - $762,280,800), not to exceed $600,000, is reappropriated to the Department of Education and Early Development for the fiscal year ending June 30, 2000, for educational costs for children placed in out-of-state residential treatment programs. 2000-04-28 House Journal Page 3585 SB 192 * Sec. 69. PUPIL TRANSPORTATION. The unexpended and unobligated general fund balance on June 30, 2000, of the appropriation made by sec. 43, ch. 84, SLA 1999, page 23, line 30 (K- 12 Support - $762,280,800), not to exceed $327,000, is appropriated to the Department of Education and Early Development for the fiscal year ending June 30, 2001, for pupil transportation." Renumber the following bill sections accordingly. Page 94, line 13: Delete "51 - 66" Insert "51 - 69" Page 94, line 18: Delete "sec. 69" Insert "sec. 72" Representative Mulder moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Therriault: Page 64, lines 18 - 19: Delete "or other program receipts as defined in AS37.05.146" Insert "receipts, designated program receipts as defined under AS37.05.146(b)(3), and receipts of commercial fisheries test fishing operations under AS37.05.146(b)(4)(U)" Representative Therriault moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Croft objected and withdrew the objection. There being no further objection, Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Kookesh: Insert a new bill section to read: 2000-04-28 House Journal Page 3586 SB 192 "*Sec.__Learning Opportunity Grants. The sum of $6,430,222 is appropriated from the general fund to the Department of Education and Early Development for payment as grants to each school district in an amount equal to the school district's adjusted average daily membership multiplied by $30.60, as Learning Opportunity Grants to pay the costs of supplemental student instructional programs to improve student performance on the high school graduation examination or benchmark examinations for the fiscal year ending June30, 2001." Representative Kookesh moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 7 YEAS: 11 NAYS: 25 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Morgan And so, Amendment No. 7 was not adopted. 2000-04-28 House Journal Page 3587 SB 192 Amendment No. 8 was offered by Representative Kookesh: Section 1, Page 34, following line 21, insert project: "Alaska Marine Highway System: Sitka Shuttle Vessel $6,900,000 Federal Receipts" Representative Kookesh moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 8 YEAS: 11 NAYS: 24 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Dyson, Ogan And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Kemplen: Page 19, line 20: AHFC Low Income Weatherization 2000-04-28 House Journal Page 3588 SB 192 Under Appropriation Items: Delete "3,400,000" Insert "5,400,000" Under Other Funds: Delete "3,400,000" Insert "5,400,000" Representative Kemplen moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 9 YEAS: 12 NAYS: 23 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Dyson, Masek And so, Amendment No. 9 was not adopted. 2000-04-28 House Journal Page 3589 SB 192 Amendment No. 10 was offered by Representative Kapsner: Department of Transportation and Public Facilities Community Transportation Program Add Project: "Bethel: Ptarmigan Street Improvement 136.5 Federal Receipts" Representative Kapsner moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 10 YEAS: 11 NAYS: 24 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Dyson, Masek And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Joule: 2000-04-28 House Journal Page 3590 SB 192 Add a new bill section to read: "*Sec.__. DEPARTMENT OF HEALTH AND SOCIAL SERVICES. The sum of $700,000 is appropriated from general funds to the Department of Health and Social Services for the Infant Learning Program for the fiscal year ending June 30, 2001." Representative Joule moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 11 YEAS: 11 NAYS: 22 EXCUSED: 2 ABSENT: 5 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Coghill, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Bunde, Dyson, Kott, Sanders And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Joule: Page 68, line 21, insert a new bill section to read: "*Sec. 18. NATIONAL PETROLEUM RESERVE--ALASKA IMPACT GRANT PROGRAM. The amount received by the National Petroleum Reserve--Alaska special revenue fund (AS 37.05.530) 2000-04-28 House Journal Page 3591 SB 192 under 42 U.S.C. 6508 during the fiscal year ending June 30, 2001, is appropriated to the Department of Community and Economic Development for the fiscal year ending June 30, 2001, for grants under the National Petroleum Reserve--Alaska impact program." Renumber the following bill sections accordingly. Representative Joule moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 12 YEAS: 10 NAYS: 23 EXCUSED: 2 ABSENT: 5 Yeas: Berkowitz, Cissna, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Croft, Kohring, Ogan, Sanders And so, Amendment No. 12 was not adopted. Amendment No. 13 was not offered. Amendment No. 14 was offered by Representative Smalley: Section 1, Page 3, line 26, is amended to read: 2000-04-28 House Journal Page 3592 SB 192 "Kenai: Kenai Coastal Trail/Bluff Restoration Project (ED9)" Under Appropriation Items: Insert "450,000" Under General Funds: Insert "450,000" Renumber accordingly. Representative Smalley moved and asked unanimous consent that Amendment No. 14 be adopted. Objection was heard. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 14 YEAS: 11 NAYS: 23 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Mulder, Ogan, Sanders And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Smalley: 2000-04-28 House Journal Page 3593 SB 192 Section 1, Page 20, following line 25, insert: "Kenai: Nikiski Emergency Escape Route Rehabilitation (ED9)" Under Appropriation Items: Insert "450,000" Under General Funds: Insert "450,000" Renumber accordingly. Representative Smalley moved and asked unanimous consent that Amendment No. 15 be adopted. Objection was heard. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 15 YEAS: 11 NAYS: 23 EXCUSED: 2 ABSENT: 4 Yeas: Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Brice, Foster, Mulder, Ogan And so, Amendment No. 15 was not adopted. 2000-04-28 House Journal Page 3594 SB 192 The following letter of intent was offered by Representatives Mulder and Therriault, Co-chairs, House Finance Committee: "It is the intent of the legislature that the Council on Domestic Violence and Sexual Assault provide services to victims of domestic violence using Temporary Assistance for Needy Families (TANF) funding guidelines that exclude a financial eligibility standard. Victims of domestic violence qualify as "needy families" because mothers and children may be considered homeless as a result of domestic violence." Representative Therriault moved and asked unanimous consent that the letter of intent be adopted. There being no objection, it was so ordered. Representative Grussendorf placed a call of the House. The call was lifted. ANNOUNCEMENTS Minority Caucus upon recess, 4/28 The following meeting today has been changed as indicated: Finance Committee 9:00 a.m., 4/28 meeting CONTINUED TO: upon recess, 4/28 The Speaker stated that, without objection, the House would recess until 5:00 p.m.; and so, the House recessed at 3:55 p.m. AFTER RECESS The Speaker called the House back to order at 5:13 p.m. 2000-04-28 House Journal Page 3595 CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF SENATE BILLS SB 192 The following was again before the House: HOUSE CS FOR CS FOR SENATE BILL NO. 192(FIN) am H "An Act making and amending appropriations and reappropriations; 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." Amendment No. 1 had been previously offered and appears on page3571. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. **The presence of Representative Brice was noted. Representative Croft placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Second Reading Amendment No. 1 YEAS: 14 NAYS: 24 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Sanders, Smalley 2000-04-28 House Journal Page 3596 SB 192 Nays: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Excused: Cowdery, Moses And so, Amendment No. 1 was not adopted. Amendment No. 16 was offered by Representative Mulder: Page 76, line 14: Delete "general fund" Insert "Alaska marine highway system fund (AS 19.65.060)" Representative Mulder moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Croft objected and withdrew the objection. There being no further objection, Amendment No. 16 was adopted. Representative Green moved and asked unanimous consent that HCS CSSB 192(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Brice objected and withdrew the objection. There being no further objection, HCS CSSB 192(FIN) am H was advanced to third reading. HCS CSSB 192(FIN) am H was read the third time. The question being: "Shall HCS CSSB 192(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 2000-04-28 House Journal Page 3597 SB 192 Yeas: Austerman, Barnes, Bunde, Coghill, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Sanders, Smalley Excused: Cowdery, Moses And so, HCS CSSB 192(FIN) am H passed the House. Representative Green 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 192(FIN) am H Third Reading Effective Date YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Sanders, Smalley Excused: Cowdery, Moses And so, the effective date clause was adopted. Representative Green moved that the House adopt the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. 2000-04-28 House Journal Page 3598 SB 192 The question being: "Shall the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, be adopted?" The roll was taken with the following result: HCS CSSB 192(FIN) am H Third Reading Constitutional Budget Reserve Appropriations YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Sanders, Smalley Excused: Cowdery, Moses And so, lacking the necessary 30 votes, the constitutional budget reserve fund appropriations were not adopted and the new title appears below: HOUSE CS FOR CS FOR SENATE BILL NO. 192(FIN) am H(brf sup maj fld H) "An Act making and amending appropriations and reappropriations; and providing for an effective date." Representative Green gave notice of reconsideration of his vote on HCS CSSB 192(FIN) am H(brf sup maj fld H). 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: 2000-04-28 House Journal Page 3599 Honoring - ARCO Alaska, Inc., "Corporate Citizen Extraordinaire" By Representatives Cowdery, Phillips, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Williams Honoring - Anchorage Coalition of Community Patrols By Representatives Cissna, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams In Memoriam - John H. Savo By Representatives Moses, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams; Senator Hoffman In Memoriam - Richard B. "Rip" Collins By Representatives Cissna, Porter, Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Williams Representative Green moved and asked unanimous consent that the House revert to Reports of Standing Committees. Representative Berkowitz objected. UNFINISHED BUSINESS SENATE BILLS IN THIRD READING SB 235 Representative Green moved and asked unanimous consent that the House rescind previous action in passing (page 3321): 2000-04-28 House Journal Page 3600 SB 235 CS FOR SENATE BILL NO. 235(FIN) "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named individuals; relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSSB 235(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 Dyson: Page 4, line 8: Delete "Range 2 West, Sections 13 and 24," Insert "Range 1 West, Sections 18 and 19," Representative Dyson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Green moved and asked unanimous consent that CSSB 235(FIN) am H be held in third reading to the April 29, 2000, calendar. There being no objection, it was so ordered. 2000-04-28 House Journal Page 3601 RECONSIDERATION SJR 27 Representative Murkowski brought up reconsideration of the vote on HCS SJR 27(FIN)(fld H), which had been held until April 27, 2000, (page 3524), and extended to today due to cancellation of yesterday's session. The following was again before the House in third reading: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 27(FIN) Proposing amendments to the Constitution of the State of Alaska relating to revisions of the state constitution and providing that a court may not change language of a proposed constitutional amendment or revision. Representative Murkowski moved and asked unanimous consent that HCS SJR 27(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 Murkowski: Page 1, line 2 (title amendment): Delete "revisions of" Insert "amendments to" Page 1, line 6: Delete "and Revisions" Delete "or revisions of" Page 1, line 9: Delete "or revision" Page 1, line 11: Delete "or revision" Page 1, line 12: Delete "or revision" 2000-04-28 House Journal Page 3602 SJR 27 Page 1, lines 13 and 14: Delete "A revision proposed under this section shall be confined to one subject." Insert "An amendment is a change that is limited to one subject and may affect more than one constitutional provision." Page 2, lines 1 - 3: Delete all material and insert: "Section 5. Changing Constitutional Proposal Prohibited. A court may not alter or change the language of an amendment to this constitution proposed by the legislature, or of an amendment or revision to this constitution proposed by a constitutional convention." Representative Murkowski moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected. Amendment to Amendment No. 1 was offered by Representative Croft: Under Page 1, lines 13 and 14: Delete "is a change that" Representative Croft moved and asked unanimous consent that Amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HCS SJR 27(FIN)--RECONSIDERATION Second Reading Amendment No. 1 as amended YEAS: 22 NAYS: 11 EXCUSED: 2 ABSENT: 5 Yeas: Austerman, Bunde, Coghill, Davis, Dyson, Green, Harris, Hudson, James, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Therriault, Whitaker, Williams 2000-04-28 House Journal Page 3603 SJR 27 Nays: Berkowitz, Brice, Cissna, Croft, Davies, Joule, Kapsner, Kemplen, Kohring, Kookesh, Smalley Excused: Cowdery, Moses Absent: Barnes, Foster, Grussendorf, Halcro, Rokeberg And so, Amendment No. 1 as amended was adopted and the new title appears below: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 27(FIN) am H Proposing amendments to the Constitution of the State of Alaska relating to amendments to the state constitution and providing that a court may not change language of a proposed constitutional amendment or revision. (New title to be authorized by HCR 23.) Representative Green moved and asked unanimous consent that HCS SJR 27(FIN) am H be held in third reading to the April 29, 2000, calendar. There being no objection, it was so ordered. CONCUR IN SENATE AMENDMENTS HB 218 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 3561) on the following at this time: CS FOR HOUSE BILL NO. 218(FIN) "An Act relating to property loaned to or held by museums." and CS FOR HOUSE BILL NO. 218(FIN) am S (same title) There being no objection, it was so ordered. 2000-04-28 House Journal Page 3604 HB 218 Representative Green moved that the House concur in the Senate amendment to CSHB 218(FIN), thus adopting CSHB 218(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 218(FIN)?" The roll was taken with the following result: CSHB 218(FIN) am S Concur YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Cowdery, Moses Absent: Barnes, Joule, Rokeberg And so, the House concurred in the Senate amendment, thus adopting CSHB 218(FIN) am S. The Chief Clerk was instructed to so notify the Senate. CSHB 218(FIN) am S was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: REPORTS OF SPECIAL COMMITTEES HB 253 The Conference Committee considering: CS FOR HOUSE BILL NO. 253(JUD) "An Act relating to a school disciplinary and safety program; and providing for an effective date." and 2000-04-28 House Journal Page 3605 HB 253 SENATE CS FOR CS FOR HOUSE BILL NO. 253(HES) am S (same title) requests limited powers of free conference on the following specific point: Section 2 The request was signed by Representative Dyson (Chair). The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. SPECIAL ORDER OF BUSINESS Representative Green moved and asked unanimous consent that the notice and publication requirements be waived and the citation, Honoring - Father Francis McGuigan, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Green 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 Green 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 - Father Francis McGuigan By Representatives Whitaker, 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, Williams 2000-04-28 House Journal Page 3606 ENROLLMENT HB 130 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 11:00 a.m., April 28, 2000: SENATE CS FOR HOUSE BILL NO. 130(L&C) "An Act adding limited liability companies and limited liability partnerships to the organizations that can be authorized to practice architecture, engineering, land surveying, and landscape architecture; relating to the review of drawings and specifications for compliance with building codes; and relating to state and municipal contracts for architectural, engineering, land surveying, and landscape architectural services." HB 194 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 11:00 a.m., April 27, 2000: HOUSE BILL NO. 194 "An Act correcting, in the Alaska Disaster Act, a reference to the former oil and hazardous substance release response fund to describe that fund by its correct name." HB 204 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 11:00 a.m., April 27, 2000: CS FOR HOUSE BILL NO. 204(RES) "An Act relating to elk farming." HB 236 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 11:00 a.m., April 27, 2000: 2000-04-28 House Journal Page 3607 HB 236 HOUSE BILL NO. 236 "An Act relating to credited service in the teachers' retirement system for part-time employment." HB 265 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 11:00 a.m., April 27, 2000: HOUSE BILL NO. 265 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." HB 270 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 11:00 a.m., April 28, 2000: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 270(HES) "An Act relating to payment for certain examinations in cases of sexual assault." HB 275 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 11:00 a.m., April 28, 2000: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 275(JUD) "An Act relating to the Uniform Probate Code, including trusts and governing instruments; relating to trustees; relating to underproductive trust property; and relating to conveyances of real property and interests in real property by or to trusts." 2000-04-28 House Journal Page 3608 HB 315 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 11:00 a.m., April 27, 2000: HOUSE BILL NO. 315 "An Act relating to elimination of the Alaska Administrative Journal and instituting public notice requirements on the Alaska Online Public Notice System; amending public notice publication requirements for certain regulations; and providing for an effective date." The following memorandum, dated April 20, 2000, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in HB 315, which have been corrected in enrolling: Page 2, line 13: Delete "readopted" Insert "reenacted" Page 5, Line 26: Delete "REVISOR'S" Insert "REGULATIONS ATTORNEY'S"" HB 361 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 11:00 a.m., April 28, 2000: SENATE CS FOR CS FOR HOUSE BILL NO. 361(FIN) "An Act relating to charges for state services; requiring that fees levied by resource agencies for designated regulatory services be based on the actual and reasonable direct cost of providing the services, except in the case of certain negotiated or fixed fees; 2000-04-28 House Journal Page 3609 HB 361 relating to negotiated and fixed fees of resource agencies; relating to invoices for designated regulatory services; establishing a petition process regarding fees charged by resource agencies for regulatory services; and providing for an effective date." HB 382 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 11:00 a.m., April 28, 2000: CS FOR HOUSE BILL NO. 382(L&C) "An Act relating to the licensing of social workers and to the use of the title 'social worker' without a license; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 29, 2000. There being no objection, the House adjourned at 6:36 p.m. Suzi Lowell Chief Clerk