Legislature(1997 - 1998)
1997-04-03 House Journal
Full Journal pdf1997-04-03 House Journal Page 0917 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 3, 1997 Eighty-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:05 a.m. Roll call showed 36 members present. Representative Masek was excused due to illness. Representative Therriault was absent and his presence was noted later. Representative Kookesh was excused through 1:45 p.m., plane time, today and his presence was noted later. Representative James was excused through 5:00 p.m., plane time, today and her presence was noted later. The invocation was sung by the chorale group ARISE from the Church of the Nazarene. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: We Will Glorify We will Glorify the King of Kings. We will Glorify the Lamb. We will Glorify the Lord of Lords Who is the Great I Am. Lord Jehovah reigns in majesty. We will bow before His throne. We will worship Him in righteousness. We will worship Him alone. He is Lord of Heaven, Lord of Earth He is Lord of all who live, He is Lord above the universe. All praise to Him we give. 1997-04-03 House Journal Page 0918 Oh Hallelujah to the King of Kings. Hallelujah to the Lamb! Hallelujah to the Lord of Lords Who is the Great I Am! We will Glorify the King of Kings. We will Glorify the Lamb. We will Glorify the Lord of Lords Who is the Great I Am. Amen. The Pledge of Allegiance was led by Representative Hodgins. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 80th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 101 A message dated April 1, 1997, 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: SENATE CS FOR CS FOR HOUSE BILL NO. 101(JUD) An Act relating to certain irrevocable transfers in trust, to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests; and providing for an effective date. Chapter No. 6, SLA 1997 Effective Date: April 2, 1997 SB 10 A message dated April 2, 1997, 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: 1997-04-03 House Journal Page 0919 SB 10 SENATE BILL NO. 10 An Act naming Mountain View Road in Gustavus. Chapter No. 7, SLA 1997 Effective Date: July 1, 1997 MESSAGES FROM THE SENATE HB 69 A message dated April 2, 1997, was read stating the Senate has passed: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 69 An Act relating to designating flunitrazepam as a schedule IVA controlled substance; and providing for an effective date. SSHB 69 was referred to the Chief Clerk for enrollment. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 2, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 35 CS FOR SENATE BILL NO. 35(FIN) by the Senate Finance Committee, entitled: An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; requiring legislative approval before certain land managed under AS 41.21 may be closed or have access restricted; relating to Chilkat State Park. was read the first time and referred to the Resources and Finance Committees. 1997-04-03 House Journal Page 0920 SB 137 SENATE BILL NO. 137 by Senators Leman, Miller, Taylor, Pearce and Mackie, entitled: An Act exempting certain volunteer emergency medical technicians and volunteer fire fighters from state wage and hour laws; and providing for an effective date. was read the first time and referred to the Labor & Commerce Committee. REPORTS OF STANDING COMMITTEES HJR 33 The Transportation Committee has considered:: HOUSE JOINT RESOLUTION NO. 33 Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) (same title) The report was signed by Representative Masek, Vice-chair, with the following individual recommendations: Do pass (5): Elton, Kookesh, Sanders, Cowdery, Masek The following fiscal note applies to CSHJR 33(TRA): Zero fiscal note, House Transportation Committee/Dept. of Transportation & Public Facilities, 4/3/97 HJR 33 was referred to the Rules Committee for placement on the calendar. 1997-04-03 House Journal Page 0921 HB 181 The State Affairs Committee has considered: HOUSE BILL NO. 181 An Act relating to separate segregated funds for certain political contributions from corporations and labor organizations. and recommends it be replaced with: CS FOR HOUSE BILL NO. 181(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Hodgins, Dyson, Vezey, Ivan The following fiscal note applies to CSHB 181(STA): Fiscal note, Dept. of Administration, 4/3/97 HB 181 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - United States Coast Guard Air Station Kodiak 50th Anniversary By Representative Austerman; Senator Mackie Honoring - Alex Samuelson By Representative Moses Honoring - Fairbanks Resource Agency 30th Anniversary By Representative Brice In Memoriam - Dr. Lawrence Dunlap By Representative Brice 1997-04-03 House Journal Page 0922 and Honoring - Laborers' Union Local 341 50th Anniversary By Senator Donley which was taken up later as a Special Order of Business. **The presence of Representative Therriault was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 26 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 26 by Representative Masek: Proposing an amendment to the Constitution of the State of Alaska relating to the preferred use of fish, wildlife and other replenishable resources. was read the first time and referred to the House Special Committee on Fisheries, the Resources and Judiciary Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 189 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189 by Representative Cowdery, entitled: An Act relating to sale of tobacco and tobacco products; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 225 HOUSE BILL NO. 225 by Representative Hudson, entitled: 1997-04-03 House Journal Page 0923 HB 225 An Act relating to legislative approval of the terms of state employee collective bargaining agreements. was read the first time and referred to the Labor & Commerce and Finance Committees. HB 226 HOUSE BILL NO. 226 by Representative Hudson, entitled: An Act relating to the retirement incentive program for state employees; and providing for an effective date. was read the first time and referred to the Finance Committee. HB 227 HOUSE BILL NO. 227 by Representatives Phillips and Cowdery, entitled: An Act relating to the Alaska Capital Improvement Project Authority; relating to the powers and duties of the Department of Transportation and Public Facilities; and providing for an effective date. was read the first time and referred to the Transportation Committee. HB 228 HOUSE BILL NO. 228 by Representative James, entitled: An Act relating to the Board of Agriculture, to the Agriculture Development Corporation, to the Agricultural Revolving Loan Fund Board, and to the disposal of state agricultural land; and providing for an effective date. was read the first time and referred to the State Affairs and Resources Committees. 1997-04-03 House Journal Page 0924 CONSIDERATION OF THE DAILY CALENDAR HB 51 Representative Porter moved and asked unanimous consent that the House move down the calendar to HB 51. There being no objection, it was so ordered. HOUSE BILLS IN THIRD READING HB 51 The following, which had been held on reconsideration until today's calendar (page 913), was again before the House in third reading: CS FOR HOUSE BILL NO. 51(RLS) am An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date. The question to be reconsidered: Shall CSHB 51(RLS) am pass the House? The roll was taken with the following result: CSHB 51(RLS) am--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 11 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia, Williams Excused: James, Kookesh, Masek And so, CSHB 51(RLS) am passed the House on reconsideration. Representative Porter placed a call of the House and lifted the call. 1997-04-03 House Journal Page 0925 HB 51 Representative Porter moved the court rule changes. Representative Porter placed a call of the House. The call was satisfied. The question being: Shall the court rule changes be adopted? The roll was taken with the following result: CSHB 51(RLS) am--RECONSIDERATION Third Reading Court Rule YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Excused: James, Kookesh, Masek And so, the court rule changes were adopted. Representative Porter moved and asked unanimous consent that the roll call on the court rule changes be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 51(RLS) am was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE BILLS HB 76 The following was read the second time: HOUSE BILL NO. 76 An Act making appropriations for the operating expenses of the state's integrated comprehensive mental health program; and providing for an effective date. 1997-04-03 House Journal Page 0926 HB 76 with the: Journal Page FIN RPT CS(FIN) NT 8DP 2NR 881 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 76(FIN) 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. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB76(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Elton objected. The Speaker stated that CSHB 76(FIN) will be in third reading on the April 4, 1997, calendar. HB 75 The following was read the second time: HOUSE BILL NO. 75 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date. with the: Journal Page FIN RPT CS(FIN) NT 8DP 2AM 881 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 75(FIN) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to 1997-04-03 House Journal Page 0927 HB 75 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. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Elton: Page 9, line 27, through page 10, line 16: Delete all material and insert: * Sec. 33. The sum of $12,730,900 is appropriated to the Office of the Governor, office of management and budget, for the fiscal year ending June 30, 1998, for payment of pay increases for state employees who are covered by collective bargaining agreements, for salary increases under AS 39.27.011(f), and for increases for certain other state employees under secs. 36, 37, 38(b), and 41, ch. 4, FSSLA 1996, from the following funding sources in the amounts listed and to be allocated to the following state agencies in the amounts listed: FUNDING SOURCE AMOUNT Federal receipts $1,503,000 General fund match 352,000 General fund 6,533,300 General fund program receipts 457,700 Inter-agency receipts 656,800 Alaska advance college tuition payment fund 100 Donated commodities handling fee account 1,600 Federal incentive payments 25,900 Benefit system receipts 17,300 Exxon Valdez oil spill settlement 54,300 Agricultural loan fund 17,200 FICA administration fund account 900 Fish and game fund 162,100 Science and technology endowment 12,500 Highway working capital fund 167,500 International airport revenue fund 360,100 Public employees retirement fund 23,400 Second injury fund reserve account 2,000 Disabled fishermans reserve account 1,900 1997-04-03 House Journal Page 0928 HB 75 Surplus property revolving fund 3,000 Teachers' retirement system fund 20,400 Veterans revolving loan fund 1,800 Commercial fishing loan fund 18,500 Real estate surety fund 1,000 Judicial retirement system 300 Public Law 81-874 1,200 National guard retirement system 200 Student revolving loan fund 100 Training and building fund 8,300 Permanent fund dividend fund 42,900 Oil/hazardous prevention/response 92,100 Investment loss trust fund 100 Interagency receipts/oil and hazardous waste 8,600 Capital improvement project receipts 964,900 Power project fund 3,500 Public school fund 100 Mining revolving loan fund 100 Child care facility revolving loan fund 100 Fisheries enhancement revolving loan fund 1,600 Alternative energy revolving loan fund 2,300 Bulk fuel revolving loan fund 700 Alaska clean water loan fund 3,100 Marine highway system fund 634,500 Gifts/grants/bequests 4,700 Storage tank assistance fund 11,700 Information services fund 127,700 General fund designated receipts 181,300 Clean air protection fund 10,900 AIDEA corporate receipts 27,900 AHFC corporate receipts 106,100 Municipal bond bank corporate receipts 2,000 Permanent fund corporation receipts 33,000 Postsecondary education commission receipts 62,400 Alaska Energy Authority corporate receipts 4,200 AGENCY ALLOCATION Administration 905,500 Commerce and Economic Development 269,900 Community and Regional Affairs 139,300 1997-04-03 House Journal Page 0929 HB 75 Corrections 1,055,400 Education 353,500 Environmental Conservation 375,600 Fish and Game 886,700 Office of the Governor 170,700 Health and Social Services 1,493,000 Labor 505,600 Law 405,900 Military and Veterans Affairs 119,600 Natural Resources 522,200 Public Safety 710,900 Revenue 592,600 Transportation and Public Facilities 3,126,300 University of Alaska 230,200 Alaska Court System 580,500 Legislature 287,500 Renumber the following bill sections accordingly. Page 10, following line 21: Adjust internal reference to SECTION 36 accordingly. Page 44, line 25: Delete Sec. 37 Insert sec. 36 Representative Elton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. Representative Porter rose to a point of order regarding impugning the motives of members of the body. The Speaker ruled the member out of order. Representative Hanley declared a conflict of interest. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1997-04-03 House Journal Page 0930 HB 75 CSHB 75(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 24 EXCUSED: 3 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Moses, Nicholia, Sanders Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: James, Kookesh, Masek Austerman changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Grussendorf: Page 14, line 27: Under Appropriation Items: Delete 35,504,900 Insert 35,604,900 Under General Funds: Delete 11,438,600 Insert 11,538,600 Page 14, line 30: Under Allocations: Delete 877,200 Insert 927,200 Page 15, line 3: Under Allocations: Delete 2,189,400 Insert 2,239,400 1997-04-03 House Journal Page 0931 HB 75 Representative Grussendorf moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Davis objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 2 YEAS: 10 NAYS: 23 EXCUSED: 3 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: James, Kookesh, Masek Absent: Hudson, Martin, Moses, Sanders And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 16, line 21: Under Appropriation Items: Delete 4,580,900 Insert 4,847,600 Under General Funds: Delete 4,580,900 Insert 4,847,600 Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. 1997-04-03 House Journal Page 0932 HB 75 Representative Kohring objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 3 YEAS: 10 NAYS: 26 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Kookesh, Masek Absent: Moses And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 16, line 17: Under Appropriation Items: Delete 4,756,100 Insert 5,136,100 Under General Fund: Delete 4,221,700 Insert 4,601,700 Page 16, line 18: Under Allocations: Delete 2,482,700 Insert 2,662,700 1997-04-03 House Journal Page 0933 HB 75 Page 16, line 19: Under Allocations: Delete 2,273,400 Insert 2,473,400 Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 4 YEAS: 10 NAYS: 26 EXCUSED: 3 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Kookesh, Masek Absent: Moses And so, Amendment No. 4 was not adopted. The Speaker stated that, without objection, the House would recess to 1:45 p.m.; and so, the House recessed at 1:17 p.m. AFTER RECESS The Speaker called the House back to order at 2:05 p.m. 1997-04-03 House Journal Page 0934 **The presence of Representative Kookesh was noted. SECOND READING OF HOUSE BILLS (Continued) HB 75 Amendment No. 5 was offered by Representative Grussendorf: Page 16, line 13: Under Appropriation Items: Delete 1,693,200 Insert 1,778,000 Under General Funds: Delete 1,119,000 Insert 1,189,800 Under Other Funds: Delete 574,200 Insert 588,200 Page 16, line 15: Under Allocations: Delete 505,700 Insert 590,500 Representative Grussendorf moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Barnes objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 5 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-04-03 House Journal Page 0935 HB 75 Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Masek And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Nicholia: Page 24, line 22: Under Appropriation Items: Delete 2,197,300 Insert 2,312,300 Under General Funds: Delete 464,400 Insert 464,515 Page 24, line 23: Under Allocations: Delete 315,800 Insert 430,800 Representative Nicholia moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 6 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1997-04-03 House Journal Page 0936 HB 75 Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Masek And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Kemplen: Page 27, line 14: Under Appropriation Items: Delete 48,748,700 Insert 50,748,700 Under General Funds: Delete 21,584,800 Insert 23,584,800 Page 27, line 23: Under Allocations: Delete 6,468,200 Insert 8,468,200 Representative Kemplen moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Hanley objected. Representative Barnes rose to a point of order, citing Section 121 of Mason's Manual. The Speaker stated that the point was well taken and cautioned the member to confine remarks to the amendment. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: 1997-04-03 House Journal Page 0937 HB 75 CSHB 75(FIN) Second Reading Amendment No. 7 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Masek And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Nicholia: Page 17, line 25: Under Appropriation Items: Delete 25,355,600 Insert 26,063,100 Under General Funds: Delete 19,169,500 Insert 19,877,000 Page 17, line 26: Under Allocations: Delete 3,803,900 Insert 4,511,400 Representative Nicholia moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: 1997-04-03 House Journal Page 0938 HB 75 CSHB 75(FIN) Second Reading Amendment No. 8 YEAS: 12 NAYS: 25 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: James, Masek Absent: Vezey And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Brice: Page 25, line 29: Under Appropriation Items: Delete 187,918,800 Insert 188,418,800 Under General Funds: Delete 93,285,600 Insert 93,785,600 Page 26, line 3: Under Allocations: Delete 541,900 Insert 1,041,900 Representative Brice moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Hanley objected. 1997-04-03 House Journal Page 0939 HB 75 The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 9 YEAS: 11 NAYS: 25 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: James, Masek Absent: Joule, Williams And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Kemplen: Page 14, line 11: Under Appropriation Items: Delete 46,085,600 Insert 46,135,600 Under General Funds: Delete 38,125,800 Insert 38,175,800 Page 14, line 19: Under Allocations: Delete 4,346,600 Insert 4,396,600 Representative Kemplen moved and asked unanimous consent that Amendment No. 10 be adopted. 1997-04-03 House Journal Page 0940 HB 75 Representative Davis objected. Representative Kubina placed a call of the House and lifted the call. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 10 YEAS: 10 NAYS: 22 EXCUSED: 2 ABSENT: 6 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault Excused: James, Masek Absent: Dyson, Kookesh, Nicholia, Ryan, Vezey, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Kemplen: Page 27, line 14: Under Appropriation Items: Delete 48,748,700 Insert 49,498,700 Under General Funds: Delete 21,584,800 Insert 22,334,800 Page 27, line 18: Under Allocations: Delete 22,093,100 Insert 22,843,100 1997-04-03 House Journal Page 0941 HB 75 Representative Kemplen moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 11 YEAS: 12 NAYS: 24 EXCUSED: 2 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: James, Masek Absent: Hodgins, Sanders And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Davies: Page 22, line 28: Under Appropriation Items: Delete 34,416,700 Insert 34,877,000 Under General Funds: Delete 11,123,800 Insert 11,584,100 Page 23, line 9: Under Allocations: Delete 690,000 Insert 1,150,300 1997-04-03 House Journal Page 0942 HB 75 Representative Davies moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 12 YEAS: 12 NAYS: 25 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: James, Masek Absent: Sanders And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Grussendorf: Page 33, line 6: Under Appropriation Items: Delete 12,820,300 Insert 13,037,600 Under General Funds: Delete 12,150,900 Insert 12,368,200 Representative Grussendorf moved and asked unanimous consent that Amendment No. 13 be adopted. 1997-04-03 House Journal Page 0943 HB 75 Representative Porter objected. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 13 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Masek And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Joule: Page 20, line 29: Under Appropriation Items: Delete 67,841,800 Insert 68,234,000 Under General Funds: Delete 3,304,800 Insert 3,697,000 Page 20, line 32: Under Allocations: Delete 20,126,900 Insert 20,519,100 Representative Joule moved and asked unanimous consent that Amendment No. 14 be adopted. 1997-04-03 House Journal Page 0944 HB 75 Representative Kelly objected. The question being: Shall Amendment No. 14 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 14 YEAS: 12 NAYS: 25 EXCUSED: 2 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Masek Absent: Hanley And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Croft: Page 42, line 25: Under Appropriation Items: Delete 443,389,300 Insert 445,889,300 Under General Funds: Delete 164,762,600 Insert 167,262,600 Page 42, line 26: Under Allocations: Delete -19,980,700 Insert -17,480,700 1997-04-03 House Journal Page 0945 HB 75 Representative Croft moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Mulder objected. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Croft Representative Joule Representative Davies Objection was heard, and the members were required to vote. The question being: Shall Amendment No. 15 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 15 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: James, Masek And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Croft: Page 42, line 25: Under Appropriation Items: Delete 443,389,300 Insert 444,390,800 1997-04-03 House Journal Page 0946 HB 75 Under General Funds: Delete 164,762,600 Insert 165,764,100 Page 42, line 28: Under Allocations: Delete 20,916,700 Insert 21,918,200 Page 42, following line 29: Insert It is the intent of the legislature that $1,001,500 in systemwide funding be used to maintain library resources and to meet new demands for library technology and distance delivery capabilities. Representative Croft moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Mulder objected. The question being: Shall Amendment No. 16 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 16 YEAS: 12 NAYS: 23 EXCUSED: 2 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Excused: James, Masek Absent: Bunde, Therriault, Vezey And so, Amendment No. 16 was not adopted. 1997-04-03 House Journal Page 0947 HB 75 Amendment No. 17 was offered by Representative Grussendorf: Page 32, line 22: Under Appropriation Items: Delete 13,861,000 Insert 13,908,800 Under General Funds: Delete 7,409,400 Insert 7,457,200 Page 32, line 26: Under Allocations: Delete 5,385,600 Insert 5,433,400 Representative Grussendorf moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 17 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 17 YEAS: 11 NAYS: 22 EXCUSED: 2 ABSENT: 5 Yeas: Berkowitz, Brice, Croft, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: James, Masek Absent: Davies, Foster, Mulder, Sanders, Vezey And so, Amendment No. 17 was not adopted. 1997-04-03 House Journal Page 0948 HB 75 Amendment No. 18 was offered by Representative Croft: Page 20, line 3: Under General Funds: Delete 9,709,700 Insert 10,709,700 Under Other Funds: Delete 1,000,000 Representative Croft moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Mulder objected. **The presence of Representative James was noted. The question being: Shall Amendment No. 18 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 18 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Davis, Kookesh And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Brice: 1997-04-03 House Journal Page 0949 HB 75 Page 26, line 10: Under Appropriation Items: Delete 337,227,300 Insert 337,477,300 Under General Funds: Delete 96,814,900 Insert 97,064,900 Page 27, line 8: Under Allocations: Delete 9,221,700 Insert 9,471,700 Representative Brice moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 19 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 19 YEAS: 12 NAYS: 24 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hudson, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Barnes, Hodgins, Ivan And so, Amendment No. 19 was not adopted. 1997-04-03 House Journal Page 0950 HB 75 Amendment No. 20 was offered by Representative Croft: Page 32, line 22: Under Appropriation Items: Delete 13,861,000 Insert 13,936,000 Under General Funds: Delete 7,409,400 Insert 7,484,400 Page 32, line 29: Under Allocations: Delete 2,935,700 Insert 3,010,700 Representative Croft moved and asked unanimous consent that Amendment No. 20 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 20 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 20 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Joule, Martin 1997-04-03 House Journal Page 0951 HB 75 And so, Amendment No. 20 was not adopted. Amendment No. 21 was offered by Representative Elton: Page 22, line 28: Under Appropriation Items: Delete 34,416,700 Insert 34,499,200 Under General Funds: Delete 11,123,800 Insert 11,206,300 Page 23, line 5: Under Allocations: Delete 2,810,800 Insert 2,893,300 Representative Elton moved and asked unanimous consent that Amendment No. 21 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 21 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 21 YEAS: 12 NAYS: 24 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey Excused: Masek 1997-04-03 House Journal Page 0952 HB 75 Absent: Dyson, Therriault, Williams And so, Amendment No. 21 was not adopted. Amendment No. 22 was offered by Representative Kemplen: Page 30, line 13: Under Appropriation Items: Delete 61,662,600 Insert 62,562,600 Under General Funds: Delete 22,815,900 Insert 23,715,900 Page 30, line 24: Under Allocations: Delete 2,735,900 Insert 3,635,900 Representative Kemplen moved and asked unanimous consent that Amendment No. 22 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 22 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 22 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-04-03 House Journal Page 0953 HB 75 Excused: Masek And so, Amendment No. 22 was not adopted. The Speaker stated that, without objection, the House would recess to 8:30 p.m.; and so, the House recessed at 6:24 p.m. AFTER RECESS The Speaker called the House back to order at 8:48 p.m. A second quorum call showed 30 members present. SECOND READING OF HOUSE BILLS (Continued) HB 75 Amendment No. 23 was offered by Representative Brice: Page 28, line 13: Under Appropriation Items: Delete 26,468,500 Insert 27,154,500 Under General Funds: Delete 16,356,400 Insert 17,042,400 Page 28, line 22: Under Allocations: Delete 5,992,400 Insert 6,678,400 Representative Brice moved and asked unanimous consent that Amendment No. 23 be adopted. Representative Hanley objected. 1997-04-03 House Journal Page 0954 HB 75 The question being: Shall Amendment No. 23 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 23 YEAS: 11 NAYS: 23 EXCUSED: 1 ABSENT: 5 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Williams Excused: Masek Absent: Hudson, Moses, Sanders, Therriault, Vezey And so, Amendment No. 23 was not adopted. Amendment No. 24 was offered by Representative Davies: Page 34, line 18: Under Appropriation Items: Delete "33,308,500 Insert "33,411,400 Under General Funds: Delete "25,100,200 Insert "25,203,100 Page 34, line 19: Under Allocations: Delete "7,943,700 Insert "8,046,600 Representative Davies moved and asked unanimous consent that Amendment No. 24 be adopted. 1997-04-03 House Journal Page 0955 HB 75 Representative Kelly objected. The question being: Shall Amendment No. 24 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 24 YEAS: 11 NAYS: 24 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: Masek Absent: Hanley, Moses, Sanders, Vezey And so, Amendment No. 24 was not adopted. Amendment No. 25 was offered by Representative Nicholia: Page 36, line 13: Under Appropriation Items: Delete 7,011,000 Insert 7,261,000 Under General Funds: Delete 7,011,000 Insert 7,261,000 Page 36, line 15: Under Allocations: Delete 5,015,500 Insert 5,265,500 1997-04-03 House Journal Page 0956 HB 75 Representative Nicholia moved and asked unanimous consent that Amendment No. 25 be adopted. Representative Davis objected. The question being: Shall Amendment No. 25 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 25 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: Masek Absent: Moses, Sanders, Vezey And so, Amendment No. 25 was not adopted. Amendment No. 26 was offered by Representative Kemplen: Page 28, line 23: Under Appropriation Items: Delete 15,087,500 Insert 15,583,800 Under General Funds: Delete 14,616,200 Insert 15,112,500 1997-04-03 House Journal Page 0957 HB 75 Page 28, line 24: Under Allocations: Delete 8,907,100 Insert 9,403,400 Representative Kemplen moved and asked unanimous consent that Amendment No. 26 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 26 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 26 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: Masek Absent: Moses, Sanders, Vezey And so, Amendment No. 26 was not adopted. Amendment No. 27 was offered by Representative Joule: Page 21, line 25: Under Appropriation Items: Delete 20,266,300 Insert 20,539,500 1997-04-03 House Journal Page 0958 HB 75 Under General Funds: Delete 4,228,000 Insert 4,501,200 Page 21, line 26: Under Allocations: Delete 11,349,100 Insert 11,622,300 Representative Joule moved and asked unanimous consent that Amendment No. 27 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 27 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 27 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: Masek Absent: Moses, Sanders, Vezey And so, Amendment No. 27 was not adopted. Amendment No. 28 was offered by Representatives Kookesh and Joule: 1997-04-03 House Journal Page 0959 HB 75 Page 17, line 13: Under Appropriation Items: Delete 50,358,000 Insert 51,252,300 Under General Funds: Delete 50,358,000 Insert 51,252,300 Page 17, line 14: Under Allocations: Delete 22,719,800 Insert 23,614,100 Representative Kookesh moved and asked unanimous consent that Amendment No. 28 be adopted. Representative Hanley objected. Amendment to Amendment No. 28 was offered by Representative Davies: Under Page 17, line 13: Under Appropriation Items: Delete 51,445,800 Insert 52,340,100 Under General Funds: Delete 51,445,800 Insert 52,340,100 Add: Page 17, line 15: Under Allocations: Delete 27,638,200 Insert 28,726,000 Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 28 be adopted. There being no objection, it was so ordered. 1997-04-03 House Journal Page 0960 HB 75 The question being: Shall Amendment No. 28 as amended be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 28 as amended YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Moses And so, Amendment No. 28 as amended was not adopted. Amendment Nos. 29 and 30 were not offered. Amendment No. 31 was offered by Representative Croft: Page 44, line 3: Under Appropriation Items: Delete 48,853,600 Insert 50,285,400 Under General Funds: Delete 48,853,600 Insert 50,285,400 Page 44, line 6: Under Allocations: Delete 7,959,200 Insert 9,939,100 1997-04-03 House Journal Page 0961 HB 75 Representative Croft moved and asked unanimous consent that Amendment No. 31 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 31 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 31 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Moses And so, Amendment No. 31 was not adopted. Amendment No. 32 was offered by Representative Elton: Page 30, line 30: Under Appropriation Items: Delete 3,205,600 Insert 3,355,600 Under General Funds: Delete 2,371,500 Insert 2,521,500 1997-04-03 House Journal Page 0962 HB 75 Page 31, following line 4, insert a new line: Juneau Laboratory Under Allocations: Insert 150,000 Representative Elton moved and asked unanimous consent that Amendment No. 32 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 32 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 32 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Moses And so, Amendment No. 32 was not adopted. Amendment No. 33 was offered by Representative Brice: Page 27, line 25: Under Appropriation Items: Delete 16,499,300 Insert 16,799,300 1997-04-03 House Journal Page 0963 HB 75 Under General Funds: Delete 5,919,400 Insert 6,219,400 Page 27, line 28: Under Allocations: Delete 13,182,400 Insert 13,482,400 Representative Brice moved and asked unanimous consent that Amendment No. 33 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 33 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 33 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Barnes, Kookesh, Moses And so, Amendment No. 33 was not adopted. Amendment No. 34 was offered by Representative Grussendorf: 1997-04-03 House Journal Page 0964 HB 75 Page 37, line 21: Under Appropriation Items: Delete 29,738,200 Insert 29,847,800 Under Other Funds: Delete 29,738,200 Insert 29,847,000 Representative Grussendorf moved and asked unanimous consent that Amendment No. 34 be adopted. Representative Martin objected. The question being: Shall Amendment No. 34 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 34 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Moses And so, Amendment No. 34 was not adopted. Amendment No. 35 was offered by Representative Grussendorf: 1997-04-03 House Journal Page 0965 HB 75 Page 38, line 20: Under Appropriation Items: Delete 4,776,500 Insert 4,869,500 Under Other Funds: Delete 4,776,500 Insert 4,869,500 Representative Grussendorf moved and asked unanimous consent that Amendment No. 35 be adopted. Representative Martin objected. The question being: Shall Amendment No. 35 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 35 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Hanley, Moses And so, Amendment No. 35 was not adopted. Amendment No. 36 was offered by Representative Davies: 1997-04-03 House Journal Page 0966 HB 75 Page 34, line 32: Under Appropriation Items: Delete 8,562,300 Insert 8,737,700 Under General Funds: Delete 5,628,200 Insert 5,803,600 Page 35, line 3: Under Allocations: Delete 1,221,000 Insert 1,265,000 Page 35, line 5: Under Allocations: Delete 5,478,200 Insert 5,609,600 Representative Davies moved and asked unanimous consent that Amendment No. 36 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 36 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 36 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek 1997-04-03 House Journal Page 0967 HB 75 Absent: Moses And so, Amendment No. 36 was not adopted. Amendment No. 37 was offered by Representative Joule: Page 17, line 16: Under Appropriation Items: Delete 5,880,200 Insert 5,880,425 Under General Funds: Delete 2,675,700 Insert 2,900,700 Page 17, line 17: Under Allocations: Delete 2,665,000 Insert 2,890,000 Representative Joule moved and asked unanimous consent that Amendment No. 37 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 37 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 37 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-04-03 House Journal Page 0968 HB 75 Excused: Masek Absent: Moses And so, Amendment No. 37 was not adopted. Amendment No. 38 was offered by Representative Kemplen: Page 30, line 13: Under Appropriation Items: Delete 61,662,600 Insert 61,962,600 Under General Funds: Delete 22,815,900 Insert 23,115,900 Page 30, line 18: Under Allocations: Delete 1,127,000 Insert 1,427,000 Representative Kemplen moved and asked unanimous consent that Amendment No. 38 be adopted. Representative Hanley objected. Representative Hodgins declared a conflict of interest. The question being: Shall Amendment No. 38 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 38 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Nicholia 1997-04-03 House Journal Page 0969 HB 75 Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Masek Absent: Kubina, Moses, Williams And so, Amendment No. 38 was not adopted. Amendment No. 39 was offered by Representative Joule: Page 20, line 29: Under Appropriation Items: Delete 67,841,800 Insert 68,053,100 Under General Funds: Delete 3,304,800 Insert 3,516,100 Page 20, line 30: Under Allocations: Delete 45,344,800 Insert 45,556,100 Representative Joule moved and asked unanimous consent that Amendment No. 39 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 39 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 39 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 1997-04-03 House Journal Page 0970 HB 75 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Masek Absent: Barnes, Moses, Williams And so, Amendment No. 39 was not adopted. Amendment No. 40 was offered by Representative Davies: Page 22, line 28: Under Appropriation Items: Delete 34,416,700 Insert 34,466,700 Under General Funds: Delete 11,123,800 Insert 11,173,800 Page 22, line 29: Under Allocations: Delete 4,005,600 Insert 4,055,600 Representative Davies moved and asked unanimous consent that Amendment No. 40 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 40 be adopted? The roll was taken with the following result: 1997-04-03 House Journal Page 0971 HB 75 CSHB 75(FIN) Second Reading Amendment No. 40 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Hanley, Moses And so, Amendment No. 40 was not adopted. Amendment No. 41 was offered by Representative Davies: Page 14, line 23: Under Appropriation Items: Delete 15,861,500 Insert 16,433,100 Under General Funds: Delete 15,790,800 Insert 16,362,400 Page 14, line 24: Under Allocations: Delete 6,975,600 Insert 7,547,200 Representative Davies moved and asked unanimous consent that Amendment No. 41 be adopted. 1997-04-03 House Journal Page 0972 HB 75 Representative Davis objected. Amendment to Amendment No. 41 was offered by Representative Davies: Under Page 14, line 23: Under Appropriation Items: Delete 16,433,100 Insert 16,810,700 Under General Funds: Delete 16,362,400 Insert 16,740,000 Add: Page 14, line 25: Under Allocations: Delete 8,885,900 Insert 9,263,500 Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 41 be adopted. There being no objection, it was so ordered. The question being: Shall Amendment No. 41 as amended be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 41 as amended YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek 1997-04-03 House Journal Page 0973 HB 75 Absent: Hanley, Moses And so, Amendment No. 41 as amended was not adopted. Amendment Nos. 42 and 43 were not offered. Amendment No. 44 was offered by Representative Grussendorf: Page 5, line 22: Delete 28,010,200 Insert 28,801,500 Page 42, line 8: Under Appropriation Items: Delete 76,793,000 Insert 77,493,300 Under Other Funds: Delete 76,793,000 Insert 77,493,300 Page 42, line 17: Under Allocations: Delete 2,013,600 Insert 2,167,500 Page 42, line 19: Under Allocations: Delete 53,104,400 Insert 53,555,944 Page 42, line 21: Under Allocations: Delete 10,055,100 Insert 10,149,600 Representative Grussendorf moved and asked unanimous consent that Amendment No. 44 be adopted. 1997-04-03 House Journal Page 0974 HB 75 Objection was heard. The question being: Shall Amendment No. 44 be adopted? The roll was taken with the following result: CSHB 75(FIN) Second Reading Amendment No. 44 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Masek Absent: Moses Kelly changed from "Yea" to "Nay". Therriault changed from "Yea" to "Nay". Williams changed from "Yea" to "Nay". And so, Amendment No. 44 was not adopted. Amendment No. 45 was offered by Representatives Foster and Ivan: Page 18, following line 9: Insert It is the intent of the legislature to appoint a task force consisting of consumers, utility and municipal officials and legislators to review and make recommendations regarding the power cost equalization program. The task force shall report back to the legislature no later than January 12, 1998. Representative Foster moved and asked unanimous consent that Amendment No. 45 be adopted. There being no objection, it was so ordered. 1997-04-03 House Journal Page 0975 HB 75 Representative Porter moved and asked unanimous consent that CSHB 75(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 75(FIN) am will be in third reading on the April 4, 1997, calendar. * * * * The House observed a moment of silence in memory of Bob Ward, former Lieutenant Governor. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Rita Esmailka By Representatives Nicholia, Berkowitz, Brice, Croft, Davies, Elton, James, Joule, Kemplen, Kott, Kubina, Ryan, Vezey, Williams; Senator Lincoln Honoring - Aniak Girls' Basketball Team By Representatives Nicholia, Berkowitz, Brice, Croft, Davies, Elton, Green, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Ryan, Vezey, Williams Honoring - Morris Thompson By Senator Wilken; Representatives Phillips, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Martin, Mulder, Nicholia, Porter, Ryan, Therriault, Williams 1997-04-03 House Journal Page 0976 Honoring - Daniel Mitchell, Academic Excellence Award; Clint Schumacher, Student Leader of the Year, University of Alaska Anchorage, College of Business and Public Policy By Senator Ward; Representatives Berkowitz, Bunde, Croft, Davies, Elton, Green, James, Joule, Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Dr. Musa Essayyad, Teacher of the Year; Professor Garlyn Warren, Advisor of the Year, University of Alaska Anchorage, College of Business and Public Policy By Senator Ward; Representatives Berkowitz, Bunde, Croft, Davies, Elton, Green, James, Joule, Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Ryan, Sanders, Vezey, Williams Honoring - Elif Lee, Mike Strand, Neal Foster, William Seward Chair Finance Award Winners By Senator Ward; Representatives Berkowitz, Bunde, Croft, Davies, Foster, Green, James, Joule, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Borge Larsen By Representatives Moses, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Ryan, Sanders, Vezey, Williams UNFINISHED BUSINESS Representative Porter 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 Kohring - from 6:42 p.m., plane time, April 11 to 9:53p.m., plane time, April 13, 1997 Representative Masek - from 1:22 p.m., plane time, April 11 to 9:33a.m., plane time, April 14, 1997 Representative Moses - from 2:41 p.m., plane time, April 4 to 10:03p.m, plane time, April 6, 1997 1997-04-03 House Journal Page 0977 HB 10 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 10 An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure; and providing for an effective date. HB 10 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation Honoring - Laborers' Union Local 341 be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Porter 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 - Laborers' Union Local 341 50th Anniversary By Senator Donley; Representatives Phillips, Barnes, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Green, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams HJR 29 Representatives Berkowitz, Nicholia, Ivan, Dyson and Kubina added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 29 Supporting an increase in federal funding for prostate cancer research. 1997-04-03 House Journal Page 0978 HB 9 Representative Dyson added his name as cosponsor to: CS FOR HOUSE BILL NO. 9(FIN) am An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date. HB 47 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 47 An Act relating to authorizing the Department of Corrections to provide an automated victim notification and prisoner information system. HB 48 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 48 An Act making a special appropriation for an automated victim notification system; and providing for an effective date. HB 79 Representative James added her name as cosponsor to: HOUSE BILL NO. 79 An Act relating to the offense of possession of tobacco by a person under 19 years of age. 1997-04-03 House Journal Page 0979 HB 220 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 220 An Act relating to the new business incentive program. ENGROSSMENT HB 51 CSHB 51(RLS) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 4, 1997. There being no objection, the House adjourned at 11:26 p.m. Suzi Lowell Chief Clerk