Legislature(1997 - 1998)
1997-04-17 House Journal
Full Journal pdf1997-04-17 House Journal Page 1129 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 17, 1997 Ninety-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:13 a.m. Roll call showed 38 members present. Representative Bunde had been previously excused from a call of the House today. Representative Hanley was absent and his presence was noted later. The invocation was offered by the Chaplain, Major Neil Timpson of the Salvation Army. Representative Kelly moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our most gracious Heavenly Father, We praise You this day for who You are, knowing that in the book of Genesis we read that You created the heavens and the earth and the stars, moon and sun. And then You created us in Your image. And we thank You for that great work. We are thankful for this great land that we are citizens of because there are many places that we could be this morning that would not allow us the opportunity to meet in this fashion and have this time in prayer and conversation with You. We know that people are the reason we are here, and that PEOPLE COUNT not only to this important House of Representatives that are meeting here today. But PEOPLE 1997-04-17 House Journal Page 1130 COUNT to You, in the eternal matters that we look forward to. Help us to make the decisions that make this day count for eternity. Bless our leaders as they deliberate over the matters of the State this day because PEOPLE COUNT. AMEN The Pledge of Allegiance was led by Representative Joule. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 94th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 24 A message dated April 16, 1997, was read stating the Senate has returned the following: HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. and 1997-04-17 House Journal Page 1131 SB 24 CS FOR SENATE BILL NO. 24(FIN) (same title) HCS CSSB 24(FIN) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 16, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 3 CS FOR SENATE BILL NO. 3(JUD) by the Senate Judiciary Committee, entitled: An Act authorizing prosecution and trial in the district court of municipal curfew violations, and providing for punishment of minors upon conviction for violation of a curfew ordinance. was read the first time and referred to the Judiciary Committee. COMMUNICATIONS The following reports were received: Dept. of Administration Office of the Commissioner Report on the Monetary Terms in Health Insurance Premiums (as required by AS 23.40.070-260) The Speaker referred the report to the Finance Committee. Dept. of Revenue Division of Charitable Gaming Preliminary Annual Report For the Calendar Year Ended December 31, 1996 1997-04-17 House Journal Page 1132 REPORTS OF STANDING COMMITTEES HB 146 The Finance Committee has considered: HOUSE BILL NO. 146 An Act relating to competency testing requirements for secondary students; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 146(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (2): Hanley, Mulder Do not pass (1): Davies No recommendation (3): Therriault, Moses, Davis Amend (2): Kohring, Grussendorf The following fiscal note applies to CSHB 146(FIN): Fiscal note, House Finance Committee/Dept. of Education, 4/17/97 HB 146 was referred to the Rules Committee for placement on the calendar. HB 159 The Labor & Commerce Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159 An Act relating to sale, gift, exchange, possession, and purchase of tobacco and tobacco products; and providing for an effective date. 1997-04-17 House Journal Page 1133 HB 159 and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Cowdery, Sanders, Ryan, Hudson No recommendation (1): Brice Amend (1): Rokeberg The following fiscal notes apply to CSSSHB 159(L&C): Fiscal note, Alaska Court System, 4/17/97 Fiscal note, Dept. of Commerce & Economic Development, 4/17/97 Zero fiscal note, Dept. of Public Safety, 4/17/97 Zero fiscal note, Dept. of Revenue, 4/17/97 Zero fiscal note, Dept. of Law, 4/17/97 Zero fiscal note, Dept. of Administration, 4/17/97 SSHB 159 was referred to the Judiciary Committee. HB 204 A memorandum dated April 16, 1997, was received from Representative Hudson, Co-chair, House Resources Committee, stating the Committee had incorrectly reported the committee action on the following: HOUSE BILL NO. 204 An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date. 1997-04-17 House Journal Page 1134 HB 204 The Resources Committee amends their committee report (page 1114) to recommend adoption of: CS FOR HOUSE BILL NO. 204(RES) (same title) HB 204 is in the Rules Committee. HB 217 The Labor & Commerce Committee has considered: HOUSE BILL NO. 217 An Act relating to certified nurse aides; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 217(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (5): Hudson, Ryan, Cowdery, Brice, Sanders No recommendation (1): Rokeberg The following fiscal notes apply to CSHB 217(L&C): Fiscal note, Dept. of Commerce & Economic Development, 4/17/97 Zero fiscal note, Dept. of Health & Social Services, 4/17/97 HB 217 was referred to the Rules Committee for placement on the calendar. SB 8 The Judiciary Committee has considered: 1997-04-17 House Journal Page 1135 SB 8 SENATE BILL NO. 8 am An Act relating to the noise levels of airports and sport shooting facilities. The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (6): Croft, Rokeberg, James, Porter, Green, Bunde No recommendation (1): Berkowitz The following fiscal note applies: Senate zero fiscal note, Dept. of Law, 1/29/97 SB 8 am is on today's calendar. SB 35 The Finance Committee has considered: CS FOR SENATE BILL NO. 35(FIN) 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (5): Mulder, Davis, Kohring, Therriault, Hanley 1997-04-17 House Journal Page 1136 SB 35 No recommendation (5): Moses, Martin, Davies, Kelly, Grussendorf The following fiscal notes apply to HCS CSSB 35(FIN): Senate fiscal note, Dept. of Natural Resources, 2/21/97 Senate zero fiscal note, Senate Finance Committee/Dept. of Natural Resources, 3/21/97 Senate zero fiscal note, Dept. of Natural Resources, 2/21/97 Senate zero fiscal notes (2), Dept. of Fish & Game, 2/19/97 CSSB 35(FIN) is on todays calendar. SB 67 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 67(JUD) An Act relating to the imposition of criminal sentences; and amending Rule 32.2, Alaska Rules of Criminal Procedure. The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (5): Croft, Rokeberg, Porter, Green, James Amend (1): Berkowitz The following fiscal notes apply: Senate fiscal note, Senate Finance Committee/Dept. of Corrections, 3/13/97 Senate zero fiscal notes (2), Dept. of Public Safety, 3/5/97 Senate zero fiscal note, Dept. of Law, 3/5/97 CSSB 67(JUD) was referred to the Finance Committee. SB 109 The Finance Committee has considered: 1997-04-17 House Journal Page 1137 SB 109 CS FOR SENATE BILL NO. 109(FIN) am An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that relate to agricultural land and agricultural homesteads. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 109(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (8): Therriault, Kelly, Mulder, Moses, Hanley, Kohring, Martin, Davis The following fiscal notes apply to HCS CSSB 109(FIN): Fiscal note, House Finance Committee/Dept. of Natural Resources, 4/17/97 Fiscal note, Alaska Court System, 4/17/97 Senate fiscal notes (2), Dept. of Natural Resources, 4/2/97 Senate fiscal note, Dept. of Law, 4/4/97 CSSB 109(FIN) am is on todays calendar. SB 136 The Finance Committee has considered: CS FOR SENATE BILL NO. 136(FIN) am An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) (same title) 1997-04-17 House Journal Page 1138 SB 136 The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (6): Therriault, Hanley, Kohring, Martin, Kelly, Foster No recommendation (4): Davies, Grussendorf, Moses, Davis Amend (1): Mulder The following fiscal note applies to HCS CSSB 136(FIN): Senate zero fiscal note, Office of the Governor, 3/26/97 CSSB 136(FIN) am is on todays calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Corporal John T. Bradley, U.S. Army, Alaska Soldier of the Year, U.S. Army Pacific Soldier of the Year By Representative Mulder Honoring - Dr. Janette Y. Shackles By Representative Joule; Senator Adams Honoring - Matthew Robus By Representatives Hudson, Elton; Senator Duncan Honoring - Debra L. Call, BP/YWCA Woman of Achievement By Representative Dyson Honoring - Russian Jack Community Patrol By Representative Kemplen; Senator Ellis Honoring - Michael O'Callaghan and Family By Representative Kemplen; Senator Ellis 1997-04-17 House Journal Page 1139 Honoring - Nancy Postishek By Senator Green Honoring - Robert Stalnaker By Senator Duncan; Representatives Elton, Hudson In Memoriam - Randall Kacyon By Representative Ivan In Memoriam - Reverend Peters Andrews, Sr. By Representative Ivan In Memoriam - Lena Atkiq Ilutsik By Representative Ivan In Memoriam - Fred Andrew By Representative Ivan In Memoriam - Ernest Polley By Representatives Hudson, Elton; Senators Duncan, Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 by Representatives Davies, Brice and Nicholia: Declaring 1997 to be observed as the 80th Anniversary of the University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks. was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 253 HOUSE BILL NO. 253 by Representative Vezey, entitled: 1997-04-17 House Journal Page 1140 HB 253 An Act allowing a local bidder preference in certain contracts for school construction. was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 6 The following was read the second time: HOUSE BILL NO. 6 An Act amending laws relating to the disclosure of information relating to certain minors. with the: Journal Page HES RPT CS(HES) NT 4DP 2NR 1AM 185 8 FISCAL NOTES (DHSS) 186 3 ZERO FISCAL NOTES (DPS, ADM, LAW) 186 JUD RPT CS(JUD) NT 3DP 2NR 2AM 417 8 FISCAL NOTES (DHSS) 418 3 ZERO FNS (ADM, DPS, LAW) 1/31/97 418 FIN RPT CS(FIN) NT 5DP 2NR 2AM 802 8 FNS (DHSS) 2/21/97 803 3 ZERO FNS (ADM, LAW, DPS) 1/31/97 803 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. 6(FIN) An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kelly: 1997-04-17 House Journal Page 1141 HB 6 Page 2, line 24, following "if": Insert "(i)" Page 2, line 26, following "AS 11.46.300;": Insert "or (ii) the complaint, indictment, information, or other document charging the minor with the commission of burglary under AS11.46.300 sets out multiple counts of burglary in the first degree;" Page 3, line 10, following "offense": Insert "exclusive of information that identifies the victim of the offense" Page 4, following line 29: Insert a new bill section to read: "* Sec. 5. APPLICABILITY. In AS47.12.315, added by sec. 4 of this Act, when disclosure of information is dependent on the minor's previous conviction or adjudication as a delinquent, or on the minor's failure to comply with all terms and conditions required of or imposed on the minor, the Department of Health and Social Services or other agency required to make the disclosure shall consider the minor's previous conviction or delinquency adjudication, or a term or condition required or imposed on the minor, that occurred before the effective date of this Act, but may not consider a conviction or adjudication that occurred or a term or condition that was required or imposed earlier than five years before the effective date of this Act." Representative Kelly moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Kelly: Page 4, following line 29: Insert a new subsection to read: (f) When disclosure is required under this section, the department may petition the court for an order prohibiting the disclosure. The court may grant the petition if, on the basis of 1997-04-17 House Journal Page 1142 HB 6 information presented in the petition or at an in camera hearing held on the petition, the court finds that (1) the crime was an isolated incident and the minor does not present any further danger to the public; or (2) the victim agrees that disclosure is inappropriate. Representative Kelly moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representatives Kelly and Grussendorf: Page 2, line 18, following "if": Insert "the minor was, under AS 47.12.020, previously alleged to be a delinquent minor on the basis of the minor's commission of at least one offense and, on the basis of that allegation, a state agency has, under AS 47.12.040(a), been asked to make a preliminary inquiry to determine if any action on that matter is appropriate, and, if the minor is alleged to be a delinquent minor on the basis of the minor's commission of another offense," Page 2, line 19, following "commission of": Insert "that other offense, and that other offense is one of the following:" Representative Kelly moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Amendment No. 4 was offered by Representatives Davies and Martin: Page 3, lines 11-13: Delete AS 47.12.040(a)(1)(B) or AS 47.12.040(a)(2), the department files with the court a petition seeking adjudication of the minor as Insert AS 47.12.120, the court enters a judgment that the minor is 1997-04-17 House Journal Page 1143 HB 6 Page 4, following line 29: Insert a new subsection to read: (f) When the department files with the court a petition seeking adjudication of a minor as a delinquent based on the minors alleged commission of an offense set out in (b) of this section, the prosecuting attorney may seek an order of the court authorizing the disclosure of the name of the minor and additional information deemed necessary to protect the safety of the public. The court shall authorize the disclosure if the court finds that the disclosure is necessary to protect the public safety or that there are other compelling reasons justifying the disclosure. Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kelly objected. **The presence of Representative Hanley was noted. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 6(FIN) am Second Reading Amendment No. 4 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Martin, Masek, Moses, Nicholia, Sanders, Williams Nays: Austerman, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey Excused: Bunde And so, Amendment No. 4 was not adopted. 1997-04-17 House Journal Page 1144 HB 6 Representative Foster, Acting Majority Leader, moved and asked unanimous consent that CSHB 6(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Elton objected. The Speaker stated that CSHB 6(FIN) am will be in third reading on tomorrow's calendar. HB 208 The following was read the second time: HOUSE BILL NO. 208 An Act relating to the board of directors of the Alaska Aerospace Development Corporation. with the: Journal Page L&C RPT CS(L&C) 5DP 2NR 1040 ZERO FISCAL NOTE (H.L&C/DCED) 1040 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 208(L&C) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSHB208(L&C) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB 208(L&C) will be in third reading on tomorrow's calendar. 1997-04-17 House Journal Page 1145 HB 135 The following was read the second time: HOUSE BILL NO. 135 An Act relating to dental licensing; extending the termination date of the Board of Dental Examiners; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 3DP 1NR 1055 ZERO FISCAL NOTE (DCED) 1056 RLS RPT CS(RLS) NT 2DP 2NR 1113 ZERO FISCAL NOTE (DCED) 4/10/97 1114 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 135(RLS) An Act extending the termination date of the Board of Dental Examiners to June 30, 2001; eliminating a requirement that a dental applicant's photograph be autographed; specifying the circumstances under which a person may be licensed as a dentist in this state without examination when the person is licensed as a dentist in another jurisdiction whose licensing requirements are not equivalent to this state's requirements; and providing for an effective date. There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that CSHB135(RLS) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB 135(RLS) will be in third reading on tomorrow's calendar. 1997-04-17 House Journal Page 1146 SECOND READING OF SENATE BILLS SB 8 The following was read the second time: SENATE BILL NO. 8 am An Act relating to the noise levels of airports and sport shooting facilities. with the: Journal Page JUD RPT 6DP 1NR 1135 SENATE ZERO FISCAL NOTE (LAW) 1/29/97 1135 Representative Foster moved and asked unanimous consent that SB8am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that SB 8 am will be in third reading on tomorrow's calendar. SB 35 The following was read the second time: CS FOR SENATE BILL NO. 35(FIN) 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. with the: Journal Page RES RPT 2DP 3NR 3AM 1117 SENATE FISCAL NOTE (DNR) 2/21/97 1118 2 SENATE ZERO FISCAL NOTES (F&G) 2/19/97 1118 1997-04-17 House Journal Page 1147 SB 35 SENATE ZERO FISCAL NOTE (DNR) 2/21/97 1118 SENATE ZERO FN (S.FIN/DNR) 3/21/97 1118 FIN RPT HCS(FIN) 5DP 5NR 1136 SENATE FISCAL NOTE (DNR) 2/21/97 1136 2 SENATE ZERO FISCAL NOTES (F&G) 2/19/97 1136 SENATE ZERO FISCAL NOTE (DNR) 2/21/97 1136 SENATE ZERO FN (S.FIN/DNR) 3/21/97 1136 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davis: Page 4, line 2: Delete "in this chapter" Insert "in AS 41.21.110 - 41.21.630" Representative Davis moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Foster moved and asked unanimous consent that HCSCSSB 35(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 35(FIN) am H will be in third reading on tomorrow's calendar. 1997-04-17 House Journal Page 1148 SB 41 The following was read the second time: SENATE BILL NO. 41 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations. with the: Journal Page JUD RPT HCS(JUD) 4DP 2NR 1057 2 SENATE FNS (LAW, COURT) 3/18/97 1058 SENATE ZERO FISCAL NOTE (DHSS) 3/13/97 1058 SENATE ZERO FISCAL NOTE (LABOR) 3/18/97 1058 FIN RPT HCS(JUD) 8DP 1NR 1118 2 FISCAL NOTES (COURT, LAW) 1119 SENATE ZERO FN (LABOR) 3/18/97 1119 SENATE ZERO FN (DHSS) 3/13/97 1119 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, following line 20: Insert a new paragraph to read: (5) that the audit privilege established in this Act should in no way curtail the ability of employees to discover or introduce evidence in any administrative or judicial proceeding alleging harassment, retaliation, discrimination or other reprisals. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kelly objected. 1997-04-17 House Journal Page 1149 SB 41 The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 41(JUD) Second Reading Amendment No. 1 YEAS: 12 NAYS: 24 EXCUSED: 1 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, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Bunde Absent: Masek, Porter, Sanders And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: Page 7, following line 8: Insert a new subsection to read: "(c) An audit report is not privileged and is admissible as evidence and subject to discovery and use in a proceeding if the owner or operator has obtained immunity under AS 09.25.475 by making a voluntary disclosure of a violation of an environmental law, or of circumstances, conditions, or occurrences that constitute or may constitute such a violation, and the disclosure arose out of the audit." Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1997-04-17 House Journal Page 1150 SB 41 HCS CSSB 41(JUD) Second Reading Amendment No. 2 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Bunde Absent: Ivan, Porter, Williams And so, Amendment No. 2 was not adopted. Representative Foster moved and asked unanimous consent that HCS CSSB 41(JUD) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 41(JUD) will be in third reading on tomorrow's calendar. SB 109 The following was read the second time: CS FOR SENATE BILL NO. 109(FIN) am An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that relate to agricultural land and agricultural homesteads. 1997-04-17 House Journal Page 1151 SB 109 with the: Journal Page FIN RPT HCS(FIN) 8DP 1137 2 FISCAL NOTES (H.FIN/COURT, DNR) 1137 2 SENATE FISCAL NOTES (DNR) 4/2/97 1137 SENATE FISCAL NOTE (LAW) 4/4/97 1137 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 109(FIN) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that HCS CSSB 109(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 109(FIN) will be in third reading on tomorrow's calendar. SB 136 The following was read the second time: CS FOR SENATE BILL NO. 136(FIN) am An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills. with the: Journal Page FIN RPT HCS(FIN) 6DP 4NR 1AM 1138 SENATE ZERO FISCAL NOTE (GOV) 3/26/97 1138 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1997-04-17 House Journal Page 1152 SB 136 HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) (same title) There being no objection, it was so ordered. Representative Foster moved and asked unanimous consent that HCS CSSB 136(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 136(FIN) will be in third reading on tomorrow's calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 31 The following was read the second time: HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. with the: Journal Page L&C RPT 4DP 2NR 984 ZERO FISCAL NOTE (H.L&C/DHSS) 984 Representative Foster moved and asked unanimous consent that HJR31 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HJR 31 will be in third reading on tomorrow's calendar. 1997-04-17 House Journal Page 1153 HCR 4 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 4 Relating to records generated and maintained by the Department of Health and Social Services. with the: Journal Page HES RPT 7DP 183 2 ZERO FNS (ADM, DHSS) 183 JUD RPT CS(JUD) 5DP 2NR 415 2 ZERO FISCAL NOTES (ADM, DHSS) 1/31/97 416 FIN RPT CS(JUD) 6DP 3NR 801 6 FISCAL NOTES (DHSS) 802 ZERO FISCAL NOTE (ADM) 1/31/97 802 Representative Foster moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) (same title) There being no objection, it was so ordered. The Speaker stated that CSHCR 4(JUD) would be held in second reading to tomorrow's calendar. THIRD READING OF HOUSE RESOLUTIONS HJR 14 The following, which was advanced to third reading from the April 16, 1997, calendar (page 1123), was read the third time: CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the American Land Sovereignty Protection Act. **Representative Kookesh was previously excused from a call of the House after 12:00 noon today. 1997-04-17 House Journal Page 1154 HJR 14 The question being: Shall CSHJR 14(RLS) pass the House? The roll was taken with the following result: CSHJR 14(RLS) Third Reading Final Passage YEAS: 29 NAYS: 7 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Elton, Joule, Kubina, Nicholia Excused: Bunde, Kookesh Absent: Hodgins, Porter And so, CSHJR 14(RLS) passed the House and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SB 24 Representative Foster moved and asked unanimous consent that the House rescind previous action in passing (page 1073): HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. Representative Kubina objected. 1997-04-17 House Journal Page 1155 SB 24 The question being: Shall the House rescind previous action in passing HCS CSSB 24(FIN)? The roll was taken with the following result: HCS CSSB 24(FIN) Third Reading Rescind previous action in passing YEAS: 28 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kubina, Nicholia Excused: Bunde, Kookesh Absent: Porter And so, the motion passed. Representative Foster moved and asked unanimous consent that HCS CSSB 24(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 Kelly: Page 2, line 26: Delete "18" Insert "17" Page 2, line 30: Delete "18" Insert "17" Page 3, line 13: Delete "18" Insert "17" 1997-04-17 House Journal Page 1156 SB 24 Page 3, line 30: Delete "18" Insert "17" Page 4, line 10: Delete "18" Insert "17" Page 4, line 18: Delete "18" Insert "17" Page 8, line 14: Delete "18" Insert "17" Representative Kelly moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Berkowitz objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 24(FIN) Second Reading Amendment No. 1 YEAS: 27 NAYS: 10 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kubina, Moses, Nicholia Excused: Bunde, Kookesh Absent: Porter 1997-04-17 House Journal Page 1157 SB 24 And so, Amendment No. 1 was adopted. The question being: Shall HCS CSSB 24(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 24(FIN) am H Third Reading Final Passage YEAS: 28 NAYS: 10 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kubina, Moses, Nicholia Excused: Bunde, Kookesh And so, HCS CSSB 24(FIN) am H passed the House. Representative Foster moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. HCS CSSB 24(FIN) am H was referred to the Chief Clerk for engrossment. HB 217 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 217 An Act relating to certified nurse aides; and providing for an effective date. HB 217 was removed from the Rules Committee and referred to the Finance Committee. 1997-04-17 House Journal Page 1158 HJR 14 Representatives Therriault and Green added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the American Land Sovereignty Protection Act. HB 6 Representatives Rokeberg and Kemplen added their names as cosponsors to: CS FOR HOUSE BILL NO. 6(FIN) am An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors. HB 220 Representative Kemplen added his name as cosponsor to: HOUSE BILL NO. 220 An Act relating to the new business incentive program. SB 24 Representative Green added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 24(FIN) am H An Act relating to a requirement that a parent, guardian, or custodian consent before certain minors receive an abortion; establishing a judicial bypass procedure by which a minor may petition a court for authorization to consent to an abortion without consent of a parent, guardian, or custodian; amending the definition of 'abortion'; and amending Rules 40 and 79, Alaska Rules of Civil Procedure; Rules 204, 210, 212, 213, 508, and 512.5, Alaska Rules of Appellate Procedure; and Rule 9, Alaska Administrative Rules. ENGROSSMENT HJR 14 CSHJR 14(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-04-17 House Journal Page 1159 HJR 34 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. SB 24 HCS CSSB 24(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 65 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 2:00 p.m., April 17, 1997: HOUSE BILL NO. 65 am An Act relating to partial-birth abortions. HB 69 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 2:00 p.m., April 17, 1997: 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. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1997-04-17 House Journal Page 1160 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 18, 1997. There being no objection, the House adjourned at 12:18 p.m.. Suzi Lowell Chief Clerk