Legislature(1997 - 1998)
1997-04-18 House Journal
Full Journal pdf1997-04-18 House Journal Page 1163 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 18, 1997 Ninety-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:27 a.m. Roll call showed 34 members present. Representatives Bunde and Kookesh had been previously excused from a call of the House today. Representative Sanders was excused due to illness. Representatives Hanley, Kott and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Major Neil Timpson of the Salvation Army. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: 'They've buried me in paper! I can't breathe! The in tray holds my shroud, the out my wreath! Those files are my pallbearers, don't you see? The intercom my tombstone, R.I.P. Prove to me please that there is some equation That links the world's needs with administration! Can letters lead a darkened soul to light, Supposing that we got the margins right? Can records kept inordinately well Preserve a single soul from private hell? Can boards that take my moments and my days Add any rapture to the psalms of praise? 1997-04-18 House Journal Page 1164 Beside my desk I'm down upon my knees If it's an altar let me see it, please. And make the reason for this paper plain. Excuse me Lord -- The phone again! John Gowans Salvation Army Officer British Commissioner' Let's pray, Father God, we thank You for these people who spend so much time in administration so that our state can run right. We ask that You would bless them and keep them, and give them the assurance that the things that they do are meaningful, and prepare us for the future here in Alaska. And bless them and touch them in this, a special way today, we pray. AMEN The Pledge of Allegiance was led by Representative Williams. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 95th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 76 A message dated April 17, 1997, was read stating the Senate has passed CSHB 76(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S 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. 1997-04-18 House Journal Page 1165 HB 76 CSHB 76(FIN) is under Unfinished Business. REPORTS OF STANDING COMMITTEES HB 11 The Finance Committee has considered: HOUSE BILL NO. 11 An Act relating to drivers licensing; and providing for an effective date. The report was signed by Representative Mulder, Vice-chair, with the following individual recommendations: Do pass (5): Mulder, Martin, Davies, Davis, Kelly No recommendation (2): Grussendorf, Foster The following fiscal note applies: Fiscal note, Dept. of Administration, 4/18/97 HB 11 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Kott was noted. HB 19 The Finance Committee has considered: HOUSE BILL NO. 19 An Act relating to licensing of sport fishing services operators and fishing guides; and providing for an effective date. 1997-04-18 House Journal Page 1166 HB 19 and recommends it be replaced with: CS FOR HOUSE BILL NO. 19(FIN) An Act relating to licensing and regulation of sport fishing services operators and fishing guides; and providing for an effective date. The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Grussendorf, Davies, Foster, Moses No recommendation (5): Therriault, Hanley, Martin, Kelly, Davis Amend (2): Mulder, Kohring The following fiscal notes apply to CSHB 19(FIN): Fiscal note, Dept. of Fish & Game, 2/27/97 Fiscal note, Dept. of Public Safety, 2/27/97 HB 19 was referred to the Rules Committee for placement on the calendar. HB 79 The State Affairs Committee has considered: HOUSE BILL NO. 79 An Act relating to the offense of possession of tobacco by a person under 19 years of age. and recommends it be replaced with: CS FOR HOUSE BILL NO. 79(STA) An Act relating to the sale, possession, purchase, taxation, and regulation of products containing tobacco and to the offense of possession of tobacco by a person under 19 years of age. The report was signed by Representative James, Chair, with the following individual recommendations: 1997-04-18 House Journal Page 1167 HB 79 Do pass (4): James, Elton, Berkowitz, Dyson Do not pass (1): Vezey No recommendation (1): Ivan The following fiscal note applies to CSHB 79(STA): Fiscal note, Dept. of Commerce & Economic Development, 4/18/97 HB 79 was referred to the Judiciary Committee. HB 158 The Finance Committee has considered: HOUSE BILL NO. 158 An Act relating to attendance at a public school on a part-time basis. The report was signed by Representative Mulder, Vice-chair, with the following individual recommendations: Do pass (8): Mulder, Kelly, Foster, Davies, Grussendorf, Davis, Moses, Martin The following fiscal note applies: Zero fiscal note, Dept. of Education, 3/26/97 HB 158 was referred to the Rules Committee for placement on the calendar. SB 19 The Resources Committee has considered: SENATE BILL NO. 19 am An Act relating to enforcement of federal laws relating to fish and game; and repealing the power and duty of the commissioner of fish and game to assist in the enforcement of federal laws relating to fish and game. 1997-04-18 House Journal Page 1168 SB 19 and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 19(RES) (same title) The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (2): Dyson, Ogan No recommendation (4): Williams, Green, Masek, Hudson The following fiscal note applies to HCS SB 19(RES): Senate zero fiscal note, Dept. of Public Safety, 2/6/97 SB 19 am was referred to the Judiciary Committee. SCR 7 The State Affairs Committee has considered: SENATE CONCURRENT RESOLUTION NO. 7 Relating to the thirty-first annual Boys' State. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Elton, Berkowitz, Dyson, Vezey, Ivan The following fiscal note applies: Senate zero fiscal note, Senate State Affairs Committee, 3/19/97 SCR 7 was referred to the Rules Committee for placement on the calendar. SCR 8 The State Affairs Committee has considered: 1997-04-18 House Journal Page 1169 SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 Relating to the twenty-ninth annual Girls' State. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Elton, Berkowitz, Dyson, Vezey, Ivan The following fiscal note applies: Senate zero fiscal note, Senate State Affairs Committee, 3/19/97 SCR 8 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 220 The House Special Committee on Economic Development has considered: HOUSE BILL NO. 220 An Act relating to the new business incentive program. and recommends it be replaced with: CS FOR HOUSE BILL NO. 220(ECD) (same title) The report was signed by Representative Sanders, Chair, with the following individual recommendations: Do pass (6): Williams, Hodgins, Ivan, Kemplen, Austerman, Berkowitz The following fiscal notes apply to CSHB 220(ECD): Fiscal notes (2), Dept. of Commerce & Economic Development, 4/18/97 1997-04-18 House Journal Page 1170 HB 220 HB 220 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Congratulating - The Juneau-Douglas High School Drill Team Upon Winning Two National Championships By Representatives Elton, Hudson; Senator Duncan Honoring - Alaska Chapter, American Society of Public Administration By Representative Kemplen Honoring - Claire Matthews, Interior Alaska Spelling Bee By Representative Brice Honoring - Anchorage Elementary School Parent Teacher Associations By Senator Donley Honoring - Anchorage Secondary School Parent Teacher Associations By Senator Donley Honoring - Mountain View Health Clinic By Senator Ellis; Representative Kemplen In Memoriam - Margaret Day Smoker and William A. Smoker By Representatives Elton, Hudson; Senator Duncan In Memoriam - Bertha Smith By Representative Kubina In Memoriam - Colleen Violet Hellan Bucy By Representative Rokeberg In Memoriam - Homer S. Thompson By Senator Torgerson; Representative Phillips 1997-04-18 House Journal Page 1171 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 by Representatives Bunde and Brice: Relating to the Alaska Council of Deaf, Hard of Hearing, and Deaf/Blind. was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 254 HOUSE BILL NO. 254 by Representative Kelly, entitled: An Act relating to disclosure of public records identifying a participant in the advance college tuition payment program; relating to the composition and assets of the Alaska advance college tuition payment fund; relating to administration of the advance college tuition payment program; relating to advance college tuition payment contracts; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services Committee. **The presence of Representative Therriault was noted. HB 255 HOUSE BILL NO. 255 by Representatives Barnes, Cowdery, Mulder, Austerman, Green, James, Hodgins and Ryan, entitled: An Act relating to subsistence hunting and fishing; and providing for an effective date. 1997-04-18 House Journal Page 1172 HB 255 was read the first time and referred to the Resources Committee and the House Special Committee on World Trade and State/Federal Relations. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 6 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1144), was read the third time: 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. **The presence of Representative Hanley was noted. The question being: Shall CSHB 6(FIN) am pass the House? The roll was taken with the following result: CSHB 6(FIN) am Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Davies, Elton, Ivan, Joule, Kubina, Nicholia Excused: Bunde, Kookesh, Sanders And so, CSHB 6(FIN) am passed the House. Representative Berkowitz gave notice of reconsideration of his vote on CSHB 6(FIN) am and later withdrew it. 1997-04-18 House Journal Page 1173 HB 6 CSHB 6(FIN) am was referred to the Chief Clerk for engrossment. HB 208 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1144), was read the third time: CS FOR HOUSE BILL NO. 208(L&C) An Act relating to the board of directors of the Alaska Aerospace Development Corporation. The question being: Shall CSHB 208(L&C) pass the House? The roll was taken with the following result: CSHB 208(L&C) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Vezey, Williams Excused: Bunde, Kookesh, Sanders Absent: Therriault And so, CSHB 208(L&C) passed the House. Representative Austerman later gave notice of reconsideration of his vote on CSHB 208(L&C), and the reconsideration was taken up then. HB 135 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1145), was read the third time: 1997-04-18 House Journal Page 1174 HB 135 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. The question being: Shall CSHB 135(RLS) pass the House? The roll was taken with the following result: CSHB 135(RLS) Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams Nays: Ryan Excused: Bunde, Kookesh, Sanders And so, CSHB 135(RLS) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 135(RLS) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 8 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1146), was read the third time: 1997-04-18 House Journal Page 1175 SB 8 SENATE BILL NO. 8 am An Act relating to the noise levels of airports and sport shooting facilities. The question being: Shall SB 8 am pass the House? The roll was taken with the following result: SB 8 am Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Elton Excused: Bunde, Kookesh, Sanders And so, SB 8 am passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. RECONSIDERATION HB 208 Representative Austerman moved and asked unanimous consent that the reconsideration of CSHB 208(L&C) (page 1173) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 208(L&C) An Act relating to the board of directors of the Alaska Aerospace Development Corporation. The question to be reconsidered: Shall CSHB 208(L&C) pass the House? The roll was taken with the following result: 1997-04-18 House Journal Page 1176 HB 208 CSHB 208(L&C)--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 3 ABSENT: 7 Yeas: Austerman, Berkowitz, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kubina, Martin, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Bunde, Kookesh, Sanders Absent: Barnes, Brice, Grussendorf, Hodgins, Kott, Masek, Moses And so, CSHB 208(L&C) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS (Continued) SB 35 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1147), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) am H 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. The question being: Shall HCS CSSB 35(FIN) am H pass the House? The roll was taken with the following result: 1997-04-18 House Journal Page 1177 SB 35 HCS CSSB 35(FIN) am H Third Reading Final Passage YEAS: 22 NAYS: 12 EXCUSED: 3 ABSENT: 3 Yeas: Austerman, Brice, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey Nays: Barnes, Berkowitz, Croft, Davies, Elton, Grussendorf, Hanley, Joule, Kelly, Kemplen, Kubina, Nicholia Excused: Bunde, Kookesh, Sanders Absent: Moses, Ogan, Williams And so, HCS CSSB 35(FIN) am H passed the House. Representative Nicholia gave notice of reconsideration of her vote on HCS CSSB 35(FIN) am H. Representative Porter moved and asked unanimous consent that the House revert to Messages from the Senate. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 75 A message dated April 18, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. 1997-04-18 House Journal Page 1178 HB 75 with the following amendments and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S(brf fld S) 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. The message further stated that under Rule 43(b) of the Uniform Rules engrossment had been waived and the following certified amendments were attached: Certified Amendment No. 1: Page 17, after line 30: Insert: "Department of Administration BRU: Public Communications Services" It is the intent of the Legislature that the Public Broadcasting Commission continues to grant the Alaska Information Radio Reading Education Services (AIRRES) operations at the FY 97 funding level, minimally. Certified Amendment No. 2: Page 4, line 16, following "receipts": Insert "and receipts of or from the trust established by AS 37.14.400 - 37.14.450 (Exxon Valdez oil spill trust)" Certified Amendment No. 3: Page 3, lines 13 - 14: Delete "designated program" Certified Amendment No. 4: Page 3, line 17: Delete "Subject" Insert "Contingent upon the Alaska Seafood Marketing Institute having no employees over range 21 who are located outside of Alaska and subject" 1997-04-18 House Journal Page 1179 HB 75 Certified Amendment No. 5: Page 28, line 18, before "Legal Defense": Insert "Glacier Bay Commercial/Subsistence Fishing" Certified Amendment No. 32: Page 54, line 10: Delete "31,390,100" Insert "31,540,100" Page 54, line 16: Delete "18,398,300" Insert "18,248,300" Certified Amendment No. 46: Page 53, line 14: Delete "694,089,800" Insert "694,093,500" Page 53, line 15: Delete "2,038,800" Insert "2,035,100" CSHB 75(FIN) am (brf sup maj pfld) is under Unfinished Business. Representative Porter moved and asked unanimous consent that the House recess until 12:30 p.m. There being no objection, the House recessed at 11:55 a.m. AFTER RECESS The Speaker called the House back to order at 12:46 p.m. THIRD READING OF SENATE BILLS (Continued) SB 41 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1150), was read the third time: 1997-04-18 House Journal Page 1180 SB 41 HOUSE CS FOR CS FOR SENATE BILL NO. 41(JUD) An Act relating to environmental audits to determine compliance with certain laws, permits, and regulations. **Representative Kemplen was previously excused from 1:22 p.m., plane time, today. The question being: Shall HCS CSSB 41(JUD) pass the House? The roll was taken with the following result: HCS CSSB 41(JUD) Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Davies, Elton, Joule, Kubina Excused: Bunde, Kemplen, Kookesh, Sanders And so, HCS CSSB 41(JUD) passed the House and was referred to the Chief Clerk for engrossment. SB 109 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1151), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 109(FIN) 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. The question being: Shall HCS CSSB 109(FIN) pass the House? The roll was taken with the following result: 1997-04-18 House Journal Page 1181 SB 109 HCS CSSB 109(FIN) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Davies, Grussendorf, Joule Excused: Bunde, Kemplen, Kookesh, Sanders And so, HCS CSSB 109(FIN) passed the House and was referred to the Chief Clerk for engrossment. SB 136 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1152), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 136(FIN) An Act relating to state fiscal procedures, to the state budget, to agency performance reports, and to appropriation bills. The question being: Shall HCS CSSB 136(FIN) pass the House? The roll was taken with the following result: HCS CSSB 136(FIN) Third Reading Final Passage YEAS: 26 NAYS: 9 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams 1997-04-18 House Journal Page 1182 SB 136 Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kubina, Nicholia Excused: Bunde, Kemplen, Kookesh, Sanders Absent: Porter And so, HCS CSSB 136(FIN) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE RESOLUTIONS HJR 31 The following, which was advanced to third reading from the April 17, 1997, calendar (page 1152), was read the third time: HOUSE JOINT RESOLUTION NO. 31 Requesting the United States Congress to amend the Federal Food, Drug, and Cosmetic Act. The question being: Shall HJR 31 pass the House? The roll was taken with the following result: HJR 31 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Bunde, Kemplen, Kookesh, Sanders Absent: Porter And so, HJR 31 passed the House and was referred to the Chief Clerk for engrossment. 1997-04-18 House Journal Page 1183 SECOND READING OF HOUSE RESOLUTIONS HCR 4 The following, which was held in second reading from the April 17, 1997, calendar (page 1153), was again before the House: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. The question being: Shall CSHCR 4(JUD) pass the House? The roll was taken with the following result: CSHCR 4(JUD) Second Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Davies, Kubina Excused: Bunde, Kemplen, Kookesh, Sanders Absent: Porter And so, CSHCR 4(JUD) passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Foster, Acting Majority Leader, 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: 1997-04-18 House Journal Page 1184 Honoring - Corporal John T. Bradley, U.S. Army, Alaska Soldier of the Year, U.S. Army Pacific Soldier of the Year By Representatives Mulder, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Green, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Dr. Janette Y. Shackles By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Ivan, James, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Adams Honoring - Matthew Robus By Representatives Hudson, Elton, Berkowitz, Brice, Croft, Davies, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Duncan Honoring - Debra L. Call, BP/YWCA Woman of Achievement By Representatives Dyson, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley, Hodgins, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Russian Jack Community Patrol By Representatives Kemplen, Berkowitz, Brice, Croft, Davies, Elton, Ivan, James, Joule, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Vezey, Williams; Senator Ellis Honoring - Michael O'Callaghan and Family By Representatives Kemplen, Berkowitz, Brice, Croft, Davies, James, Joule, Kott, Kubina, Martin, Nicholia, Porter, Sanders, Williams; Senator Ellis Honoring - Nancy Postishek By Senator Green; Representatives Berkowitz, Brice, Croft, James, Joule, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1997-04-18 House Journal Page 1185 Honoring - Robert Stalnaker By Senator Duncan; Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Davis, Hanley, James, Joule, Kemplen, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Randall Kacyon By Representatives Ivan, Berkowitz, Brice, Croft, Davies, Elton, Foster, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Reverend Peters Andrews, Sr. By Representatives Ivan, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Lena Atkiq Ilutsik By Representatives Ivan, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Fred Andrew By Representatives Ivan, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Ernest Polley By Representatives Hudson, Elton, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Foster, Grussendorf, Hanley, James, Joule, Kemplen, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senators Duncan, Leman UNFINISHED BUSINESS HB 75 Representative Foster moved and asked unanimous consent that the House consider the Senate message (page 1177) on the following at this time: CS FOR HOUSE BILL NO. 75(FIN) am(brf sup maj pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to 1997-04-18 House Journal Page 1186 HB 75 capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 75(FIN) am S(brf fld S) 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. There being no objection, it was so ordered. Representative Foster moved that the House concur in the Senate amendment to CSHB 75(FIN) am(brf sup maj plfd), thus adopting SCS CSHB 75(FIN) am S(brf fld S), and recommended that the members vote no. The question being: Shall the House concur in the Senate amendment to CSHB 75(FIN) am(brf sup maj pfld)? The roll was taken with the following result: SCS CSHB 75(FIN) am S(brf fld S) Concur YEAS: 0 NAYS: 35 EXCUSED: 4 ABSENT: 1 Nays: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Bunde, Kemplen, Kookesh, Sanders Absent: Porter And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 75(FIN) am S(brf fld S). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. 1997-04-18 House Journal Page 1187 HB 75 In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Hanley, Chair Representative Therriault Representative Grussendorf The Speaker stated that if the Senate fails to recede and appoints a Conference Committee Rule 23(d) will be in effect. HB 76 Representative Foster moved and asked unanimous consent that the House consider the Senate message (page 1164) on the following at this time: 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. and SENATE CS FOR CS FOR HOUSE BILL NO. 76(FIN) am S (same title) There being no objection, it was so ordered. Representative Foster moved that the House concur in the Senate amendment to CSHB 76(FIN), thus adopting SCS CSHB 76(FIN) amS, and recommended that the members vote no. The question being: Shall the House concur in the Senate amendment to CSHB 76(FIN)? The roll was taken with the following result: SCS CSHB 76(FIN) am S Concur YEAS: 0 NAYS: 35 EXCUSED: 4 ABSENT: 1 1997-04-18 House Journal Page 1188 HB 76 Nays: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Bunde, Kemplen, Kookesh, Sanders Absent: Porter And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 76(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Hanley, Chair Representative Therriault Representative Grussendorf HCR 4 Representative James added her name as cosponsor to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. HJR 21 Representatives Cowdery, Ryan, Martin and Vezey added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 21 Relating to amendment of Title VIII of the Alaska National Interest Lands Conservation Act. 1997-04-18 House Journal Page 1189 HB 6 Representative James added her name as cosponsor 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 158 Representatives Berkowitz and Green added their names as cosponsors to: HOUSE BILL NO. 158 An Act relating to attendance at a public school on a part-time basis. HB 220 Representative Berkowitz added his name as cosponsor to: HOUSE BILL NO. 220 An Act relating to the new business incentive program. HB 232 Representative Vezey added his name as cosponsor to: HOUSE BILL NO. 232 An Act establishing the independent division of administrative hearings in the Department of Administration in order to provide a source of independent administrative hearing officers to preside in contested cases; relating to administrative hearing officers; relating to contested case proceedings; and providing for an effective date. HB 245 Representative Berkowitz removed his name as prime sponsor and added it as first co-sponsor; and, Representative Dyson added his name as prime sponsor to the following: HOUSE BILL NO. 245 An Act relating to minimum sentences for assault in the fourth degree that is a crime involving domestic violence; providing that a prisoner may not contact the victim of the offense when 1997-04-18 House Journal Page 1190 HB 245 provided access to a telephone or otherwise immediately after an arrest; and amending Rule 5(b), Alaska Rules of Criminal Procedure. SB 35 Representative Ogan added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 35(FIN) am H 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. SB 109 Representative James added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 109(FIN) 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. ENGROSSMENT HCR 4 CSHCR 4(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 31 HJR 31 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-04-18 House Journal Page 1191 HB 6 CSHB 6(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 135 CSHB 135(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 208 CSHB 208(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 41 HCS CSSB 41(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 109 HCS CSSB 109(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 136 HCS CSSB 136(FIN) 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. Majority Caucus Speaker's Chamber 10:00 a.m., 4/19 Joint Session 11:15 a.m, 4/21 The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 4/18 meeting CHANGED TO: 1:45 p.m., 4/18 Judiciary Committee 1:00 p.m., 4/18 meeting CHANGED TO: 2:00 p.m., 4/18 1997-04-18 House Journal Page 1192 ADJOURNMENT Representative Foster moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 21, 1997. There being no objection, the House adjourned at 1:32 p.m. Suzi Lowell Chief Clerk