Legislature(1997 - 1998)
1997-05-05 House Journal
Full Journal pdf1997-05-05 House Journal Page 1505 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 5, 1997 One Hundred Thirteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:07 a.m. Roll call showed 36 members present. Representatives Barnes, Kott, Mulder and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Ivan moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Let us pray, God of love, understanding, justice and equality, we gather here today as people who share great responsibility for the well-being of all people who call Alaska home. We live in, and love, a state of unequaled size and beauty. Help us, who live in this place of such geographic, political, cultural, racial and religious diversity, to have a vision for our state that respects and deals with these differences with sensitivity and respect. We live in a world of so much inequality. Help us in our decision-making to not enhance the inequality, but rather find ways to dignify all of God's people. Help there to be respect for legitimate differences in decision-making. May our differences not divide us from what is best for the people of Alaska and our vision for unity. May the dilemma of equality 1997-05-05 House Journal Page 1506 challenge us to find creative, dignifying, and visionary ways to deal with the complexity of issues. Bless each member of this House of Representatives with the wisdom and compassion needed to make decisions that respect diversity, promote equality, and dignify all people. In Your Holy Name, AMEN. The Pledge of Allegiance was led by Representative Croft. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 110th legislative day with the following correction and the journal for the 111th and 112th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. SJR 16 Page 1497, under Engrossment, it should read: "CSSJR 16(RES) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration." MESSAGES FROM THE GOVERNOR HB 65 A letter dated May 3, 1997, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: HOUSE BILL NO. 65 am "An Act relating to partial-birth abortions." The engrossed and enrolled copies were transmitted to the Lieutenant Governor's Office for permanent filing and the following chapter number was assigned: 1997-05-05 House Journal Page 1507 HB 65 Chapter No. 15, SLA 1997 Effective Date: July 31, 1997 SB 24 A letter dated May 3, 1997, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: 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." The engrossed and enrolled copies were transmitted to the Lieutenant Governor's Office for permanent filing and the following chapter number was assigned: Chapter No. 14, SLA 1997 Effective Date: July 31, 1997 HB 22 A message dated May 3, 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: CS FOR HOUSE BILL NO. 22(JUD) "An Act relating to civil liability for illegal sale or barter of an alcoholic beverage or a controlled substance; and providing for an effective date." Chapter No. 18, SLA 1997 Effective Date: July 1, 1997 1997-05-05 House Journal Page 1508 HB 69 A message dated May 3, 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: 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." Chapter No. 16, SLA 1997 Effective Date: May 4, 1997 HB 91 A message dated May 3, 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: HOUSE BILL NO. 91 "An Act extending the termination date of the Board of Parole; and providing for an effective date." Chapter No. 17, SLA 1997 Effective Date: July 1, 1997 MESSAGES FROM THE SENATE SB 1 A message dated May 2, 1997, was read stating the Senate has concurred in the House amendment to CSSB 1(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 1(JUD) "An Act relating to living and working conditions of prisoners in correctional facilities operated by the state, and authorizing the commissioner of corrections to negotiate with providers of detention and confinement services under contract to apply those conditions and limitations on services to persons held under authority of state law at facilities operated under contract or agreement; relating to services provided to prisoners; amending the definition of 'severely medically disabled' applicable to prisoners 1997-05-05 House Journal Page 1509 SB 1 seeking special medical parole; amending provisions of the correctional industries program; and extending the termination date of the Correctional Industries Commission and the program." FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 2, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 141 CS FOR SENATE BILL NO. 141(RLS) am by the Senate Rules Committee, entitled: "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." was read the first time and referred to the Finance Committee. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60, and will be published in House Journal Supplement No. 7. ANNOUNCEMENTS Minority Caucus upon recess, 5/5 The Speaker stated that, without objection, the House would recess until 11:45 a.m. There being no objection, the House recessed at 11:15 a.m. AFTER RECESS The Speaker called the House back to order at 12:03 p.m. **The presence of Representative Mulder was noted. 1997-05-05 House Journal Page 1510 REPORTS OF STANDING COMMITTEES HJR 21 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 21 Relating to amendment of Title VIII of the Alaska National Interest Lands Conservation Act. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): Vezey Do not pass (2): Elton, Berkowitz No recommendation (1): Hodgins Amend (2): James, Dyson The following fiscal note applies: Zero fiscal note, House Resources Committee, 4/1/97 HJR 21 was referred to the Rules Committee for placement on the calendar. HB 38 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 38 "An Act relating to Statehood Act land selection conveyances to boroughs and unified municipalities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 38(CRA) "An Act relating to supplemental general grant land entitlements for boroughs and unified municipalities." 1997-05-05 House Journal Page 1511 HB 38 The report was signed by Representative Ivan, Chair, with the following individual recommendations: Do pass (2): Joule, Dyson No recommendation (2): Ryan, Ivan The following fiscal notes apply to CSHB 38(CRA): Fiscal note, Dept. of Natural Resources, 5/5/97 Zero fiscal note, Dept. of Community & Regional Affairs, 5/5/97 HB 38 was referred to the House Special Committee on World Trade and State/Federal Relations. HB 127 The Finance Committee has considered: HOUSE BILL NO. 127 "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel For Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 127(FIN) "An Act relating to the citizen review board and panels for permanency planning for certain children in state custody; renaming the Citizens' Review Panel for Permanency Planning as the Citizens' Foster Care Review Board; extending the termination date of the Citizens' Foster Care Review Board; relating to disclosures about certain minors; and providing for an effective date." The report was signed by Representative Mulder, Vice-Chair, with the following individual recommendations: 1997-05-05 House Journal Page 1512 HB 127 Do pass (5): Mulder, Martin, Kohring, Davis, Kelly No recommendation (2): Davies, Moses The following fiscal notes apply to CSHB 127(FIN): Fiscal note, House Finance Committee/Dept. of Administration, 5/5/97 Indeterminate fiscal note, Dept. of Administration, 4/23/97 Zero fiscal note, Dept. of Health & Social Services, 4/23/97 HB 127 was referred to the Rules Committee for placement on the calendar. HB 269 The State Affairs Committee has considered: HOUSE BILL NO. 269 "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Hodgins, Dyson, Vezey The following fiscal note applies: Fiscal note, Dept. of Public Safety, 5/5/97 HB 269 was referred to the Finance Committee. SB 38 The Finance Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) "An Act relating to anatomical gifts, living wills, and do not resuscitate orders." 1997-05-05 House Journal Page 1513 SB 38 and recommends it be replaced with: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 38(JUD) (same title) The report was signed by Representative Mulder, Vice-Chair, with the following individual recommendations: Do pass (6): Mulder, Martin, Kohring, Davies, Kelly, Davis The following fiscal notes apply to HCS CSSSSB 38(JUD): Senate fiscal note, Dept. of Health & Social Services, 2/3/97 Senate zero fiscal note, Dept. of Public Safety, 2/3/97 CSSSSB 38(JUD) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Kott was noted. SB 70 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 70(JUD) "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 70(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (2): Green, Porter No recommendation (2): Croft, Berkowitz 1997-05-05 House Journal Page 1514 SB 70 The following fiscal notes apply to HCS CSSB 70(JUD): Senate fiscal note, Dept. of Administration, 4/10/97 Senate fiscal note, Dept. of Law, 4/9/97 Senate zero fiscal note, Dept. of Corrections, 4/10/97 Senate zero fiscal note, Alaska Court System, 4/10/97 Senate zero fiscal note, Dept. of Administration, 4/10/97 Senate zero fiscal note, Dept. of Public Safety, 2/21/97 Senate zero fiscal note, Dept. of Health & Social Services, 2/21/97 CSSB 70(JUD) was referred to the Finance Committee. SB 177 The Finance Committee has considered: SENATE BILL NO. 177 "An Act relating to the international trade and business endowment; and providing for an effective date." The report was signed by Representative Mulder, Vice-Chair, with the following individual recommendations: Do pass (2): Martin, Davis No recommendation (4): Mulder, Davies, Moses, Kelly Amend (1): Kohring The following fiscal notes apply: Fiscal note, University of Alaska, 5/5/97 Senate fiscal note, Dept. of Revenue, 4/28/97 Senate fiscal note, Dept. of Commerce & Economic Development, 4/22/97 SB 177 was referred to the Rules Committee for placement on the calendar. 1997-05-05 House Journal Page 1515 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Evelyn Monsen By Representative Moses Honoring - The Music Machine, Janet Carr-Campbell and Darl Schaaff, Directors By Representative Martin Honoring - Jon Wolcott By Representative Barnes Honoring - Pete Hoepfner By Representative Barnes Honoring - Sam Pekovich By Representative Barnes Honoring - Tony McCormick By Representative Barnes Honoring - Cheetah Readers, Airport Heights Elementary School By Representative Ryan Recognizing - Nobody Gets Hurt Week By Senator Leman Honoring - Chugiak High School Science Olympiad Team, 1997 State Champions By Senators Phillips, Halford; Representatives Dyson, Kohring, Kott Honoring - Albert "Van" Van Ornum By Senators Phillips, Halford; Representative Dyson In Memoriam - Marietta Williams By Representative Grussendorf 1997-05-05 House Journal Page 1516 In Memoriam - William R. "Bill" Nix By Representatives Elton, Hudson; Senator Duncan INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 271 HOUSE BILL NO. 271 by Representative Vezey, entitled: "An Act relating to collective bargaining agreements for the overtime wage requirement exemption." was read the first time and referred to the State Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 109 The following was read the second time: HOUSE BILL NO. 109 "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." with the: Journal Page RES RPT 2DP 6NR 1288 FISCAL NOTE (DNR) 1288 FIN RPT CS(FIN) 8DP 1397 FISCAL NOTE (DNR) 4/23/97 1398 **The presence of Representative Therriault was noted. Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1997-05-05 House Journal Page 1517 HB 109 CS FOR HOUSE BILL NO. 109(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB109(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. **The presence of Representative Barnes was noted. CSHB 109(FIN) was read the third time. The question being: "Shall CSHB 109(FIN) pass the House?" The roll was taken with the following result: CSHB 109(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hanley, Kelly And so, CSHB 109(FIN) 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 109(FIN) was referred to the Chief Clerk for engrossment. HB 207 The following was read the second time: 1997-05-05 House Journal Page 1518 HB 207 HOUSE BILL NO. 207 "An Act relating to employer drug and alcohol testing programs." with the: Journal Page L&C RPT CS(L&C) 2DP 3NR 1AM 1039 ZERO FISCAL NOTE (LABOR) 1039 JUD RPT CS(JUD) 3DP 4NR 1097 ZERO FISCAL NOTE (LABOR) 4/9/97 1097 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. 207(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB207(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 207(JUD) was read the third time. The question being: "Shall CSHB 207(JUD) pass the House?" The roll was taken with the following result: CSHB 207(JUD) Third Reading Final Passage YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Croft, Davies, Kemplen, Kookesh 1997-05-05 House Journal Page 1519 HB 207 And so, CSHB 207(JUD) passed the House. Representative Berkowitz gave notice of reconsideration of his vote on CSHB 207(JUD). Representative Vezey moved and asked unanimous consent that the reconsideration of CSHB 207(JUD) be taken up on the same day. Objection was heard. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Berkowitz withdrew his notice of reconsideration. CSHB 207(JUD) was referred to the Chief Clerk for engrossment. HB 210 The following was read the second time: HOUSE BILL NO. 210 "An Act relating to the extension of contracts for the sale and delivery of in-bond merchandise at international airports." with the: Journal Page TRA RPT 4DP 2NR 1400 ZERO FISCAL NOTE (DOT) 1400 L&C REFERRAL WAIVED 1426 Representative Porter moved and asked unanimous consent that HB210 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 210 was read the third time. The question being: "Shall HB 210 pass the House?" The roll was taken with the following result: 1997-05-05 House Journal Page 1520 HB 210 HB 210 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: James And so, HB 210 passed the House and was referred to the Chief Clerk for engrossment. HB 256 The following was read the second time: HOUSE BILL NO. 256 "An Act relating to regulation of postsecondary educational institutions; and providing for an effective date." with the: Journal Page HES RPT 4DP 1NR 1443 FISCAL NOTE (DOE) 1443 Amendment No. 1 was offered by Representatives Davis and Kott: Page 1, line 1, following "to" (title amendment): Insert "calculation of the default rate for purposes of the student loan program and to" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 14.43.120(d) is amended to read: (d) Scholarship loans may not be made to a student (1) for more than a total of $42,500 for undergraduate study; 1997-05-05 House Journal Page 1521 HB 256 (2) for more than a total of $47,500 for graduate study; (3) for more than a combined total of $60,000 for undergraduate and graduate study; (4) to attend an institution ª,ß if the total amount of scholarship loans made to students to attend that institution exceeds $100,000 and the default rate on those loans is (A) greater than 20 percent but less than 25 percent, and the institution is unable to reduce its default rate within 24 months after the rate determination; or (B) equal to or greater than 25 percent for two consecutive calendar years; for purposes of this paragraph, the default rate shall ªANNUALLYß be determined by the commission for each annual group of ªFROMß loans required to be repaid under (g) of this section on or after July 1, 1996; if a scholarship loan is refused based on the provisions of this paragraph and, under a subsequent default rate determination, an institution's default rate does not exceed the limits established under this paragraph, the commission may not refuse to issue a scholarship loan to attend that institution based on the provisions of this paragraph." Page 1, line 4: Delete "Section 1." Insert "Sec. 2." Renumber the following bill sections accordingly. Page 5, line 5: Delete "sec. 2" Insert "sec. 3" Page 5, line 14: Delete "sec. 13" Insert "sec. 14" Page 5, line 15: Delete "Section 11" Insert "Section 12" Page 5, line 16: Delete "sec. 12" Insert "sec. 13" 1997-05-05 House Journal Page 1522 HB 256 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 and the new title appears below: HOUSE BILL NO. 256 am "An Act relating to calculation of the default rate for purposes of the student loan program and to regulation of postsecondary educational institutions; and providing for an effective date." Representative Porter moved and asked unanimous consent that HB256 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 256 am was read the third time. The question being: "Shall HB 256 am pass the House?" The roll was taken with the following result: HB 256 am Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Ogan Absent: Cowdery And so, HB 256 am 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. 1997-05-05 House Journal Page 1523 HB 256 HB 256 am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 124 The following was read the second time: SENATE BILL NO. 124 "An Act relating to salmon classics and race classics." with the: Journal Page STA RPT 5DP 2NR 1341 SENATE ZERO FISCAL NOTE (REV) 4/4/97 1341 Representative Porter moved and asked unanimous consent that SB124 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 124 was read the third time. The question being: "Shall SB 124 pass the House?" The roll was taken with the following result: SB 124 Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Berkowitz, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Barnes, Brice, Hanley, Kelly, Kemplen, Kohring, Martin, Masek, Ogan, Therriault Absent: Cowdery 1997-05-05 House Journal Page 1524 SB 124 Davies changed from "Nay" to "Yea". And so, SB 124 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. ANNOUNCEMENTS The following meeting today has been changed as indicated: Judiciary Committee 1:00 p.m., 5/5 meeting CHANGED TO: 1:30 p.m., 5/5 The Speaker stated that, without objection, the House would recess to 5:30 p.m.; and so, the House recessed at 1:02 p.m. AFTER RECESS The Speaker called the House back to order at 5:42 p.m. A second quorum call showed 26 members present. THIRD READING OF HOUSE BILLS HB 266 The following, which was advanced to third reading from the May 2, 1997, calendar (page 1491), was read the third time: HOUSE BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Martin - from 6:30 p.m. today. 1997-05-05 House Journal Page 1525 HB 266 The question being: "Shall HB 266 pass the House?" The roll was taken with the following result: HB 266 Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Kemplen Absent: Barnes, Green And so, HB 266 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. Representative Davies gave notice of reconsideration of his vote on HB 266. SECOND READING OF HOUSE RESOLUTIONS HCR 16 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 16 Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. with the: Journal Page FIN RPT CS(FIN) 5DP 1DNP 2NR 1AM 1338 FISCAL NOTE (DCED) 1339 1997-05-05 House Journal Page 1526 HCR 16 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Grussendorf: Page 2, line 15: Delete "shall promptly prepare" Insert "is authorized to pursue any alternative that is in the best interest of the state including" Page 2, line 17, following "that": Delete "the" Insert "any" Representative Grussendorf moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. Representative Ryan placed a call of the House and lifted the call. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHCR 16(FIN) Second Reading Amendment No. 1 YEAS: 23 NAYS: 16 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson, James, Joule, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia, Ogan, Rokeberg, Sanders, Vezey, Williams Nays: Barnes, Cowdery, Dyson, Foster, Hanley, Hodgins, Ivan, Kelly, Kohring, Kott, Masek, Mulder, Phillips, Porter, Ryan, Therriault 1997-05-05 House Journal Page 1527 HCR 16 Absent: Green And so, Amendment No. 1 was adopted. Amendment No. 2 was not offered. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/5 The Speaker stated that, without objection, the House would recess for a Majority Caucus; and so, the House recessed at 6:27 p.m. AFTER RECESS The Speaker called the House back to order at 7:08 p.m. SECOND READING OF HOUSE RESOLUTIONS (Continued) HCR 16 The Speaker stated that, without objection, CSHCR 16(FIN) am would be held to tomorrow's calendar. SECOND READING OF SENATE RESOLUTIONS SJR 25 The following was read the second time: SENATE JOINT RESOLUTION NO. 25 Supporting enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake. with the: Journal Page TRA RPT 5DP 1403 SENATE ZERO FISCAL NOTE (S.TRA) 4/16/97 1404 1997-05-05 House Journal Page 1528 SJR 25 Representative Porter moved and asked unanimous consent that SJR 25 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 25 was read the third time. The question being: "Shall SJR 25 pass the House?" The roll was taken with the following result: SJR 25 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Martin Berkowitz changed from "Nay" to "Yea". And so, SJR 25 passed the House. Representative Grussendorf gave notice of reconsideration of his vote on SJR 25. 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 - Valdez High School Academic Decathlon Tournament Champions By Representatives Kubina, Berkowitz, Brice, Bunde, Croft, Elton, Green, Grussendorf, Ivan, James, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Lincoln 1997-05-05 House Journal Page 1529 Honoring - Captain Bienvenido Abiles By Representatives Austerman, Phillips, Berkowitz, Brice, Croft, Elton, Grussendorf, Hanley, James, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Mackie Honoring - Michelle Titus, Miss Alaska 1997 By Representatives Kelly, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - United Way of the Tanana Valley By Representatives Brice, Berkowitz, Croft, Elton, Grussendorf, James, Kemplen, Kott, Kubina, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Kotzebue Elementary School Grades 5/6 Team, Battle of the Books State Champions By Representatives Joule, Berkowitz, Brice, Bunde, Croft, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams Honoring - Kotzebue Elementary School Grades 3/4 Team, Battle of the Books State Runner-up By Representatives Joule, Berkowitz, Brice, Bunde, Croft, Elton, Green, Grussendorf, Hanley, Ivan, James, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams Honoring - Thomas Marshall By Representatives Green, Masek, Berkowitz, Brice, Bunde, Croft, Elton, Grussendorf, James, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Dillingham Volleyball Team By Senator Hoffman; Representatives Ivan, Berkowitz, Brice, Croft, Elton, Grussendorf, James, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Ryan, Sanders, Therriault, Vezey, Williams 1997-05-05 House Journal Page 1530 Honoring - Lathrop High School Symphonic Band By Senators Wilken; Representatives Berkowitz, Brice, Croft, Elton, Green, Grussendorf, James, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Fred Voge By Representatives Austerman, Phillips, Berkowitz, Brice, Croft, Elton, Foster, Grussendorf, James, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Mackie UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kelly - from 6:25 a.m., plane time, May 7 to 9:33 a.m., plane time, May 8, 1997 SB 60 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: SENATE BILL NO. 60 "An Act providing for an advisory vote on the issue of capital punishment." SB 60 is in the Judiciary Committee. CONCUR IN SENATE AMENDMENTS HB 114 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1391) on the following at this time: HOUSE BILL NO. 114 "An Act relating to health care data and registration of births." 1997-05-05 House Journal Page 1531 HB 114 and SENATE CS FOR HOUSE BILL NO. 114(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to HB 114, thus adopting SCS HB 114(RLS), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to HB 114? The roll was taken with the following result: SCS HB 114(RLS) Concur YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Davis, Kookesh, Vezey Excused: Martin And so, the House concurred in the Senate amendment, thus adopting SCS HB 114(RLS). The Chief Clerk was instructed to so notify the Senate. SCS HB 114(RLS) was referred to the Chief Clerk for enrollment. HB 214 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1392) on the following at this time: 1997-05-05 House Journal Page 1532 HB 214 HOUSE BILL NO. 214 "An Act relating to an employer's knowledge of an employee's physical condition for purposes of the Alaska Workers' Compensation Act; excluding certain participants in the Alaska temporary assistance program from coverage under the Alaska Workers' Compensation Act; and providing for an effective date." and HOUSE BILL NO. 214 am S (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to HB 214, thus adopting HB 214 am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to HB 214? The roll was taken with the following result: HB 214 am S Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Martin And so, the House concurred in the Senate amendment, thus adopting HB 214 am S. 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. The Chief Clerk was instructed to so notify the Senate. 1997-05-05 House Journal Page 1533 HB 214 HB 214 am S was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HCR 6 The Speaker waived the Health, Education & Social Services Committee referral for the following at the request of Representative Bunde, Chair: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. HCR 6 was removed from the Health, Education & Social Services Committee and referred to the Finance Committee. HB 241 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 241 "An Act relating to payment assistance for costs of residing in the Alaska Pioneers' Home, and providing that certain income and assets of a resident shall be disregarded in determining payment assistance, including income from any source in an amount up to $100, cash dividends and other income up to $2,000 received under the Alaska Native Claims Settlement Act, a permanent fund dividend, an amount for burial expenses of the resident, the resident's spouse and dependents of the resident, the primary residence of the resident's spouse or a dependent of the resident, and other property up to a total value of $5,000; and providing for an effective date." HB 241 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 100 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: 1997-05-05 House Journal Page 1534 SB 100 SENATE BILL NO. 100 "An Act relating to grant authority for services for developmentally delayed or disabled children and their families." SB 100 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. RECONSIDERATION HB 266 Representative Ryan moved and asked unanimous consent that the reconsideration of the following (page 1525), be taken up on the same day: HOUSE BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." Objection was heard. The question being: "Shall the reconsideration of HB 266 be taken up on the same day?" The roll was taken with the following result: HB 266--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 25 NAYS: 11 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Excused: Martin Absent: Hanley, Kookesh, Sanders 1997-05-05 House Journal Page 1535 HB 266 And so, the motion failed, and the reconsideration of HB 266 will be available on May 6, 1997. UNFINISHED BUSINESS HCR 6 Representative Dyson added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. HCR 18 Representatives Elton, Kemplen, Martin, Ryan, Berkowitz and Joule added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 18 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. HJR 21 Representative Austerman added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 21 Relating to amendment of Title VIII of the Alaska National Interest Lands Conservation Act. HB 207 Representative Porter added his name as cosponsor to: CS FOR HOUSE BILL NO. 207(JUD) "An Act relating to employer drug and alcohol testing programs." HB 266 Representative Rokeberg added his name as cosponsor to: 1997-05-05 House Journal Page 1536 HB 266 HOUSE BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." SJR 25 Representative James added her name as cross sponsor to: SENATE JOINT RESOLUTION NO. 25 Supporting enhancement of visitor access to Denali National Park and Preserve through development of a northern railroad route corridor access to the vicinity of Wonder Lake. SB 152 Representative Ryan added his name as cross sponsor to: CS FOR SENATE BILL NO. 152(FIN) "An Act relating to certified nurse aides; and providing for an effective date." ENGROSSMENT HB 109 CSHB 109(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 207 CSHB 207(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 210 HB 210 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 256 HB 256 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-05-05 House Journal Page 1537 SJR 14 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: SENATE JOINT RESOLUTION NO. 14 am H Relating to support for federal legislation permitting state concealed handgun permittees to carry concealed handguns in other states. ENROLLMENT HJR 23 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:30 a.m., May 3, 1997: HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service. HB 119 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:30 a.m., May 3, 1997: CS FOR HOUSE BILL NO. 119(JUD) "An Act raising the limit on small claims actions to $7,500; amending Rule 9, Alaska Rules of Administration; and providing for an effective date." HB 133 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 9:50 a.m., May 5, 1997: 1997-05-05 House Journal Page 1538 HB 133 CS FOR HOUSE BILL NO. 133(L&C) "An Act relating to regulation of architects, engineers, and land surveyors; extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." HB 20 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 3:05 p.m., May 5, 1997: CS FOR HOUSE BILL NO. 20(FIN) "An Act relating to dog mushers' contests." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 6, 1997. There being no objection, the House adjourned at 7:34 p.m. Suzi Lowell Chief Clerk