Legislature(1997 - 1998)
1997-05-06 House Journal
Full Journal pdf1997-05-06 House Journal Page 1541 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday May 6, 1997 One Hundred Fourteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:11 a.m. Roll call showed 37 members present. Representative Kookesh had been previously excused from a call of the House today. Representatives Hodgins and Ivan 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 Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "God of Wisdom, Love and Compassion: May the diversity of our state be reflected in the dialogue that occurs in our midst. May there be a willingness to take stands on issues, not for personal gain, but out of a deep desire to best serve the needs of our people. There is so much criticism, disrespect and mistrust of the political process and those who lead. May this House of Representatives seek to build bridges of relationship and trust between the people of our state. May we promote dignity by example and by decision-making. In a society so lacking in quality role models, help this group by their honesty, integrity, willingness to compromise, humor, and genuine caring, to model the kind of lives we wish our youth to adopt. 1997-05-06 House Journal Page 1542 In the busy realities of the final days of this session help us to make time for personal soul searching and prayer about what is truly important in our lives, and in the lives of the people of our state. May what we learn about ourselves in our silent reflections help bring peace to us and to others. May it bring a depth to our being that is a blessing to our state and to all of its people. May we take good care of ourselves so we can better care for others. In Your Holy Name, Amen." The Pledge of Allegiance was led by Representative Ryan. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 113th legislative day and House Journal Supplement No. 7 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 4 A message dated May 5, 1997, was read stating the Senate has passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. CSHCR 4(JUD) was referred to the Chief Clerk for enrollment. HB 13 A message dated May 5, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 13(FIN) am "An Act relating to marine safety training and education programs." 1997-05-06 House Journal Page 1543 HB 13 CSHB 13(FIN) am was referred to the Chief Clerk for enrollment. **The presence of Representative Ivan was noted. SJR 16 A message dated May 5, 1997, was read stating the Senate has concurred in the House amendment to CSSJR 16(RES) am, thus adopting: CS FOR SENATE JOINT RESOLUTION NO. 16(RES) am H Relating to reauthorization and reform of the Endangered Species Act. HB 6 A message dated May 5, 1997, was read stating the Senate has passed: 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." with the following amendments with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules." CSHB 6(FIN) am is under Unfinished Business. HB 9 A message dated May 5, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 9(FIN) am "An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of 'incapacitated' for 1997-05-06 House Journal Page 1544 HB 9 sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rule 6, Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date." with the following amendments with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S "An Act relating to the rights of crime victims and victims of juvenile offenses; relating to the collection by victims of restitution from prisoners; relating to the definition of 'incapacitated' for sexual offenses; creating the crime of interfering with a report of a crime involving domestic violence; relating to mental examinations of victims in criminal prosecutions; relating to the safety of victims, other persons, and the community in setting bail or conditions of release; relating to access to certain records of the Violent Crimes Compensation Board; amending Rules 6 and 43(d), Alaska Rules of Criminal Procedure, Rules 404 and 615, Alaska Rules of Evidence, and Rule 3, Alaska Delinquency Rules; and providing for an effective date." CSHB 9(FIN) am is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 5, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 34 CS FOR SENATE BILL NO. 34(FIN) by the Senate Finance Committee, entitled: 1997-05-06 House Journal Page 1545 SB 34 "An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a Soldotna maintenance facility of the Department of Transportation and Public Facilities with total construction, acquisition, and other costs, excluding lease payments, of the project not exceeding $4,900,000." was read the first time and referred to the Finance Committee. SB 189 CS FOR SENATE BILL NO. 189(FIN) by the Senate Finance Committee, entitled: "An Act relating to eligibility for and default, collection, and repayment of student loans; relating to nonrenewal of certain occupational licenses for default on a student loan; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/6 Minority Caucus upon recess, 5/6 The Speaker stated that, without objection, the House would recess until 10:45 a.m.; and so, the House recessed at 10:19 a.m. AFTER RECESS The Speaker called the House back to order at 11:02 a.m. A second quorum call showed 26 members present. **The presence of Representative Hodgins was noted. 1997-05-06 House Journal Page 1546 SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation In Memoriam - Helen Kelly be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Helen Kelly By Representatives Kelly, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams REPORTS OF STANDING COMMITTEES The Resources Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Robert N. Christenson as a member of the Alaska Oil and Gas Conservation Commission. The report was signed by Representatives Hudson and Ogan, Co- chairs; and, Representatives Dyson, Green and Nicholia. The report did not reflect an intent by any of the members to vote for or against the named individual during any further sessions for the purposes of confirmation. 1997-05-06 House Journal Page 1547 HB 159 The Judiciary 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." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Porter, Green No recommendation (4): James, Bunde, Berkowitz, Croft The following fiscal notes apply to CSSSHB 159(JUD): 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 Rules Committee for placement on the calendar. HB 203 The Labor & Commerce Committee has considered: HOUSE BILL NO. 203 "An Act relating to actions for unlawful trade practices." and recommends it be replaced with: 1997-05-06 House Journal Page 1548 HB 203 CS FOR HOUSE BILL NO. 203(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Cowdery, Sanders, Hudson No recommendation (2): Rokeberg, Brice The following fiscal note applies to CSHB 203(L&C): Zero fiscal note, Dept. of Law, 5/6/97 HB 203 was referred to the Judiciary Committee. SCR 9 The State Affairs Committee has considered: SENATE CONCURRENT RESOLUTION NO. 9 Declaring June 1 - 7, 1997, to be Alaska Garden Week. 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: Senate zero fiscal note, Senate State Affairs Committee, 4/16/97 SCR 9 was referred to the Rules Committee for placement on the calendar. SB 55 The Finance Committee has considered: CS FOR SENATE BILL NO. 55(FIN) am "An Act relating to the definition of certain state receipts to state fiscal procedures, to the state budget, to agency performance 1997-05-06 House Journal Page 1549 SB 55 reports, and to appropriation bills, eliminating the authority of a department to award a grant to a recipient other than the one named in the appropriation or allocation for the grant; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (1): Mulder No recommendation (3): Therriault, Kelly, Foster Amend (3): Martin, Kohring, Davies The following fiscal note applies to HCS CSSB 55(FIN): Senate fiscal note, Office of the Governor/Various Depts., 4/18/97 CSSB 55(FIN) am was referred to the Rules Committee for placement on the calendar. SB 68 The Finance Committee has considered: CS FOR SENATE BILL NO. 68(FIN) "An Act relating to the Task Force on Privatization; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 68(STA) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: 1997-05-06 House Journal Page 1550 SB 68 Do pass (6): Therriault, Mulder, Martin, Kohring, Davies, Kelly No recommendation (1): Foster The following fiscal notes apply to HCS CSSB 68(STA): Senate fiscal note, Legislative Affairs Agency, 3/26/97 Senate indeterminate fiscal notes (2), Office of the Governor, 3/26/97 CSSB 68(FIN) was referred to the Rules Committee for placement on the calendar. SB 88 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 88(L&C) "An Act relating to the Board of Public Accountancy; extending the termination date of the Board of Public Accountancy; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Cowdery, Sanders, Hudson, Rokeberg No recommendation (1): Brice The following fiscal note applies: Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/25/97 CSSB 88(L&C) was referred to the Rules Committee for placement on the calendar. SB 103 The Finance Committee has considered: 1997-05-06 House Journal Page 1551 SB 103 CS FOR SENATE BILL NO. 103(STA) am "An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 103(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (10): Therriault, Mulder, Martin, Kohring, Davies, Grussendorf, Moses, Davis, Kelly, Foster The following fiscal note applies to HCS CSSB 103(FIN): Senate fiscal note, Office of the Governor, 4/29/97 CSSB 103(STA) am was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Captain James C. Olson By Representative Austerman; Senator Mackie Honoring - Karen Mahurin By Representative Phillips Honoring - Terrance R. McMullin, for his Contribution to the Education of Alaskan Students By Representative Nicholia; Senator Lincoln 1997-05-06 House Journal Page 1552 Honoring - David Hutchins By Representatives Green, Kubina Honoring - Anchorage Recycling Summit By Representative Croft Honoring - Yolanda Christine Franklin, Miss Junior South Big Lake Petite By Representatives Kohring, Masek; Senator Green Honoring - Nikiski Bulldog Wrestlers, State Champions By Senator Ward Honoring - Bernard Edwards, for an Act of Heroism By Senator Lincoln; Representative Nicholia Honoring - Native Youth Olympians By Senator Hoffman; Representatives Ivan, Moses In Memoriam - Max Hiram Sherrod By Representatives Ogan, Kohring; Senator Green In Memoriam - Wassilie J. Andrew By Representative Ivan; Senator Hoffman In Memoriam - Sophie "Kaagyugaq" Nicholai By Representative Ivan; Senator Hoffman In Memoriam - Alma Josephine Roehl By Representative Ivan; Senator Hoffman In Memoriam - Brandon Gale Power By Representative Ivan; Senator Hoffman In Memoriam - Charlie "Enakak" David By Representative Ivan; Senator Hoffman In Memoriam - Lynn Campbell By Senator Taylor; Representative Williams 1997-05-06 House Journal Page 1553 In Memoriam - Brian "Mac" MacManus By Senator Taylor; Representative Williams In Memoriam - Genevieve F. Andrews By Senator Duncan; Representatives Elton, Hudson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 272 HOUSE BILL NO. 272 by Representative Green, entitled: "An Act to permit a court to order a defendant who receives a sentence of imprisonment for a misdemeanor to serve the sentence by electronic monitoring; and relating to the crime of unlawful evasion." was read the first time and referred to the Judiciary Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 63 The following was read the second time: HOUSE BILL NO. 63 "An Act extending the motor fuel tax exemption for fuel sold for use in jet propulsion aircraft to fuel used in those aircraft for flights that continue from a foreign country; and providing for an effective date." with the: Journal Page TRA RPT CS(TRA) NT 4DP 2NR 504 FISCAL NOTE (REV) 504 FIN RPT CS(FIN) NT 4DP 3NR 1AM 986 FISCAL NOTE (REV) 986 RLS RPT CS(RLS) NT 2DP 4NR 1287 1997-05-06 House Journal Page 1554 HB 63 FISCAL NOTE (REV) 4/4/97 1287 RLS RPT CS(2d RLS) NT 2DP 4NR 1AM 1396 FISCAL NOTE (REV) 4/4/97 1397 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. 63(2d RLS) "An Act amending the definition of 'motor fuel' under the state's motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinery's capacity is expanded, to add exemption from the tax for certain number 6 'residual fuel oil,' also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ryan: Page 1, line 8, following "expanded," (title amendment): Insert "and" Page 1, lines 9 - 10 (title amendment): Delete ", and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume" Page 2, lines 3 - 9: Delete all material. 1997-05-06 House Journal Page 1555 HB 63 Page 2, line 10: Delete "* Sec. 2." Insert "* Section 1." Renumber the following bill sections accordingly. Page 4, lines 29 - 31: Delete "ªFUEL WHICH IS AT LEAST 10 PERCENT ALCOHOL BY VOLUME; (G)ß" Insert "fuel which is at least 10 percent alcohol by volume; (G)" Page 5, line 1: Delete "(G) ª(H)ß" Insert "(H)" Page 5, line 3: Delete "(H) ª(I)ß" Insert "(I)" Page 5, line 5: Delete "(I) ª(J)ß" Insert "(J)" Page 5, line 7: Delete "(J) ª(K)ß" Insert "(K)" Page 5, line 9: Delete "(K) ª(L)ß" Insert "(L)" Page 5, line 12: Delete "(L)" Insert "(M)" Representative Ryan moved and asked unanimous consent that Amendment No. 1 be adopted. 1997-05-06 House Journal Page 1556 HB 63 Representative Therriault objected. The Speaker stated that, without objection, CSHB 63(2nd RLS) with pending Amendment No. 1, would be moved down the calendar to follow CSHCR 16(FIN) am. HB 127 The following was read the second time: 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." with the: Journal Page HES RPT CS(HES) NT 2DP 4NR 1288 INDETERMINATE FISCAL NOTE (ADM) 1289 FISCAL NOTE (ADM) 1289 ZERO FISCAL NOTE (DHSS) 1289 FIN RPT CS(FIN) NT 5DP 2NR 1511 INDETERMINATE FISCAL NOTE (ADM) 4/23/97 1512 FISCAL NOTE (H.FIN/ADM) 1512 ZERO FISCAL NOTE (DHSS) 4/23/97 1512 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. 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." 1997-05-06 House Journal Page 1557 HB 127 There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB127(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 127(FIN) was read the third time. The question being: "Shall CSHB 127(FIN) pass the House?" The roll was taken with the following result: CSHB 127(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, 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, Sanders, Vezey, Williams Excused: Kookesh Absent: Therriault And so, CSHB 127(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 127(FIN) was referred to the Chief Clerk for engrossment. HB 212 The following was read the second time: 1997-05-06 House Journal Page 1558 HB 212 HOUSE BILL NO. 212 "An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages in the unorganized borough; and providing for an effective date." with the: Journal Page CRA RPT 2DP 3NR 1009 ZERO FISCAL NOTE (DCRA) 1010 JUD REFERRAL WAIVED 1494 Title Amendment was offered by Representative Kubina: Page 1, lines 2-3: Delete "in the unorganized borough" Representative Kubina moved and asked unanimous consent that the title amendment be adopted. There being no objection, it was so ordered and the new title appears below: HOUSE BILL NO. 212(title am) "An Act relating to determination of an established village for purposes of regulating the sale, use, and possession of alcoholic beverages; and providing for an effective date." Representative Porter moved and asked unanimous consent that HB212(title am) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 212(title am) was read the third time. The question being: "Shall HB 212(title am) pass the House?" The roll was taken with the following result: HB 212(title am) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 1997-05-06 House Journal Page 1559 HB 212 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kohring, Vezey Excused: Kookesh Ogan changed from "Nay" to "Yea". And so, HB 212(title 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. HB 212(title am) was referred to the Chief Clerk for engrossment. HB 241 The following was read the second time: 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." with the: Journal Page CRA RPT 7DP 1289 ZERO FISCAL NOTE (ADM) 1290 1997-05-06 House Journal Page 1560 HB 241 STA REFERRAL WAIVED 1494 FIN REFERRAL WAIVED 1533 Amendment No. 1 was offered by Representative Croft: Page 1, line 11: Delete all material. Page 1, line 12: Delete "* Sec. 2." Insert "* Section 1." Renumber the following bill section accordingly. Representative Croft 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. Amendment No. 2 was offered by Representative Croft: Page 1, line 4 (title amendment): Delete "up to" in both places. Insert "equal to at least" in both places. Page 1, line 8 (title amendment): Delete "up to" Insert "equal to at least" Page 2, line 10: Delete "up to" Insert "equal to at least" Following "month": Insert "as established by regulation of the Department of Administration" Page 2, line 13: Delete "up to" Insert "equal to at least" 1997-05-06 House Journal Page 1561 HB 241 Following "$2,000": Insert "as established by regulation of the Department of Administration" Page 2, line 30: Delete "up to" Insert "equal to at least" Following "$5,000": Insert "as established by regulation of the Department of Administration" Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted and the new title appears below: HOUSE BILL NO. 241 am "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 equal to at least $100, cash dividends and other income equal to at least $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 equal to at least a total value of $5,000; and providing for an effective date." Representative Porter moved and asked unanimous consent that HB241 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 241 am was read the third time. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Rokeberg Representative Phillips 1997-05-06 House Journal Page 1562 HB 241 Objection was heard, and the members were required to vote. The question being: "Shall HB 241 am pass the House?" The roll was taken with the following result: HB 241 am 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, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Kookesh Barnes changed from "Nay" to "Yea". Sanders changed from "Nay" to "Yea". And so, HB 241 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. Representative Rokeberg gave notice of reconsideration of his vote on HB 241 am and it was taken up later. HB 243 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243 "An Act delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date." 1997-05-06 House Journal Page 1563 HB 243 with the: Journal Page RES RPT CS(RES) 5DP 2NR 1464 FISCAL NOTE (F&G) 1465 The Rules Committee submitted the following fiscal note: Zero fiscal note, House Resources Committee/Dept. of Fish & Game, 5/6/97 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 243(RES) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSSSHB 243(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 243(RES) was read the third time. The question being: "Shall CSSSHB 243(RES) pass the House?" The roll was taken with the following result: CSSSHB 243(RES) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Sanders, Williams 1997-05-06 House Journal Page 1564 HB 243 Excused: Kookesh Absent: Bunde, Croft, Dyson, Ryan, Therriault, Vezey And so, CSSSHB 243(RES) 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. CSSSHB 243(RES) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 175 The following was read the second time: SENATE BILL NO. 175 "An Act relating to revenue bonds issued by the Alaska Industrial Development and Export Authority for interties between Healy and Fairbanks and between Anchorage and the Kenai Peninsula; and providing for an effective date." with the: Journal Page FIN RPT 9DP 1406 SENATE ZERO FISCAL NOTE (DCED) 4/21/97 1407 Representative Porter moved and asked unanimous consent that SB175 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 175 was read the third time. The question being: "Shall SB 175 pass the House?" The roll was taken with the following result: 1997-05-06 House Journal Page 1565 SB 175 SB 175 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, 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, Sanders, Therriault, Williams Excused: Kookesh Absent: Croft, Dyson, Vezey And so, SB 175 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. SB 175 was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE RESOLUTIONS HJR 33 The following was read the second time: HOUSE JOINT RESOLUTION NO. 33 Relating to Federal Aviation Administration approval of installations of tundra tires on aircraft. with the: Journal Page TRA RPT CS(TRA) 5DP 920 ZERO FISCAL NOTE (H.TRA/DOT) 920 1997-05-06 House Journal Page 1566 HJR 33 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 33(TRA) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHJR33(TRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 33(TRA) was read the third time. The question being: "Shall CSHJR 33(TRA) pass the House?" The roll was taken with the following result: CSHJR 33(TRA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, 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, Sanders, Therriault, Vezey, Williams Excused: Kookesh Absent: Dyson And so, CSHJR 33(TRA) passed the House and was referred to the Chief Clerk for engrossment. 1997-05-06 House Journal Page 1567 HOUSE RESOLUTIONS IN SECOND READING HCR 16 The following, which had been held to today's calendar (page 1527), was before the House: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(FIN) am Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. Representative Porter moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 1 (page 1526). Objection was heard. The question being: "Shall the House rescind previous action in adopting Amendment No. 1?" The roll was taken with the following result: CSHCR 16(FIN) am Second Reading Rescind previous action/Amendment No. 1 YEAS: 25 NAYS: 11 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Cowdery, Davis, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Excused: Kookesh Absent: Bunde, Dyson, Green And so, the motion passed. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1997-05-06 House Journal Page 1568 HCR 16 CSHCR 16(FIN) am Second Reading Amendment No. 1 YEAS: 15 NAYS: 21 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Martin, Moses, Nicholia, Williams Nays: Barnes, Cowdery, Davis, Foster, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Kookesh Absent: Bunde, Dyson, Green And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Grussendorf: Page 2, line 22, following "increase": Insert "and continue the power sale agreements" Representative Grussendorf moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Barnes objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHCR 16(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kubina, Moses, Nicholia, Williams 1997-05-06 House Journal Page 1569 HCR 16 Nays: Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Kookesh Absent: Bunde And so, Amendment No. 2 was not adopted. The question being: "Shall CSHCR 16(FIN) pass the House?" The roll was taken with the following result: CSHCR 16(FIN) Second Reading Final Passage YEAS: 24 NAYS: 14 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Berkowitz, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Austerman, Brice, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Moses, Nicholia, Williams Excused: Kookesh Absent: Bunde And so, CSHCR 16(FIN) passed the House. Representative Kubina gave notice of reconsideration of his vote on CSHCR 16(FIN). SECOND READING OF HOUSE BILLS (Continued) HB 63 The following, which had been moved down the calendar to follow CSHCR 16(FIN) am (page 1556) was before the House with Amendment No. 1 moved and pending: 1997-05-06 House Journal Page 1570 HB 63 CS FOR HOUSE BILL NO. 63(2d RLS) "An Act amending the definition of 'motor fuel' under the state's motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinery's capacity is expanded, to add exemption from the tax for certain number 6 'residual fuel oil,' also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date." The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 63(2d RLS) Second Reading Amendment No. 1 YEAS: 8 NAYS: 30 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Berkowitz, Croft, Kemplen, Kohring, Martin, Masek, Ryan Nays: Austerman, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kott, Kubina, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Excused: Kookesh Absent: Cowdery And so, Amendment No. 1 was not adopted. 1997-05-06 House Journal Page 1571 HB 63 Amendment No. 2 was offered by Representatives Rokeberg and Ryan: Page 1, lines 9 - 10 (title amendment): Delete "delete" Insert "amend" Page 2, lines 3 - 9: Delete all material. Page 2, line 10: Delete "* Sec. 2." Insert "* Section 1." Renumber the following bill sections accordingly. Page 4, lines 29 - 31: Delete "ªFUEL WHICH IS AT LEAST 10 PERCENT ALCOHOL BY VOLUME; (G)ß" Insert "fuel which is at least 10 percent alcohol by volume, but only in an area and during the months in which fuel containing alcohol is sold, transferred, or used in an effort to attain air quality standards for carbon monoxide as required by federal or state law or regulation; (G)" Page 5, line 1: Delete "(G) ª(H)ß" Insert "(H)" Page 5, line 3: Delete "(H) ª(I)ß" Insert "(I)" Page 5, line 5: Delete "(I) ª(J)ß" Insert "(J)" Page 5, line 7: Delete "(J) ª(K)ß" Insert "(K)" 1997-05-06 House Journal Page 1572 HB 63 Page 5, line 9: Delete "(K) ª(L)ß" Insert "(L)" Page 5, line 12: Delete "(L)" Insert "(M)" Representative Rokeberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 63(2d RLS) Second Reading Amendment No. 2 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Berkowitz, Croft, Dyson, Kemplen, Kohring, Martin, Masek, Mulder, Rokeberg, Ryan Nays: Austerman, Brice, Bunde, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kott, Kubina, Moses, Nicholia, Phillips, Porter, Sanders, Therriault, Vezey, Williams Excused: Kookesh Absent: Cowdery, Ogan And so, Amendment No. 2 was not adopted. Representative Porter moved and asked unanimous consent that CSHB63(2d RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 63(2d RLS) was read the third time. 1997-05-06 House Journal Page 1573 HB 63 Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Mulder was required to vote. The question being: "Shall CSHB 63(2d RLS) pass the House?" The roll was taken with the following result: CSHB 63(2d RLS) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Nays: Croft, Kohring, Martin, Masek, Ryan Excused: Kookesh Absent: Barnes, Cowdery, Moses And so, CSHB 63(2d 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. Representative Kohring later gave notice of reconsideration of his vote on CSHB 63(2d RLS), and the reconsideration was taken up then. RECONSIDERATION HB 241 Representative Rokeberg moved and asked unanimous consent that the reconsideration of HB 241 am (page 1562) be taken up on the same day. There being no objection, it was so ordered. 1997-05-06 House Journal Page 1574 HB 241 The following was again before the House in third reading: HOUSE BILL NO. 241 am "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 equal to at least $100, cash dividends and other income equal to at least $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 equal to at least a total value of $5,000; and providing for an effective date." The question to be reconsidered: "Shall HB 241 am pass the House?" The roll was taken with the following result: HB 241 am--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Kookesh Absent: Cowdery, Moses And so, HB 241 am passed the House on reconsideration. 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. HB 241 am was referred to the Chief Clerk for engrossment. 1997-05-06 House Journal Page 1575 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 - Evelyn Monsen By Representatives Moses, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - The Music Machine, Janet Carr-Campbell and Darl Schaaff, Directors By Representatives Martin, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Jon Wolcott By Representatives Barnes, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Pete Hoepfner By Representatives Barnes, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Sam Pekovich By Representatives Barnes, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Tony McCormick By Representatives Barnes, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-05-06 House Journal Page 1576 Honoring - Cheetah Readers, Airport Heights Elementary School By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Recognizing - Nobody Gets Hurt Week By Senator Leman; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Green, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Chugiak High School Science Olympiad Team, 1997 State Champions By Senators Phillips, Halford; Representatives Dyson, Kohring, Kott, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Albert "Van" Van Ornum By Senators Phillips, Halford; Representatives Dyson, Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Marietta Williams By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Green, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - William R. Bill Nix By Representatives Elton, Hudson, Phillips, Berkowitz, Brice, Croft, Davies, Foster, Green, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Duncan 1997-05-06 House Journal Page 1577 UNFINISHED BUSINESS HB 159 The Speaker added a Finance Committee referral for the following: 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." SSHB 159 was removed from the Rules Committee and referred to the Finance Committee. SB 3 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: CS FOR SENATE BILL NO. 3(JUD) "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." CSSB 3(JUD) is in the Judiciary Committee. CONCUR IN SENATE AMENDMENTS HB 6 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1543) on the following at this 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 6(FIN) am S "An Act relating to minors and amending laws relating to the disclosure of information relating to certain minors; and amending Rule 3(c), Alaska Delinquency Rules." (Technical title change) 1997-05-06 House Journal Page 1578 HB 6 There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 6(FIN) am, thus adopting SCS CSHB 6(FIN) amS, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 6(FIN) am? The roll was taken with the following result: SCS CSHB 6(FIN) am S Concur YEAS: 30 NAYS: 3 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Davies, Joule Excused: Kookesh Absent: Croft, Kemplen, Kohring, Kubina, Moses, Nicholia And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 6(FIN) 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 court rule change. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 6(FIN) am S was referred to the Chief Clerk for enrollment. HB 18 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1462) on the following at this time: 1997-05-06 House Journal Page 1579 HB 18 HOUSE BILL NO. 18 "An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities." and HOUSE BILL NO. 18 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 18, thus adopting HB 18 am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to HB 18? The roll was taken with the following result: HB 18 am S Concur YEAS: 34 NAYS: 2 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Nays: Sanders, Vezey Excused: Kookesh Absent: Croft, Kubina, Moses And so, the House concurred in the Senate amendment, thus adopting HB 18 am S. 1997-05-06 House Journal Page 1580 HB 18 The Chief Clerk was instructed to so notify the Senate. HB 18 am S was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HCR 6 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Alcohol-Related Birth Defects Awareness Week. HCR 6 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 162 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Green, Chair: HOUSE BILL NO. 162 "An Act relating to the sale or purchase of authentic Native handicrafts on certain licensed premises; and providing for an effective date." HB 162 was removed from the Judiciary Committee and referred to the Finance Committee. HB 170 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Green, Chair: HOUSE BILL NO. 170 "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their training period." HB 170 was removed from the Judiciary Committee and referred to the Finance Committee. 1997-05-06 House Journal Page 1581 SB 152 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: CS FOR SENATE BILL NO. 152(FIN) "An Act relating to certified nurse aides; and providing for an effective date." CSSB 152(FIN) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. RECONSIDERATION HB 63 Representative Kohring gave notice of reconsideration of his vote on CSHB 63(2d) RLS) (page 1573). Representative Kohring moved and asked unanimous consent that the reconsideration of CSHB 63(2d RLS) be taken up on the same day. Objection was heard. Representative Therriault placed a call of the House. Objection was withdrawn. Representative Therriault lifted the call. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 63(2d RLS) "An Act amending the definition of 'motor fuel' under the state's motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinery's capacity is expanded, to add exemption from the tax for certain number 6 1997-05-06 House Journal Page 1582 HB 63 'residual fuel oil,' also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date." The question to be reconsidered: "Shall CSHB 63(2d RLS) pass the House?" The roll was taken with the following result: CSHB 63(2d RLS)--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 5 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Berkowitz, Brice, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Nays: Croft, Kohring, Martin, Ogan, Ryan Excused: Kookesh Absent: Barnes, Bunde, Cowdery, Masek, Moses, Mulder And so, CSHB 63(2d RLS) passed the House on reconsideration. 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 63(2d RLS) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HCR 18 Representatives Kubina, Austerman, Dyson and Ivan added their names as cosponsors to: 1997-05-06 House Journal Page 1583 HCR 18 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 Kott 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 63 Representative Kubina added his name as cosponsor to: CS FOR HOUSE BILL NO. 63(2d RLS) "An Act amending the definition of 'motor fuel' under the state's motor fuel tax to add, as a part of the tax exemption set out in that definition, exemption from the tax for fuel sold for use in jet propulsion aircraft operating in flights that continue from foreign countries, subject to termination of the exemption for that fuel if a refiner operating a refinery at which the fuel was produced fails to comply with terms of a voluntary agreement entered into by the refiner to use Alaska residents, contractors, and suppliers to provide goods and services when the refinery's capacity is expanded, to add exemption from the tax for certain number 6 'residual fuel oil,' also known as bunker fuel, and to delete the exemption from the tax for fuel that is at least 10 percent alcohol by volume; and repealing ch. 42, SLA 1994, the Act providing for the imposition of a different tax levy on residual fuel oil used in and on certain watercraft until June 30, 1998; and providing for an effective date." HB 241 Representatives Davies, Hudson, Elton, Porter, Kemplen, Rokeberg, Mulder and Kelly added their names as cosponsors to: 1997-05-06 House Journal Page 1584 HB 241 HOUSE BILL NO. 241 am "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 equal to at least $100, cash dividends and other income equal to at least $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 equal to at least a total value of $5,000; and providing for an effective date." SB 175 Representatives Brice, Barnes and Phillips added their names as cross sponsors to: SENATE BILL NO. 175 "An Act relating to revenue bonds issued by the Alaska Industrial Development and Export Authority for interties between Healy and Fairbanks and between Anchorage and the Kenai Peninsula; and providing for an effective date." SJR 25 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: 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. ENGROSSMENT HJR 33 CSHJR 33(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1997-05-06 House Journal Page 1585 HB 63 CSHB 63(2d RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 127 CSHB 127(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 212 HB 212(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 241 HB 241 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 243 CSSSHB 243(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 266 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 BILL NO. 266 "An Act relating to limited liability companies and limited partnerships; and providing for an effective date." ENROLLMENT HB 25 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 8:15 a.m., May 6, 1997: CS FOR HOUSE BILL NO. 25(RES) "An Act relating to the issuance of hunting, trapping, and noncommercial fishing licenses, tags, and permits and to residency for fish and game purposes; and providing for an effective date." 1997-05-06 House Journal Page 1586 HB 103 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 8:15 a.m., May 6, 1997: CS FOR HOUSE BILL NO. 103(FIN) "An Act repealing certain state funds and accounts and boards, limitations, and programs related to those funds and accounts; and providing for an effective date." HB 106 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 8:15 a.m., May 6, 1997: HOUSE BILL NO. 106 "An Act relating to the municipal assistance program and the organization grant program; and providing for an effective date." HB 107 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 8:15 a.m., May 6, 1997: HOUSE BILL NO. 107 "An Act relating to water quality enhancement and water supply, wastewater, and solid waste systems grants; and providing for an effective date." HB 115 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 8:15 a.m., May 6, 1997: CS FOR HOUSE BILL NO. 115(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." 1997-05-06 House Journal Page 1587 ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 5/6 meeting RESCHEDULED TO: 2:15 p.m., 5/6 Judiciary Committee 1:00 p.m., 5/6 meeting RESCHEDULED TO: 2:15 p.m., 5/6 Resources Committee 1:00 p.m., 5/6 meeting RESCHEDULED TO: 2:15 p.m., 5/6 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 7, 1997. There being no objection, the House adjourned at 1:54 p.m. Suzi Lowell Chief Clerk