Legislature(1997 - 1998)
1997-05-08 House Journal
Full Journal pdf1997-05-08 House Journal Page 1643 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday May 8, 1997 One Hundred Sixteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:15 a.m. Roll call showed 39 members present. Representative Kott was absent and his presence was noted later. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Elton 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 power, patience and understanding: As this legislative session draws toward closure, we reflect back on all that has gone before us. There has been much emotional, intellectual and financial energy expended. From all sides there have been strong opinions and diverse reactions that have both torn down and built up each person. Help us to reflect upon what has occurred with an attitude that is open to growth and greater understanding of the diverse needs of our state. May new insights be learned, and may Alaska and its people benefit from the struggles and decisions that have taken place, and those yet to come. In all the legislative action and reaction we remember the people who serve and who are served. May they always be the focus of all that transpires. 1997-05-08 House Journal Page 1644 In the midst of the difficult and often controversial realities of legislative decision-making is the reality of the fragileness of life. Be with each person here in their journey of life. In our lives and in the lives of our families, are such realities as physical or mental illness, homelessness, chemical dependency, death of a loved one, loss of a job, encounter with the law or other transitions that cause concern. Be with all who experience such realities, that they might experience your loving presence and the support of others. May these fragile moments lead to a greater sensitivity to the needs of others as we make decisions. In the frenzy of these remaining days, we ask your continual presence with each and every person gathered here this day. In Your Holy Name, Amen." The Pledge of Allegiance was led by Representative Grussendorf. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 115th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 16 A message dated May 7, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 16 Relating to a federal balanced budget amendment. Legislative Resolve No. 20 1997-05-08 House Journal Page 1645 HJR 23 A message dated May 7, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 23 Relating to the seizure and sale of Alaska commercial fishing entry permits by the United States Internal Revenue Service. Legislative Resolve No. 21 SCR 7 A message dated May 7, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 7 Relating to the thirty-first annual Boys' State. Legislative Resolve No. 18 SCR 8 A message dated May 7, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 8 Relating to the twenty-ninth annual Girls' State. Legislative Resolve No. 17 SJR 20 A message dated May 7, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 20(RLS) am H Requesting the United States Congress to accommodate Alaska's 1997-05-08 House Journal Page 1646 SJR 20 unique wetlands circumstances by amending the Clean Water Act to modify the wetlands regulatory program and to recognize Alaska's outstanding history of wetlands conservation. Legislative Resolve No. 19 SJR 24 A message dated May 7, 1997, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 24(RES) Relating to the Tongass Land Management Plan and to continued Congressional oversight of that plan. Legislative Resolve No. 16 SB 8 A message dated May 7, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 8 am "An Act relating to the noise levels of airports and sport shooting facilities." Chapter No. 19, SLA 1997 Effective Date: August 5, 1997 SB 109 A message dated May 7, 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 CS FOR CS FOR SENATE BILL NO. 109(FIN) "An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction 1997-05-08 House Journal Page 1647 SB 109 of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that relate to agricultural land and agricultural homesteads." Chapter No. 20, SLA 1997 Effective Date: August 5, 1997 MESSAGES FROM THE SENATE HB 35 A message dated May 7, 1997, was read stating the Senate has passed: HOUSE BILL NO. 35 "An Act extending the termination date of the Alaska regional economic assistance program; and providing for an effective date." HB 35 was referred to the Chief Clerk for enrollment. HB 147 A message dated May 7, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 147(HES) am "An Act relating to the expenses of housing nonresident charter school students; relating to authorizing charter school programs to provide domiciliary and other services to nonresident charter school students; relating to duties of the state Board of Education; and relating to the establishment of state boarding schools." CSHB 147(HES) am was referred to the Chief Clerk for enrollment. HB 153 A message dated May 7, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 153(FIN) "An Act relating to the eligibility of aliens for state public assistance and medical assistance programs affected by federal welfare reform legislation; and providing for an effective date." CSHB 153(FIN) was referred to the Chief Clerk for enrollment. 1997-05-08 House Journal Page 1648 HB 83 A message dated May 7, 1997, was read stating the Senate has passed CSHB 83(STA) with the following amendment: Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS19.10.300, enacted by Executive Order 98, is amended by adding a new subsection to read: (g) A person operating a commercial motor vehicle shall carry proof of insurance. If a person operating a commercial motor vehicle is involved in an accident with another person, the person operating the commercial vehicle shall display the proof of insurance required under this subsection to the other person. In this subsection, "proof of insurance" means a certificate of self-insurance issued by the department under AS28.20.400, or a card issued by an insurer authorized to transact insurance in this state that indicates that the person is insured as required by this section, that contains local or toll free telephone numbers for filing or receiving claim information, and that indicates the name and address of the insurer." Page 1, line 4: Delete "* Section 1." Insert "* Sec. 2." Renumber the following bill sections accordingly. And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 83(STA) am S "An Act relating to regulation of commercial vehicles; and providing for an effective date." CSHB 83(STA) is under Unfinished Business. HB 151 A message dated May 7, 1997, was read stating the Senate has passed CSHB 151(RES) am with the following amendment and it is transmitted for consideration: 1997-05-08 House Journal Page 1649 HB 151 SENATE CS FOR CS FOR HOUSE BILL NO. 151(RES) "An Act relating to personal hunting of big game by big game guides while clients are in the field, to activities of transporters in the field, to use area registration for portions of additional guide use areas by registered guides, to oral examinations for a registered guide license or a game management unit certification, and to eligibility for big game guide licenses, game management unit certifications, or a transporter license." CSHB 151(RES) am is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 6, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 178 CS FOR SENATE BILL NO. 178(FIN) am by the Senate Finance Committee, entitled: "An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Rosalyn C. Wyche as a member of the Board of Barbers and Hairdressers. 1997-05-08 House Journal Page 1650 The report was signed by Representative Rokeberg, Chair; and, Representatives Cowdery, Hudson, Sanders, Ryan, Brice and Kubina. 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. HB 159 The Finance 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(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (2): Mulder, Kohring Do not pass (2): Martin, Foster No recommendation (4): Therriault, Hanley, Grussendorf, Davis Amend (1): Davies The following fiscal notes apply to CSSSHB 159(FIN): Zero fiscal note, Dept. of Administration, 5/8/97 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 1997-05-08 House Journal Page 1651 HB 159 SSHB 159 is on today's calendar. **The presence of Representative Kott was noted. HB 199 The Judiciary Committee has considered: HOUSE BILL NO. 199 "An Act relating to the property, transactions, and obligations of spouses; relating to the augmented estate; amending Rule 301, Alaska Rules of Evidence; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Porter, Croft, James No recommendation (4): Rokeberg, Green, Bunde, Berkowitz The following fiscal notes apply to CSHB 199(JUD): Zero fiscal note, Alaska Court System, 5/8/97 Zero fiscal note, Dept. of Commerce & Economic Development, 5/8/97 HB 199 was referred to the Rules Committee for placement on the calendar. HB 265 The State Affairs Committee has considered: HOUSE BILL NO. 265 "An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor." 1997-05-08 House Journal Page 1652 HB 265 and recommends it be replaced with: CS FOR HOUSE BILL NO. 265(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Ivan No recommendation (3): Elton, Berkowitz, Dyson The following fiscal notes apply to CSHB 265(STA): Zero fiscal note, Dept. of Environmental Conservation, 5/8/97 Zero fiscal note, Dept. of Commerce & Economic Development, 5/8/97 HB 265 was referred to the Rules Committee for placement on the calendar. SB 126 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 126(FIN) "An Act relating to the retirement incentive program for state employees; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Sanders, Kubina No recommendation (3): Cowdery, Brice, Ryan Amend (1): Rokeberg The following fiscal notes apply: 1997-05-08 House Journal Page 1653 SB 126 Senate indeterminate fiscal note, Office of the Governor/All Depts., 3/25/97 Senate zero fiscal note, Dept. of Administration, 3/25/97 CSSB 126(FIN) was referred to the Finance Committee. SB 141 The Finance Committee has considered: CS FOR SENATE BILL NO. 141(RLS) am "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Martin, Kohring, Foster No recommendation (4): Therriault, Hanley, Grussendorf, Davis Amend (1): Davies The following fiscal notes apply to HCS CSSB 141(FIN): Senate fiscal note, Dept. of Public Safety, 4/3/97 Senate zero fiscal notes (2), Dept. of Public Safety, 3/26/97 CSSB 141(RLS) am is on today's calendar. SB 149 The Finance Committee has considered: SENATE BILL NO. 149 "An Act relating to reports and audits concerning health care facilities; and providing for an effective date." 1997-05-08 House Journal Page 1654 SB 149 The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Therriault, Martin, Davies, Moses, Davis, Foster The following fiscal note applies: Senate zero fiscal note, Dept. of Health & Social Services, 4/4/97 SB 149 was referred to the Rules Committee for placement on the calendar. SB 150 The Finance Committee has considered: CS FOR SENATE BILL NO. 150(RLS) am "An Act relating to moving expenses of state employees, to compensatory time for state employees, and to calculation of compensation for the public employees' retirement system." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 150(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (3): Mulder, Martin, Kohring No recommendation (3): Therriault, Hanley, Davis The following fiscal note applies to HCS CSSB 150(FIN): Senate zero fiscal note, Senate State Affairs Committee/All Depts., 4/4/97 CSSB 150(RLS) am was referred to the Rules Committee for placement on the calendar. 1997-05-08 House Journal Page 1655 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dante Maria Chase Foster, 1997 Truman Fellow By Representative Davies Honoring - Barrow Dancers By Representative Joule; Senator Adams Honoring - Skyview Panther Wrestlers, State Champions By Senator Ward In Memoriam - Elmer Gowdy By Representatives Elton, Hudson; Senator Duncan In Memoriam - Lola Tilly By Representative Vezey In Memoriam - Arlene E. Kuhner By Representative Bunde; Senator Donley In Memoriam - Susan N. Jamison By Representative Ivan; Senator Hoffman In Memoriam - Jimmy Evan Aloysius, Sr. By Representative Ivan; Senator Hoffman In Memoriam - Tony Wasili By Representative Ivan; Senator Hoffman In Memoriam - Irene Josephine Benson By Representative Ogan; Senator Green 1997-05-08 House Journal Page 1656 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 273 HOUSE BILL NO. 273 by Representative Masek, entitled: "An Act relating to notification of the public concerning sex offenders." was read the first time and referred to the Judiciary Committee. HB 274 HOUSE BILL NO. 274 by Representative Green, entitled: "An Act relating to the qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil & Gas and the Resources Committee. HB 275 HOUSE BILL NO. 275 by the House Rules Committee by request of the Governor, entitled: "An Act establishing performance standards for elementary and secondary students, requiring a comprehensive system of assessment, and requiring a high school graduation examination." was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations. The following fiscal note applies: Fiscal note, Dept. of Education, 5/8/97 The Governor's transmittal letter, dated May 7, 1997, appears below: 1997-05-08 House Journal Page 1657 HB 275 "Dear Speaker Phillips: Alaskans want the best from our public school system, including the assurance that students earning a high school diploma have mastered the skills necessary to prepare them for the work force. For that reason, I am transmitting this bill establishing educational standards for elementary and secondary students. It requires the Department of Education to set performance standards in reading, writing, and mathematics and to establish systems to assess whether those standards are being met by students in school districts throughout the state. The bill is intended to establish a comprehensive approach to testing of students. It provides for testing to occur early and often during a students years in school. In addition to expecting the most from their child, parents have a right to expect a school district to be accountable for their childs achievement, and have a right to know the child is learning and progressing. Experience from other states shows a single, stand-alone exit test at the end of a students school years is counterproductive; it does not enhance student learning, but rather sets the child up for failure. Instead, comprehensive testing should occur at the primary, intermediate, middle school, and high school levels. Testing which holds both the school district and the student accountable for educational achievement will allow reasonable goals to be accomplished. These goals include expanded parental involvement, measured student progress in basic skills, and remediation for students not reaching appropriate educational standards. Under this bill, the Department of Education would adopt regulations establishing state performance standards for reading, writing, and mathematics and require each school district to develop a system for assessing student progress in meeting those performance standards. School districts would develop a system to provide information to parents and to students about the students progress, along with a program of remediation for those students who are not attaining the standards. The districts would also conduct developmental screening for primary students. 1997-05-08 House Journal Page 1658 HB 275 This bill also requires the Department of Education to determine the form and content of a state graduation examination to be administered to all twelfth grade students after January1, 2003, to test proficiency in reading, writing, and mathematics. A student would be allowed to receive a high school graduation diploma if the student met the school districts requirements and passed the state examination; students who dont pass the state examination would be given a certificate of attendance, not a diploma. If the student passed the examination after retaking it, the student would then be awarded a high school diploma. Enactment of this bill into law will greatly increase the likelihood that students graduating from high schools across Alaska will be able to meet a state standard of proficiency in basic educational skills. The state is long overdue for a comprehensive system of testing to ensure minimum levels of proficiency that any public school student at any grade level anywhere in the state can attain. This is an important bill for Alaskas students and parents. Sincerely, /s/ Tony Knowles Governor" RECONSIDERATION HCR 16 Representative Barnes brought up reconsideration of the vote on CSHCR16(FIN), which had been held until today (page 1632). The following was again before the House in second reading: CS FOR HOUSE CONCURRENT RESOLUTION NO. 16(FIN) Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. The question to be reconsidered: "Shall CSHCR 16(FIN) pass the House?" The roll was taken with the following result: 1997-05-08 House Journal Page 1659 HCR 16 CSHCR 16(FIN)--RECONSIDERATION Second Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Berkowitz, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Nays: Austerman, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Moses, Nicholia, Williams Absent: Rokeberg Williams changed from "Yea" to "Nay". And so, CSHCR 16(FIN) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 159 The following was read the second time: 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." with the: Journal Page L&C RPT CS(L&C) 4DP 1NR 1AM 1132 2 FISCAL NOTES (COURT, DCED) 1133 4 ZERO FISCAL NOTES (DPS, REV, LAW, ADM) 1133 JUD RPT CS(JUD) 3DP 4NR 1547 2 FISCAL NOTES (COURT, DCED) 4/17/97 1547 1997-05-08 House Journal Page 1660 HB 159 4 ZERO FNS (DPS, REV, LAW, ADM) 4/17/97 1547 FIN RPT CS(FIN) 2DP 2DNP 4NR 1AM 1650 FISCAL NOTE (ADM) 1650 2 FISCAL NOTES (COURT, DCED) 4/17/97 1650 4 ZERO FNS (DPS, REV, LAW, ADM) 4/17/97 1650 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. 159(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 2, line 3, following "purchase,": Insert "attempt to purchase," Page 2, line 6, following "possess": Insert "or attempt to purchase" Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSSHB 159(FIN) Second Reading Amendment No. 1 YEAS: 22 NAYS: 15 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Cowdery, Dyson, Green, Hodgins, Hudson, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1997-05-08 House Journal Page 1661 HB 159 Nays: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, Joule, Kubina, Martin, Moses, Nicholia Absent: Hanley, Kemplen, Kookesh And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Cowdery: Page 1, lines 6 & 8: Delete "19" Insert "19 ª21ß" Page 2, line 4: Delete "19" Insert "21" Delete "19" Insert "21" Page 2, lines 14 & 30: Delete "19" Insert "21" Page 3, lines 18, 19 & 27: Delete "19" Insert "21" Page 4, line 22: Delete "19" Insert "21" Representative Cowdery moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1662 HB 159 CSSSHB 159(FIN) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 30 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Cowdery, Dyson, Hodgins, Kemplen, Kohring, Kott, Mulder, Sanders, Williams Nays: Austerman, Barnes, Berkowitz, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kookesh, Kubina, Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey And so, Amendment No. 2 was not adopted. Representative Porter moved and asked unanimous consent that CSSSHB159(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSSHB 159(FIN) am will be in third reading on tomorrow's calendar. HB 170 The following was read the second time: 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." with the: Journal Page HES RPT CS(HES) NT 2DP 3NR 907 ZERO FISCAL NOTE (LAW) 908 JUD REFERRAL WAIVED 1580 FIN REFERRAL WAIVED 1636 1997-05-08 House Journal Page 1663 HB 170 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. 170(HES) "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre-training and training period." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB170(HES) be considered engrossed, advanced to third reading and placed on final passage. Representative Ryan objected and withdrew the objection. There being no further objection, it was so ordered. CSHB 170(HES) was read the third time. The question being: "Shall CSHB 170(HES) pass the House?" The roll was taken with the following result: CSHB 170(HES) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Vezey Absent: Bunde, Hanley And so, CSHB 170(HES) passed the House and was referred to the Chief Clerk for engrossment. 1997-05-08 House Journal Page 1664 HB 189 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189 "An Act relating to sale of tobacco and tobacco products; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 4DP 1NR 1211 2 ZERO FISCAL NOTES (DPS, REV) 1211 JUD RPT CS(JUD) NT 3DP 4NR 1597 2 ZERO FISCAL NOTES (DPS, REV) 4/21/97 1597 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. 189(JUD) "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSSSHB189(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSSHB 189(JUD) will be in third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 9 The following was read the second time: SENATE BILL NO. 9 "An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date." 1997-05-08 House Journal Page 1665 SB 9 with the: Journal Page CRA RPT 3DP 2NR 1367 2 SENATE ZERO FNS (DCRA, ADM) 3/10/97 1367 FIN RPT 7DP 2NR 1601 2 SEN ZERO FNS (ADM, DCRA) 3/10/97 1602 Representative Porter moved and asked unanimous consent that SB 9 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 9 was read the third time. The question being: "Shall SB 9 pass the House?" The roll was taken with the following result: SB 9 Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Masek, Ogan, Vezey Absent: Hanley And so, SB 9 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 9 was signed by the Speaker and Chief Clerk and returned to the Senate. 1997-05-08 House Journal Page 1666 SB 13 The Speaker stated that, without objection, the following would be moved down the calendar to follow CSSB 141(RLS) am: CS FOR SENATE BILL NO. 13(RLS) "An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date." SB 49 The following was read the second time: SENATE BILL NO. 49 "An Act repealing certain filing statements and bonds for enforcement and collection of certain taxes and license fees; relating to service of process on nonresident taxpayers; and providing for an effective date." with the: Journal Page FIN RPT 6DP 1NR 1291 2 SENATE ZERO FNS (REV, DCED) 1/15/97 1291 Representative Porter moved and asked unanimous consent that SB 49 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 49 was read the third time. The question being: "Shall SB 49 pass the House?" The roll was taken with the following result: SB 49 Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 1997-05-08 House Journal Page 1667 SB 49 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Sanders, Therriault, Vezey, Williams Nays: Ogan, Rokeberg Absent: Hanley And so, SB 49 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 49 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 106 The following was read the second time: SENATE BILL NO. 106 "An Act relating to the bond required of a notary public." with the: Journal Page JUD RPT 5DP 1369 SENATE ZERO FISCAL NOTE (COURT) 3/10/97 1370 Representative Porter moved and asked unanimous consent that SB106 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 106 was read the third time. The question being: "Shall SB 106 pass the House?" The roll was taken with the following result: 1997-05-08 House Journal Page 1668 SB 106 SB 106 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 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, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, SB 106 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 112 The following was read the second time: CS FOR SENATE BILL NO. 112(JUD) "An Act relating to marriage licenses; and transferring responsibility for marriage licensing from judicial officers to the state registrar of vital statistics." with the: Journal Page JUD RPT 5DP 1370 2 SENATE ZERO FNS (DHSS, COURT) 4/1/97 1370 Representative Porter moved and asked unanimous consent that CSSB112(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 112(JUD) was read the third time. The question being: "Shall CSSB 112(JUD) pass the House?" The roll was taken with the following result: 1997-05-08 House Journal Page 1669 SB 112 CSSB 112(JUD) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 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, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, CSSB 112(JUD) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 141 The following was read the second time: CS FOR SENATE BILL NO. 141(RLS) am "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." with the: Journal Page FIN RPT HCS(FIN) 4DP 4NR 1AM 1653 SENATE FISCAL NOTE (DPS) 4/3/97 1653 2 SENATE ZERO FISCAL NOTES (DPS) 3/26/97 1653 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) (same title) There being no objection, it was so ordered. The Speaker stated that HCS CSSB 141(FIN) would be held in second reading to tomorrow's calendar. 1997-05-08 House Journal Page 1670 SB 13 The following, which had been moved down the calendar to follow CSSB 141(RLS) am (page 1666), was read the second time: CS FOR SENATE BILL NO. 13(RLS) "An Act relating to taxes on cigarettes and tobacco products and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state; and providing for an effective date." with the: Journal Page HES RPT HCS(HES) 4DP 1DNP 1NR 1290 SENATE FISCAL NOTE (REV) 4/7/97 1290 FIN RPT HCS(HES) 1DP 5DNP 5NR 1320 SENATE FISCAL NOTE (REV) 4/7/97 1321 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Vezey: Page 2, lines 19-28: Delete all material. Renumber the following bill sections accordingly. Representative Vezey moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. Representative Ryan placed a call of the House The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: 1997-05-08 House Journal Page 1671 SB 13 Representative Ryan Representative Mulder Representative Brice Representative Hodgins Representative Rokeberg Representative Barnes Representative Kott Representative Moses Representative Croft Objection was heard, and the members were required to vote. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 1 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Vezey Nays: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Vezey: Page 2, line 20, following "products": Insert ",except cigars and pipe tobacco," Representative Vezey moved and asked unanimous consent that Amendment No. 2 be adopted. 1997-05-08 House Journal Page 1672 SB 13 Representative Bunde objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, Amendment No. 2 was not adopted. The Speaker stated that, without objection, the House would recess until 6:00 p.m.; and so, the House recessed at 1:03 p.m. AFTER RECESS The Speaker called the House back to order at 6:17 p.m. A second quorum call showed 22 members present. SECOND READING OF SENATE BILLS (Continued) SB 13 Amendment No. 3 was offered by Representative Vezey: Page 3, line 3: Insert a new bill section to read: 1997-05-08 House Journal Page 1673 SB 13 "*Sec. 7. AS 21.09.210, 21.33.055, 21.33.061, 21.34.180 are repealed." Renumber the following bill sections accordingly. Representative Vezey moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Bunde objected. Representative Ryan placed a call of the House and lifted the call. Representative Hudson placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 3 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Ryan, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Nicholia, Porter, Rokeberg, Sanders, Therriault, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Williams: Page 2, lines 20 - 28: Delete all material and insert: "Sec. 43.50.300. Excise tax levied. (a) An excise tax is levied 1997-05-08 House Journal Page 1674 SB 13 (1) on the following tobacco products in the state at the rate of 25 percent of the wholesale price of the tobacco product: (A) cigars, cheroots, and stogies if the wholesale price of the cigar, cheroot, or stogie is more than $1.75; and (B) tobacco in any form suitable for smoking in a pipe; (2) on a tobacco product, except a product described in (1) of this subsection, in the state at the rate of 75 percent of the wholesale price of the tobacco product ªPRODUCTSß. (b) The tax imposed under (a) of this section is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer." Representative Williams moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. The Speaker invoked Section 102 of Mason's Manual regarding debate. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 4 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Foster, Hodgins, Ivan, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Rokeberg, Vezey, Williams Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Ryan, Sanders, Therriault 1997-05-08 House Journal Page 1675 SB 13 Cowdery changed from "Nay" to "Yea". And so, Amendment No. 4 was not adopted.. Amendment No. 5 was offered by Representative Sanders: Page 2, line 1: Delete "There" Insert "Except with respect to cigarettes consumed by any member from District 22 first elected to the House in 1978, there" Page 2, line 9: Delete "There" Insert "Except with respect to cigarettes consumed by any member from District 22 first elected to the House in 1978, there" Page 2, line 17: Delete "There" Insert "Except with respect to cigarettes consumed by any member from District 22 first elected to the House in 1978, there" Page 2, line 20: Delete "An" Insert "Except with respect to tobacco products consumed by any member from District 22 first elected to the House in 1978, an" Representative Sanders moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Barnes objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 5 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Cowdery, Croft, Davies, Foster, Kohring, Kookesh, Kott, Moses, Ogan, Rokeberg, Sanders, Vezey 1997-05-08 House Journal Page 1676 SB 13 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Ryan, Therriault, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Hodgins: Page 2, line 21: Delete "75" Insert "15" Page 2, line 29, through page 3, line 2: Delete all material. Renumber the following bill sections accordingly. Page 3, line 12: Delete "sec. 7" Insert "sec. 6" Page 3, line 18: Delete "6, and 8" Insert "and 7" Page 3, line 19: Delete "sec. 7" Insert "sec. 6" Representative Hodgins moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1677 SB 13 HCS CSSB 13(HES) Second Reading Amendment No. 6 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Hodgins: Page 1, line 8: Delete "(1)" Page 1, line 10: Delete "; and" Insert "." Page 1, lines 11 - 13: Delete all material. Page 2, lines 8 - 18: Delete all material. Renumber the following bill sections accordingly. Page 2, line 21: Delete "75" Insert "20" Page 2, line 29, through page 3, line 27: Delete all material and insert: "* Sec. 4. This Act takes effect October 1, 1997." 1997-05-08 House Journal Page 1678 SB 13 Representative Hodgins moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 7 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was not offered. Amendment No. 9 was offered by Representative Hodgins: Page 3, line 18: Delete "October 1, 1997" Insert "October 1, 2002" Representative Hodgins moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1679 SB 13 HCS CSSB 13(HES) Second Reading Amendment No. 9 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Hodgins: Page 1, line 6, through page 3, line 27: Delete all material and insert: "* Section 1. AS 43.50.090(a) is amended to read: (a) There is levied an excise tax ªOF TWO AND ONE-HALF MILLSß on each cigarette imported or acquired in the state, as follows: (1) the excise tax on each cigarette is 38 mills; each ª. EACHß licensee shall, at the time of filing the return reporting the levy made by this paragraph that is required by AS 43.50.080, pay to the department the excise for the calendar month covered by the return, deducting four-tenths of one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns; cigarettes ª. CIGARETTESß upon which the excise is imposed are not again subject to the excise when acquired by another person; (2) notwithstanding (1) of this subsection, on and after the date that is 30 days after the later of (A) the date a court enters a final judgment that the amendment made to this subsection by this Act changing the rate of taxation on cigarettes violates the prohibition set out in art. IX, sec. 7, Constitution of the State of Alaska, against dedication of the proceeds of a state tax or license, and (B) the expiration of any 1997-05-08 House Journal Page 1680SB 13 time for appeal of that judgment, or upon entry of a final order on the appeal that this subsection, as amended by this Act, violates art. IX, sec.7, Constitution of the State of Alaska, the excise tax on each cigarette is two and one-half mills; each licensee shall, at the time of filing the return reporting the levy made by this paragraph required by AS 43.50.080, pay to the department the excise tax for the calendar month covered by the return, deducting four-tenths of one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns; cigarettes upon which the excise is imposed are not again subject to the excise when acquired by another person; (3) notwithstanding (1) and (2) of this subsection, on and after the date that is two years after the effective date of this Act, the excise tax on each cigarette is two and one-half mills; each licensee shall, at the time of filing the return required by AS 43.50.080, pay to the department the excise tax for the calendar month covered by the return, deducting one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns; cigarettes upon which the excise is imposed are not again subject to the excise when acquired by another person. * Sec. 2. AS 43.50.190(a) is amended to read: (a) There is levied an additional excise tax ªOF 12 MILLSß on each cigarette imported or acquired in this state, as follows: (1) the additional excise tax on each cigarette is 12 mills; (2) notwithstanding (1) of this subsection, on and after the date that is 30 days after the later of (A) the date a court enters a final judgment that the amendment made to AS 43.50.090(a) by this Act changing the rate of taxation on cigarettes violates the prohibition set out in art. IX, sec. 7, Constitution of the State of Alaska, against dedication of the proceeds of a state tax or license, and (B) the expiration of any time for appeal of that judgment, or upon entry of a final order on the appeal that AS 43.50.090(a), as amended by this Act, violates art. IX, sec. 7, Constitution of the State of Alaska, and retroactive to the effective date of this Act the additional excise tax on each cigarette is 47.5 mills; 1997-05-08 House Journal Page 1681SB 13 (3) notwithstanding (1) and (2) of this subsection, on and after the date that is two years after the effective date of this Act, the additional excise tax on each cigarette is 12 mills. * Sec. 3. AS 43.50.300 is amended to read: Sec. 43.50.300. Excise tax levied. An excise tax is levied on tobacco products in the state ªAT THE RATE OF 25 PERCENT OF THE WHOLESALE PRICE OF THE TOBACCO PRODUCTSß. The tax is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer. * Sec. 4. AS 43.50.300 is amended by adding a new subsection to read: (b) The excise tax levied under (a) of this section is (1) levied at the rate of 75 percent of the wholesale price of the tobacco products; (2) notwithstanding (1) of this subsection, on and after the date that is two years after the effective date of the Act, levied at the rate of 25 percent of the wholesale price of the tobacco products. * Sec. 5. AS 43.50.330(b) is amended to read: (b) The licensee shall remit with the return the tax due under AS 43.50.300 for the month covered by the return. The licensee may (1) until the date set in (2) of this subsection, deduct four-tenths of ª, AFTER DEDUCTINGß one percent of the tax due and ª, WHICH THE LICENSEE SHALLß retain it to cover the expense of accounting and filing the return; and (2) on and after the date that is two years after the effective date of this Act, deduct one percent of the tax due and retain it to cover the expense of accounting and filing the return. * Sec. 6. RETROACTIVE CREDIT. If AS 43.50.090(a)(2), added by sec. 1 of this Act, and AS 43.50.190(a)(2), added by sec. 2 of this Act, become operative, then 35.5 mills per cigarette of the tax levied under AS 43.50.090(a)(1), as amended by sec. 1 of this Act, for cigarettes sold on or after the effective date of this Act and before the 1997-05-08 House Journal Page 1682 SB 13 operative date of AS 43.50.090(a)(2) shall be credited to the retroactive tax levied under AS 43.50.190(a)(2), as amended by sec. 2 of this Act. * Sec. 7. This Act takes effect October 1, 1997." Representative Hodgins moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 10 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Ogan: Page 1, line 11: Delete "sec. 4" Insert "sec. 5" Page 2, following line 15: Insert a new bill section to read: "* Sec. 4. AS 43.50.090(a) is repealed and reenacted to read: (a) There is levied an excise tax of two and one-half mills on each cigarette imported or acquired in the state. Each licensee shall, at the time of filing the return required by AS 43.50.080, pay to the department the excise for the calendar month covered 1997-05-08 House Journal Page 1683 SB 13 by the return, deducting one percent of the total tax due, which the licensee shall retain to cover the expense of accounting and filing returns. Cigarettes upon which the excise is imposed are not again subject to the excise when acquired by another person." Renumber the following bill sections accordingly. Page 2, following line 18: Insert a new bill section to read: "* Sec. 6. AS 43.50.190(a) is repealed and reenacted to read: (a) There is levied an excise tax of 12 mills on each cigarette imported or acquired in this state." Renumber the following bill sections accordingly. Page 2, following line 28: Insert a new bill section to read: "* Sec. 8. AS 43.50.300 is repealed and reenacted to read: Sec. 43.50.300. Excise tax levied. An excise tax is levied on tobacco products in the state at the rate of 25 percent of the wholesale price of the tobacco products. The tax is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer." Renumber the following bill sections accordingly. Page 3, following line 2: Insert a new bill section to read: "* Sec. 10. AS 43.50.330(b) is repealed and reenacted to read: (b) The licensee shall remit with the return the tax due under AS43.50.300 for the month covered by the return, after deducting one percent of the tax due, which the licensee shall retain to cover the expense of accounting and filing the return." Renumber the following bill sections accordingly. 1997-05-08 House Journal Page 1684 SB 13 Page 3, line 3: Delete "and 4" Insert "and 5" Page 3, line 8: Delete "and" Page 3, line 11, following "Alaska": Insert "; and (3) secs. 4, 6, 8, and 10 of this Act have not taken effect, or will not within 30 days take effect, under sec. 13 of this Act" Page 3, line 12: Delete "and 4" Insert "and 5" Delete "sec. 7" Insert "sec. 11" Page 3, line 13: Delete "and 4" Insert "and 5" Page 3, line 17: Delete "sec. 4" Insert "sec. 5" Page 3, following line 17: Insert a new bill section to read: "* Sec. 13. CONDITIONAL EFFECT OF CERTAIN SECTIONS. Sections 4, 6, 8, and 10 of this Act take effect only if (1) a court enters a final judgment that the taxation of cigarettes or tobacco products under AS 43.50 is preempted in a part of the state that is subject to the authority of a tribal government and the preemption is due either to infringement with retained tribal sovereignty or to federal protection of the interests of Alaska Natives based upon an application of the supremacy clause, art. VI, sec. 2, Constitution of the United States; a judgment does not satisfy the requirements of this paragraph if it finds preemption only in a municipality organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection; and 1997-05-08 House Journal Page 1685 SB 13 (2) either the time for appeal of or petition for certiorari concerning that judgment expires or, if an appeal is taken or petition for certiorari filed, the court having final appellate authority enters a final order on appeal sustaining that judgment or denies the petition for certiorari." Renumber the following bill sections accordingly. Page 3, line 18: Delete "5, 6, and 8" Insert "7, 9, and 11 - 13" Page 3, line 19: Delete "and 4" Insert "and 5" Delete "sec. 7" Insert "sec. 11" Page 3, following line 27: Insert a new bill section to read: "* Sec. 16. (a) If secs. 4, 6, 8, and 10 of this Act take effect under sec. 13 of this Act, they take effect on the 30th day after the later of (1) the date on which the court enters a final judgment that the taxation of cigarettes or tobacco products under AS 43.50 is preempted in a part of the state that is subject to the authority of a tribal government and the preemption is due either to infringement with retained tribal sovereignty or to federal protection of the interests of Alaska Natives based upon an application of the supremacy clause, art. VI, sec. 2, Constitution of the United States; a judgment does not satisfy the requirements of this paragraph if it finds preemption only in a municipality organized under federal law as an Indian reserve that existed before enactment of 43 U.S.C. 1618(a) and is continued in existence under that subsection; and (2) the expiration of any time for appeal of that judgment or, if an appeal is taken, the court having final appellate authority enters a final order on appeal sustaining that judgment. (b) The attorney general shall promptly notify the lieutenant governor, the commissioner of revenue, and the revisor of statutes of a judgment described in (a) of this section." 1997-05-08 House Journal Page 1686 SB 13 Representative Ogan moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 11 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Kott: Page 2, lines 20 - 28: Delete all material and insert: "Sec. 43.50.300. Excise tax levied. (a) An excise tax is levied (1) on snuff, snuff flour, and chewing tobacco [PRODUCTSß in the state at the rate of 50 ª25ß percent of the wholesale price of the snuff, snuff flour, and chewing tobacco; and (2) on a tobacco product, except a product described in (1) of this subsection, in the state at the rate of 75 percent of the wholesale price of the tobacco product ªPRODUCTSß. (b) The tax imposed under (a) of this section is levied when a person (1) brings, or causes to be brought, a tobacco product into the state from outside the state for sale; 1997-05-08 House Journal Page 1687 SB 13 (2) makes, manufactures, or fabricates a tobacco product in the state for sale in the state; or (3) ships or transports a tobacco product to a retailer in the state for sale by the retailer." Representative Kott moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 12 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Davis, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Ogan: Page 1, lines 1 - 3 (title amendment): Delete "and to the use of the proceeds of those taxes, and increasing by at least 35.5 mills the amount of excise tax levied on each cigarette imported or acquired in the state" Insert "and to the use of cigarette tax proceeds" Page 1, line 6, through page 2, line 15: Delete all material. 1997-05-08 House Journal Page 1688 SB 13 Page 2, line 16: Delete "* Sec. 4. AS 43.50.190(a)" Insert "* Section 1. AS 43.50.190" Renumber the following bill sections accordingly. Page 2, line 17, before "(a)": Insert "Sec. 43.50.190. Additional tax levy on cigarettes." Delete "47.5" Insert "17" Page 2, following line 18: Insert new subsections to read: "(b) The tax levied by this section is in addition to the tax levied by AS 43.50.010 - 43.50.180. The tax shall be administered and collected in the same manner as the tax levied by AS 43.50.010 - 43.50.180. The ª, EXCEPT THATß receipts from the tax shall be deposited in the general fund. The commissioner of administration shall separately account for receipts from the tax in excess of the amounts recovered from a tax levy of 12 mills. The annual estimated balance in the account maintained by the commissioner of administration under AS 37.05.142 may be used by the legislature to make appropriations for law enforcement grants and programs. (c) The penalties provided in AS 43.05 apply to the tax levied in this section." Page 3, lines 3 - 27: Delete all material and insert: "* Sec. 4. This Act takes effect October 1, 1997." Representative Ogan moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: 1997-05-08 House Journal Page 1689 SB 13 HCS CSSB 13(HES) Second Reading Amendment No. 13 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey Nays: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Ogan: Page 2, line 12: Delete "four-tenths of" Insert "ªFOUR-TENTHS OFß" Representative Ogan moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: HCS CSSB 13(HES) Second Reading Amendment No. 14 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Cowdery, Dyson, Foster, Hodgins, Kohring, Kott, Masek, Moses, Mulder, Ogan, Phillips, Sanders, Vezey 1997-05-08 House Journal Page 1690 SB 13 Nays: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams And so, Amendment No. 14 was not adopted. Representative Porter moved and asked unanimous consent that HCSCSSB 13(HES) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 13(HES) will be in third reading on tomorrow's calendar. 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 - Roy Ewan, Upon Retirement as President and CEO of Ahtna, Inc. By Representatives Nicholia, Kubina, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Foster, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kookesh, Kott, Mulder, Porter, Rokeberg, Ryan, Williams; Senator Lincoln Honoring - Juneau-Douglas High School Concert Band By Representatives Hudson, Elton, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Green, Grussendorf, James, Joule, Kemplen, Kookesh, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan, Williams; Senator Duncan Honoring - Woody Wenstrom, Presidential Award for Excellence in Mathematics and Science Teaching By Representatives Davies, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Williams 1997-05-08 House Journal Page 1691 Honoring - Bradford and Barbara Washburn By Senator Wilken; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Williams Honoring - Chugiak Mustang Volleyball Team, 1997 4-A State Champions By Senators Halford, Phillips; Representatives Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Williams Honoring - Nick and Marian Leman, 50th Wedding Anniversary By Senators Torgerson, Leman; Representatives Phillips, Dyson, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Commemorating - National Correctional Officers' Week, May 4-10, 1997 By Senator Torgerson; Representatives Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Bonnie Nesvick, Parent of the Year, 1997 Carolyn Frichette Memorial Awards By Senator Torgerson; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, James, Joule, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Williams In Memoriam - Jim Doogan By Representatives Brice, Phillips, Berkowitz, Croft, Davies, Elton, Foster, Grussendorf, Hanley, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Williams In Memoriam - Mary Myers Robinson Frohne By Representatives Bunde, Phillips, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Foster, Grussendorf, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Williams 1997-05-08 House Journal Page 1692 In Memoriam - Kathleen "Kathy" Hutchinson By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, James, Joule, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Therriault, Williams In Memoriam - Tom Kito By Senator Taylor; Representatives Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 146 A message dated May 8, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 146(FIN) "An Act relating to competency testing requirements for secondary students; and providing for an effective date." CSHB 146(FIN) was referred to the Chief Clerk for enrollment. HB 158 A message dated May 8, 1997, was read stating the Senate has passed: HOUSE BILL NO. 158 "An Act relating to attendance at a public school on a part-time basis." HB 158 was referred to the Chief Clerk for enrollment. SB 68 A message dated May 8, 1997, was read stating the Senate has concurred in the House amendment to CSSB 68(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 68(STA) "An Act relating to the Task Force on Privatization; and providing for an effective date." 1997-05-08 House Journal Page 1693 HB 145 A message dated May 8, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 145(HES) "An Act relating to certification of teachers." with the following amendment with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 145(FIN) "An Act relating to certification of teachers; and providing for an effective date." CSHB 145(HES) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 8, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 130 SENATE BILL NO. 130 by Senators Duncan, Mackie and Taylor, entitled: "An Act amending the retirement incentive programs for municipalities and school districts; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HJR 39 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 39 Urging the United States Congress to enact legislation that prohibits the President of the United States from extending or establishing national monuments without the express authorization of the Congress. 1997-05-08 House Journal Page 1694 HJR 39 The report was signed by Representatives Ogan and Hudson, Co- chairs, with the following individual recommendations: Do pass (5): Dyson, Green, Masek, Ogan, Hudson The following fiscal note applies: Zero fiscal note, House Resources Committee, 5/8/97 HJR 39 was referred to the Rules Committee for placement on the calendar. HB 47 The Finance Committee has considered: HOUSE BILL NO. 47 "An Act relating to authorizing the Department of Corrections to provide an automated victim notification and prisoner information system." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Mulder, Kohring, Davies No recommendation (4): Therriault, Martin, Davis, Kelly The following fiscal notes apply: Fiscal note, House Finance Committee/Dept. of Corrections, 5/8/97 Zero fiscal note, Dept. of Public Safety, 5/8/97 HB 47 was referred to the Rules Committee for placement on the calendar. SB 3 The Finance Committee has considered: 1997-05-08 House Journal Page 1695 SB 3 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." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (7): Mulder, Martin, Kohring, Moses, Davis, Kelly, Foster No recommendation (2): Therriault, Davies The following fiscal notes apply: Indeterminate fiscal note, Dept. of Administration, 5/7/97 Senate fiscal note, Alaska Court System, 2/21/97 Senate indeterminate fiscal note, Dept. of Health & Social Services, 2/21/97 Senate zero fiscal note, Dept. of Public Safety, 2/21/97 CSSB 3(JUD) was referred to the Rules Committee for placement on the calendar. SB 60 The Judiciary Committee has considered: SENATE BILL NO. 60 "An Act providing for an advisory vote on the issue of capital punishment." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 60(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Bunde 1997-05-08 House Journal Page 1696 SB 60 Do not pass (2): Croft, Berkowitz No recommendation (2): Porter, Green Amend (2): Rokeberg, James The following fiscal notes apply to HCS SB 60(JUD): Senate fiscal note, Office of the Governor, 3/11/97 Senate fiscal note, Dept. of Corrections, 3/11/97 Senate fiscal note, Dept. of Law, 3/11/97 Senate indeterminate fiscal notes (2), Dept. of Administration, 3/24/97 SB 60 was referred to the Finance Committee. SB 189 The Finance Committee has considered: CS FOR SENATE BILL NO. 189(FIN) "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." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (2): Mulder, Moses No recommendation (6): Therriault, Davies, Davis, Kelly, Foster, Martin Amend (1): Kohring The following fiscal notes apply: Senate fiscal notes (2), Dept. of Labor, 4/30/97 Senate fiscal notes (2), Dept. of Education, 4/30/97 Senate zero fiscal note, Dept. of Labor, 4/30/97 Senate zero fiscal note, Dept. of Administration, 4/30/97 1997-05-08 House Journal Page 1697 SB 189 Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/30/97 CSSB 189(FIN) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SJR 30 The House Special Committee on Military & Veterans' Affairs has considered: SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30 Relating to the defense of Alaska from offensive nuclear attack. The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (6): Kott, Ryan, Nicholia, Masek, Foster, Mulder No recommendation (1): Joule The following fiscal note applies: Senate zero fiscal note, Senate Judiciary Committee, 5/2/97 SSSJR 30 was referred to the Rules Committee for placement on the calendar. CONCUR IN SENATE AMENDMENTS HB 151 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1649) on the following at this time: 1997-05-08 House Journal Page 1698 HB 151 CS FOR HOUSE BILL NO. 151(RES) am "An Act relating to personal hunting of big game by big game guides while clients are in the field, to activities of transporters in the field, to use area registration for portions of additional guide use areas by registered guides, to oral examinations for a registered guide license or a game management unit certification, and to eligibility for big game guide licenses, game management unit certifications, or a transporter license." and SENATE CS FOR CS FOR HOUSE BILL NO. 151(RES) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 151(RES) am, thus adopting SCS CSHB 151(RES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 151(RES) am? The roll was taken with the following result: SCS CSHB 151(RES) Concur YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Barnes, Hanley, Masek, Moses, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 151(RES). The Chief Clerk was instructed to so notify the Senate. 1997-05-08 House Journal Page 1699 HB 151 SCS CSHB 151(RES) was referred to the Chief Clerk for enrollment. HB 46 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1593) on the following at this time: CS FOR HOUSE BILL NO. 46(RES) "An Act relating to mining; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 46(FIN) am S (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 46(RES), thus adopting SCS CSHB 46(FIN) amS, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 46(RES)? The roll was taken with the following result: SCS CSHB 46(FIN) am S Concur YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Barnes, Cowdery, Hanley, Masek, Moses, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 46(FIN) am S. 1997-05-08 House Journal Page 1700 HB 46 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. SCS CSHB 46(FIN) am S was referred to the Chief Clerk for enrollment. HB 145 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1693) on the following at this time: CS FOR HOUSE BILL NO. 145(HES) "An Act relating to certification of teachers." and SENATE CS FOR CS FOR HOUSE BILL NO. 145(FIN) "An Act relating to certification of teachers; and providing for an effective date." (Technical title change) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 145(HES), thus adopting SCS CSHB 145(FIN), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 145(HES)? The roll was taken with the following result: SCS CSHB 145(FIN) Concur YEAS: 27 NAYS: 8 EXCUSED: 0 ABSENT: 5 1997-05-08 House Journal Page 1701 HB 145 Yeas: Austerman, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Grussendorf, Joule, Kubina, Nicholia Absent: Barnes, Hanley, Masek, Moses, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 145(FIN). 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. SCS CSHB 145(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SB 39 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: CS FOR SENATE BILL NO. 39(JUD) "An Act relating to hazardous chemicals, hazardous materials, and hazardous waste." CSSB 39(JUD) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 178 Representative James, Chair, moved and asked unanimous consent that the referral to the State Affairs Committee be waived for the following: 1997-05-08 House Journal Page 1702 SB 178 CS FOR SENATE BILL NO. 178(FIN) am "An Act stating legislative intent regarding parking, maintenance, leasing, and other requirements for a certain building acquired by the state in downtown Anchorage; relating to the purchase by the Alaska Housing Finance Corporation of an office building in Anchorage; and providing for an effective date." Representative Brice objected. The question being: "Shall the State Affairs Committee be allowed to waive CSSB 178(FIN) am?" The roll was taken with the following result: CSSB 178(FIN) am Waive from State Affairs Committee YEAS: 31 NAYS: 5 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey Nays: Brice, Croft, Elton, Joule, Kookesh Absent: Bunde, Moses, Sanders, Williams And so, the motion passed. CSSB 178(FIN) am was removed from the State Affairs Committee and referred to the Finance Committee. HB 170 Representatives Croft and Ryan added their names as cosponsors to: CS FOR HOUSE BILL NO. 170(HES) "An Act relating to interference with the rights of physically and mentally challenged persons; and relating to service animals during their pre-training and training period." HB 189 Representative Ryan added his name as cosponsor to: 1997-05-08 House Journal Page 1703 HB 189 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." SB 11 Representative Kohring added his name as cross sponsor to: CS FOR SENATE BILL NO. 11(FIN)(title am) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." SB 141 Representatives Kohring and Ogan added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) "An Act relating to permits to carry concealed handguns; and relating to the possession of firearms." ENGROSSMENT HCR 16 CSHCR 16(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 170 CSHB 170(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 55 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: 1997-05-08 House Journal Page 1704 SB 55 HOUSE CS FOR CS FOR SENATE BILL NO. 55(FIN) "An Act relating to the definition of certain state receipts, to state fiscal procedures, to the state budget, to agency performance 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." ENROLLMENT HB 214 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 10:35 a.m., May 8, 1997: HOUSE BILL NO. 214 am S "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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/8 Joint Session Governor's appointments 11:15 a.m., 5/9 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 9, 1997. There being no objection, the House adjourned at 8:05 p.m. Suzi Lowell Chief Clerk