Legislature(1997 - 1998)

1997-05-08 House Journal

Full Journal pdf

1997-05-08                     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