Legislature(1997 - 1998)
1997-05-09 House Journal
Full Journal pdf1997-05-09 House Journal Page 1707 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday May 9, 1997 One Hundred Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:16 a.m. Roll call showed 33 members present. Representatives Barnes, Hanley, Ivan, Kott, Rokeberg, Sanders and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "God of wisdom, love and compassion: We have gathered from far and near as individual Representatives from around our state who together make decisions in this place that affect all the people of Alaska. We have brought our ideas, issues, and agendas for discussion and action. We have experienced both joy and frustration in the decision-making process. Be with this collective body that will soon disperse to their respective communities and the lives they live. May the time between sessions be a resource for future decision-making. There are a host of voices that need to be heard in each community. Some of those voices speak with much strength and power, while others may be hesitant or reflect a painful reality. In the eyes of God, each voice has equal importance. 1997-05-09 House Journal Page 1708 May our ears listen and grant integrity to all God's people and bring back to this place the collective wisdom of Alaska's people. When the time comes to regather, may we do so as leaders who have listened and absorbed ideas. Help us to be ready to respond in a way that reflects what is best for our state, even if we need to change our thinking for that to happen. We ask Your continued presence with this legislative body, this state, and the people we are here to serve. In Your all encompassing Name we pray, Amen." The Pledge of Allegiance was led by Representative Nicholia. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HCR 4 A message dated May 8, 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 HOUSE CONCURRENT RESOLUTION NO. 4(JUD) Relating to records generated and maintained by the Department of Health and Social Services. Legislative Resolve No. 24 **The presence of Representative Ivan was noted. 1997-05-09 House Journal Page 1709 HB 117 A message dated May 8, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 117(L&C) "An Act relating to boiler and pressure vessel inspection standards; relating to elevator safety and inspection standards; and providing for an effective date." Chapter No. 21, SLA 1997 Effective Date: May 9, 1997 HB 118 A message dated May 8, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 118 am "An Act relating to reporting and other requirements of certain employment accidents; and providing for an effective date." Chapter No. 22, SLA 1997 Effective Date: May 9, 1997 HB 138 A message dated May 8, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 138 "An Act relating to the Board of Storage Tank Assistance; and providing for an effective date." Chapter No. 24, SLA 1997 Effective Date: June 30, 1997 SCR 6 A message dated May 8, 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: 1997-05-09 House Journal Page 1710 SCR 6 HOUSE CS FOR SENATE CONCURRENT RESOLUTION NO. 6(HES) Relating to the Alaska Telemedicine Project. Legislative Resolve No. 22 SB 137 A message dated May 8, 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 SENATE BILL NO. 137(L&C) "An Act exempting certain volunteer emergency medical technicians and volunteer fire fighters from state wage and hour laws; and providing for an effective date." Chapter No. 23, SLA 1997 Effective Date: May 9, 1997 SB 143 A message dated May 8, 1997, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 143(RLS) "An Act relating to education benefits for members of the Alaska National Guard, Alaska Naval Militia, or Alaska Territorial Guard." Chapter No. 25, SLA 1997 Effective Date: August 6, 1997 MESSAGES FROM THE SENATE HCR 18 A message dated May 8, 1997, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 18 Declaring 1997 to be observed as the 80th Anniversary of the 1997-05-09 House Journal Page 1711 HCR 18 University of Alaska Fairbanks and recognizing the vital role played by the University of Alaska Fairbanks. HCR 18 was referred to the Chief Clerk for enrollment. HJR 14 A message dated May 8, 1997, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 14(RLS) Relating to supporting the "American Land Sovereignty Protection Act." CSHJR 14(RLS) was referred to the Chief Clerk for enrollment. HB 250 A message dated May 8, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 250(O&G) "An Act establishing a North Slope Gas Commercialization Team to develop recommendations regarding a North Slope gas project; and providing for an effective date." CSHB 250(O&G) was referred to the Chief Clerk for enrollment. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated May 8, 1997, was read stating the Senate has passed the following, and it is transmitted for consideration: SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 by the Senate Finance Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 152, relating to hospice care. 1997-05-09 House Journal Page 1712 SCR 15 was read the first time and referred to the Rules Committee for placement on the calendar. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 8, 1997, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 25 CS FOR SENATE BILL NO. 25(FIN) by the Senate Finance Committee, entitled: "An Act relating to the Department of Corrections' providing an automated victim notification and prisoner information system." was read the first time and referred to the Finance Committee. SB 139 CS FOR SENATE BILL NO. 139(CRA) by the Senate Community & Regional Affairs Committee, entitled: "An Act relating to state aid for volunteer services; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. REPORTS OF STANDING COMMITTEES HCR 17 The Transportation Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 17 Relating to improvements to highways and highway facilities. 1997-05-09 House Journal Page 1713 HCR 17 The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Hudson, Cowdery, Sanders, Williams The following fiscal note applies: Zero fiscal note, House Transportation Committee, 5/9/97 HCR 17 was referred to the Rules Committee for placement on the calendar. HB 263 The Transportation Committee has considered: HOUSE BILL NO. 263 "An Act repealing the exemption from the motor fuel tax for fuel that is at least 10 percent alcohol by volume, and establishing a motor fuel tax exemption for motor fuel that is produced from the processing of lignocellulose, that is at least 10 percent alcohol by volume, and that is produced during the first five years of a facility's processing of lignocellulose from wood; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 263(TRA) "An Act repealing the exemption from the motor fuel tax for fuel that is at least 10 percent alcohol by volume; and setting a differential levy for a tax on motor fuel that is produced from the processing of lignocellulose, that is at least 10 percent alcohol by volume, and that is produced during the first five years of a facility's processing of lignocellulose from wood; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: 1997-05-09 House Journal Page 1714 HB 263 Do pass (2): Hudson, Williams No recommendation (2): Sanders, Cowdery The following fiscal note applies to CSHB 263(TRA): Fiscal note, Dept. of Revenue, 5/9/97 HB 263 was referred to the Finance Committee. SB 29 The Rules Committee has considered: CS FOR SENATE BILL NO. 29(FIN) "An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Porter, Williams, Kott, Phillips, Elton No recommendation (1): Nicholia The following fiscal note applies to HCS CSSB 29(RLS): Senate fiscal note, Senate Finance Committee/Dept. of Revenue, 2/6/97 CSSB 29(FIN) is on today's calendar. **The presence of Representatives Rokeberg, Sanders and Therriault was noted. 1997-05-09 House Journal Page 1715 REPORTS OF SPECIAL COMMITTEES HB 75 The Conference Committee with limited powers of free conference considering CSHB 75(FIN) am(brf sup maj pfld) and SCS CSHB 75(FIN) am S(brf fld S) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 75 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The report was signed by Representatives Hanley (Chair), Therriault and Grussendorf; and Senators Pearce (Chair), Sharp and Adams. The report was received in the Chief Clerk's office at 11:58 p.m., May8, 1997, and is under Unfinished Business. HB 76 The Conference Committee with limited powers of free conference considering CSHB 76(FIN) and SCS CSHB 76(FIN) am S recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 76 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." The report was signed by Representatives Hanley (Chair), Therriault and Grussendorf; and Senators Pearce (Chair), Sharp and Adams. The report was received in the Chief Clerk's office at 11:58 p.m., May8, 1997, and is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1997-05-09 House Journal Page 1716 Honoring - Chery Lin and Melinda M. Wilcox By Representative James Honoring - Jamie Nicole Bratten, Record Setting Swimmer By Representatives Kelly, Kott Honoring - Syun-Ichi Akasofu, University of Alaska Foundation, Edith R. Bullock Prize for Excellence By Representative Davies; Senator Wilken Honoring - American Legion Alaska Boys' State Program, Karl "Bill" Caswell and Susan Caswell By Representative Ogan Honoring - Colony High Boys' Cross-Country Running Team, 1996 Alaska State 4-A Champions By Representative Ogan Honoring - Colony High Girls' Cross-Country Running Team, 1996 Alaska State 4-A Champions By Representative Ogan Honoring - Andrew Vanderjack and Nick Polasky, Eagle Scouts By Representatives Elton, Hudson; Senator Duncan Honoring - John Butrovich By Senator Miller Honoring - Ed Slater By Senator Parnell Honoring - "A Piece of My Heart" Production By Senator Kelly Honoring - Joli Brian Morgan By Senator Hoffman; Representative Ivan Honoring - Chugiak High School Choirs By Senators Phillips, Halford 1997-05-09 House Journal Page 1717 In Memoriam - Russell Floyd Hayward By Representative Kookesh; Senator Mackie In Memoriam - Grace Butrovich By Senator Miller INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 276 HOUSE BILL NO. 276 by the House Labor & Commerce Committee, entitled: "An Act relating to the compensation and terms and conditions of employment of the heads and deputy heads of principal executive departments of the state." was read the first time and referred to the Labor & Commerce Committee. HB 277 HOUSE BILL NO. 277 by the House Resources Committee, entitled: "An Act relating to a moratorium on entry into the directed demersal shelf rockfish fishery in Southeast Alaska; relating to state management of fisheries in offshore water adjacent to the state; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries. HB 278 HOUSE BILL NO. 278 by Representative Moses, entitled: "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." 1997-05-09 House Journal Page 1718 HB 278 was read the first time and referred to the Transportation and Finance Committees. HB 279 HOUSE BILL NO. 279 by Representative Moses, entitled: "An Act relating to the municipal dividend program; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 280 HOUSE BILL NO. 280 by Representative Moses, entitled: "An Act relating to the taxation of income." was read the first time and referred to the State Affairs and Finance Committees. HB 281 HOUSE BILL NO. 281 by the House Rules Committee, entitled: "An Act establishing terms and conditions for access to and use of, and otherwise relating to, state owned or controlled airports and air navigation facilities; amending Rule 82, Alaska Rules of Civil Procedure; and providing for an effective date." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 265 The following was read the second time: 1997-05-09 House Journal Page 1719 HB 265 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." with the: Journal Page STA RPT CS(STA) 2DP 3NR 1651 2 ZERO FISCAL NOTES (DCED, DEC) 1652 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. 265(STA) (same title) There being no objection, it was so ordered. The Chief Clerk was instructed to make the following technical amendment: Page 5, line 9: Delete "biennially" Insert "biannually" Representative Porter moved and asked unanimous consent that CSHB265(STA) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. Representative Berkowitz placed a call of the House and lifted the call. CSHB 265(STA) am was read the third time. The question being: "Shall CSHB 265(STA) am pass the House?" The roll was taken with the following result: 1997-05-09 House Journal Page 1720 HB 265 CSHB 265(STA) am Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kubina, Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Barnes, Foster, Hanley, Kookesh, Kott, Mulder, Therriault And so, CSHB 265(STA) am passed the House. Representative Martin gave notice of reconsideration of his vote on CSHB 265(STA) am. **The presence of Representative Kott was noted. RECONSIDERATION HB 265 Representative Martin moved and asked unanimous consent that the reconsideration of CSHB 265(STA) am be taken up on the same day. There being no objection, it was so ordered. CSHB 265(STA) am was again before the House in third reading. The question to be reconsidered: "Shall CSHB 265(STA) am pass the House?" The roll was taken with the following result: CSHB 265(STA) am--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 1997-05-09 House Journal Page 1721 HB 265 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, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Barnes, Hanley And so, CSHB 265(STA) am passed the House on reconsideration, and was referred to the Chief Clerk for engrossment. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 5/9 Minority Caucus upon at ease, 5/9 The Speaker stated that the House would stand at ease to 11:10 a.m.; and so, the House stood at ease at 10:35 a.m. AFTER AT EASE The Speaker called the House back to order at 11:25 a.m. **The presence of Representative Barnes and Hanley was noted. JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with Uniform Rule 51, turned the gavel over to President Miller who called the joint session to order at 11:25 a.m. The purpose of the joint session was to consider confirmation of the Governors appointments. A roll call of the Senate showed 19 members present. Senator Kelly was excused from a call of the Senate. 1997-05-09 House Journal Page 1722 A roll call of the House showed 40 members present. The boards and commissions' appointments are as follows: 1997 CONFIRMATION OF GOVERNOR'S APPOINTMENTS Alaska Air National Guard - Brigadier General Colonel Van P. Williams, Jr. Commander, 176th Wing Colonel Jerry W. Gillean Chief of Staff, Headquarters Alaska Air National Guard Board of Governors of the Alaska Bar Debra L. Call - Anchorage Appointed: 02/20/97 Expires: 06/30/99 Alaska Public Defender Barbara Brink - Anchorage Appointed: 01/24/97 Alaska State Board of Public Accountancy Kathleen Grimes - Palmer Appointed: 03/21/97 Expires: 04/25/00 Linda Thomas - Juneau Appointed: 06/25/96 Expires: 04/25/00 Assessment Review Board Rick Stovarsky - North Pole Appointed: 03/21/97 No Term Alcoholic Beverage Control Board Robert J. Klein - Anchorage Appointed: 05/31/95 Reappointed: 01/02/97 Expires: 01/31/00 1997-05-09 House Journal Page 1723 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Expires: 07/01/00 Marcia Davis - Anchorage Appointed: 02/20/97 Expires: 07/01/98 Patrick H. Kalen - Fairbanks Appointed: 07/01/96 Expires: 07/01/00 Robert E. Miller, Ph.D., P.E. - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Board of Barbers and Hairdressers Robert Pearson - Juneau Appointed: 03/21/97 Expires: 07/01/00 Sheryl L. Sutton - Juneau Appointed: 07/30/96 Expires: 07/01/00 Rosalyn C. Wyche - Anchorage Appointed: 03/03/97 Expires: 07/01/99 Board of Chiropractic Examiners LeRoy (Lee) D. Nordstrom, D.C. - Anchorage Appointed: 07/15/92 Reappointed: 09/11/96 Expires: 07/15/00 Board of Clinical Social Work Examiners Diane DiSanto - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Alaska Commercial Fisheries Entry Commission (CFEC) Marlene A. Johnson - Juneau Appointed: 12/16/96 Expires: 07/01/99 Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/11/96 Expires: 07/01/00 Board of Dental Examiners Dr. James Arneson - Kodiak Appointed: 07/19/93 Reappointed: 02/20/97 Expires: 02/01/01 Dr. James Clark - Anchorage Appointed: 04/07/95 Reappointed: 02/20/97 Expires: 02/01/01 1997-05-09 House Journal Page 1724 Board of Dispensing Opticians Barbara Landi - Anchorage Appointed: 04/11/97 Expires: 06/14/98 Mary C. Seutter - Wasilla Appointed: 08/10/95 Reappointed: 05/15/96 Expires: 06/14/00 Board of Education Roy M. Nageak Sr. - Barrow Appointed: 01/02/97 Expires: 01/31/99 Marilyn Webb - Juneau Appointed: 02/10/95 Reappointed: 01/02/97 Expires: 01/31/02 Board of Fisheries Robert E. Dersham - Anchor Point Appointed: 03/03/97 Expires: 06/30/00 Larry Engel - Palmer Reappointed: 02/14/97 Board of Game Michael R. Fleagle - McGrath Appointed: 10/20/96 Expires: 01/31/99 Lori T. Quakenbush - Fairbanks Appointed: 02/18/97 Expires: 01/31/00 Gregory P. Streveler - Gustavus Appointed: 10/20/96 Expires: 01/31/99 Nicole Whittington-Evans - Palmer Appointed: 02/18/97 Expires: 01/31/00 State Commission for Human Rights Martha L. Gore - Anchorage Appointed: 05/15/96 Expires: 01/31/01 Reverend Richard Heacock - Fairbanks Appointed: 02/20/97 Expires: 01/31/99 Kathy Wistoff - Anchorage Appointed: 02/20/97 Expires: 01/31/02 Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Expires: 12/31/98 Ethel Staton - Sitka Appointed: 03/04/97 Expires: 12/31/00 1997-05-09 House Journal Page 1725 Alaska Labor Relations Agency Robert A. Doyle - Palmer Appointed: 10/07/94 Reappointed: 08/21/96 Expires: 06/30/99 Blair Schad - Fairbanks Appointed: 08/28/96 Expires: 06/30/98 Board of Marine Pilots Bernie Smith - Anchorage Appointed: 10/02/95 Reappointed: 01/02/97 Expires: 06/01/00 David Stewart - Anchorage Appointed: 02/20/97 Expires: 06/01/00 Barbara Huff Tuckness - Anchorage Appointed: 02/20/97 Expires: 06/01/99 State Medical Board Beverly Fletcher - Juneau Appointed: 08/11/95 Reappointed: 08/21/96 Expires: 08/13/00 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95 Reappointed: 05/15/96 Expires: 04/21/00 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95 Reappointed: 11/08/96 Expires: 11/06/00 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95 Reappointed: 01/02/97 Expires: 01/09/01 Donald C. Olson, M.D. - Nome Appointed: 08/11/95 Reappointed: 07/22/96 Expires: 07/08/00 Alaska Mental Health Trust Authority Board of Trustees John Malone - Bethel Appointed: 04/21/97 Expires: 03/03/02 John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Expires: 03/03/01 Caren Robinson - Juneau Appointed: 04/21/97 Expires:03/03/00 Board of Certified Direct-Entry Midwives Kaye Kanne - Juneau Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 1997-05-09 House Journal Page 1726 Mark Richey - Anchorage Appointed: 02/20/97 Expires: 07/21/99 Pam Weaver - Chugiak Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Board of Nursing Carolyn Keil - Anchorage Appointed: 04/11/97 Expires: 03/31/01 Josephine Malemute - Fairbanks Appointed: 08/30/95 Reappointed: 05/15/96 Expires: 03/31/00 Alaska Oil and Gas Conservation Commission Robert N. Christenson - Anchorage Appointed: 04/28/97 Expires: 12/31/00 Mary Coffey Marshburn - Homer Appointed: 01/01/97 Expires: 12/31/02 Board of Examiners in Optometry William D. Faulkner, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/00 Aharon Sternberg, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/99 Personnel Board Katie T. Hurley - Wasilla Appointed: 08/01/96 Expires: 06/20/02 Board of Pharmacy Bonnie R. Stewart - Anchorage Appointed: 01/02/97 Expires: 04/01/00 Stanley P. Thompson, R.Ph. - Anchorage Appointed: 04/09/92 Reappointed: 01/02/97 Expires: 04/01/00 State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Appointed: 05/15/96 Expires: 01/01/00 Cary S. Keller, M.D. - Fairbanks Appointed: 10/13/92 Reappointed: 01/02/97 Expires: 09/01/00 Lawrence W. Seethaler, L.P.T. - Anchorage Appointed: 09/03/92 Reappointed: 01/02/97 Expires: 09/01/00 1997-05-09 House Journal Page 1727 Professional Teaching Practices Commission Mary Lou Madden - Juneau Appointed: 10/07/94 Reappointed: 07/22/96 Expires: 07/01/99 Thomas L. Matheson - Dillingham Appointed: 07/23/93 Reappointed: 07/22/96 Expires: 07/01/99 Christine A. Miller - Fairbanks Appointed: 07/22/96 Expires: 07/01/99 Board of Psychologist and Psychological Associate Examiners Susan L. Baxter, M.S. - Anchorage Appointed: 08/21/96 Expires: 07/01/00 E. Ben Crawford, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/98 Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95 Reappointed: 08/21/96 Expires: 07/01/00 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/97 Alaska Public Offices Commission (APOC) Joyce Michaelson - Anchorage Appointed: 06/25/96 Expires: 02/01/01 Board of Certified Real Estate Appraisers Eileen R. Bechtol - Homer Appointed: 06/25/96 Expires: 06/30/99 Susan K. Crosson - Anchorage Appointed: 06/25/96 Expires: 06/30/98 Jon B. Wolfe - Douglas Appointed: 06/25/96 Expires: 06/30/00 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95 Reappointed: 02/20/97 Expires: 01/31/01 University of Alaska Board of Regents Michael J. Burns - Anchorage Appointed: 03/21/97 Expires: 02/01/05 Elsa Demeksa - Juneau Appointed: 03/21/97 Expires: 02/01/05 Annette Nelson-Wright - Juneau Appointed: 04/21/97 Effective: 06/01/97 Expires: 06/01/99 1997-05-09 House Journal Page 1728 Alaska Public Utilities Commission (APUC) James M. Posey - Anchorage Appointed: 01/21/97 Expires: 10/31/02 Board of Veterinary Examiners Jean Battig, DVM - Fairbanks Appointed: 04/11/97 Expires: 01/31/00 William G. Lewis - North Pole Appointed: 06/25/96 Expires: 01/31/00 James L. Morris, D.V.M. - Wasilla Appointed: 01/02/97 Expires: 01/15/01 Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Expires: 01/31/99 Violent Crimes Compensation Board Louann Cutler - Anchorage Appointed: 01/02/97 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Expires: 12/15/98 Alaska Workers' Compensation Board Valerie K. Baffone - Anchorage Appointed: 11/08/96 Expires: 07/01/97 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96 Expires: 07/01/99 Steve Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96 Expires: 07/01/99 Harriet M. Lawlor - Anchorage Appointed: 07/20/95 Reappointed: 06/25/96 Expires: 07/01/99 Shawn Pierre - Chugiak Appointed: 11/08/96 Expires: 07/01/97 Senator Taylor moved and asked unanimous consent that the Governor's appointments to the following boards be confirmed: Senator Duncan placed a call of the joint session. The call was satisfied. 1997-05-09 House Journal Page 1729 Alaska Air National Guard - Brigadier General Colonel Van P. Williams, Jr. Commander, 176th Wing Colonel Jerry W. Gillean Chief of Staff, Headquarters Alaska Air National Guard Board of Governors of the Alaska Bar Debra L. Call - Anchorage Appointed: 02/20/97 Expires: 06/30/99 Alaska Public Defender Barbara Brink - Anchorage Appointed: 01/24/97 Alaska State Board of Public Accountancy Kathleen Grimes - Palmer Appointed: 03/21/97 Expires: 04/25/00 Linda Thomas - Juneau Appointed: 06/25/96 Expires: 04/25/00 Assessment Review Board Rick Stovarsky - North Pole Appointed: 03/21/97 No Term Alcoholic Beverage Control Board Robert J. Klein - Anchorage Appointed: 05/31/95 Reappointed: 01/02/97 Expires: 01/31/00 State Board of Registration for Architects, Engineers, and Land Surveyors Daphne E. Brown - Anchorage Appointed: 07/01/96 Expires: 07/01/00 Marcia Davis - Anchorage Appointed: 02/20/97 Expires: 07/01/98 Patrick H. Kalen - Fairbanks Appointed: 07/01/96 Expires: 07/01/00 Robert E. Miller, Ph.D., P.E. - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Board of Barbers and Hairdressers Robert Pearson - Juneau Appointed: 03/21/97 Expires: 07/01/00 1997-05-09 House Journal Page 1730 Sheryl L. Sutton - Juneau Appointed: 07/30/96 Expires: 07/01/00 Rosalyn C. Wyche - Anchorage Appointed: 03/03/97 Expires: 07/01/99 There being no objection, the appointees were confirmed. Senator Taylor moved and asked unanimous consent that the Governor's appointments to the following boards be confirmed: Board of Chiropractic Examiners LeRoy (Lee) D. Nordstrom, D.C. - Anchorage Appointed: 07/15/92 Reappointed: 09/11/96 Expires: 07/15/00 Board of Clinical Social Work Examiners Diane DiSanto - Anchorage Appointed: 09/11/96 Expires: 07/01/00 Alaska Commercial Fisheries Entry Commission (CFEC) Marlene A. Johnson - Juneau Appointed: 12/16/96 Expires: 07/01/99 Bruce C. Twomley - Juneau Appointed: 10/06/82 Reappointed: 08/18/88, 07/21/92, 10/11/96 Expires: 07/01/00 Board of Dental Examiners Dr. James Arneson - Kodiak Appointed: 07/19/93 Reappointed: 02/20/97 Expires: 02/01/01 Dr. James Clark - Anchorage Appointed: 04/07/95 Reappointed: 02/20/97 Expires: 02/01/01 Board of Dispensing Opticians Barbara Landi - Anchorage Appointed: 04/11/97 Expires: 06/14/98 Mary C. Seutter - Wasilla Appointed: 08/10/95 Reappointed: 05/15/96 Expires: 06/14/00 Board of Education Roy M. Nageak Sr. - Barrow Appointed: 01/02/97 Expires: 01/31/99 Marilyn Webb - Juneau Appointed: 02/10/95 Reappointed: 01/02/97 Expires: 01/31/02 1997-05-09 House Journal Page 1731 Board of Fisheries Robert E. Dersham - Anchor Point Appointed: 03/03/97 Expires: 06/30/00 Larry Engel - Palmer Reappointed: 02/14/97 Board of Game Michael R. Fleagle - McGrath Appointed: 10/20/96 Expires: 01/31/99 Lori T. Quakenbush - Fairbanks Appointed: 02/18/97 Expires: 01/31/00 Gregory P. Streveler - Gustavus Appointed: 10/20/96 Expires: 01/31/99 Nicole Whittington-Evans - Palmer Appointed: 02/18/97 Expires: 01/31/00 Objections were heard to Lori T. Quakenbush, Gregory P. Streveler and Nicole Whittington-Evans. Senator Taylor moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointees to the above boards be confirmed with the exception of Lori T. Quakenbush, Gregory P. Streveler and Nicole Whittington- Evans to the Board of Game. There being no objection, the appointees were confirmed. Senator Taylor moved that Lori T. Quakenbush be confirmed to the Board of Game. Objection was heard. The question being: "Shall Lori T. Quakenbush be confirmed to the Board of Game?" The roll of the House was taken with the following result: Board of Game Confirm - Quakenbush HOUSE YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 1997-05-09 House Journal Page 1732 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Porter, Therriault, Williams Nays: Barnes, Cowdery, Hodgins, Kohring, Martin, Masek, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey The roll of the Senate was called with the following result: Board of Game Confirm - Quakenbush SENATE YEAS: 15 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Ellis, Hoffman, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken, Adams, Donley, Duncan, Miller Nays: Green, Halford, Taylor, Ward Excused: Kelly TOTAL: YEAS: 43 NAYS: 16 EXCUSED: 1 ABSENT: 0 And so, Lori T. Quakenbush was confirmed. Senator Taylor moved that Gregory P. Streveler be confirmed to the Board of Game. Objection was heard. The question being: "Shall Gregory P. Streveler be confirmed to the Board of Game?" The roll of the Senate was called with the following result: Board of Game Confirm - Streveler SENATE YEAS: 18 NAYS: 1 EXCUSED: 1 ABSENT: 0 1997-05-09 House Journal Page 1733 Yeas: Green, Halford, Hoffman, Leman, Lincoln, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Miller Nays: Ward Excused: Kelly The roll of the House was taken with the following result: Board of Game Confirm - Streveler HOUSE YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Green, Hodgins, Kohring, Masek, Ogan, Phillips, Ryan, Vezey TOTAL: YEAS: 47 NAYS: 12 EXCUSED: 1 ABSENT: 0 And so, Gregory P. Streveler was confirmed. Senator Taylor moved that Nicole Whittington-Evans be confirmed to the Board of Game. Objection was heard. The question being: "Shall Nicole Whittington-Evans be confirmed to the Board of Game?" The roll of the House was taken with the following result: Board of Game Confirm - Whittington-Evans HOUSE YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Martin, Moses, Nicholia 1997-05-09 House Journal Page 1734 Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams The roll of the Senate was called with the following result: Board of Game Confirm - Whittington-Evans SENATE YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Hoffman, Lincoln, Adams, Duncan, Ellis Nays: Halford, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Green, Miller Excused: Kelly TOTAL: YEAS: 20 NAYS: 39 EXCUSED: 1 ABSENT: 0 And so, Nicole Whittington-Evans was not confirmed. Senator Taylor moved and asked unanimous consent that the Governor's appointments to the following boards be confirmed: State Commission for Human Rights Martha L. Gore - Anchorage Appointed: 05/15/96 Expires: 01/31/01 Reverend Richard Heacock - Fairbanks Appointed: 02/20/97 Expires: 01/31/99 Kathy Wistoff - Anchorage Appointed: 02/20/97 Expires: 01/31/02 Commission on Judicial Conduct Dianne I. Brown - Anchorage Appointed: 09/11/96 Expires: 12/31/98 Ethel Staton - Sitka Appointed: 03/04/97 Expires: 12/31/00 Alaska Labor Relations Agency Robert A. Doyle - Palmer Appointed: 10/07/94 Reappointed: 08/21/96 Expires: 06/30/99 1997-05-09 House Journal Page 1735 Blair Schad - Fairbanks Appointed: 08/28/96 Expires: 06/30/98 Board of Marine Pilots Bernie Smith - Anchorage Appointed: 10/02/95 Reappointed: 01/02/97 Expires: 06/01/00 David Stewart - Anchorage Appointed: 02/20/97 Expires: 06/01/00 Barbara Huff Tuckness - Anchorage Appointed: 02/20/97 Expires: 06/01/99 State Medical Board Beverly Fletcher - Juneau Appointed: 08/11/95 Reappointed: 08/21/96 Expires: 08/13/00 Donald G. Hudson, D.O. - Anchorage Appointed: 08/11/95 Reappointed: 05/15/96 Expires: 04/21/00 Sarah A. Isto, M.D. - Juneau Appointed: 08/11/95 Reappointed: 11/08/96 Expires: 11/06/00 Suzanne H. Lombardi - Anchorage Appointed: 08/11/95 Reappointed: 01/02/97 Expires: 01/09/01 Donald C. Olson, M.D. - Nome Appointed: 08/11/95 Reappointed: 07/22/96 Expires: 07/08/00 Alaska Mental Health Trust Authority Board of Trustees John Malone - Bethel Appointed: 04/21/97 Expires: 03/03/02 John Pugh - Juneau Appointed: 03/03/95 Reappointed: 05/15/96 Expires: 03/03/01 Caren Robinson - Juneau Appointed: 04/21/97 Expires: 03/03/00 Objections were heard to Reverend Richard Heacock, Beverly Fletcher, Donald G. Hudson, D.O., Suzanne H. Lombardi, John Pugh and Caren Robinson. Senator Taylor moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointees to the above boards be confirmed with the exception of Reverend Richard Heacock to the State Commission for Human Rights; Beverly Fletcher, Donald G. Hudson, D.O. and Suzanne H. 1997-05-09 House Journal Page 1736 Lombardi to the State Medical Board; and, John Pugh and Caren Robinson to the Alaska Mental Health Trust Authority Board of Trustees. There being no objection, the appointees were confirmed. Senator Taylor moved that Reverend Richard Heacock be confirmed to the State Commission for Human Rights. Objection was heard. The question being: "Shall Reverend Richard Heacock be confirmed to the State Commission for Human Rights?" The roll of the Senate was called with the following result: Alaska Human Rights commission Confirm - Heacock SENATE YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Hoffman, Lincoln, Mackie, Phillips, Wilken, Adams, Duncan, Ellis Nays: Leman, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Donley, Green, Halford, Miller Excused: Kelly The roll of the House was taken with the following result: State Commission for Human Rights Confirm - Heacock HOUSE YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams TOTAL: YEAS: 21 NAYS: 38 EXCUSED: 1 ABSENT: 0 1997-05-09 House Journal Page 1737 And so, Reverend Richard Heacock was not confirmed. Senator Taylor moved that Beverly Fletcher be confirmed to the State Medical Board. Objection was heard. The question being: "Shall Beverly Fletcher be confirmed to the State Medical Board?" The roll of the House was taken with the following result: State Medical Board Confirm - Fletcher HOUSE YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Porter, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey The roll of the Senate was called with the following result: State Medical Board Confirm - Fletcher SENATE YEAS: 9 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Phillips, Wilken, Adams, Donley, Duncan, Ellis, Hoffman Nays: Leman, Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Green, Halford, Miller Excused: Kelly TOTAL: YEAS: 29 NAYS: 30 EXCUSED: 1 ABSENT: 0 And so, Beverly Fletcher was not confirmed. 1997-05-09 House Journal Page 1738 Senator Taylor moved that Donald G. Hudson, D.O. be confirmed to the State Medical Board. Objection was heard. The question being: "Shall Donald G. Hudson, D.O. be confirmed to the State Medical Board?" The roll of the Senate was called with the following result: State Medical Board Confirm - Hudson SENATE YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Lincoln, Mackie, Phillips, Adams, Donley, Duncan, Ellis, Hoffman Nays: Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken, Green, Halford, Leman, Miller Excused: Kelly The roll of the House was taken with the following result: State Medical Board Confirm - Hudson HOUSE YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Porter, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Vezey TOTAL: YEAS: 28 NAYS: 31 EXCUSED: 1 ABSENT: 0 And so, Donald G. Hudson, D.O. was not confirmed. 1997-05-09 House Journal Page 1739 Senator Taylor moved that Suzanne H. Lombardi be confirmed to the State Medical Board. Objection was heard. The question being: "Shall Suzanne H. Lombardi be confirmed to the State Medical Board?" The roll of the House was taken with the following result: State Medical Board Confirm - Lombardi HOUSE YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Porter, Rokeberg, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Ryan, Sanders, Vezey The roll of the Senate was called with the following result: State Medical Board Confirm - Lombardi SENATE YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Mackie, Phillips, Adams, Donley, Duncan, Ellis, Hoffman, Lincoln Nays: Parnell, Pearce, Sharp, Taylor, Torgerson, Ward, Wilken, Green, Halford, Leman, Miller Excused: Kelly TOTAL: YEAS: 29 NAYS: 30 EXCUSED: 1 ABSENT: 0 And so, Suzanne H. Lombardi was not confirmed. 1997-05-09 House Journal Page 1740 Senator Taylor moved that John Pugh be confirmed to the Alaska Mental Health Trust Authority Board of Trustees. Objection was heard. The question being: "Shall John Pugh be confirmed to the Alaska Mental Health Trust Authority Board of Trustees?" The roll of the Senate was called with the following result: Alaska Mental Health Trust Authority Board Confirm - Pugh SENATE YEAS: 17 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Parnell, Pearce, Phillips, Sharp, Torgerson, Wilken, Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Miller Nays: Taylor, Ward Excused: Kelly The roll of the House was taken with the following result: Alaska Mental Health Trust Authority Board of Trustees Confirm - Pugh HOUSE YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Cowdery, Dyson, Kohring, Martin, Ogan, Ryan, Sanders, Vezey TOTAL: YEAS: 49 NAYS: 10 EXCUSED: 1 ABSENT: 0 And so, John Pugh was confirmed. 1997-05-09 House Journal Page 1741 Senator Taylor moved that Caren Robinson be confirmed to the Alaska Mental Health Trust Authority Board of Trustees. Objection was heard. The question being: "Shall Caren Robinson be confirmed to the Alaska Mental Health Trust Authority Board of Trustees?" The roll of the House was taken with the following result: Alaska Mental Health Trust Authority Board of Trustees Confirm - Robinson HOUSE YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Porter, Rokeberg, Sanders, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Green, Hodgins, Kohring, Martin, Ogan, Phillips, Ryan, Vezey Barnes changed from "Yea" to "Nay". Green changed from "Yea" to "Nay". The roll of the Senate was called with the following result: Alaska Mental Health Trust Authority Board Confirm - Robinson SENATE YEAS: 16 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Pearce, Phillips, Sharp, Torgerson, Adams, Donley, Duncan, Ellis, Green, Halford, Hoffman, Leman, Lincoln, Mackie, Parnell, Miller Nays: Taylor, Ward, Wilken Excused: Kelly TOTAL: YEAS: 45 NAYS: 14 EXCUSED: 1 ABSENT: 0 1997-05-09 House Journal Page 1742 And so, Caren Robinson was confirmed. Senator Taylor moved and asked unanimous consent that the Governor's appointments to the following boards be confirmed: Board of Certified Direct-Entry Midwives Kaye Kanne - Juneau Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Mark Richey - Anchorage Appointed: 02/20/97 Expires: 07/21/99 Pam Weaver - Chugiak Appointed: 07/21/92 Reappointed: 08/21/96 Expires: 07/21/00 Board of Nursing Carolyn Keil - Anchorage Appointed: 04/11/97 Expires: 03/31/01 Josephine Malemute - Fairbanks Appointed: 08/30/95 Reappointed: 05/15/96 Expires: 03/31/00 Alaska Oil and Gas Conservation Commission Robert N. Christenson - Anchorage Appointed: 04/28/97 Expires: 12/31/00 Mary Coffey Marshburn - Homer Appointed: 01/01/97 Expires: 12/31/02 Board of Examiners in Optometry William D. Faulkner, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/00 Aharon Sternberg, O.D. - Anchorage Appointed: 08/21/96 Expires: 06/15/99 Personnel Board Katie T. Hurley - Wasilla Appointed: 08/01/96 Expires: 06/20/02 Board of Pharmacy Bonnie R. Stewart - Anchorage Appointed: 01/02/97 Expires: 04/01/00 Stanley P. Thompson, R.Ph. - Anchorage Appointed: 04/09/92 Reappointed: 01/02/97 Expires: 04/01/00 1997-05-09 House Journal Page 1743 State Physical Therapy and Occupational Therapy Board Dee Berline - Anchorage Appointed: 05/15/96 Expires: 01/01/00 Cary S. Keller, M.D. - Fairbanks Appointed: 10/13/92 Reappointed: 01/02/97 Expires: 09/01/00 Lawrence W. Seethaler, L.P.T. - Anchorage Appointed: 09/03/92 Reappointed: 01/02/97 Expires: 09/01/00 Objections were heard to Mary Coffey Marshburn and Katie T. Hurley. Senator Taylor moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Senator Taylor moved and asked unanimous consent that the appointees to the above boards be confirmed with the exception of Mary Coffey Marshburn to the Alaska Oil and Gas Conservation Commission and Katie T. Hurley to the Personnel Board. There being no objection, the appointees were confirmed. Senator Taylor moved that Mary Coffey Marshburn be confirmed to the Alaska Oil and Gas Conservation Commission. Objection was heard. Representative Davies rose to a point of order stating the question was improperly before the joint session. President Miller ruled the point out of order. Representative Davies appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be upheld?" The roll of the Senate was called with the following result: Uphold the Ruling of the Chair SENATE YEAS: 14 NAYS: 5 EXCUSED: 1 ABSENT: 0 1997-05-09 House Journal Page 1744 Yeas: Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Miller Nays: Adams, Duncan, Ellis, Hoffman, Lincoln Excused: Kelly The roll of the House was taken with the following result: Uphold Ruling of the Chair HOUSE YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia TOTAL: YEAS: 42 NAYS: 17 EXCUSED: 1 ABSENT: 0 And so, the ruling of the Chair was upheld. Senator Halford rose to a point of order regarding the subject of the debate. Senator Halford withdrew his point of order. The question being: "Shall Mary Coffey Marshburn be appointed to the Alaska Oil and Gas Conservation Commission?" The roll of the House was taken with the following result: Alaska Oil and Gas Conservation Commission Confirm - Marshburn HOUSE YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Porter 1997-05-09 House Journal Page 1745 Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams The roll of the Senate was called with the following result: Alaska Oil and Gas Conservation Commission Confirm - Marshburn SENATE YEAS: 5 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Duncan, Ellis, Hoffman, Lincoln Nays: Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Green, Halford, Leman, Mackie, Parnell, Pearce, Phillips, Miller Excused: Kelly TOTAL: YEAS: 18 NAYS: 41 EXCUSED: 1 ABSENT: 0 And so, Mary Coffey Marshburn was not confirmed. Senator Taylor moved that Katie T. Hurley be confirmed to the Personnel Board. Objection was heard. The question being: "Shall Katie T. Hurley be confirmed to the Personnel Board?" The roll of the Senate was called with the following result: Personnel Board Confirm - Hurley SENATE YEAS: 10 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Torgerson, Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Parnell, Phillips, Nays: Taylor, Ward, Wilken, Green, Halford, Leman, Pearce, Sharp, Miller 1997-05-09 House Journal Page 1746 Excused: Kelly Taylor changed from "Yea" to "Nay". The roll of the House was taken with the following result: Personnel Board Confirm - Hurley HOUSE YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Nicholia, Therriault, Williams Nays: Barnes, Cowdery, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey TOTAL: YEAS: 30 NAYS: 29 EXCUSED: 1 ABSENT: 0 And so, Katie T. Hurley was not confirmed. Senator Taylor moved and asked unanimous consent that the Governor's appointments to the following boards be confirmed: Professional Teaching Practices Commission Mary Lou Madden - Juneau Appointed: 10/07/94 Reappointed: 07/22/96 Expires: 07/01/99 Thomas L. Matheson - Dillingham Appointed: 07/23/93 Reappointed: 07/22/96 Expires: 07/01/99 Christine A. Miller - Fairbanks Appointed: 07/22/96 Expires: 07/01/99 Board of Psychologist and Psychological Associate Examiners Susan L. Baxter, M.S. - Anchorage Appointed: 08/21/96 Expires: 07/01/00 E. Ben Crawford, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/98 Gail C. Shortell, Esq. - Anchorage Appointed: 07/20/95 Reappointed: 08/21/96 Expires: 07/01/00 1997-05-09 House Journal Page 1747 David J. Sperbeck, Ph.D. - Anchorage Appointed: 08/21/96 Expires: 07/01/97 Alaska Public Offices Commission (APOC) Joyce Michaelson - Anchorage Appointed: 06/25/96 Expires: 02/01/01 Board of Certified Real Estate Appraisers Eileen R. Bechtol - Homer Appointed: 06/25/96 Expires: 06/30/99 Susan K. Crosson - Anchorage Appointed: 06/25/96 Expires: 06/30/98 Jon B. Wolfe - Douglas Appointed: 06/25/96 Expires: 06/30/00 Real Estate Commission Ruth Blackwell - Juneau Appointed: 08/24/95 Reappointed: 02/20/97 Expires: 01/31/01 University of Alaska Board of Regents Michael J. Burns - Anchorage Appointed: 03/21/97 Expires: 02/01/05 Elsa Demeksa - Juneau Appointed: 03/21/97 Expires: 02/01/05 Annette Nelson-Wright - Juneau Appointed: 04/21/97 Effective: 06/01/97 Expires: 06/01/99 Alaska Public Utilities Commission (APUC) James M. Posey - Anchorage Appointed: 01/21/97 Expires: 10/31/02 There being no objection, the appointees were confirmed. Senator Duncan moved and asked unanimous consent that the Joint Session rescind its action in failing to confirm Katie T. Hurley to the Personnel Board. Objection was heard. The question being: "Shall the joint session rescind its action in failing to confirm Katie T. Hurley to the Personnel Board?" The roll of the House was taken with the following result: 1997-05-09 House Journal Page 1748 Personnel Board Confirm - Hurley Rescind Action in Failing to Confirm HOUSE YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Mulder, Nicholia, Rokeberg, Williams Nays: Barnes, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Bunde changed from "Nay" to "Yea". The roll of the Senate was called with the following result: Personnel Board Confirm - Hurley Rescind Action in Failing to Confirm SENATE YEAS: 8 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Mackie, Phillips Nays: Torgerson, Ward, Wilken, Green, Halford, Leman, Parnell, Pearce, Sharp, Taylor, Miller Excused: Kelly TOTAL: YEAS: 28 NAYS: 31 EXCUSED: 1 ABSENT: 0 And so, the motion failed. Senator Taylor moved and asked unanimous consent that the Governor's appointments to the following boards be confirmed: 1997-05-09 House Journal Page 1749 Board of Veterinary Examiners Jean Battig, DVM - Fairbanks Appointed: 04/11/97 Expires: 01/31/00 William G. Lewis - North Pole Appointed: 06/25/96 Expires: 01/31/00 James L. Morris, D.V.M. - Wasilla Appointed: 01/02/97 Expires: 01/15/01 Connie J. Sanders, D.V.M. - Anchorage Appointed: 06/25/96 Expires: 01/31/99 Violent Crimes Compensation Board Louann Cutler - Anchorage Appointed: 01/02/97 Expires: 12/15/99 Leslie D. Wheeler - Wasilla Appointed: 05/15/96 Expires: 12/15/98 Alaska Workers' Compensation Board Valerie K. Baffone - Anchorage Appointed: 11/08/96 Expires: 07/01/97 John Giuchici - Fairbanks Appointed: 10/10/91 Reappointed: 07/15/93, 06/25/96 Expires: 07/01/99 Steve Hagedorn - Anchorage Appointed: 08/19/91 Reappointed: 07/01/93, 06/25/96 Expires: 07/01/99 Harriet M. Lawlor - Anchorage Appointed: 07/20/95 Reappointed: 06/25/96 Expires: 07/01/99 Shawn Pierre - Chugiak Appointed: 11/08/96 Expires: 07/01/97 There being no objection, the appointees were confirmed. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Miller adjourned the joint session at 2:11 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 2:12 p.m. 1997-05-09 House Journal Page 1750 ANNOUNCEMENTS Minority Caucus upon recess, 5/9 The following meeting today has been changed as indicated: Finance Committee 1:00 p.m., 5/9 meeting RESCHEDULED TO: 2:45 p.m., 5/9 The Speaker stated that, without objection, the House would recess until 6:00 p.m.; and so, the House recessed at 2:13 p.m. AFTER RECESS The Speaker called the House back to order at 7:17 p.m. A second quorum call showed 26 members present. SECOND READING OF SENATE BILLS SB 7 The following was read the second time: CS FOR SENATE BILL NO. 7(RLS) am "An Act reducing certain resident sport fishing, hunting, and trapping license fees, increasing certain nonresident sport fishing license and tag fees, and relating to nonresident sport fishing and hunting licenses and tags; and providing for an effective date." with the: Journal Page FSH RPT HCS(FSH) 1DP 3NR 848 SENATE FISCAL NOTE (F&G) 2/25/97 848 SENATE FISCAL NOTE (F&G) 3/5/97 848 SENATE ZERO FISCAL NOTE (DPS) 2/11/97 848 RES RPT HCS(RES) 3DP 2NR 1078 SENATE FISCAL NOTE (F&G) 2/25/97 1079 SENATE FISCAL NOTE (F&G) 3/5/97 1079 SENATE ZERO FISCAL NOTE (DPS) 2/11/97 1079 FIN RPT HCS(FIN) 3DP 4NR 1600 1997-05-09 House Journal Page 1751 SB 7 FISCAL NOTE (F&G) 1601 SENATE FISCAL NOTE (F&G) 2/25/97 1601 SENATE ZERO FISCAL NOTE (DPS) 2/11/97 1601 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. 7(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 7(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 7(FIN) will be in third reading on tomorrow's calendar. SB 29 The following was read the second time: CS FOR SENATE BILL NO. 29(FIN) "An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." with the: Journal Page CRA RPT HCS(CRA) 4DP 2NR 1AM 506 SENATE FISCAL NOTE (S.FIN) 2/6/97 506 FIN RPT HCS(FIN) 5DP 2NR 1443 SENATE FISCAL NOTE (S.FIN) 2/6/97 1444 RLS RPT HCS(RLS) 5DP 1NR 1714 SENATE FISCAL NOTE (S.FIN/REV) 2/6/97 1714 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1997-05-09 House Journal Page 1752 SB 29 HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Therriault: Page 2, line 15: Delete "SAFE" Page 3, line 2: Delete "SAFE" Page 4, line 19: Delete "Safe communities" Insert "Communities" Page 4, line 20: Delete "safe" Page 4, line 21: Delete "safe" Page 4, line 23: Delete "safe" Page 4, line 29: Delete "safe" Page 5, line 3: Delete "safe" Page 5, line 9: Delete "safe" Page 6, line 9: Delete "safe" Page 6, line 31: Delete "safe" 1997-05-09 House Journal Page 1753 SB 29 Page 7, line 15: Delete "safe" Page 7, line 22: Delete "safe" Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kemplen objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 29(RLS) Second Reading Amendment No. 1 YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Bunde, Cowdery, Foster, Green, Hanley, Hodgins, James, Kelly, Kohring, Martin, Masek, Moses, Ogan, Rokeberg, Ryan, Therriault, Vezey Nays: Barnes, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kott, Kubina, Mulder, Nicholia, Phillips, Porter, Williams Absent: Sanders And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 5, lines 16-17: Delete all material. Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Grussendorf objected. 1997-05-09 House Journal Page 1754 SB 29 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 29(RLS) Second Reading Amendment No. 2 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Cowdery, Hanley, Hodgins, Kelly, Kookesh, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey Nays: Austerman, Berkowitz, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams Cowdery changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Therriault: Page 5, lines 18-21: Delete all material. Representative Therriault moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 29(RLS) Second Reading Amendment No. 3 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Kelly, Kohring, Martin, Masek, Ogan, Rokeberg, Ryan, Therriault, Vezey 1997-05-09 House Journal Page 1755 SB 29 Nays: Austerman, Berkowitz, Croft, Davies, Davis, Elton, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Mulder, Nicholia, Phillips, Porter, Williams Absent: Moses, Sanders And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Joule: Page 7, line 16: Delete "$29,402,300" Insert "the amount appropriated to the fund for fiscal year 1998" Page 7, line 18: Delete "$29,402,300" Insert "the amount appropriated to the fund for fiscal year 1998" Representative Joule moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Davis objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 29(RLS) Second Reading Amendment No. 4 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Ryan, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams And so, Amendment No. 4 was not adopted. 1997-05-09 House Journal Page 1756 SB 29 Amendment No. 5 was offered by Representative Brice: Page 5, line 10: Delete "only" Page 5, line 10, following "for": Delete "the following services in the following ranking of priority" Representative Brice moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 29(RLS) Second Reading Amendment No. 5 YEAS: 15 NAYS: 22 EXCUSED: 0 ABSENT: 3 Yeas: Brice, Bunde, Cowdery, Foster, Hodgins, Kelly, Kohring, Kookesh, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey Nays: Austerman, Berkowitz, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams Absent: Barnes, Dyson, Hanley And so, Amendment No. 5 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 29(RLS) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard and withdrawn. There being no further objection, it was so ordered. HCS CSSB 29(RLS) was read the third time. 1997-05-09 House Journal Page 1757 SB 29 The question being: "Shall HCS CSSB 29(RLS) pass the House?" The roll was taken with the following result: HCS CSSB 29(RLS) Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 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, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Hanley Absent: Barnes And so, HCS CSSB 29(RLS) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Therriault gave notice of reconsideration of his vote on HCS CSSB 29(RLS). SB 70 The following was read the second time: CS FOR SENATE BILL NO. 70(JUD) "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." with the: Journal Page JUD RPT HCS(JUD) 2DP 2NR 1513 SENATE FISCAL NOTE (LAW) 4/9/97 1514 SENATE FISCAL NOTE (ADM) 4/10/97 1514 2 SEN ZERO FNS (DPS, DHSS) 2/21/97 1514 1997-05-09 House Journal Page 1758 SB 70 3 SEN ZERO FNS (COR, COURT, ADM) 4/10/97 1514 FIN RPT HCS(FIN) 4DP 3NR 1602 FISCAL NOTE (COURT) 1602 SENATE FN (ADM) 4/10/97 1602 SENATE FN (LAW) 4/9/97 1602 2 SENATE ZERO FNS (ADM, COR) 4/10/97 1602 2 SENATE ZERO FNS (DPS, DHSS) 2/21/97 1602 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. 70(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 1, lines 4-10: Delete all material. Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Dyson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 70(FIN) Second Reading Amendment No. 1 YEAS: 27 NAYS: 9 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kott, Moses, Nicholia, Porter, Rokeberg, Ryan, Therriault, Williams 1997-05-09 House Journal Page 1759 SB 70 Nays: Austerman, Dyson, James, Kubina, Martin, Masek, Mulder, Phillips, Sanders Absent: Barnes, Kookesh, Ogan, Vezey And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Berkowitz: Page 2, lines 12-13: Delete "(i) and the building is occupied; or (ii)" Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Dyson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 70(FIN) am H Second Reading Amendment No. 2 YEAS: 24 NAYS: 11 EXCUSED: 0 ABSENT: 5 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Porter, Rokeberg, Ryan, Therriault, Vezey Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Kohring, Martin, Masek, Mulder, Phillips, Sanders Absent: Ivan, Kelly, Kott, Ogan, Williams And so, Amendment No. 2 was adopted. Representative Porter moved and asked unanimous consent that HCSCSSB 70(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. 1997-05-09 House Journal Page 1760 SB 70 Representative Kubina objected. The Speaker stated that HCS CSSB 70(FIN) am H will be in third reading on tomorrow's calendar. SB 103 The following was read the second time: CS FOR SENATE BILL NO. 103(STA) am "An Act relating to hearings before and fees for the State Commission for Human Rights; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 10DP 1550 SENATE FISCAL NOTE (GOV) 4/29/97 1551 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. 103(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 103(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 103(FIN) was read the third time. The question being: "Shall HCS CSSB 103(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 103(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 1997-05-09 House Journal Page 1761 SB 103 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, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Hanley, Mulder, Ogan, Williams And so, HCS CSSB 103(FIN) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 103(FIN) was referred to the Chief Clerk for engrossment. The Speaker stated that the House would stand at ease until 9:30 p.m.; and so, the House stood at ease at 8:47 p.m. AFTER AT EASE The Speaker called the House back to order at 9:44 p.m. A third quorum call showed 30 members present. SECOND READING OF SENATE BILLS (Continued) SB 104 The following was read the second time: CS FOR SENATE BILL NO. 104(FIN) am "An Act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the 1997-05-09 House Journal Page 1762 SB 104 insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 4DP 3NR 1603 FISCAL NOTE (REV) 1604 ZERO FISCAL NOTE (DCED) 1604 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. 104(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCSCSSB 104(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 104(FIN) was read the third time. The question being: "Shall HCS CSSB 104(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 104(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 1997-05-09 House Journal Page 1763 SB 104 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, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Hanley, Moses, Ogan, Therriault, Vezey And so, HCS CSSB 104(FIN) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 104(FIN) was referred to the Chief Clerk for engrossment. SB 141 The following, which had been held in second reading to today's calendar (page 1669), was again before the House: 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." Amendment No. 1 was offered later. Amendment Nos. 2 and 3 were not offered. Amendment Nos. 4 and 5 were offered later. Amendment No. 6 was offered by Representative James: Page 8, line 17: Delete "and" Page 8, following line 17: Insert a new paragraph to read: 1997-05-09 House Journal Page 1764 SB 141 "(5) is not now in and has not in the three years immediately preceding the application been ordered by a court to complete an alcohol or substance abuse treatment program; and" Renumber the following paragraph accordingly. Representative James moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. Amendment No. 7 was offered by Representative Kelly: Page 4, line 21, following "agencies": Insert "; (C) within a domestic violence or sexual assault shelter that receives funding from the state" Page 6, lines 10 - 12: Delete all material and insert: "(i) In a prosecution (A) under (a)(4)(B) of this section, it is a defense that the defendant, at the time of possession, was authorized to possess the firearm under a rule of court; (B) under (a)(4)(C) of this section, it is a defense that the defendant, at the time of possession, was authorized in writing by the administrator of the shelter to possess the firearm." Representative Kelly moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Ryan objected and withdrew the objection. There being no further objection, Amendment No. 7 was adopted. Amendment No. 8 was offered by Representative Berkowitz: Page 8, line 17: Delete "and" Page 8, following line 17: Insert new paragraphs to read: 1997-05-09 House Journal Page 1765 SB 141 "(5) has not been convicted, within the five years immediately preceding the application, and is not currently charged under a complaint, information, indictment, or presentment, of a crime involving domestic violence as defined in AS 18.66.990; (6) is not now the respondent in a protective order under AS 18.66.100-18.66.180 unless the protective order has been dissolved or has expired; and" Renumber the following paragraph accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 8 YEAS: 10 NAYS: 24 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Croft, Davies, Dyson, Elton, Joule, Kemplen, Kookesh, Nicholia, Williams Nays: Austerman, Brice, Bunde, Cowdery, Davis, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Absent: Barnes, Grussendorf, Hanley, Kubina, Moses, Rokeberg And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Berkowitz: Page 8, line 17: Delete "and" Page 8, following line 17: Insert a new paragraph to read: 1997-05-09 House Journal Page 1766 SB 141 "(5) is not now in protective custody under AS47.37 or under commitment under AS47.37, and has not in the five years immediately preceding the application been taken into protective custody under AS47.37 or committed under AS47.37; and" Renumber the following paragraph accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 9 YEAS: 14 NAYS: 20 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Joule, Kemplen, Kookesh, Kubina, Nicholia, Porter, Williams Nays: Austerman, Cowdery, Davis, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Ryan, Sanders, Therriault, Vezey Absent: Barnes, Grussendorf, Hanley, Martin, Moses, Rokeberg And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Berkowitz: Page 8, lines 15 - 17: Delete all material and insert: "(4) has not been convicted of and is not currently charged under a complaint, information, indictment, or presentment with a felony or misdemeanor under the laws of this state or a similar law of another jurisdiction; and" 1997-05-09 House Journal Page 1767 SB 141 Page 9, lines 3 - 13: Delete all material. Renumber the following bill sections accordingly. Page 10, line 15, following "18.65.725(a)(3)," Insert "18.65.740(a)(2)," Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Vezey objected. Amendment to Amendment No. 10 was offered by Representative Davies: Under paragraph (4), following "felony": Delete "or misdemeanor" Following "jurisdiction; and": Delete all material. Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 10 be adopted. Representative Ryan objected. The question being: "Shall Amendment to Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment to Amendment No. 10 YEAS: 17 NAYS: 20 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Hodgins, Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia, Rokeberg, Sanders, Williams 1997-05-09 House Journal Page 1768 SB 141 Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Ryan, Vezey Absent: Hanley, Moses, Therriault And so, Amendment to Amendment No. 10 was not adopted. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 10 YEAS: 3 NAYS: 34 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Elton, Kemplen Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Moses, Therriault And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Vezey: Page 5, line 18, following "was": Insert "the holder of a valid permit to carry a concealed handgun under AS18.65.700- 18.65.790 or was" Representative Vezey moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 11 was adopted. 1997-05-09 House Journal Page 1769 SB 141 Amendment No. 1 was offered by Representative Davies: Page 9, line 25: Delete "and" Page 9, following line 25: Insert a new paragraph to read: "(2) within an office of the state or federal government or of a political subdivision of the state where notice that carrying a firearm is prohibited has been given by the posting of a conspicuous notice; and" Renumber the following paragraph accordingly. Page 9, following line 27: Insert a new bill section to read: "*Sec. 19. AS 18.65.755(b) is amended to read: "(b) In (a) of this section, the posting of a conspicuous notice is satisfied if the notice (1) is printed in legible English; (2) is at least 144 square inches in size; (3) contains the name and address of the person under whose authority the notice is posted; and (4) is posted at each entrance to the office, residence, or place where a meeting is held." Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 1 YEAS: 11 NAYS: 24 EXCUSED: 0 ABSENT: 5 1997-05-09 House Journal Page 1770 SB 141 Yeas: Berkowitz, Croft, Davies, Dyson, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Hanley, Kookesh, Kott, Moses, Williams And so, Amendment No. 1 was not adopted. Amendment No. 4 was offered by Representative Davies: Page 8, line 17: Delete "and" Page 8, line 19, following "AS 18.65.715": Delete "." Insert "; and (6) is not now suffering, and has not within the five years immediately preceding the application suffered, from a mental illness as defined in AS 47.30.915." Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative James objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 4 YEAS: 13 NAYS: 23 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kubina, Nicholia, Porter 1997-05-09 House Journal Page 1771 SB 141 Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hanley, Kookesh, Kott, Moses And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Davies: Page 8, line 19, following "AS 18.65.715": Delete "." Insert "; and (7) is not now and has not within the three years immediately preceding the application entered a substance abuse treatment program." Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative James objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 5 YEAS: 3 NAYS: 33 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Davies, Elton Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Hanley, Kookesh, Kott, Moses 1997-05-09 House Journal Page 1772 SB 141 And so, Amendment No. 5 was not adopted. Amendment No. 12 was offered by Representative Berkowitz: Page 8, line 17: Delete "and" Page 8, following line 17: Insert "(5) has not been convicted or is not currently charged with a felony under the laws of this state or a similar law of another jurisdiction; and" Representative Berkowitz moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Amendment No. 12 YEAS: 12 NAYS: 24 EXCUSED: 0 ABSENT: 4 Yeas: Berkowitz, Bunde, Davies, Elton, Green, Grussendorf, Joule, Kemplen, Kubina, Nicholia, Porter, Williams Nays: Austerman, Barnes, Brice, Cowdery, Croft, Davis, Dyson, Foster, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Hanley, Ivan, Kookesh, Moses And so, Amendment No. 12 was not adopted. Representative Kubina moved and asked unanimous consent that the House rescind previous action in failing to adopt Amendment No. 4. Objection was heard. 1997-05-09 House Journal Page 1773 SB 141 The question being: "Shall the House rescind previous action in failing to adopt Amendment No. 4?" The roll was taken with the following result: HCS CSSB 141(FIN) am H Second Reading Rescind previous action/Amendment No. 4 YEAS: 14 NAYS: 23 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Nicholia, Williams Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey Absent: Hanley, Moses, Therriault And so, the motion failed. Representative Porter moved and asked unanimous consent that HCSCSSB 141(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 141(FIN) am H will be in third reading on tomorrow's calendar. SB 151 The Speaker stated that, without objection, the following would be held over to tomorrow's calendar: CS FOR SENATE BILL NO. 151(FIN) am "An Act relating to public employment labor relations; relating to the protection of the rights of public employees under the Public Employment Relations Act; establishing ethical standards for union representatives of public employees; and establishing disclosure requirements for public employee labor organizations." 1997-05-09 House Journal Page 1774 SB 154 The Speaker stated that, without objection, the following would be held over to tomorrow's calendar: SENATE BILL NO. 154 "An Act relating to paternity determination and child support; relating to reporting of and access to financial or other information for child support purposes; making changes to laws relating to occupational, recreational, or other licenses, permits, certificates, or other authorizations issued by the state to facilitate administration of child support laws; relating to the interest rate on judgments or decrees for child support; relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; amending Rules 4, 5, 35, 52, 58, 60(b), 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date." SB 164 The following was read the second time: CS FOR SENATE BILL NO. 164(HES) am "An Act relating to the authority of an emergency medical technician at the scene of an accident or emergency." with the: Journal Page HES RPT 5DP 2NR 1605 SENATE ZERO FISCAL NOTE (DHSS) 4/18/97 1605 Representative Porter moved and asked unanimous consent that CSSB164(HES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 164(HES) am was read the third time. The question being: "Shall CSSB 164(HES) am pass the House?" The roll was taken with the following result: 1997-05-09 House Journal Page 1775 SB 164 CSSB 164(HES) am Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Ogan Absent: Foster, Hanley, James, Masek, Moses, Therriault And so, CSSB 164(HES) am passed the House. Representative Ogan gave notice of reconsideration of his vote on CSSB 164(HES) am. SB 177 The following was read the second time: SENATE BILL NO. 177 "An Act relating to the international trade and business endowment; and providing for an effective date." with the: Journal Page FIN RPT 2DP 4NR 1AM 1514 FISCAL NOTE (UA) 1514 SENATE FISCAL NOTE (REV) 4/28/97 1514 SENATE FISCAL NOTE (DCED) 4/22/97 1514 Representative Porter moved and asked unanimous consent that SB177 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 177 was read the third time. 1997-05-09 House Journal Page 1776 SB 177 The question being: "Shall SB 177 pass the House?" The roll was taken with the following result: SB 177 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Foster, Hanley, Masek, Moses, Therriault Bunde changed from "Nay" to "Yea". And so, SB 177 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 177 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 189 The following was read the second time: 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." with the: Journal Page HES RPT 4DP 3NR 1606 4 SENATE FNS (2-DOE, 2-LABOR) 4/30/97 1606 1997-05-09 House Journal Page 1777 SB 189 3 S ZERO FNS (DCED, ADM, LABOR) 4/30/97 1606 FIN RPT 2DP 6NR 1AM 1696 4 SENATE FNS (2-DOE, 2-LABOR) 4/30/97 1696 3 S ZERO FNS (LABOR, ADM, DCED) 4/30/97 1696 Representative Porter moved and asked unanimous consent that CSSB189(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 189(FIN) was read the third time. The question being: "Shall CSSB 189(FIN) pass the House?" The roll was taken with the following result: CSSB 189(FIN) Third Reading Final Passage YEAS: 33 NAYS: 4 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kelly, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: James, Kemplen, Kohring, Vezey Absent: Hanley, Moses, Therriault And so, CSSB 189(FIN) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 189(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. 1997-05-09 House Journal Page 1778 SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation In Memoriam - Joseph Jerue be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Joseph Jerue By Representatives Masek, Phillips, 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, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams THIRD READING OF HOUSE BILLS HB 159 The following, which was advanced to third reading from the May 8, 1997, calendar (page 1662), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 159(FIN) am "An Act relating to sale, gift, exchange, possession, and purchase of tobacco and tobacco products; and providing for an effective date." The question being: "Shall CSSSHB 159(FIN) am pass the House?" The roll was taken with the following result: CSSSHB 159(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 1997-05-09 House Journal Page 1779 HB 159 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Foster, Grussendorf, Ivan, Martin, Moses, Vezey And so, CSSSHB 159(FIN) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSSHB 159(FIN) am was referred to the Chief Clerk for engrossment. HB 189 The following, which was advanced to third reading from the May 8, 1997, calendar (page 1664), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." Representative Porter moved and asked unanimous consent that CSSSHB 189(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Cowdery: Page 2, line 9: Delete "have" Insert "control" Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. 1997-05-09 House Journal Page 1780 HB 189 The question being: "Shall CSSSHB 189(JUD) am pass the House?" The roll was taken with the following result: CSSSHB 189(JUD) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kott And so, CSSSHB 189(JUD) am passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 13 The following, which was advanced to third reading from the May 8, 1997, calendar (page 1690), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 13(HES) "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." The question being: "Shall HCS CSSB 13(HES) pass the House?" The roll was taken with the following result: HCS CSSB 13(HES) Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 1997-05-09 House Journal Page 1781 SB 13 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Nicholia, Porter, Rokeberg, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Dyson, Foster, Hodgins, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Phillips, Ryan, Sanders, Vezey And so, HCS CSSB 13(HES) passed the House. Representative Kott gave notice of reconsideration of his vote on HCS CSSB 13(HES). SECOND READING OF HOUSE RESOLUTIONS HJR 39 The following was read the second time: 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. with the: Journal Page RES RPT 5DP 1693 ZERO FISCAL NOTE (H.RES) 1694 Representative Porter moved and asked unanimous consent that HJR39 be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HJR 39 will be in third reading on tomorrow's calendar. 1997-05-09 House Journal Page 1782 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 - Dante Maria Chase Foster, 1997 Truman Fellow By Representatives Davies, Phillips, Berkowitz, Brice, Bunde, Croft, Elton, Foster, Green, Grussendorf, James, Joule, Kelly, Kohring, Kubina, Nicholia, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Honoring - Barrow Dancers By Representatives Joule, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kubina, Masek, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams Honoring - Skyview Panther Wrestlers, State Champions By Senator Ward; Representatives Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Ivan, James, Joule, Kelly, Kohring, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Elmer Gowdy By Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Foster, Grussendorf, James, Joule, Kelly, Kubina, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Duncan In Memoriam - Lola Tilly By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Arlene E. Kuhner By Representatives Bunde, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, James, Joule, Kelly, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Donley 1997-05-09 House Journal Page 1783 In Memoriam - Susan N. Jamison By Representatives Ivan, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Foster, Grussendorf, James, Joule, Kelly, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Hoffman In Memoriam - Jimmy Evan Aloysius, Sr. By Representatives Ivan, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Foster, Grussendorf, James, Joule, Kelly, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Hoffman In Memoriam - Tony Wasili By Representatives Ivan, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Elton, Foster, Grussendorf, James, Joule, Kelly, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Hoffman In Memoriam - Irene Josephine Benson By Representatives Ogan, Phillips, Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kohring, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Green CONCUR IN SENATE AMENDMENTS HB 83 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 1648) on the following at this time: CS FOR HOUSE BILL NO. 83(STA) "An Act relating to regulation of commercial vehicles; and providing for an effective date." and CS FOR HOUSE BILL NO. 83(STA) am S (same title) There being no objection, it was so ordered. 1997-05-09 House Journal Page 1784 HB 83 Representative Porter moved that the House concur in the Senate amendment to CSHB 83(STA), thus adopting CSHB 83(STA) am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 83(STA)? The roll was taken with the following result: CSHB 83(STA) am S Concur YEAS: 30 NAYS: 7 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Barnes, Foster, Kelly, Kott, Mulder, Ogan, Vezey Absent: Bunde, Moses, Nicholia And so, the House concurred in the Senate amendment, thus adopting CSHB 83(STA) am S. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. CSHB 83(STA) am S was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HJR 34 A message dated May 9, 1997, was read stating the Senate has passed: 1997-05-09 House Journal Page 1785 HJR 34 HOUSE JOINT RESOLUTION NO. 34 Relating to proposed regulations of the North Pacific Fishery Management Council creating a new discriminatory halibut fishery in Alaska. HJR 34 was referred to the Chief Clerk for enrollment. HB 152 A message dated May 9, 1997, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 152(HES) "An Act regulating hospice care." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 152(RLS) "An Act relating to hospice care." New Title authorized by SCR 15. CSHB 152(HES) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS Messages dated May 9, 1997, were read stating the Senate has passed the following, and they are transmitted for consideration: SCR 16 CS FOR SENATE CONCURRENT RESOLUTION NO. 16(FIN) by the Senate Finance Committee: Urging the state executive branch administration, University of Alaska administration, and Alaska Court System administration to negotiate collective bargaining agreements that result in a net zero cost increase. was read the first time and referred to the Rules Committee. 1997-05-09 House Journal Page 1786 SB 122 SENATE BILL NO. 122 by the Senate Labor & Commerce Committee by request, entitled: "An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date." was read the first time and referred to the State Affairs and Labor & Commerce Committees and the House Special Committee on World Trade and State/Federal Relations. SB 154 CS FOR SENATE BILL NO. 154(FIN) am by the Senate Finance Committee, entitled: "An Act making statutory changes that will be repealed on July 1, 1999, relating to paternity determination and child support; making statutory changes that will be repealed on July 1, 1999, relating to reporting of and access to financial or other information for child support purposes; making statutory changes that will be repealed on July 1, 1999, to laws relating to occupational licenses, crewmember fishing licenses, drivers' licenses, and other permits, certificates, or other authorizations issued by the state, other than recreational fishing and hunting licenses, to facilitate administration of child support laws; making statutory changes that will be repealed on July 1, 1999, relating to immunity from civil liability for good faith compliance with reporting or other requirements for child support purposes; making statutory changes that will be repealed on July 1, 1999, relating to voiding fraudulent transfers and to penalties for noncompliance with orders for child support purposes; making statutory changes that will be repealed on July 1, 1999, providing that an obligor will be considered to be in substantial compliance with a support order or payment schedule if a court determines that the obligor is making the best efforts possible to have no arrearages; making statutory changes that will be repealed on July 1, 1999, providing that the authority of a tribunal to order that service be given to a party by first class mail applies to subsequent child support enforcement efforts by the agency with respect to that party; making statutory changes that will be repealed on July 1, 1999, allowing a party 1997-05-09 House Journal Page 1787 SB 154 aggrieved by an order of nondisclosure of information relating to a party or a child in a child support proceeding to contest that order in a hearing when the order was based on an ex parte finding of risk; retaining existing law relating to the duty of employers and labor unions to provide employment and compensation reports to the child support enforcement agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative subpoenas of the child support enforcement agency be served in the manner provided for service of liens by the agency; making statutory changes that will be repealed on July 1, 1999, requiring that administrative orders to withhold and deliver be served by the child support enforcement agency electronically or in the manner provided for service of liens by the agency; retaining existing law with respect to whether a lien arising under the child support laws of another state shall be given full faith and credit in this state; making statutory changes that will be repealed on July 1, 1999, allowing the child support enforcement agency of this or another state, but not any other person, to serve a copy of certain liens relating to child support at any time after recording of the lien; making statutory changes that will be repealed on July 1, 1999, allowing the periodic modification of child support orders without a showing of a material change in circumstances but only if the order was not modified in the three years preceding the periodic modification; making statutory changes that will be repealed on July 1, 1999, modifying the duties of the child support enforcement agency but not authorizing the agency to enter into contracts or agreements with contractors to perform some or all of the function of the agency's disbursement unit; reenacting and reinstating existing laws relating to child support and paternity determination upon the repeal of the changes made by this law on July 1, 1999; amending Rules 4, 5, 35, 52, 58, 78, 90.1, and 90.3, Alaska Rules of Civil Procedure; amending Rule 901, Alaska Rules of Evidence; amending Rules 3 and 5, Alaska Bar Association Rules; repealing the effective date of sec. 45, ch. 107, SLA 1996; and providing for an effective date." was read the first time and referred to the Finance Committee. 1997-05-09 House Journal Page 1788 SB 154 The message further stated that under Rule 43(b) of the Uniform Rules, engrossment had been waived and the following certified amendments were attached: Amendment No. 1 (page 1911 of the Senate Journal). Amendment No. 2 (page 1912 of the Senate Journal). REPORTS OF STANDING COMMITTEES SB 178 The Finance Committee has considered: 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." The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (5): Therriault, Hanley, Martin, Davies, Grussendorf Do not pass (2): Kohring, Foster No recommendation (2): Davis, Kelly The following fiscal notes apply: Senate fiscal notes (2), Dept. of Administration, 5/2/97 Senate fiscal note, Dept. of Revenue, 5/2/97 CSSB 178(FIN) am was referred to the Rules Committee for placement on the calendar. 1997-05-09 House Journal Page 1789 UNFINISHED BUSINESS SB 25 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: CS FOR SENATE BILL NO. 25(FIN) "An Act relating to the Department of Corrections' providing an automated victim notification and prisoner information system." CSSB 25(FIN) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 265 Representative James added her name as cosponsor to: CS FOR HOUSE BILL NO. 265(STA) am "An Act relating to pamphlets, publications, plans, and records of state agencies; and relating to reports to and from state agencies and the governor." SB 25 Representative Kemplen added his name as cross sponsor to: CS FOR SENATE BILL NO. 25(FIN) "An Act relating to the Department of Corrections' providing an automated victim notification and prisoner information system." SB 29 Representative Croft added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 29(RLS) "An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date." SB 70 Representatives Brice and Croft added their names as cross sponsors to: 1997-05-09 House Journal Page 1790 SB 70 HOUSE CS FOR CS FOR SENATE BILL NO. 70(FIN) am H "An Act relating to the discharge of firearms at or in the direction of buildings and dwellings." SB 164 Representative Nicholia added her name as cross sponsor to: CS FOR SENATE BILL NO. 164(HES) am "An Act relating to the authority of an emergency medical technician at the scene of an accident or emergency." ENGROSSMENT HB 159 CSSSHB 159(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 189 CSSSHB 189(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 265 CSHB 265(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 103 HCS CSSB 103(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 104 HCS CSSB 104(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1997-05-09 House Journal Page 1791 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 1:00 p.m., May 10, 1997. There being no objection, the House adjourned at 1:19 a.m., May 10, 1997. Suzi Lowell Chief Clerk