Legislature(1997 - 1998)
1998-04-17 House Journal
Full Journal pdf1998-04-17 House Journal Page 3033 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 17, 1998 Ninety-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:17 a.m. Roll call showed 39 members present. Representative Hanley was absent and his presence was noted later. The invocation was sung by the Kodiak Bible Chapel High School Choir. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Sweeter As the Days Go By The more I trust Him, the more I love Him. Nothing good for me is denied. The longer I know Him, the better I can show Him I couldn't stop now if I tried. Oh, it gets sweeter, sweeter as the days go by, as the days go by, sweeter as the days go by. It gets sweeter, sweeter as the moments fly, as the moments fly, sweeter as the moments fly. His love is richer, richer, deeper, deeper, fuller, fuller, sweeter, sweeter, sweeter, sweeter, sweeter, sweeter, sweeter as the days go by. 1998-04-17 House Journal Page 3034 The moment He saved me His mercies He gave me Christ is settled deep in my heart. There's great joy in knowing with Him I am growing and never more from Him to depart. The Pledge of Allegiance was led by Representative Ryan. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 95th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 135 A message dated April 16, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 135(L&C) "An Act extending the termination date of the Board of Dental Examiners to June 30, 2001; eliminating a requirement that a dental applicant's photograph be autographed; specifying the circumstances under which a person may be licensed as a dentist in this state without examination when the person is licensed as a dentist in another jurisdiction whose licensing requirements are not equivalent to this state's requirements; and providing for an effective date." Chapter No. 13, SLA 1998 Effective Date: April 17, 1998 MESSAGES FROM THE SENATE A message dated April 16, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: 1998-04-17 House Journal Page 3035 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 23 SENATE CONCURRENT RESOLUTION NO. 23 am 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. 2, relating to the permanent fund dividend program. was read the first time and referred to the Rules Committee for placement on the calendar. FIRST READING AND REFERENCE OF SENATE BILLS SB 233 CS FOR SENATE BILL NO. 233(FIN) am by the Senate Finance Committee, entitled: "An Act relating to peace officer powers of employees of the Alcoholic Beverage Control Board; relating to membership on the Alcoholic Beverage Control Board; extending the termination date of the Alcoholic Beverage Control Board; relating to sales of beer and wine on a golf course or at a recreational site; relating to notice of alcohol-related arrests; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. REPORTS OF STANDING COMMITTEES HB 122 The Judiciary Committee has considered: 1998-04-17 House Journal Page 3036 HB 122 HOUSE BILL NO. 122 "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals and to execution on judgments against prisoners' accounts; amending Alaska Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal Procedure 35; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 122(JUD) "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals; relating to violation of certain testing orders for those convicted of certain crimes; relating to probation and parole conditions and revocation of parole; amending Rule 10(e), Alaska Administrative Rules, Rule 502(b), Alaska Rules of Appellate Procedure, Rule 26, Alaska Rules of Civil Procedure, and Rules 32 and 35, Alaska Rules of Criminal Procedure." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (2): Porter, Green No recommendation (3): Rokeberg, Croft, Berkowitz The following fiscal notes apply to CSHB 122(JUD): Zero fiscal notes (2), Dept. of Administration, 2/10/98 Zero fiscal note, Dept. of Corrections, 2/10/98 Zero fiscal note, Dept. of Law, 2/10/98 HB 122 was referred to the Finance Committee. HB 388 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 388 "An Act relating to the right to refuse to sell, give, or serve an alcoholic beverage." 1998-04-17 House Journal Page 3037 HB 388 The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (3): Dyson, Bunde, Porter No recommendation (3): Green, Kemplen, Brice The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 4/17/98 HB 388 was referred to the Labor & Commerce Committee. HB 401 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 401 "An Act relating to contracts for the provision of state public assistance to certain recipients in the state; providing for regional public assistance plans and programs in the state; relating to grants for Alaska tribal family assistance programs; and providing for an effective date." The report was signed by Representative Bunde, Chair, with the following individual recommendations: Do pass (4): Dyson, Bunde, Porter, Kemplen No recommendation (1): Green Amend (1): Brice The following fiscal note applies: Zero fiscal note, Dept. of Health & Social Services, 2/12/98 HB 401 was referred to the Finance Committee. HB 406 The Finance Committee has considered: 1998-04-17 House Journal Page 3038 HB 406 HOUSE BILL NO. 406 "An Act relating to subsistence uses of fish and game." and recommends it be replaced with: CS FOR HOUSE BILL NO. 406(FIN) "An Act authorizing the Board of Fisheries and the Board of Game to identify fish and game that are taken or used for subsistence, to identify subsistence and nonsubsistence areas, and to establish preferences for subsistence fishing and hunting based on the availability of fish and game resources; providing for the identification of qualified subsistence users; providing for the regulation of the subsistence taking and use of fish and game; prohibiting and providing a penalty for false reports of information relating to the subsistence taking or use of fish or game or to eligibility to engage in subsistence; establishing regional advisory committees; amending the definitions of 'customary and traditional,' 'subsistence fishing,' 'subsistence hunting,' and 'subsistence uses'; repealing the definition of 'rural area'; repealing subsistence hunting and fishing statutes that are to take effect upon the sunset of the current subsistence hunting and fishing statute; and providing for an effective date." The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (1): Therriault Do not pass (5): Davies, Grussendorf, Moses, Davis, Foster No recommendation (4): Hanley, Mulder, Martin, Kelly Amend (1): Kohring The following fiscal notes apply to CSHB 406(FIN): Fiscal note, Alaska Court System, 4/17/98 Fiscal note, Dept. of Law, 4/17/98 Fiscal notes (6), Dept. of Fish & Game, 4/17/98 1998-04-17 House Journal Page 3039 HB 406 HB 406 was referred to the Rules Committee for placement on the calendar. HB 473 The Judiciary Committee has considered: HOUSE BILL NO. 473 "An Act relating to training and certification of fire fighters, fire instructors, and certain emergency responders; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 473(JUD) "An Act relating to training and certification of fire services personnel; relating to certification of fire services training programs; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Porter No recommendation (3): Green, Bunde, Berkowitz Amend (2): Rokeberg, Croft The following fiscal note applies to CSHB 473(JUD): Fiscal note, Dept. of Public Safety, 4/17/98 HB 473 was referred to the Rules Committee for placement on the calendar. HB 481 The State Affairs Committee has considered: 1998-04-17 House Journal Page 3040 HB 481 HOUSE BILL NO. 481 "An Act relating to application for and payment of permanent fund dividends of certain deceased individuals; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 481(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Ivan, Hodgins No recommendation (3): Elton, Berkowitz, Ryan The following fiscal note applies to CSHB 481(STA): Zero fiscal note, Dept. of Revenue, 4/17/98 HB 481 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Karen Cowart By Representatives Kott, Kubina, Barnes Honoring - Keith Cordell By Representative Ryan Honoring - Hospice of Anchorage By Representative Ryan In Memoriam - Rose Navarre By Representatives Davis, Phillips, Hodgins 1998-04-17 House Journal Page 3041 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 487 HOUSE BILL NO. 487 by the House Judiciary Committee by request, entitled: "An Act relating to including the costs of expansion activities and political activities in rates of electric cooperatives." was read the first time and referred to the Judiciary, Labor & Commerce and Finance Committees. HB 488 HOUSE BILL NO. 488 by the House Rules Committee, entitled: "An Act relating to the Alaska Royalty Oil and Gas Development Advisory Board." was read the first time and referred to the House Special Committee on Oil & Gas and the Finance Committee. RECONSIDERATION SB 299 Representative Kelly brought up reconsideration of the vote on SB 299 am H (page 3025). The following was again before the House in third reading: SENATE BILL NO. 299 am H "An Act relating to the treatment of well test flares, nonroad engines, and aggregated fuel burning equipment associated with nonroad engines under the state's air quality control program; defining 'stationary source' for purposes of the state's air quality program." Representative Porter placed a call of the House. 1998-04-17 House Journal Page 3042 SB 299 **The presence of Representative Hanley was noted. The Speaker stated the call was satisfied. The question to be reconsidered: "Shall SB 299 am H pass the House?" The roll was taken with the following result: SB 299 am H--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, 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, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia And so, SB 299 am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/17 Minority Caucus upon recess, 4/17 The Speaker stated that, without objection, the House would recess until 11:00 a.m.; and so, the House recessed at 10:46 a.m. AFTER RECESS The Speaker called the House back to order at 11:14 a.m. 1998-04-17 House Journal Page 3043 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 144 The following was read the second time: HOUSE BILL NO. 144 "An Act authorizing the Department of Environmental Conservation to charge certain fees relating to registration of pesticides and broadcast chemicals; and providing for an effective date." with the: Journal Page RES RPT 3DP 5NR 1038 ZERO FISCAL NOTE (DEC) 1038 FIN RPT CS(FIN) NT 3DP 3DNP 4NR 2784 FISCAL NOTE (DEC) 2785 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. 144(FIN) "An Act relating to the authority of the Department of Environmental Conservation to charge fees; and providing for an effective date." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 144(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Elton objected. The Speaker stated that CSHB 144(FIN) would be in third reading on tomorrow's calendar. 1998-04-17 House Journal Page 3044 HB 272 The following was read the second time: HOUSE BILL NO. 272 "An Act to permit a court to order a defendant who receives a sentence of imprisonment for a misdemeanor to serve the sentence by electronic monitoring; and relating to the crime of unlawful evasion." with the: Journal Page JUD RPT CS(JUD) NT 6DP 2494 FISCAL NOTE (COR) 2495 ZERO FISCAL NOTE (ADM) 2495 FIN RPT CS(FIN) NT 8DP 2962 FISCAL NOTE (H.FIN/COR) 2962 ZERO FISCAL NOTE (ADM) 3/4/98 2962 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. 272(FIN) "An Act relating to allowing the commissioner of corrections to allow a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring; and relating to the crime of escape." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 272(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 272(FIN) was read the third time. The question being: "Shall CSHB 272(FIN) pass the House?" The roll was taken with the following result: 1998-04-17 House Journal Page 3045 HB 272 CSHB 272(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, CSHB 272(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 393 The following was read the second time: HOUSE BILL NO. 393 "An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in such contracts of terms making certain adjustments regarding royalty value and the timing and notice of the state's right to take royalty in kind or in value from such projects; relating to the effect of such contracts on municipal taxation; and providing for an effective date." with the: Journal Page O&G RPT CS(O&G) NT & ATTACHED AM 1DP 5NR 2749 2 FISCAL NOTES (DNR, REV) 2/11/98 2750 RES RPT CS(RES) NT 3DP 6NR 2867 2 FISCAL NOTES (DNR, REV) 2/11/98 2868 FIN RPT CS(RES) NT 4DP 5NR 2900 2 FISCAL NOTES (DNR, REV) 2/11/98 2901 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1998-04-17 House Journal Page 3046 HB 393 CS FOR HOUSE BILL NO. 393(RES) "An Act relating to contracts with the state establishing payments in lieu of other taxes by a qualified sponsor or qualified sponsor group for projects to develop stranded gas resources in the state; providing for the inclusion in the contracts of terms making certain adjustments regarding royalty value and the timing and notice of the state's right to take royalty in kind or in value from projects to develop stranded gas resources in the state; relating to the effect of the contracts on municipal taxation; and providing for an effective date." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 393(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 393(RES) was read the third time. Representative Kubina placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall CSHB 393(RES) pass the House?" The roll was taken with the following result: CSHB 393(RES) Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Bunde, Martin, Masek, Vezey And so, CSHB 393(RES) passed the House. 1998-04-17 House Journal Page 3047 HB 393 Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 393(RES) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 220 The following was read the second time: CS FOR SENATE BILL NO. 220(FIN)(title am) "An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation for payment of management fees for fiscal year 1998; and providing for an effective date." with the: Journal Page FIN RPT 11DP 2618 Representative Porter moved and asked unanimous consent that CSSB 220(FIN)(title am) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 220(FIN)(title am) was read the third time. Representative Kubina placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall CSSB 220(FIN)(title am) pass the House?" The roll was taken with the following result: CSSB 220(FIN)(title am) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1998-04-17 House Journal Page 3048 SB 220 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, CSSB 220(FIN)(title am) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 220(FIN)(title am) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 265 The following was read the second time: SENATE BILL NO. 265 "An Act designating the moose as the state land mammal." with the: Journal Page STA RPT 6DP 1AM 2541 SENATE ZERO FISCAL NOTE (S.STA) 2/11/98 2541 Amendment No. 1 was offered by Representative Mulder: Page 1, line 4: Delete "The moose (Alces alces)" Insert "John Torgerson (Homo Sapien Torgius)" Representative Mulder moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that SB 265 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-04-17 House Journal Page 3049 SB 265 SB 265 am H was read the third time. The question being: "Shall SB 265 am H pass the House?" The roll was taken with the following result: SB 265 am H Third Reading Final Passage YEAS: 12 NAYS: 18 EXCUSED: 0 ABSENT: 10 Yeas: Austerman, Barnes, Davis, Dyson, Green, Ivan, Masek, Mulder, Ogan, Phillips, Porter, Ryan Nays: Brice, Davies, Elton, Grussendorf, Hanley, Hodgins, Hudson, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Moses, Nicholia, Rokeberg, Sanders, Vezey Absent: Berkowitz, Bunde, Cowdery, Croft, Foster, James, Kelly, Martin, Therriault, Williams And so, SB 265 am H failed to pass the House. Representative Porter gave notice of reconsideration of his vote on SB 265 am H(fld H). RECONSIDERATION SB 265 Representative Porter moved and asked unanimous consent that the reconsideration of SB 265 am H(fld H) be taken up on the same day. There being no objection, it was so ordered. SB 265 am H was again before the House in third reading. Representative Porter moved and asked unanimous consent that SB 265 am H be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1 (page 3048). There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House rescind previous action in adopting Amendment No. 1. 1998-04-17 House Journal Page 3050 SB 265 Objection was heard. The question being: "Shall the House rescind previous action in adopting Amendment No. 1?" The roll was taken with the following result: SB 265 am H--RECONSIDERATION Second Reading Rescind previous action/Amendment No. 1 YEAS: 29 NAYS: 1 EXCUSED: 0 ABSENT: 10 Yeas: Austerman, Barnes, Brice, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders Nays: Vezey Absent: Berkowitz, Bunde, Cowdery, Croft, Foster, James, Kelly, Martin, Therriault, Williams And so, the motion passed. Representative Mulder moved and asked unanimous consent to withdraw Amendment No. 1. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 1 was withdrawn. SB 265 was again read the third time. The question to be reconsidered: "Shall SB 265 pass the House?" The roll was taken with the following result: SB 265--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 0 ABSENT: 9 1998-04-17 House Journal Page 3051 SB 265 Yeas: Austerman, Barnes, Brice, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey Absent: Berkowitz, Bunde, Cowdery, Croft, Foster, James, Martin, Therriault, Williams Rokeberg changed from "Nay" to "Yea". Kemplen changed from "Nay" to "Yea". And so, SB 265 passed the House on reconsideration, was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF SENATE BILLS SB 307 The following, which was advanced to third reading from the April 16, 1998 calendar (page 3022), was read the third time: HOUSE CS FOR SENATE BILL NO. 307(RLS) "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date." Representative Kott moved and asked unanimous consent that HCS SB 307(RLS) be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Kott: Page 1, line 8, following "person": Insert "who, if the predecessor in office was nominated by a political party, has been, for the six months before the date of the vacancy and is on the date of appointment, a member" Representative Kott moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kubina objected and withdrew his objection. There being no further objection, it was so ordered. 1998-04-17 House Journal Page 3052 SB 307 Representative Porter placed a call of the House for the remainder of the calendar. The Speaker stated that the call was satisfied. The question being: "Shall HCS SB 307(RLS) am H pass the House?" The roll was taken with the following result: HCS SB 307(RLS) am H Third Reading Final Passage 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 Davies changed from "Yea" to "Nay". And so, HCS SB 307(RLS) am H 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 SB 307(RLS) am H was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 2 The following was read the second time: HOUSE JOINT RESOLUTION NO. 2 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. 1998-04-17 House Journal Page 3053 HJR 2 with the: Journal Page STA RPT 3DP 1NR 579 FISCAL NOTE (GOV) 579 JUD RPT CS(JUD) 5DP 2NR 1440 FISCAL NOTE (GOV) 3/7/97 1441 FIN RPT 4DP 1DNP 4NR 2085 FISCAL NOTE (GOV) 2085 Amendment No. 1 was offered by Representative Kubina: Page 1, lines 1 - 2 (title amendment): Delete all material and insert: "Proposing an amendment to the Constitution of the State of Alaska authorizing a priority for subsistence uses of renewable natural resources that is based on rural residency; and providing for an effective date." Page 1, lines 4 - 13: Delete all material and insert: "* Section 1. ArticleVIII, Constitution of the State of Alaska, is amended by adding a new section to read: Section 19. Subsistence. The legislature may, consistent with the sustained yield principle, provide a priority for subsistence uses in the taking of fish and wildlife and other renewable natural resources based on rural residency. * Sec. 2. The amendment proposed by this resolution shall be placed before the voters of the state at the next general election in conformity with art.XIII, sec.1, Constitution of the State of Alaska, and the election laws of the state. * Sec. 3. If adopted by the voters at the next general election, the amendment proposed by this resolution takes effect immediately upon certification of the election returns by the lieutenant governor." Representative Kubina moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. The Speaker ruled Amendment No. 1 out of order citing Rule 402 of Mason's Manual. 1998-04-17 House Journal Page 3054 HJR 2 Representative Porter moved and asked unanimous consent that HJR2 be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HJR 2 would be in third reading on tomorrow's calendar. THIRD READING OF SENATE RESOLUTIONS SJR 3 The following, which was advanced to third reading from the April 16, 1998 calendar (page 3026), was read the third time: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.3(FIN) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States. The question being: "Shall HCS CSSJR 3(FIN) pass the House?" The roll was taken with the following result: HCS CSSJR 3(FIN) Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, 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, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia And so, HCS CSSJR 3(FIN) passed the House. Representative Porter moved and asked unanimous consent that the House adopt the House Finance Committee letter of intent (page 2473). 1998-04-17 House Journal Page 3055 SJR 3 There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of his vote on HCS CSSJR 3(FIN). RECONSIDERATION SB 211 Representative Rokeberg brought up reconsideration of the vote on SB 211 (page 3017). The following was again before the House in third reading: SENATE BILL NO. 211 "An Act renaming the Gravina Veterans' Memorial Bridge as the Ralph M. Bartholomew Veterans' Memorial Bridge." The question to be reconsidered: "Shall SB 211 pass the House?" The roll was taken with the following result: SB 211--RECONSIDERATION Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, SB 211 passed the House on reconsideration, was signed by the Speaker and Chief Clerk and returned to the Senate. 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: 1998-04-17 House Journal Page 3056 Commending - Breast Cancer Detection Center of Alaska By Representatives Ryan, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Vezey, Williams Honoring - Ester Cox By Representatives Ryan, Berkowitz, Brice, Croft, Davies, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Vezey, Williams Honoring - Service Cross-Country Ski Team By Representatives Green, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Tanya Gaston By Representatives Masek, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hodgins, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Green Honoring - Charles "Chuck" Hunt By Representatives Ivan, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Honoring - Myrtle Johnson, A Woman of Legendary Dedication and Commitment By Representatives Foster, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Adams Honoring - Polaris Blue Soccer Team By Senators Green, Halford; Representatives Ogan, Berkowitz, Brice, Croft, Davies, Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1998-04-17 House Journal Page 3057 Honoring - The Fraternal Order of Eagles, Skagway Aerie No. 25, 100 Year Anniversary By Senator Mackie; Representatives Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Hannah Paniptchuk Katongan By Representatives Foster, Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Ivan, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Adams In Memoriam - Charlie A. Edwardsen, Sr. By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Adams UNFINISHED BUSINESS HB 473 The Speaker added a Finance Committee referral for the following: HOUSE BILL NO. 473 "An Act relating to training and certification of fire fighters, fire instructors, and certain emergency responders; and providing for an effective date." HB 473 was removed from the Rules Committee and referred to the Finance Committee. SB 180 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: CS FOR SENATE BILL NO. 180(FIN) "An Act relating to state rights-of-way." Representative Porter objected. 1998-04-17 House Journal Page 3058 SB 180 The question being: "Shall CSSB 180(FIN) be withdrawn from committee?" The roll was taken with the following result: CSSB 180(FIN) Withdraw from Committee YEAS: 3 NAYS: 37 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Kemplen, Vezey Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Ogan changed from "Yea" to "Nay". Kohring changed from "Yea" to "Nay". And so, the motion failed. CSSB 180(FIN) is in the Rules Committee. SB 11 Representative Kemplen moved and asked unanimous consent that the following bill be withdrawn from committee: CS FOR SENATE BILL NO. 11(FIN)(title am) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." Representative Porter objected. The question being: "Shall CSSB 11(FIN)(title am) be withdrawn from committee?" The roll was taken with the following result: 1998-04-17 House Journal Page 3059 SB 11 CSSB 11(FIN)(title am) Withdraw from Committee YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Vezey Nays: 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, Williams Absent: Grussendorf And so, the motion failed. CSSB 11(FIN)(title am) is in the Finance Committee. HB 488 The Speaker waived the House Special Committee on Oil & Gas referral for the following at the request of Representative Hodgins, Chair: HOUSE BILL NO. 488 "An Act relating to the Alaska Royalty Oil and Gas Development Advisory Board." HB 488 was removed from the House Special Committee on Oil & Gas and referred to the Finance Committee. RECONSIDERATION SB 261 Representative Ogan brought up reconsideration of the vote on HCS CSSB 261(FIN) (page 3019). The following was again before the House in third reading: 1998-04-17 House Journal Page 3060 SB 261 HOUSE CS FOR CS FOR SENATE BILL NO. 261(FIN) "An Act relating to the Special Olympics World Winter Games to be held in Anchorage in the year 2001; establishing a reserve fund for the games; providing certain duties and authority for the Alaska Industrial Development and Export Authority regarding financing for those games; and providing for an effective date." Representative Porter placed a call of the House The Speaker stated the call was satisfied. The question to be reconsidered: "Shall HCS CSSB 261(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 261(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kohring, Vezey And so, HCS CSSB 261(FIN) passed the House on reconsideration. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS CSSB 261(FIN) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 203 Representative Cowdery added his name as cosponsor to: 1998-04-17 House Journal Page 3061 HB 203 HOUSE BILL NO. 203 "An Act relating to actions for unlawful trade practices." HB 272 Representatives Croft, Rokeberg and Kemplen added their names as cosponsors to: CS FOR HOUSE BILL NO. 272(FIN) "An Act relating to allowing the commissioner of corrections to allow a prisoner to serve a term of imprisonment or period of temporary commitment by electronic monitoring; and relating to the crime of escape." SB 265 Representative Nicholia, first cross sponsor (page 2410), changed her name to second cross sponsor; and, Representative Dyson added his name as cross sponsor to: SENATE BILL NO. 265 "An Act designating the moose as the state land mammal." ENGROSSMENT HB 272 CSHB 272(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 393 CSHB 393(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 261 HCS CSSB 261(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 299 SB299 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-04-17 House Journal Page 3062 SB 307 HCS SB 307(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 25 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:35 p.m., April 17, 1998: SENATE CS FOR SS FOR HOUSE CONCURRENT RESOLUTION NO. 25(HES) am S Relating to Step Family Day. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 4/17 Minority Caucus upon adj., 4/17 The following meetings today have been changed as indicated: Transportation Committee 1:00 p.m., 4/17 meeting CANCELED Finance Committee 1:30 p.m., 4/17 meeting CHANGED TO: 3:00 p.m., 4/17 Labor & Commerce Committee 3:15 p.m., 4/17 meeting CHANGED TO: 3:30 p.m., 4/17 Judiciary Committee 1:00 p.m., 4/17 meeting CHANGED TO: after caucus, 4/17 1998-04-17 House Journal Page 3063 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 1:00 p.m., April 18, 1998. There being no objection, the House adjourned at 2:14 p.m. Suzi Lowell Chief Clerk