Legislature(1997 - 1998)
1998-04-18 House Journal
Full Journal pdf1998-04-18 House Journal Page 3065 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Saturday April 18, 1998 Ninety-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 1:21 p.m. Roll call showed 33 members present. Representatives Grussendorf, Hanley, Martin, Moses, Mulder, Therriault and Vezey were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Kelly. Representative Croft moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Heavenly Father, We thank You for this opportunity to carry on the inspiration of our founding fathers. We acknowledge it is an honor to be on this floor, and let us never bring it disgrace. Please let our words be tempered with courtesy and respect. Let our friendships span the chasms across divisive issues and let those friendships remain standing long after the issues have passed. Let us have courage in our deliberations, compassion in our actions, wisdom in our thoughts, and peace in our decisions. Amen." 1998-04-18 House Journal Page 3066 The Pledge of Allegiance was led by Representative Porter. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 96th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated April 16, 1998, was read stating that, in accordance with AS 39.05.080 and Article III, Section 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: The following was referred to the Labor & Commerce Committee: Board of Pharmacy Gerry Knasiak - Ketchikan Appointed: 04/16/98 Expires: 04/01/01 The following was referred to the State Affairs Committee: Alaska Public Offices Commission (APOC) Mark C. Rowland - Anchorage Appointed: 04/16/98 Expires: 02/01/03 Resumes for the appointments are on file in the Chief Clerk's office. **The presence of Representative Grussendorf was noted. MESSAGES FROM THE SENATE HB 362 A message dated April 17, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 362(STA) "An Act relating to the use of space for military lounges in state- owned or state-controlled airports." 1998-04-18 House Journal Page 3067 HB 362 CSHB 362(STA) was referred to the Chief Clerk for enrollment. HJR 51 A message dated April 17, 1998, was read stating the Senate has passed CSHJR 51(MLV) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 51(RES) Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam era veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. CSHJR 51(MLV) is under Unfinished Business. HJR 52 A message dated April 18, 1998, was read stating the Senate has passed HJR 52 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 52(RES) Relating to opposition to the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. HJR 52 is under Unfinished Business. HB 2 A message dated April 16, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 2(FIN) "An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for any of the following reasons: vocational, professional, or other specific education for which a comparable program is not 1998-04-18 House Journal Page 3068 HB 2 reasonably available in the state; secondary or postsecondary education; military service; medical treatment; service in the Congress or in the peace corps; to care for the individual's terminally ill parent, spouse, sibling, child, or stepchild; for up to 220 days to settle the estate of the individual's deceased parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside of the state for treatment at a medical specialty complex; or other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, a state resident to have the intent to remain indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S "An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent 1998-04-18 House Journal Page 3069 HB 2 with an individual's intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state 'resident' for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date." Title change to be authorized by SCR 23 am. CSHB 2(FIN) is under Unfinished Business. HB 462 A message dated April 18, 1998, was read stating the Senate has passed CSHB 462(STA) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 462(STA) "An Act relating to the contents of certain state documents." CSHB 462(STA) is under Unfinished Business. HB 467 A message dated April 18, 1998, was read stating the Senate has passed HB 467 with the following amendment: Page 1, following line 3: Insert a new bill section to read: "* Section 1. LEGISLATIVE INTENT. It is the intent of this Act to increase the flexibility available to the legislature so that legislative employment will be attractive to individuals who 1998-04-18 House Journal Page 3070 HB 467 do not desire coverage under a state retirement system as part of their compensation package. This Act is not intended to undermine the compensation levels available to most legislative employees, which, under AS 24.10.060(c), include membership in the public employees' retirement system." Page 1, line 4: Delete "Section 1." Insert "Sec. 2." Renumber the following bill sections accordingly. And so, the following is transmitted for consideration: HOUSE BILL NO. 467 am S "An Act relating to employees of the legislature who are employed under a personal services contract." HB 467 is under Unfinished Business. SB 76 A message dated April 17, 1998, was read stating the Senate has concurred in the House amendment to CSSB 76(RLS), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 76(FIN) am H "An Act relating to results-based government and the state budget; relating to state agency program and financial plans; relating to the withholding or reduction of appropriations to a state agency; and relating to state agency performance and other reports." SB 299 A message dated April 17, 1998, was read stating the Senate has concurred in the House amendment to SB 299, thus adopting: 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 1998-04-18 House Journal Page 3071 SB 299 nonroad engines under the state's air quality control program; defining 'stationary source' for purposes of the state's air quality program." FIRST READING AND REFERENCE OF SENATE RESOLUTIONS Messages dated April 17, 1998, were read stating the Senate has passed the following, and they are transmitted for consideration: SJR 35 CS FOR SENATE JOINT RESOLUTION NO. 35(FIN) by the Senate Finance Committee: Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion. was read the first time and referred to the Finance Committee. SJR 42 CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) by the Senate Finance Committee: Proposing an amendment to the Constitution of the State of Alaska relating to marriage. was read the first time and referred to the Judiciary and Finance Committees. FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 17, 1998, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 263 CS FOR SENATE BILL NO. 263(FIN) am by the Senate Finance Committee, entitled: 1998-04-18 House Journal Page 3072 SB 263 "An Act relating to secondary roads and to the statewide transportation improvement program; and providing for an effective date." was read the first time and referred to the Transportation Committee. COMMUNICATIONS The following reports were received: Dept. of Administration Office of the Commissioner Report on Monetary Terms of Health Insurance Negotiations with CEA April 16, 1998 (as required by AS 23.40.215) Report on Monetary Terms of Health Insurance Negotiations with ASEA April 16, 1998 (as required by AS 23.40.215) The Speaker referred the reports to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 484 The Labor & Commerce Committee has considered: HOUSE BILL NO. 484 "An Act exempting services of certain sports officials at amateur sporting events from coverage under the Alaska Employment Security Act; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Cowdery, Sanders, Hudson, Rokeberg 1998-04-18 House Journal Page 3073 HB 484 No recommendation (1): Ryan The following fiscal note applies: Zero fiscal note, Dept. of Labor, 4/18/98 HB 484 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Hoonah High School Braves, 1998 Boys 2-A State Basketball Runners-up By Representative Kookesh Honoring - Jeff King, 1998 Iditarod Champion By Representative James; Senator Miller Honoring - Klawock High School Chieftains, 1998 Girls 2-A State Basketball Runners-up By Representative Kookesh Honoring - Nancy Morris, BP Teacher of Excellence By Representative Dyson Honoring - Angela Whiting, BP Teacher of Excellence By Representative Dyson Honoring - Ty Jones, National Hockey League Prospect By Representative Dyson Honoring - Karen Jacobsen, BP Teacher of Excellence By Representative Dyson Honoring - Melanie Gerken, BP Teacher of the Year By Representative Dyson 1998-04-18 House Journal Page 3074 Honoring - Sylvia Armitstead, Bronze Ulu 3000-Meter Speed Skating Relay, Arctic Winter Games 1998 By Representative Dyson CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 252 The following was read the second time: HOUSE BILL NO. 252 "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure." with the: Journal Page JUD RPT CS(JUD) 3DP 3NR 2345 4 FNS (DPS, ADM, LAW, COR) 2345 FIN RPT CS(FIN) NT 7DP 2NR 2866 4 FISCAL NOTES (COURT, 2-DPS, COR) 2866 ZERO FISCAL NOTE (LAW) 2866 FISCAL NOTE (ADM) 2/18/98 2866 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. 252(FIN) "An Act relating to criminal records; relating to notice about and registration of sex offenders and child kidnappers; and amending Rules 11(c) and 32(c), Alaska Rules of Criminal Procedure; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representative Therriault was noted. 1998-04-18 House Journal Page 3075 HB 252 Representative Porter moved and asked unanimous consent that CSHB 252(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 252(FIN) would be in third reading on the April 20, 1998 calendar. HB 406 The following was read the second time: HOUSE BILL NO. 406 "An Act relating to subsistence uses of fish and game." with the: Journal Page RES RPT CS(RES)NT 3DP 1DNP 1NR 3AM 2538 2 ZERO FISCAL NOTES (F&G, LAW) 2539 JUD RPT CS(JUD) NT 1DP 1DNP 2NR 2AM 2901 INDETERMINATE FISCAL NOTE (H.JUD) 2902 FIN RPT CS(FIN) NT 1DP 5DNP 4NR 1AM 3037 8 FNS (COURT, LAW, 6-F&G) 3038 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. 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 1998-04-18 House Journal Page 3076 HB 406 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Therriault: Page 10, line 19: Delete "and (c)" Page 10, line 23: Delete ", and (c) of this section" Page 10, lines 24 - 27: Delete all material. Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected. **The presence of Representative Martin was noted. Representative Kubina placed a call of the House on the bill. **The presence of Representatives Hanley, Moses and Vezey was noted. The House stood at ease for a half hour. **The presence of Representative Mulder was noted. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1998-04-18 House Journal Page 3077 HB 406 CSHB 406(FIN) Second Reading Amendment No. 1 YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Davies, Foster, Grussendorf, Ivan, Joule, Kemplen, Kubina, Moses Davies changed from "Yea" to "Nay". Grussendorf changed from "Yea" to "Nay". Kemplen changed from "Yea" to "Nay". Brice changed from "Yea" to "Nay". Joule changed from "Yea" to "Nay". Berkowitz changed from "Yea" to "Nay". Moses changed from "Yea" to "Nay". And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Kubina, Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Moses and Nicholia: Page 1, line 1, through page 2, line 1 (title amendment): Delete all material and insert: ""An Act relating to the management and taking of fish and game for subsistence uses; establishing a priority for subsistence uses of fish and game that is based on place of residence; relating to certain definitions for the Fish and Game Code; delaying the repeal of the current law regarding subsistence use of fish and game; amending the effective date of secs. 3 and 5, ch. 1, SSSLA 1992; and providing for an effective date."" Page 2, line 3 through page 10, line 28: Delete all material and insert: 1998-04-18 House Journal Page 3078 HB 406 "* Section 1. AS 16.05.258(a) is amended to read: (a) In areas or communities classified as rural ¦EXCEPT IN NONSUBSISTENCE AREASá, the Board of Fisheries and the Board of Game shall identify the fish stocks and game populations, or portions of stocks or populations, that are customarily and traditionally taken or used for subsistence. The commissioner may ¦SHALLá provide recommendations to the boards concerning the stock and population identifications. ¦THE BOARDS SHALL MAKE IDENTIFICATIONS REQUIRED UNDER THIS SUBSECTION AFTER RECEIPT OF THE COMMISSIONERS RECOMMENDATIONS.á * Sec. 2. AS 16.05.258(b) is amended to read: (b) The appropriate board shall determine whether a portion of a fish stock or game population identified under (a) of this section can be harvested consistent with sustained yield. If a portion of a stock or population can be harvested consistent with sustained yield, the board shall determine the amount of the harvestable portion that is reasonably necessary for subsistence uses and (1) if the harvestable portion of the stock or population is sufficient to provide for all consumptive uses, the appropriate board (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations; (B) shall adopt regulations that provide for other uses of those stocks or populations, subject to preferences among beneficial uses; and (C) may adopt regulations to differentiate among uses; (2) if the harvestable portion of the stock or population is sufficient to provide for subsistence uses and some, but not all, other consumptive uses, the appropriate board (A) shall adopt regulations that provide a reasonable opportunity for subsistence uses of those stocks or populations; (B) may adopt regulations that provide for other consumptive uses of those stocks or populations; and (C) shall adopt regulations to differentiate among consumptive uses that provide for a priority ¦PREFERENCEá for ¦THEá subsistence uses ¦,á if regulations are adopted under 1998-04-18 House Journal Page 3079 HB 406 (B) of this paragraph; (3) if the harvestable portion of the stock or population is sufficient to provide for subsistence uses, but no other consumptive uses, the appropriate board shall (A) determine the portion of the stocks or populations that can be harvested consistent with sustained yield; and (B) adopt regulations that eliminate other consumptive uses in order to provide a reasonable opportunity for subsistence uses; and (4) if the harvestable portion of the stock or population is not sufficient to provide a reasonable opportunity for human consumptive subsistence uses, the appropriate board shall (A) adopt regulations eliminating consumptive uses [,á other than subsistence uses; (B) distinguish among subsistence users ¦,á through limitations based on (i) the customary and direct dependence on the fish stock or game population by the subsistence user for human consumption as a mainstay of livelihood; (ii) the proximity of the domicile of the subsistence user to the stock or population; and (iii) the ability of the subsistence user to obtain food if subsistence use is restricted or eliminated. * Sec. 3. AS 16.05.258(c) is repealed and reenacted to read: (c) The Board of Fisheries and the Board of Game, acting jointly, shall determine by regulation whether each community or area in the state should be classified as rural and whether each community or area that is currently classified as rural should no longer be classified as rural. * Sec. 4. AS 16.05.258(d) is amended to read: (d) The boards may permit subsistence hunting or fishing under the priority established in this section only in areas or communities classified as rural. Fish stocks and game populations, or portions of fish stocks and game populations not identified under (a) of this section may be taken only under nonsubsistence regulations. * Sec. 5. AS 16.05.258(f) is amended to read: (f) For purposes of this section, "reasonable opportunity" (1) means an opportunity, consistent with customary and traditional uses, ¦AS DETERMINED BY THE 1998-04-18 House Journal Page 3080 HB 406 APPROPRIATE BOARD, THAT ALLOWS A SUBSISTENCE USERá to participate in a subsistence hunt or fishery ¦THAT PROVIDES A NORMALLY DILIGENT PARTICIPANTá with a reasonable expectation of success; (2) does not mean a guarantee of taking of fish or game. * Sec. 6. AS 16.05.258 is amended by adding a new subsection to read: (g) This section does not require the Board of Fisheries to close nonretention fishing if the board has made a finding that the mortality caused by nonretention fishing does not jeopardize subsistence uses or the conservation of healthy stocks. * Sec. 7. AS 16.05.260 is repealed and reenacted to read: Sec. 16.05.260. Advisory committees. (a) The Board of Fisheries and the Board of Game may adopt regulations they consider advisable in accordance with AS 44.62 (Administrative Procedure Act) establishing, at places in the state designated by the individual boards, advisory committees composed of persons who collectively represent user groups in the area and who are well informed on the fish or game resources of the locality. The boards shall set the number and terms of the members of the advisory committees, shall delegate one member of each committee as chair, and shall give the chair authority to hold public hearings on fish or game matters. (b) Recommendations from the advisory committees on uses other than subsistence shall be forwarded to the appropriate board for its consideration. If the Board of Fisheries or the Board of Game chooses not to follow the recommendations of the local advisory committee, the appropriate board shall inform the appropriate advisory committee of this action and state the reasons for not following the recommendations. (c) An advisory committee shall send its recommendations on subsistence uses to the appropriate regional subsistence council. If the regional subsistence council does not adopt the recommendation of the advisory committee, the council shall (1) inform the advisory committee in writing the reasons for not adopting the recommendation; and (2) shall forward to the appropriate board the advisory committee recommendation with the council's reasons for not adopting the recommendations. 1998-04-18 House Journal Page 3081 HB 406 (d) The commissioner shall delegate authority to advisory committees for emergency closures during established seasons. The commissioner is empowered to set aside and make null and void only openings of seasons set by advisory committees under this section. The appropriate board shall adopt the necessary regulations governing these closures. * Sec. 8. AS 16.05 is amended by adding a new section to read: Sec. 16.05.262. Regional subsistence councils. (a) The Board of Fisheries and the Board of Game shall jointly adopt regulations necessary to implement this section, including regulations establishing at least six subsistence resource regions that, taken together, cover the entire state. The number and boundaries of the regions must be sufficient to ensure that regional differences in subsistence uses are adequately accommodated. (b) Each subsistence resource region must be represented by a regional subsistence council with members appointed by the governor. Each regional subsistence council must have 10 members, four of whom shall be selected from nominees who reside in that region of the state submitted by tribal councils in the region, and six of whom shall be selected from nominees submitted by local governments and local advisory committees. Three of these six must be subsistence users who reside in the region of the state and three must be sport or commercial users. Sport and commercial representatives may be residents of any subsistence resource region in the state. The regulations must provide for staggered terms of council members. The maximum term is three years, with no limit on the number of terms served. A quorum is a majority of the members of a council. (c) Regional subsistence councils shall strive for consensus, but recommendations must be decided by majority vote. (d) Each regional subsistence council has the authority to (1) elect officers and adopt rules of procedure to govern meetings; (2) hold public meetings on fish and game matters and solicit proposals from the public on subsistence uses; (3) review, evaluate, and make a recommendation, in consultation with the local fish and game advisory committees in its region and with the department, to a board on existing or proposed regulations, policy, or management plan, or any other matter directly relating to the subsistence use of fish and game in the region; 1998-04-18 House Journal Page 3082 HB 406 (4) comment on proposed regulations on hunting and sport, personal use, and commercial fishing; (5) make recommendations concerning permits provided in AS 16.05.330(e); (6) submit to the boards, the department, and the secretaries of the United States Department of the Interior and the United States Department of Agriculture, by November 15 of each year, an annual report, containing the following: (A) an identification of current and anticipated subsistence uses of fish and game populations in the region, and other fish and game uses that the council identifies; (B) an evaluation of current and anticipated subsistence needs for use of fish and game populations in the region, and of other fish and game needs that the council identifies; (C) suggest a strategy for the management of fish and game populations in the region to accommodate the identified fish and game uses and needs; and (D) recommendations concerning policies, standards, guidelines, and regulations to implement the suggested strategy; and (7) perform other duties specified by a board. (e) Each council shall provide a forum for and assist its region's local fish and game advisory committees in obtaining the opinions and proposals of persons interested in fish and game matters so as to achieve the greatest possible local participation in the decision-making process. (f) Regulatory proposals submitted to a board relating primarily to subsistence issues, initiated by the public or by a local fish and game advisory committee, must be reviewed by the appropriate regional subsistence council before the board takes action on the proposal. (g) Regional subsistence councils may meet to develop recommendations on interregional proposals and issues. (h) The appropriate board shall consider the reports and recommendations of the regional subsistence councils and shall give deference to the councils subsistence recommendations. If the council recommendation is unanimous, there is a presumption in favor of adoption by the board. However, the board may decide not to adopt any recommendation that it determines (1) violates the sustained yield principle; (2) is not supported by substantial 1998-04-18 House Journal Page 3083 HB 406 evidence; (3) is detrimental to subsistence uses; (4) involves an unresolved statewide or interregional subsistence management issue; or (5) is contrary to an overriding statewide fish or game management interest. If a recommendation is not adopted by the board, the board shall provide a written statement of the factual basis and reasons for its decision and shall remand the recommendation to the regional subsistence council for further consideration. (i) A regional subsistence council shall give deference to proposals from local governments, tribal councils, and local advisory committees that identify local subsistence needs and uses, methods, means, seasons, and other issues related to local subsistence management. (j) Regional subsistence councils may use a mediation process. (k) When implementing the provisions of this section, the boards, the regional subsistence councils, and the department shall seek data from, consult with, and make use of the special knowledge of subsistence users. If appropriate to implement the provisions of this section, the department may contract for services with subsistence users and local groups in order to use special knowledge of resources in the region. (l) The regional subsistence councils shall be adequately financed. * Sec. 9. AS 16.05.330(c) is amended to read: (c) The Board of Fisheries and the Board of Game may adopt regulations providing for the issuance and expiration of subsistence permits for areas, villages, communities, groups, or individuals as needed for authorizing, regulating, and monitoring the subsistence harvest of fish and game. To be eligible to take fish or game in a rural community or area using the subsistence priority in AS16.05.258, a person must be a resident domiciled in that community or area ¦THE BOARDS SHALL ADOPT THESE REGULATIONS WHEN THE SUBSISTENCE PREFERENCE REQUIRES A REDUCTION IN THE HARVEST OF A FISH STOCK OR GAME POPULATION BY NONSUBSISTENCE USERSá. * Sec. 10. AS 16.05.330 is amended by adding a new subsection to read: (e) The Board of Fisheries and the Board of Game shall adopt regulations allowing the commissioner to issue permits for the 1998-04-18 House Journal Page 3084 HB 406 taking of fish and game in order to teach and preserve historic or traditional uses and harvest practices. The permits issued under the regulations adopted under this subsection do not entitle successful applicants to the subsistence priority under AS16.05.258. * Sec. 11. AS 16.05.940(7) is amended to read: (7) "customary and traditional" means the noncommercial, long-term, and consistent taking of, use of, and reliance upon fish or game in a specific area and the ¦USEá patterns of taking or use of that fish or game that have been established over a reasonable period of time taking into consideration the availability of the fish or game; * Sec. 12. AS 16.05.940(8) is amended to read: (8) "customary trade" means the limited noncommercial exchange, for cash, of fish or game or their parts in minimal quantities ¦AMOUNTS OF CASHá, as restricted by the appropriate board ¦, OF FISH OR GAME RESOURCESá; the terms of this paragraph do not restrict money sales of furs and furbearers; * Sec. 13. AS 16.05.940(11) is amended to read: (11) "domicile" means the true and permanent home of a person from which the person has no present intention of moving and to which the person intends to return whenever the person is away; ¦DOMICILE MAY BE PROVED BY PRESENTING EVIDENCE ACCEPTABLE TO THE BOARDS OF FISHERIES AND GAME;á * Sec. 14. AS 16.05.940(27) is repealed and reenacted to read: (27) "rural community or area" is a community or area classified by the Board of Fisheries and the Board of Game to be substantially dependent on fish and game for nutritional and other subsistence uses; * Sec. 15. AS 16.05.940(30) is amended to read: (30) "subsistence fishing" means the taking of, fishing for, or possession of fish, shellfish, or other fisheries resources [BY A RESIDENT DOMICILED IN A RURAL AREA OF THE STATEá for subsistence uses with gill net, seine, fish wheel, long line, or other means defined by the Board of Fisheries; * Sec. 16. AS 16.05.940(31) is amended to read: (31) "subsistence hunting" means the taking of, hunting for, or possession of game ¦BY A RESIDENT DOMICILED IN 1998-04-18 House Journal Page 3085 HB 406 A RURAL AREA OF THE STATEá for subsistence uses by means defined by the Board of Game; * Sec. 17. AS 16.05.940(32) is amended to read: (32) "subsistence uses" means the noncommercial, customary and traditional uses of wild, renewable resources ¦BY A RESIDENT DOMICILED IN A RURAL AREA OF THE STATEá for direct personal or family consumption as food, shelter, fuel, clothing, tools, or transportation, for the making and selling of handicraft articles out of nonedible by-products of fish and game ¦WILDLIFEá resources taken for personal or family consumption, and for the customary trade, barter, or sharing for personal or family consumption; in this paragraph, "family" means persons related by blood, marriage, or adoption, and a person living in the household on a permanent basis; * Sec. 18. AS 38.05.945(d) is amended to read: (d) Notice at least 30 days before action under (a)(5) of this section shall be given to appropriate (1) regional subsistence ¦FISH AND GAMEá councils established under AS 16.05.262 ¦AS 16.05.260á; and (2) coastal resource service areas organized under AS46.40.110 - 46.40.210. * Sec. 19. Section 12, ch. 1, SSSLA 1992, as amended by sec. 3, ch. 68, SLA 1995, sec. 3, ch. 130, SLA 1996, and sec. 1, ch. 109, SLA 1997, is amended to read: Sec. 12. Sections 3 and 5 of this Act take effect October 1, 1999 ¦1998á. * Sec. 20. Sections 3 and 5, ch. 1, SSSLA 1992, are repealed. * Sec. 21. Section 12, ch. 1, SSSLA 1992, as amended by sec. 3, ch. 68, SLA 1995, sec. 3, ch. 130, SLA 1996, sec. 1, ch. 109, SLA 1997, and sec. 19 of this Act, is repealed. * Sec. 22. TRANSITION: AREAS AND COMMUNITIES CLASSIFIED AS RURAL. All communities and areas outside the nonsubsistence areas established by regulations adopted by the Board of Fisheries and the Board of Game and effective on May 15, 1993, are classified as rural for the purpose of this Act. The classifications made under this section are subject to the provisions of AS16.05.258(c) as amended by sec. 3 of this Act. * Sec. 23. TRANSITION: REGULATIONS. Notwithstanding sec. 25 of this Act, the Board of Fisheries, the Board of Game, and the Department of Fish and Game may immediately proceed to adopt regulations to implement this Act. The regulations take effect under 1998-04-18 House Journal Page 3086 HB 406 AS 44.62 (Administrative Procedure Act), but not before the effective date provided in sec. 25 of this Act. * Sec. 24. Sections 19 and 23 of this Act take effect immediately under AS 01.10.070(c). * Sec. 25. Except as provided in sec. 24 of this Act, this Act takes effect on the effective date of an amendment to the Constitution of the State of Alaska, approved by the voters in 1998, authorizing a priority for subsistence uses of renewable natural resources that is based on place of residence." Representative Kubina moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 406(FIN) am Second Reading Amendment No. 2 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Williams Nays: Barnes, Bunde, Cowdery, Dyson, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey And so, Amendment No. 2 was not adopted. Amendment No. 3 was not offered. Amendment No. 4 was offered by Representative Croft: Page 1, lines 10 - 11 (title amendment): Delete "repealing the definition of 'rural area'; repealing" Insert "relating to the repeal of" 1998-04-18 House Journal Page 3087 HB 406 Page 7, lines 25 - 28: Delete all material and insert: "(2) "reasonable opportunity" (A) means an opportunity, consistent with customary and traditional uses, to participate in a subsistence hunt or fishery with a reasonable expectation of success; and (B) does not mean a guarantee that fish or game will be taken;" Page 9, lines 11 - 15: Delete all material and insert: "(7) "customary and traditional" means the noncommercial, long-term, and consistent taking of, use of, and reliance upon fish or game in a specific area and the ¦USEá patterns and practices of taking or use of that fish or game that have been established over a reasonable period of time taking into consideration the availability of the fish or game; * Sec. 5. AS 16.05.940(8) is repealed and reenacted to read: (8) "customary trade" means, except for money sales of furs and furbearers, the limited noncommercial exchange for money of fish and game or their parts in minimal quantities; * Sec. 6. AS 16.05.940(27) is amended to read: (27) "rural community or area" means a community or area of the state substantially dependent on fish and game for nutritional and other subsistence uses ¦IN WHICH THE NONCOMMERCIAL, CUSTOMARY, AND TRADITIONAL USE OF FISH OR GAME FOR PERSONAL OR FAMILY CONSUMPTION IS A PRINCIPAL CHARACTERISTIC OF THE ECONOMY OF THE COMMUNITY OR AREAá;" Renumber the following bill sections accordingly. Page 10, following line 2: Insert a new bill section to read: "* Sec. 10. AS16.05.940 is amended by adding a new paragraph to read: (37) "resident domiciled in a rural area of the state" means a resident of a rural community or area." Renumber the following bill sections accordingly. 1998-04-18 House Journal Page 3088 HB 406 Page 10, line 10: Delete all material. Renumber the following bill sections accordingly. Page 10, line 28: Delete all material and insert: "* Sec. 14. (a) Before October 1, 1998, the lieutenant governor shall determine if the Alaska National Interest Lands Conservation Act (P.L. 96 - 487, as amended) has been amended so as to eliminate any material inconsistency between state law governing subsistence uses of fish and game as contained in this Act and applicable provisions of Title VIII of the Alaska National Interest Lands Conservation Act. (b) If the lieutenant governor certifies under (a) of this section that all material inconsistencies between the state law governing subsistence uses of fish and game as contained in this Act and applicable provisions of Title VIII of the Alaska National Interest Lands Conservation Act have been eliminated, the lieutenant governor shall remove from the general election ballot all proposed amendments to the Constitution of the State of Alaska regarding subsistence uses of fish and game. * Sec. 15. Except for sec.14 of this Act, this Act takes effect on October 1, 1998, if the lieutenant governor makes the certification described in sec.14(b) of this Act." Representative Croft moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 406(FIN) am Second Reading Amendment No. 4 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Williams 1998-04-18 House Journal Page 3089 HB 406 Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey And so, Amendment No. 4 was not adopted. Representative Porter moved and asked unanimous consent that CSHB 406(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 406(FIN) am would be in third reading on the April 20, 1998 calendar. HB 451 The following was read the second time: HOUSE BILL NO. 451 "An Act relating to assistive technology devices and mobility aids for physically disabled persons." with the: Journal Page L&C RPT CS(L&C) 5DP 2884 ZERO FISCAL NOTE (LAW) 2884 JUD RPT CS(JUD) 6DP 2902 ZERO FISCAL NOTE (LAW) 4/6/98 2902 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. 451(JUD) (same title) There being no objection, it was so ordered. 1998-04-18 House Journal Page 3090 HB 451 Representative Porter moved and asked unanimous consent that CSHB 451(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 451(JUD) was read the third time. The question being: "Shall CSHB 451(JUD) pass the House?" The roll was taken with the following result: CSHB 451(JUD) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Kohring, Vezey Absent: Hanley And so, CSHB 451(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 471 The following was read the second time: HOUSE BILL NO. 471 "An Act relating to the boards of commissioners of regional Native housing authorities." with the: Journal Page CRA RPT CS(CRA) NT 5DP 2NR 2920 ZERO FISCAL NOTE (REV) 2921 The following fiscal note was submitted by the Rules Committee: 1998-04-18 House Journal Page 3091 HB 471 Zero fiscal note, Dept. of Commerce & Economic Development, 4/18/98 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. 471(CRA) "An Act relating to the boards of commissioners of regional Native housing authorities; relating to the reinstatement of Native corporations; and providing for an effective date." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 471(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 471(CRA) was read the third time. The question being: "Shall CSHB 471(CRA) pass the House?" The roll was taken with the following result: CSHB 471(CRA) 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, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Kookesh And so, CSHB 471(CRA) 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. 1998-04-18 House Journal Page 3092 HB 471 CSHB 471(CRA) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 180 The following was read the second time: CS FOR SENATE BILL NO. 180(FIN) "An Act relating to state rights-of-way." with the: Journal Page STA RPT 3DP 1DNP 1NR 2811 SENATE FISCAL NOTE (DNR) 3/18/98 2811 SENATE ZERO FISCAL NOTE (DOT) 2/24/98 2811 RES RPT 3DP 2NR 1AM 2963 SENATE FISCAL NOTE (DNR) 3/18/98 2964 SENATE ZERO FISCAL NOTE (DOT) 2/24/98 2964 FIN RPT 7DP 3012 SENATE FISCAL NOTE (DNR) 3/18/98 3012 SENATE ZERO FISCAL NOTE (DOT) 2/24/98 3012 Amendment No. 1 was offered by Representative Brice: Page 23, line 1, following "Act": Insert "after completing a survey of the right-of-way" Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. Representative Brice moved and asked unanimous consent to withdraw Amendment No. 1. Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered and Amendment No. 1 was withdrawn. 1998-04-18 House Journal Page 3093 SB 180 Representative Porter moved and asked unanimous consent that CSSB 180(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSB 180(FIN) would be in third reading on the April 20, 1998 calendar. Representative Vezey called for the question. The question being: "Shall CSSB 180(FIN) be advanced to third reading on the same day?" The roll was taken with the following result: CSSB 180(FIN) Second Reading Advance to Third Reading 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 And so, the motion failed and CSSB 180(FIN) will be in third reading on the April 20, 1998 calendar. THIRD READING OF HOUSE BILLS HB 144 The following, which was advanced to third reading from the April 17, 1998 calendar (page 3043), was read the third time. 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." 1998-04-18 House Journal Page 3094 HB 144 The question being: "Shall CSHB 144(FIN) pass the House?" The roll was taken with the following result: CSHB 144(FIN) Third Reading Final Passage YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Croft, Davies, Elton, Grussendorf, Kemplen, Kohring, Kookesh, Moses, Vezey And so, CSHB 144(FIN) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 144(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 67 The following was read the second time: HOUSE JOINT RESOLUTION NO. 67 Relating to renewal of the bilateral aviation agreement concerning the mandatory Anchorage stopover for Russian carriers on transpacific routes between the Russian Far East and the United States. with the: Journal Page TRA RPT 6DP 1NR 3011 ZERO FISCAL NOTE (H.TRA) 3011 1998-04-18 House Journal Page 3095 HJR 67 Representative Porter moved and asked unanimous consent that HJR67 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 67 was read the third time. The question being: "Shall HJR 67 pass the House?" The roll was taken with the following result: HJR 67 Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Martin, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Dyson, Kohring Absent: Kookesh, Kubina, Masek, Moses, Ogan And so, HJR 67 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE RESOLUTIONS HJR 2 The following, which was advanced to third reading from the April 17, 1998 calendar (page 3054), was read the third 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. The question being: "Shall HJR 2 pass the House?" The roll was taken with the following result: 1998-04-18 House Journal Page 3096 HJR 2 HJR 2 Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 0 ABSENT: 3 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, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Absent: Croft, Kookesh, Moses And so, HJR 2 passed the House. Representative Berkowitz gave notice of reconsideration of his vote on HJR 2. 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 - Karen Cowart By Representatives Kott, Kubina, Barnes, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Keith Cordell By Representatives Ryan, Berkowitz, Brice, Croft, Dyson, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Vezey, Williams 1998-04-18 House Journal Page 3097 Honoring - Hospice of Anchorage By Representatives Ryan, Phillips, Berkowitz, Brice, Bunde, Croft, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams In Memoriam - Rose Navarre By Representatives Davis, Phillips, Hodgins, Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Dyson, Elton, Foster, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams CONCUR IN SENATE AMENDMENTS HB 2 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3067) on the following at this time: CS FOR HOUSE BILL NO. 2(FIN) "An Act allowing, for the purposes of permanent fund dividend eligibility, an individual to accompany, as the spouse or minor or disabled dependent, another eligible resident who is absent for any of the following reasons: vocational, professional, or other specific education for which a comparable program is not reasonably available in the state; secondary or postsecondary education; military service; medical treatment; service in the Congress or in the peace corps; to care for the individual's terminally ill parent, spouse, sibling, child, or stepchild; for up to 220 days to settle the estate of the individual's deceased parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside of the state for treatment at a medical specialty complex; or other reasons that the commissioner of revenue may establish by regulation; requiring, for the purposes of permanent fund dividend eligibility, a state resident to have the intent to remain indefinitely; relating to the eligibility for 1992, 1993, 1994, 1995, 1996, and 1997 permanent fund dividends of certain spouses and dependents of eligible applicants; and providing for an effective date." 1998-04-18 House Journal Page 3098 HB 2 and SENATE CS FOR CS FOR HOUSE BILL NO. 2(FIN) am S "An Act requiring, for purposes of permanent fund dividend eligibility, an individual to have been physically present in the state for at least 72 consecutive hours during the prior two years before the current dividend year; relating, for purposes of permanent fund dividend eligibility, to allowable absences for secondary and postsecondary education on a full-time basis, vocational, professional, or other education on a full-time basis when a comparable program is not reasonably available in the state, serving on active duty as a member of the armed forces of the United States, receiving continuous medical treatment or convalescing if the treatment or convalescence is not based on a need for climatic change, providing care for certain relatives with critical life-threatening illnesses, providing care for certain terminally ill relatives, settling the estates of certain relatives, serving as a member of the United States Congress, serving on the staff of a member from this state of the United States Congress, serving as an employee of the state, accompanying certain ill minors, accompanying another eligible resident who is absent for an allowable reason as the spouse, minor dependent, or disabled dependent of the eligible resident, or for any reason consistent with an individual's intent to remain a state resident; prohibiting, for purposes of permanent fund dividend eligibility, an individual from claiming an allowable absence unless the individual was a resident for at least six consecutive months immediately before leaving the state; making ineligible, for purposes of permanent fund dividend eligibility, certain individuals who are absent for more than 180 days during each of 10 qualifying years; relating to the definition of state 'resident' for purposes of permanent fund dividend eligibility and requiring a state resident to have the intent to remain indefinitely; relating to the qualifying year and defining that term for purposes of the permanent fund dividend program; relating to the eligibility for 1998 permanent fund dividends of certain spouses and dependents of eligible individuals; and providing for an effective date." Title change to be authorized by SCR 23 am. 1998-04-18 House Journal Page 3099 HB 2 Representative Porter moved that the House concur in the Senate amendment to CSHB 2(FIN), thus adopting SCS CSHB 2(FIN) am S, and recommended that the members vote no. The question being: Shall the House concur in the Senate amendment to CSHB 2(FIN)? The roll was taken with the following result: SCS CSHB 2(FIN) am S Concur YEAS: 2 NAYS: 33 EXCUSED: 0 ABSENT: 5 Yeas: Ogan, Vezey Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Absent: Croft, Hanley, Kookesh, Moses, Sanders And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 2(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. UNFINISHED BUSINESS HJR 2 Representative Barnes added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 2 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. HB 203 Representative Porter added his name as cosponsor to: HOUSE BILL NO. 203 "An Act relating to actions for unlawful trade practices." 1998-04-18 House Journal Page 3100 HB 451 Representative Porter added his name as cosponsor to: CS FOR HOUSE BILL NO. 451(JUD) "An Act relating to assistive technology devices and mobility aids for physically disabled persons." SB 11 Representative Kemplen added his name as cross sponsor to: CS FOR SENATE BILL NO. 11(FIN)(title am) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." ENGROSSMENT HJR 67 HJR 67 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 144 CSHB 144(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 451 CSHB 451(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 471 CSHB 471(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SJR 3 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate, with a letter of intent, for consideration: 1998-04-18 House Journal Page 3101 SJR 3 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. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 20, 1998. There being no objection, the House adjourned at 5:56 p.m. Suzi Lowell Chief Clerk