Legislature(1997 - 1998)
1998-04-21 House Journal
Full Journal pdf1998-04-21 House Journal Page 3131 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 21, 1998 One-hundredth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:17 a.m. Roll call showed 23 members present. Representatives Barnes, Davies, Davis, Foster, Hanley, Hodgins, Kelly, Kohring, Kookesh, Kott, Martin, Mulder, Rokeberg, Therriault, Vezey and Williams were absent and their presence was noted later. Representative Porter moved and asked unanimous consent that Representative Moses be excused from a call of the House to 11:00 a.m. today. There being no objection, it was so ordered. Representative Moses' presence was noted later. The invocation was offered by the Chaplain Designee, Representative Croft. Representative Ryan moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "As children, we learn how frightening it is to be lost, and how wonderful it is to be found. We learn how bad it feels to be sick, and how nice it feels to be brought back to health. We learn how lonely life can be, and how important it is to have a friend that is always there. As we begin our business today, we ask the help of the One Who always stands beside us, the One Who comforts us when we are ill, and most importantly, the One Who finds us when we are lost and brings us home." 1998-04-21 House Journal Page 3132 The Pledge of Allegiance was led by Representative Grussendorf. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 99th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HCR 25 A message dated April 20, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR SS FOR HOUSE CONCURRENT RESOLUTION NO. 25(HES) am S Relating to Step Family Day. Legislative Resolve No. 58 SB 275 A message dated April 20, 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: CS FOR SENATE BILL NO. 275(STA) am H "An Act relating to time periods for making, soliciting, or accepting campaign contributions; and providing for an effective date." Chapter No. 14, SLA 1998 Effective Date: April 21, 1998 **The presence of Representative Barnes was noted. 1998-04-21 House Journal Page 3133 MESSAGES FROM THE SENATE SJR 3 A message dated April 20, 1998, was read stating the Senate has concurred in the House amendment to CSSJR 3(JUD), thus adopting: 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 Senate adopted the House Finance Committee Letter of Intent (page 2473). **The presence of Representatives Hanley, Kookesh, Rokeberg and Williams was noted. REPORTS OF STANDING COMMITTEES SB 244 The State Affairs Committee has considered: SENATE BILL NO. 244 "An Act relating to polygraph or other lie-detecting testing for certain correctional officers." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): James No recommendation (3): Ivan, Ryan, Hodgins The following fiscal note applies: Senate zero fiscal note, Dept. of Corrections, 2/18/98 SB 244 was referred to the Judiciary Committee. 1998-04-21 House Journal Page 3134 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Era Aviation, 50th Anniversary By Representative Phillips Honoring - Associated General Contractors of Alaska, 50th Anniversary By Representative Phillips Honoring - Nathan P. Jackson, Tlingit Master Carver By Representative Williams Honoring - Algie and Bernice Frisby By Representative Kookesh Honoring - Kettleson Memorial Library By Representative Grussendorf In Memoriam - Wallace Coleman By Representative Masek RECONSIDERATION HB 406 Representative Kubina brought up reconsideration of the vote on CSHB 406(FIN) am(efd fld) (page 3119). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 406(FIN) am "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 1998-04-21 House Journal Page 3135 HB 406 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." Representative Kubina placed a call of the House on the bill. **The presence of Representatives Davies, Davis, Foster, Hodgins, Kelly, Kohring, Kott, Martin, Mulder, Therriault and Vezey was noted. The Speaker stated the call was satisfied. A title amendment was offered by Representative Porter: Page 1, line 1, through page 2, line 1: Delete all material and insert: ""An Act authorizing the Board of Fisheries and the Board of Game to identify fish and game that are taken for subsistence and to identify subsistence and nonsubsistence areas; relating to the establishment of preferences for and to regulation of subsistence fishing and hunting; relating to advisory committees; and providing for an effective date."" Representative Porter moved and asked unanimous consent that the title amendment be adopted. Objection was heard. The question being: "Shall the title amendment be adopted?" The roll was taken with the following result: CSHB 406(FIN) am--RECONSIDERATION Third Reading Title Amendment YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 1998-04-21 House Journal Page 3136 HB 406 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Elton, Foster, Ivan, Kookesh Excused: Moses And so, the title amendment was adopted and the new title appears below: CS FOR HOUSE BILL NO. 406(FIN) am "An Act authorizing the Board of Fisheries and the Board of Game to identify fish and game that are taken for subsistence and to identify subsistence and nonsubsistence areas; relating to the establishment of preferences for and to regulation of subsistence fishing and hunting; relating to advisory committees; and providing for an effective date." The question to be reconsidered: "Shall CSHB 406(FIN) am pass the House?" The roll was taken with the following result: CSHB 406(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Hudson, Ivan, Joule, Kemplen, Kookesh, Kubina, Nicholia, Phillips, Williams Excused: Moses Kott changed from "Nay" to "Yea". 1998-04-21 House Journal Page 3137 HB 406 And so, CSHB 406 (FIN) am passed the House on reconsideration. Representative Porter moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 406(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Ivan, Joule, Kemplen, Kookesh, Kubina, Nicholia, Phillips, Williams Excused: Moses And so, lacking the necessary 27 votes, the effective date clause was not adopted. CSHB 406(FIN) am(efd fld) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 325 The following was read the second time: HOUSE BILL NO. 325 "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." 1998-04-21 House Journal Page 3138 HB 325 with the: Journal Page FIN RPT CS(FIN) 7DP 1NR 3AM 3107 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. 325(FIN) (same title) There being no objection, it was so ordered. Representative Porter placed a call of the House on the bill. Representative Porter moved and asked unanimous consent that Representative Moses' previous excuse (page 3131) be extended. There being no objection, it was so ordered. The call was satisfied. Amendment No. 1 (technical amendment) was offered by Representative Hanley: Page 37, line 15: Under General Funds: Delete "1,141,800" Insert "975,400" Under Other Funds: Delete "41,948,300" Insert "42,114,700" Page 45, following line 9: Insert "Mission: To provide first response and basic public safety in rural communities." Page 45, line 18: Delete all material. 1998-04-21 House Journal Page 3139 HB 325 Representative Hanley moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Davies: Page 51, line 16: Under Appropriation Items: Delete "441,838,800" Insert "447,201,800" Under General Funds: Delete "165,731,100" Insert "171,094,100" Page 51, line 23: Under Allocations: Delete "2,889,500" Insert "8,252,500" Page 60, line 12: Delete "162,953,800" Insert "168,316,800" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. **The presence of Representative Moses, who had been previously excused, was noted. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Joule Representative Croft Representative Ryan Representative Kemplen 1998-04-21 House Journal Page 3140 HB 325 Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Ryan, 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, Sanders, Therriault, Williams And so, Amendment No. 2 was not adopted. Representative Porter lifted the call. The Speaker stated that, without objection, the House would recess until 1:00 p.m.; and so, the House recessed at 11:55 a.m. AFTER RECESS The Speaker called the House back to order at 1:20 p.m. Representative Porter moved and asked unanimous consent that Representative Croft be excused from a call of the House from 9:30 a.m., today to 9:30 a.m., plane time, April 27, 1998. There being no objection, it was so ordered. SECOND READING OF HOUSE BILLS (Continued) HB 325 Amendment No. 3 was offered by Representative Joule: 1998-04-21 House Journal Page 3141 HB 325 Page 20, line 6: Under Appropriation Items: Delete "31,047,800" Insert "31,284,050" Under Other Funds: Delete "30,188,900" Insert "30,425,150" Page 20, line 11: Under Allocations: Delete "2,752,100" Insert "2,988,350" Representative Joule moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kohring objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 3 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 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, Therriault, Vezey, Williams Excused: Croft Absent: Sanders And so, Amendment No. 3 was not adopted. 1998-04-21 House Journal Page 3142 HB 325 Amendment No. 4 was offered by Representative Kemplen: Page 32, line 12: Under General Funds: Insert "General Relief Medical 2,818,700" Representative Kemplen moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. Representative Martin placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 4 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Porter, Williams Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Rokeberg, Ryan, Sanders, Therriault, Vezey Excused: Croft And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Nicholia: 1998-04-21 House Journal Page 3143 HB 325 Page 29, line 21: Under Appropriation Items: Delete "1,326,300" Insert "1,476,300" Under General Funds: Delete "839,200" Insert "989,200" Representative Nicholia moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 5 YEAS: 9 NAYS: 21 EXCUSED: 1 ABSENT: 9 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Masek, Ogan, Phillips, Porter, Ryan, Sanders, Therriault, Vezey Excused: Croft Absent: Barnes, Dyson, Kookesh, Kott, Martin, Moses, Mulder, Rokeberg, Williams And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Kubina: 1998-04-21 House Journal Page 3144 HB 325 Page 22, line 32: Under Appropriation Items: Delete "736,673,500" Insert "776,173,500" Under General Funds: Delete "680,155,400" Insert "719,655,400" Page 22, line 33: Under Allocations: Delete "660,931,300" Insert "700,431,300" Representative Kubina moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 6 YEAS: 8 NAYS: 22 EXCUSED: 1 ABSENT: 9 Yeas: Berkowitz, Brice, Davies, Elton, Joule, Kemplen, Kubina, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Martin, Masek, Ogan, Phillips, Porter, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Dyson, Grussendorf, Kohring, Kookesh, Kott, Moses, Mulder, Rokeberg, Sanders And so, Amendment No. 6 was not adopted. 1998-04-21 House Journal Page 3145 HB 325 Amendment No. 7 was offered by Representative Davies: Page 51, line 16: Under Appropriation Items: Delete "441,838,800" Insert "443,284,800" Under General Funds: Delete "165,731,100" Insert "167,177,100" Page 51, line 23: Under Allocations: Delete "2,889,500" Insert "4,335,500" Page 60, line 12: Delete "162,953,800" Insert "164,399,800" Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 7 YEAS: 10 NAYS: 22 EXCUSED: 1 ABSENT: 7 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Martin, Masek, Ogan, Phillips, Porter, Ryan, Therriault, Williams 1998-04-21 House Journal Page 3146 HB 325 Excused: Croft Absent: Dyson, Kookesh, Kott, Moses, Mulder, Rokeberg, Sanders And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Nicholia: Page 19, line 33: Under Appropriation Items: Delete "28,396,800" Insert "29,396,800" Under General Funds: Delete "15,066,500" Insert "16,066,500" Page 20, line 5: Under Allocations: Delete "5,878,400" Insert "6,878,400" Representative Nicholia moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Kohring objected. Representative Kubina placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 8 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 1998-04-21 House Journal Page 3147 HB 325 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 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, Vezey, Williams Excused: Croft And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Berkowitz: Page 23, line 12: Under Appropriation Items: Delete "80,352,200" Insert "80,602,200" Under General Funds: Delete "4,478,000" Insert "4,728,000" Page 23, line 15: Under Allocations: Delete "27,845,200" Insert "28,095,200" Representative Berkowitz moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 9 YEAS: 10 NAYS: 28 EXCUSED: 1 ABSENT: 1 1998-04-21 House Journal Page 3148 HB 325 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses 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, Vezey, Williams Excused: Croft Absent: Nicholia And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Brice: Page 19, line 21: Under Appropriation Items: Delete "47,840,100" Insert "50,358,000" Under General Funds: Delete "47,840,100" Insert "50,358,000" Page 19, line 22: Under Allocations: Delete "21,583,800" Insert "22,719,800" Page 19, line 23: Under Allocations: Delete "26,256,300" Insert "27,638,200" Representative Brice moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. 1998-04-21 House Journal Page 3149 HB 325 The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 10 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 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, Vezey, Williams Excused: Croft And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Kookesh: Page 19, line 14: Under Appropriation Items: Delete "6,024,400" Insert "6,111,500" Under General Funds: Delete "2,032,000" Insert "2,119,100" Page 19, line 15: Under Allocations: Delete "529,400" Insert "616,500" Representative Kookesh moved and asked unanimous consent that Amendment No. 11 be adopted. 1998-04-21 House Journal Page 3150 HB 325 Representative Kohring objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 11 YEAS: 11 NAYS: 24 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Bunde, Davis, Dyson, Foster, Green, Hanley, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Barnes, Cowdery, Hodgins, Sanders And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Kookesh: Page 19, line 24: Under Appropriation Items: Delete "9,911,400" Insert "9,961,400" Under General Funds: Delete "2,636,800" Insert "2,686,800" Page 19, line 25: Under Allocations: Delete "2,716,100" Insert "2,766,100" 1998-04-21 House Journal Page 3151 HB 325 Representative Kookesh moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Kohring objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 12 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Martin, Sanders And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Croft: Page 51, line 16: Under Appropriation Items: Delete "441,838,800" Insert "443,838,800" Under General Funds: Delete "165,731,100" Insert "167,731,100" 1998-04-21 House Journal Page 3152 HB 325 Page 52, line 4: Under Allocations: Delete "125,618,300" Insert "127,618,300" Page 60, line 12: Delete "162,953,800" Insert "164,953,800" Representative Berkowitz moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 13 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 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, Therriault, Vezey, Williams Excused: Croft Absent: Sanders And so, Amendment No. 13 was not adopted. 1998-04-21 House Journal Page 3153 HB 325 Amendment No. 14 was offered by Representative Grussendorf: Page 18, line 26: Under Appropriation Items: Delete "4,389,600" Insert "4,639,600" Under General Funds: Delete "3,255,800" Insert "3,505,800" Page 18, line 27: Under Allocations: Delete "2,127,800" Insert "2,377,800" Representative Grussendorf moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Kohring objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 14 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Dyson, Sanders 1998-04-21 House Journal Page 3154 HB 325 And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Brice: Page 31, line 26 through page 32, line 11: Delete all material. Representative Brice moved and asked unanimous consent that Amendment No. 15 be adopted. Objection was heard. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 15 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Davis, Sanders And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Berkowitz: Page 46, line 28: Under Appropriation Items: Delete "39,307,000" Insert "43,801,000" 1998-04-21 House Journal Page 3155 HB 325 Under General Funds: Delete "39,307,000" Insert "43,801,000" Representative Berkowitz moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Martin objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 16 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Moses, Nicholia, Vezey Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Kubina, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Excused: Croft Absent: Davis, Kookesh, Sanders And so, Amendment No. 16 was not adopted. Amendment No. 17 was offered by Representative Elton: Page 26, line 15: Under Appropriation Items: Delete "12,387,700" Insert "12,573,400" Under General Funds: Delete "7,102,900" Insert "7,277,600" 1998-04-21 House Journal Page 3156 HB 325 Page 26, line 18: Under Allocations: Delete "2,773,200" Insert "2,958,900" Page 56, line 3: Delete "2,582,300" Insert "2,768,000" Representative Elton moved and asked unanimous consent that Amendment No. 17 be adopted. Objection was heard. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 17 YEAS: 10 NAYS: 27 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft Absent: Kelly, Kookesh And so, Amendment No. 17 was not adopted. Amendment No. 18 was offered by Representative Davies: 1998-04-21 House Journal Page 3157 HB 325 Page 16, line 15: Under Appropriation Items: Delete "14,905,800" Insert "14,929,900" Under General Funds: Delete "7,148,900" Insert "7,173,000" Page 16, line 24: Under Allocations: Delete "271,800" Insert "295,900" Representative Davies moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Davis objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 18 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft Absent: Kelly And so, Amendment No. 18 was not adopted. 1998-04-21 House Journal Page 3158 HB 325 Amendment No. 19 was offered by Representative Kemplen: Page 12, line 22: Insert a new bill section to read: "Sec 30. (a) The sum of $27,700,000 in general funds is appropriated to the Department of Education to improve student performance as follows. (1) Foundation Formula 24,100,000 (2) Quality Schools 3,600,000" Renumber the following bill section accordingly. Representative Kemplen moved and asked unanimous consent that Amendment No. 19 be adopted. Objection was heard. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 19 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, 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 Excused: Croft Absent: Bunde And so, Amendment No. 19 was not adopted. 1998-04-21 House Journal Page 3159 HB 325 Amendment No. 20 was offered by Representative Kubina: Page 22, line 32: Under Appropriation Items: Delete "736,673,500" Insert "776,173,500" Under General Funds: Delete "680,155,400" Insert "719,655,400" Page 23, following line 11, insert: "Allocations Distribution based on ADM 39,500,000" Representative Kubina moved and asked unanimous consent that Amendment No. 20 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 20 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 20 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft Absent: Dyson And so, Amendment No. 20 was not adopted. 1998-04-21 House Journal Page 3160 HB 325 Amendment No. 21 was offered by Representative Elton: Page 46, line 20: Under Appropriation Items: Delete "633,400" Insert "709,400" Under General Funds: Delete "633,400" Insert "709,400" Representative Elton moved and asked unanimous consent that Amendment No. 21 be adopted. Representative Martin objected. The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 21 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Croft Absent: James, Kott, Vezey And so, Amendment No. 21 was not adopted. Amendment No. 22 was offered by Representative Joule: 1998-04-21 House Journal Page 3161 HB 325 Page 23, line 12: Under Appropriation Items: Delete "80,352,200" Insert "80,422,200" Under General Funds: Delete "4,478,000" Insert "4,548,000" Page 24, line 8: Under Allocations: Delete "819,400" Insert "889,400" Representative Joule moved and asked unanimous consent that Amendment No. 22 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 22 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 22 YEAS: 10 NAYS: 24 EXCUSED: 1 ABSENT: 5 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Nicholia Nays: Austerman, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, Kelly, Kohring, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft Absent: Barnes, James, Kott, Moses, Ogan And so, Amendment No. 22 was not adopted. 1998-04-21 House Journal Page 3162 HB 325 Amendment No. 23 was not offered. Amendment No. 24 was offered by Representative Berkowitz: Page 38, line 15: Under Appropriation Items: Delete "13,981,100" Insert "14,031,100" Under Other Funds: Delete "1,558,500" Insert "1,608,500" Page 38, line 24: Under Allocations: Delete "2,488,900" Insert "2,538,900" Representative Berkowitz moved and asked unanimous consent that Amendment No. 24 be adopted. Representative Martin objected. The question being: "Shall Amendment No. 24 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 24 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft 1998-04-21 House Journal Page 3163 HB 325 Absent: Kelly, Kohring And so, Amendment No. 24 was not adopted. Amendment No. 25 was offered by Representative Grussendorf: Page 25, line 18: Under Appropriation Items: Delete "8,998,700" Insert "9,162,200" Under General Funds: Delete "1,448,000" Insert "1,611,500" Page 26, line 8: Under Allocations: Delete "80,000" Insert "243,500" Representative Grussendorf moved and asked unanimous consent that Amendment No. 25 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 25 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 25 YEAS: 11 NAYS: 24 EXCUSED: 1 ABSENT: 4 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams 1998-04-21 House Journal Page 3164 HB 325 Excused: Croft Absent: Davis, Green, Kohring, Vezey And so, Amendment No. 25 was not adopted. The Speaker stated that, without objection, the House would recess until 7:00 p.m.; and so, the House recessed at 5:03 p.m. AFTER RECESS The Speaker called the House back to order at 7:17 p.m. A second quorum call showed 24 members present. SECOND READING OF HOUSE BILLS (Continued) HB 325 Amendment No. 26 was offered by Representative Elton: Page 23, line 12: Under Appropriation Items: Delete "80,352,200" Insert "80,652,200" Under General Funds: Delete "4,478,000" Insert "4,778,000" Page 23, line 15: Under Allocations: Delete "27,845,200" Insert "28,145,200" Representative Elton moved and asked unanimous consent that Amendment No. 26 be adopted. Objection was heard. 1998-04-21 House Journal Page 3165 HB 325 The question being: "Shall Amendment No. 26 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 26 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Ogan, Sanders And so, Amendment No. 26 was not adopted. Amendment No. 27 was offered by Representative Kubina: Page 22, line 32: Under Appropriation Items: Delete "736,673,500" Insert "737,673,500" Under General Funds: Delete "680,155,400" Insert "681,155,400" Page 23, following line 11, insert: "Allocations Computers for School District Students 1,000,000" Representative Kubina moved and asked unanimous consent that Amendment No. 27 be adopted. 1998-04-21 House Journal Page 3166 HB 325 Objection was heard. The question being: "Shall Amendment No. 27 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 27 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Ogan, Sanders And so, Amendment No. 27 was not adopted. Amendment No. 28 was offered by Representative Kemplen: Page 23, line 12: Under Appropriation Items: Delete "80,352,200" Insert "80,437,200" Under General Funds: Delete "4,478,000" Insert "4,563,000" Page 23, line 15: Under Allocations: Delete "27,845,200" Insert "28,930,200" 1998-04-21 House Journal Page 3167 HB 325 Representative Kemplen moved and asked unanimous consent that Amendment No. 28 be adopted. Objection was heard. The question being: "Shall Amendment No. 28 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 28 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Excused: Croft Absent: Ogan, Sanders And so, Amendment No. 28 was not adopted. Amendment No. 29 was not offered. Amendment No. 30 was offered by Representative Brice: Page 32, line 11, following "program": Insert "unless it was a case of rape, incest, sexual abuse or threatens the health of the woman" Representative Brice moved and asked unanimous consent that Amendment No. 30 be adopted. 1998-04-21 House Journal Page 3168 HB 325 Objection was heard. The question being: "Shall Amendment No. 30 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 30 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Moses, Porter, Rokeberg, Williams Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Ryan, Sanders, Therriault, Vezey Excused: Croft Absent: Nicholia And so, Amendment No. 30 was not adopted. Amendment No. 31 was offered by Representative Grussendorf: Page 29, line 22: Under Appropriation Items: Delete "11,836,500" Insert "11,911,500" Under General Funds: Delete "1,751,200" Insert "1,826,200" Page 29, line 23: Under Allocations: Delete "1,289,300" Insert "1,364,300" Representative Grussendorf moved and asked unanimous consent that Amendment No. 31 be adopted. 1998-04-21 House Journal Page 3169 HB 325 Objection was heard. The question being: "Shall Amendment No. 31 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 31 YEAS: 11 NAYS: 27 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft Absent: Mulder And so, Amendment No. 31 was not adopted. Amendment No. 32 was not offered. Amendment No. 33 was offered by Representative Nicholia: Page 18, line 26: Under Appropriation Items: Delete "4,389,600" Insert "4,589,600" Under General Funds: Delete "3,255,800" Insert "3,455,800" 1998-04-21 House Journal Page 3170 HB 325 Page 18, line 27: Under Allocations: Delete "2,127,800" Insert "2,327,800" Representative Nicholia moved and asked unanimous consent that Amendment No. 33 be adopted. Objection was heard. The question being: "Shall Amendment No. 33 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 33 YEAS: 10 NAYS: 27 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Davies, Elton, Green, Grussendorf, Joule, Kemplen, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Croft Absent: Berkowitz, Kookesh And so, Amendment No. 33 was not adopted. Amendment No. 34 was not offered. Amendment No. 35 was offered by Representative Nicholia: 1998-04-21 House Journal Page 3171 HB 325 Page 45, line 7: Under Appropriation Items: Delete "7,493,700" Insert "7,921,700" Under General Funds: Delete "7,493,700" Insert "7,921,700" Page 45, line 9: Under Allocations: Delete "5,523,700" Insert "5,951,700" Representative Nicholia moved and asked unanimous consent that Amendment No. 35 be adopted. Objection was heard. The question being: "Shall Amendment No. 35 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 35 YEAS: 10 NAYS: 27 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, 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 Excused: Croft Absent: Barnes, Berkowitz And so, Amendment No. 35 was not adopted. 1998-04-21 House Journal Page 3172 HB 325 Amendment No. 36 was offered by Representative Davies: Page 27, line 3: Under Appropriation Items: Delete "10,038,000" Insert "10,161,400" Under General Funds: Delete "3,123,800" Insert "3,247,200" Page 27, line 17: Under Allocations: Delete "4,701,300" Insert "4,824,700" Page 56, line 2: Delete "6,945,900" Insert "7,069,300" Representative Davies moved and asked unanimous consent that Amendment No. 36 be adopted. Objection was heard. The question being: "Shall Amendment No. 36 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 36 YEAS: 10 NAYS: 28 EXCUSED: 1 ABSENT: 1 Yeas: Berkowitz, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, 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 1998-04-21 House Journal Page 3173 HB 325 Excused: Croft Absent: Barnes And so, Amendment No. 36 was not adopted. Amendment No. 37 was offered by Representative Grussendorf: Page 29, line 22: Under Appropriation Items: Delete "11,836,500" Insert "11,936,500" Under General Funds: Delete "1,751,200" Insert "1,851,200" Page 29, line 25: Under Allocations: Delete "2,470,700" Insert "2,570,700" Representative Grussendorf moved and asked unanimous consent that Amendment No. 37 be adopted. Objection was heard. The question being: "Shall Amendment No. 37 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 37 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1998-04-21 House Journal Page 3174 HB 325 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, Vezey, Williams Excused: Croft And so, Amendment No. 37 was not adopted. Amendment No. 38 was offered by Representative Joule: Page 41, line 10: Under Appropriation Items: Delete "7,664,300" Insert "7,764,300" Under General Funds: Delete "4,640,300" Insert "4,740,300" Page 41, line 11: Under Allocations: Delete "4,324,300" Insert "4,424,300" Representative Joule moved and asked unanimous consent that Amendment No. 38 be adopted. Objection was heard. The question being: "Shall Amendment No. 38 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 38 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1998-04-21 House Journal Page 3175 HB 325 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, Vezey, Williams Excused: Croft And so, Amendment No. 38 was not adopted. Amendment No. 39 was offered by Representative Brice: Page 19, line 33: Under Appropriation Items: Delete "28,396,800" Insert "28,460,000" Under General Funds: Delete "15,066,500" Insert "15,129,700" Page 20, line 3: Under Allocations: Delete "3,552,300" Insert "3,615,500" Representative Brice moved and asked unanimous consent that Amendment No. 39 be adopted. Objection was heard. The question being: "Shall Amendment No. 39 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 39 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1998-04-21 House Journal Page 3176 HB 325 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, Vezey, Williams Excused: Croft And so, Amendment No. 39 was not adopted. Amendment No. 40 was offered by Representative Kemplen: Page 12, line 22, insert a new bill section to read: "* Sec.30. (a) The sum of $2,280,800 in general funds is appropriated to the following agencies to provide responsible prevention measures to break the cycle of child abuse and neglect; (1) Community and Regional Affairs Child Assistance, Head Start Grants $1,000,000 (2) Health and Social Services State Health Services, Healthy Families $1,380,800 (b) The sum of $4,181,600 in general funds is appropriated to the Office of the Governor, Office of Management and Budget, to be distributed to the departments of Community and Regional Affairs, Education, Health and Social Services and Revenue for child abuse and neglect prevention programs. (c) The sum of $5,143,400 in general funds is appropriated to the Office of the Governor, Office of Management and Budget, Administration, Health and Social Services, Law, Public Safety and Revenue for child abuse and neglect protection programs" Renumber the following bill section accordingly. Representative Kemplen moved and asked unanimous consent that Amendment No. 40 be adopted. Objection was heard. 1998-04-21 House Journal Page 3177 HB 325 The question being: "Shall Amendment No. 40 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 40 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 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, Vezey, Williams Excused: Croft And so, Amendment No. 40 was not adopted. The House stood at ease for a Majority Caucus. Representative Kubina placed a call of the House. The Speaker stated the call was satisfied. Amendment No. 41 was not offered. Amendment No. 42 was offered by Representative Berkowitz: Page 18, line 26: Under Appropriation Items: Delete "4,389,600" Insert "4,507,800" Under General Funds: Delete "3,255,800" Insert "3,374,000" 1998-04-21 House Journal Page 3178 HB 325 Page 18, line 28: Under Allocations: Delete "2,261,800" Insert "2,380,000" Page 18, line 30: Under Appropriation Items: Delete "4,626,000" Insert "4,769,600" Under General Funds: Delete "3,326,100" Insert "3,401,500" Under Other Funds: Delete "1,299,900" Insert "1,249,900" Representative Berkowitz moved and asked unanimous consent that Amendment No. 42 be adopted. Objection was heard. Representative Hanley moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Hanley was required to vote. The question being: "Shall Amendment No. 42 be adopted?" The roll was taken with the following result: CSHB 325(FIN) am Second Reading Amendment No. 42 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1998-04-21 House Journal Page 3179 HB 325 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, Vezey, Williams Excused: Croft And so, Amendment No. 42 was not adopted. Amendment No. 43 was offered by Representative Vezey: Page 12, following line 21: Insert a new bill section to read: "* Sec. 30. An amount equal to the balance of the earnings reserve account (AS37.13.145) on June 30, 1998, less $575,000,000, less the amount calculated under AS37.13.145(c) to offset the effect of inflation on the principal of the permanent fund during fiscal year 1998, and less the amount authorized under AS37.13.145(b) for transfer to the dividend fund (AS43.23.045(a)) for the payment of 1998 permanent fund dividends, is appropriated to the principal of the Alaska permanent fund." Renumber the following bill section accordingly. Page 12, line 23: Delete "and 28" Insert "28, and 30" Renumber internal references to bill sections in accordance with this amendment. Below are all internal bill section references in this bill: Page 4, line 14 Page 4, line 18 Page 7, line 15 Page 7, line 31 Page 12, lines 22 - 23 Page 12, line 25 Page 53, line 18 1998-04-21 House Journal Page 3180 HB 325 Representative Vezey moved and asked unanimous consent that Amendment No. 43 be adopted. Representative Barnes objected. The Speaker ruled Amendment No. 43 out of order. Representative Vezey appealed the ruling of the chair. The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: Uphold Ruling of the Chair YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Grussendorf, Kemplen, Vezey Excused: Croft And so, the ruling of the Chair was upheld. Amendment No. 44 was offered by Representative Vezey: Page 1, line 2, following "programs,"(title amendment): Insert "for certain capital projects," Page 12, following line 21: Insert new bill sections to read: "* Sec. 30. COMPUTER EQUIPMENT. Contingent upon passage by the Twentieth Alaska State Legislature and enactment into law of a version of HB 385, the sum of $200,000,000 is appropriated from the general fund to the Department of Administration, division of information services, for the purchase of computers, software, 1998-04-21 House Journal Page 3181 HB 325 computer accessories and equipment, Internet access, and computer maintenance for elementary, secondary, and postsecondary students in the state. * Sec. 31. CAPITAL APPROPRIATION LAPSE. The appropriation made by sec.30 of this Act is for a capital project and lapses under AS37.25.020." Renumber the following bill section accordingly. Renumber internal references to bill sections in accordance with this amendment. Below are all internal bill section references in this bill: Page 4, line 14 Page 4, line 18 Page 7, line 15 Page 7, line 31 Page 12, lines 22 - 23 Page 12, line 25 Page 53, line 18 Representative Vezey moved and asked unanimous consent that Amendment No. 44 be adopted. Objection was heard. The Speaker ruled the amendment out of order. Representative Vezey appealed the ruling of the Chair. The Speaker withdrew the ruling. Representative Barnes rose to a point of order regarding confining remarks to the amendment before the body. The Speaker cautioned the member to proceed in order. The question being: "Shall Amendment No. 44 be adopted?" The roll was taken with the following result: 1998-04-21 House Journal Page 3182 HB 325 CSHB 325(FIN) am Second Reading Amendment No. 44 YEAS: 6 NAYS: 33 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Kemplen, Kookesh, Kubina, Moses, Vezey Nays: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Croft And so, Amendment No. 44 was not adopted. Amendment No. 45 was offered by Representative Brice: Page 22, line 32: Under Appropriation Items: Delete "736,673,500" Insert "736,923,500" Under General Funds: Delete "680,155,400" Insert "680,405,400" Page 23, following line 11, insert: "Allocations Safe School Grants 250,000" Representative Brice moved and asked unanimous consent that Amendment No. 45 be adopted. Objection was heard. The question being: "Shall Amendment No. 45 be adopted?" The roll was taken with the following result: 1998-04-21 House Journal Page 3183 HB 325 CSHB 325(FIN) am Second Reading Amendment No. 45 YEAS: 11 NAYS: 28 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 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, Vezey, Williams Excused: Croft And so, Amendment No. 45 was not adopted. Representative Porter moved and asked unanimous consent that CSHB 325(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 325(FIN) am would be in third reading on tomorrow's calendar. HB 326 The following was read the second time: HOUSE BILL NO. 326 "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) 10DP 1NR 3108 1998-04-21 House Journal Page 3184 HB 326 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. 326(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 3, line 14: Under Appropriation Items: Delete "3,230,600" Insert "3,290,600" Under General Funds Delete "2,130,900" Insert "2,190,900" Page 3, line 15: Under Allocations: Delete "744,300" Insert "804,300" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 326(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 326(FIN) was read the third time. 1998-04-21 House Journal Page 3185 HB 326 The question being: "Shall CSHB 326(FIN) pass the House?" The roll was taken with the following result: CSHB 326(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, 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 Excused: Croft And so, CSHB 326(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 326(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 63 The following was read the second time: HOUSE JOINT RESOLUTION NO. 63 Relating to support for Mitchell Field Adak airport. with the: Journal Page MLV RPT 6DP 2598 ZERO FISCAL NOTE (MLV) 2598 TRA RPT 6DP 2658 ZERO FISCAL NOTE (MLV) 3/11/98 2658 1998-04-21 House Journal Page 3186 HJR 63 Representative Porter moved and asked unanimous consent that HJR 63 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 63 was read the third time. The question being: "Shall HJR 63 pass the House?" The roll was taken with the following result: HJR 63 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, 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 Excused: Croft And so, HJR 63 passed the House and was referred to the Chief Clerk for engrossment. CONCUR IN SENATE AMENDMENTS HB 467 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3069) on the following at this time: HOUSE BILL NO. 467 "An Act relating to employees of the legislature who are employed under a personal services contract." and HOUSE BILL NO. 467 am S (same title) 1998-04-21 House Journal Page 3187 HB 467 There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to HB 467, thus adopting HB 467 am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 467?" The roll was taken with the following result: HB 467 am S Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, 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 Excused: Croft And so, the House concurred in the Senate amendment, thus adopting HB 467 am S. The Chief Clerk was instructed to so notify the Senate. HB 467 am S was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Moses - from 6:00 a.m., plane time, April 24 to 9:00p.m., plane time, April 27, 1998 Representative Ryan - from 6:25 a.m., plane time, April 26 to 9:24p.m., plane time, April 26, 1998 1998-04-21 House Journal Page 3188 Representative Hanley - from 6:00 p.m., plane time, April 25 to 10:00a.m., plane time, April 28, 1998 Representative Davis - from 6:45 p.m., plane time, April 24 to 9:38p.m., plane time, April 26, 1998 Representative Vezey - from 6:30 a.m., plane time, April 23 to 9:28p.m., plane time, April 26, 1998 Representative Vezey moved and asked unanimous consent that it be the Sense of the House that the Republican Party of Alaska Resolution No. 96.1.M be affirmed. The Speaker ruled the motion out of order. HJR 63 Representative Dyson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 63 Relating to support for Mitchell Field Adak airport. ENGROSSMENT HJR 63 HJR 63 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 326 CSHB 326(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 406 CSHB 406(FIN) am(efd fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-04-21 House Journal Page 3189 ENROLLMENT HB 362 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 8:50 a.m., April 21, 1998: 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." HB 380 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 8:50 a.m., April 21, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 380(FIN) am S "An Act relating to a temporary reduction of royalty on oil and gas produced for sale from certain fields described as being located within the Cook Inlet sedimentary basin, as having been discovered before January 1, 1988, and as having been undeveloped or shut in from at least January 1, 1988, through December 31, 1997." HB 462 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 8:50 a.m., April 21, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 462(STA) "An Act relating to the contents of certain state documents." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1998-04-21 House Journal Page 3190 The following meeting has been changed as indicated: Finance Committee 8:00 a.m., 4/22 meeting CANCELED ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m. April 22, 1998. There being no objection, the House adjourned at 9:24 p.m. Suzi Lowell Chief Clerk