Legislature(1997 - 1998)
1998-05-02 House Journal
Full Journal pdf1998-05-02 House Journal Page 3451 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Saturday May 2, 1998 One Hundred Eleventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:46 a.m. Roll call showed 36 members present. Representatives Kohring, Masek, Moses and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Hudson. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Lord, we stand beneath a flag with fifty shining stars and stripes with memories of the small colonies that put You first in their lives. It was Your cause that brought them to this great country. It was Your hand that guided their hands to pen the mighty Constitution. Lord today, as we set about our work for the people of Alaska, let our heads be bowed in respect of You, and let our hearts be filled with gratitude for Your divine wisdom. As our forefathers resisted tyranny, let us resist the weakness of egotism and the gleam of power. We need Your steadying hand, Dear Lord, in these final days, to remember that we are not the people, we are but the Representatives of the people, and not just the people we like. We are the servants of those who own this powerful democracy, even those, that given our human frailties, we wrongfully may despise. 1998-05-02 House Journal Page 3452 So Lord, as we go forward from this day, give us humility, sense of purpose, patience and respect for each other. Make us strong and keep us aware of Your goodness and Your mercy. Make us worthy of leading other sheep to Your fold where we may dwell in peace throughout the miracle days of May. We ask this in the name of the Lord. Amen." The Pledge of Allegiance was led by Representative Sanders. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 110th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 310 A message dated May 1, 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 HOUSE BILL NO. 310(RLS) "An Act relating to the utilization of groundfish; and providing for an effective date." Chapter No. 19, SLA 1998 Effective Date: May 2, 1998 HB 462 A message dated May 1, 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: 1998-05-02 House Journal Page 3453 HB 462 SENATE CS FOR CS FOR HOUSE BILL NO. 462(STA) "An Act relating to the contents of certain state documents." Chapter No. 25, SLA 1998 Effective Date: July 30, 1998 HB 467 A message dated May 1, 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: HOUSE BILL NO. 467 am S "An Act relating to employees of the legislature who are employed under a personal services contract." Chapter No. 22, SLA 1998 Effective Date: July 30, 1998 SB 195 A message dated May 1, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 195 "An Act relating to common law liens, to remedies, costs, and fees imposed for the registration, filing, or recording of certain nonconsensual common law liens, and to penalties for recording common law liens." Chapter No. 20, SLA 1998 Effective Date: July 30, 1998 SB 220 A message dated May 1, 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: 1998-05-02 House Journal Page 3454 SB 220 CS FOR SENATE BILL NO. 220(FIN)(title am) "An Act making a supplemental appropriation to the Alaska Permanent Fund Corporation for payment of management fees for fiscal year 1998; and providing for an effective date." Chapter No. 21, SLA 1998 Effective Date: May 2, 1998 SB 268 A message dated May 1, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 268 "An Act relating to the assignment to the Department of Labor of certain wage claims; and providing for an effective date." Chapter No. 24, SLA 1998 Effective Date: July 1, 1998 SB 341 A message dated May 1, 1998, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 341 "An Act relating to agricultural land; and providing for an effective date." Chapter No. 23, SLA 1998 Effective Date: May 2, 1998 MESSAGES FROM THE SENATE HB 321 A message dated May 1, 1998, was read stating the Senate has passed: 1998-05-02 House Journal Page 3455 HB 321 HOUSE BILL NO. 321 am "An Act relating to trusts, to the prudent investor rule, and to standards of care applicable to personal representatives, conservators, and trustees; and providing for an effective date." HB 321 am was referred to the Chief Clerk for enrollment. HB 407 A message dated May 1, 1998, was read stating the Senate has passed: HOUSE BILL NO. 407 "An Act relating to repayment of teacher scholarship loans." HB 407 was referred to the Chief Clerk for enrollment. HB 51 A message dated May 1, 1998, was read stating the Senate has passed CSHB 51(RLS) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) "An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." CSHB 51(RLS) am is under Unfinished Business. HB 325 A message dated May 1, 1998, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 325(FIN) am(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." 1998-05-02 House Journal Page 3456 HB 325 and SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) am S "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." (technical title change) The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted are on page 3416. HB 326 A message dated May 1, 1998, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 326(FIN) "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." and SENATE CS FOR CS FOR HOUSE BILL NO. 326(FIN) am S (same title) The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted are on page 3416. SB 110 A message dated May 1, 1998, was read stating the Senate has concurred in the House amendment to CSSB 110(L&C) am, thus adopting: 1998-05-02 House Journal Page 3457 SB 110 HOUSE CS FOR CS FOR SENATE BILL NO. 110(FIN) "An Act relating to licensure of landscape architects; relating to exemptions from laws regulating the practice of architecture, engineering, and land surveying; and relating to fees collected by the Board of Registration for Architects, Engineers, and Land Surveyors." FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 1, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 219 CS FOR SENATE BILL NO. 219(FIN) am by the Senate Finance Committee, entitled: "An Act relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence." was read the first time and referred to the Judiciary and Finance Committees. SB 356 SENATE BILL NO. 356 am by the Senate Finance Committee, entitled: "An Act relating to regulation of candidates for state office; and providing for an effective date." was read the first time and referred to the Finance Committee. 1998-05-02 House Journal Page 3458 COMMUNICATIONS The following audit reports were received: Legislative Affairs Agency Division of Legislative Audit (as required by AS 24.20.311) Department of Education Implementation of the Individuals With Disabilities Act March 9, 1998 Division of Vocational Rehabilitation Selected Issues March 23, 1998 Department of Natural Resources Division of Agriculture Agricultural Revolving Loan Fund March 31, 1998 REPORTS OF STANDING COMMITTEES HJR 68 The Transportation Committee has considered: HOUSE JOINT RESOLUTION NO. 68 Relating to continued operation of the McKinley Park airstrip for general aviation and access to Denali National Park and Preserve. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Williams, Masek, Cowdery, Sanders, Kookesh, Elton, Hudson The following fiscal note applies: 1998-05-02 House Journal Page 3459 HJR 68 Zero fiscal note, House Transportation Committee, 5/2/98 HJR 68 was referred to the Rules Committee for placement on the calendar. HB 81 The Finance Committee has considered: HOUSE BILL NO. 81 "An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation." and recommends it be replaced with: CS FOR HOUSE BILL NO. 81(FIN) (same title) The report was signed by Representative Therriault, Co-chair , with the following individual recommendations: Do pass (4): Mulder, Kohring, Davies, Grussendorf No recommendation (4): Martin, Moses, Davis, Kelly Amend (1): Therriault The following fiscal notes apply to CSHB 81(FIN): Zero fiscal note, House Finance Committee/Dept. of Revenue, 5/2/98 Zero fiscal note, Office of the Governor, 2/12/98 HB 81 was referred to the Rules Committee for placement on the calendar. HB 196 The Judiciary Committee has considered: HOUSE BILL NO. 196 "An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure." 1998-05-02 House Journal Page 3460 HB 196 and recommends it be replaced with: CS FOR HOUSE BILL NO. 196(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (4): Rokeberg, Porter, James, Bunde No recommendation (2): Croft, Green The following fiscal note applies to CSHB 196(JUD): Zero fiscal note, Dept. of Commerce & Economic Development, 5/2/98 HB 196 was referred to the Finance Committee. HB 274 The Resources Committee has considered: HOUSE BILL NO. 274 "An Act relating to the qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 274(RES) (same title) The report was signed by Representative Ogan, Co-chair, with the following individual recommendations: Do pass (3): Ogan, Green, Williams No recommendation (3): Masek, Barnes, Dyson The following fiscal note applies to CSHB 274(RES): 1998-05-02 House Journal Page 3461 HB 274 Zero fiscal note, House Special Committee on Oil & Gas, 2/20/98 HB 274 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Kohring and Masek was noted. HB 299 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 299 "An Act reducing excise tax rates for pipe tobacco and cigars; and relating to the definition of 'cigarettes' and 'tobacco products' for the purpose of taxation." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 299(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (2): Mulder, Kohring Do not pass (1): Therriault No recommendation (3): Kelly, Martin, Davis Amend (1): Hanley The following fiscal note applies to CSSSHB 299(FIN): Fiscal note, Dept. of Revenue, 5/2/98 SSHB 299 was referred to the Rules Committee for placement on the calendar. 1998-05-02 House Journal Page 3462 HB 388 The Labor & Commerce Committee has considered: HOUSE BILL NO. 388 "An Act relating to the right to refuse to sell, give, or serve an alcoholic beverage." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Cowdery, Ryan No recommendation (3): Hudson, Rokeberg, Sanders The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 4/17/98 HB 388 was referred to the Rules Committee for placement on the calendar. HB 389 The Labor & Commerce Committee has considered: HOUSE BILL NO. 389 "An Act relating to an exemption from the requirement for payment for overtime under a voluntary written agreement for certain employees in the airline industry; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 389(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Cowdery, Rokeberg 1998-05-02 House Journal Page 3463 HB 389 Do not pass (2): Sanders, Ryan The following fiscal note applies to CSHB 389(L&C): Zero fiscal note, Dept. of Labor, 5/2/98 HB 389 was referred to the Rules Committee for placement on the calendar. HB 405 The Finance Committee has considered: HOUSE BILL NO. 405 "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." and recommends it be replaced with: CS FOR HOUSE BILL NO. 405(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Kohring, Mulder, Martin Do not pass (1): Davis No recommendation (5): Therriault, Kelly, Moses, Davies, Grussendorf The following fiscal notes apply to CSHB 405(FIN): Fiscal note, Dept. of Corrections, 5/2/98 Fiscal note, Dept. of Administration, 5/2/98 Fiscal note, Alaska Court System, 5/2/98 Fiscal note, Dept. of Law, 3/9/98 HB 405 is on today's calendar. 1998-05-02 House Journal Page 3464 HB 469 The Finance Committee has considered: HOUSE BILL NO. 469 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Mapco Alaska Petroleum, Inc.; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Davies, Moses, Kelly Do not pass (1): Kohring No recommendation (4): Therriault, Grussendorf, Mulder, Martin The following fiscal note applies: Fiscal note, Dept. of Natural Resources, 3/13/98 HB 469 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Therriault was noted. HB 474 The Rules Committee has considered: HOUSE BILL NO. 474 "An Act relating to correctional officers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 474(RLS) "An Act relating to the Alaska Police Standards Council and to municipal correctional officers." The report was signed by Representative Kott, Chair, with the following individual recommendations: 1998-05-02 House Journal Page 3465 HB 474 Do pass (5): Kott, Phillips, Porter, Williams, Elton No recommendation (1): Nicholia The following fiscal note applies to CSHB 474(RLS): Zero fiscal note, Dept. of Public Safety, 4/9/98 HB 474 is on today's calendar. **The presence of Representative Moses was noted. HB 479 The Finance Committee has considered: HOUSE BILL NO. 479 "An Act relating to recognition of employers who hire Alaskans." and recommends it be replaced with: CS FOR HOUSE BILL NO. 479(FIN) (same title) The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (3): Therriault, Davies, Grussendorf No recommendation (7): Hanley, Mulder, Martin, Kohring, Moses, Davis, Kelly The following fiscal notes apply to CSHB 479(FIN): Fiscal note, Dept. of Labor, 5/2/98 Zero fiscal note, House Labor & Commerce Committee/Dept. of Labor, 4/24/98 HB 479 was referred to the Rules Committee for placement on the calendar. 1998-05-02 House Journal Page 3466 HB 490 The Labor & Commerce Committee has considered: HOUSE BILL NO. 490 "An Act relating to insurance premium taxes." and recommends it be replaced with: CS FOR HOUSE BILL NO. 490(L&C) "An Act relating to insurance premium taxes; and providing for an effective date." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Ryan, Rokeberg No recommendation (3): Cowdery, Hudson, Sanders The following fiscal note applies to CSHB 490(L&C): Fiscal note, Dept. of Commerce & Economic Development, 5/2/98 HB 490 was referred to the Finance Committee. SB 122 The Rules Committee has considered: SENATE BILL NO. 122 "An Act relating to unfair discrimination under a group health insurance policy for services provided by marital and family therapists; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 122(RLS) (same title) 1998-05-02 House Journal Page 3467 SB 122 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Kott, Phillips, Porter, Williams, Elton The following fiscal note applies to HCS SB 122(RLS): Zero fiscal note, Dept. of Commerce & Economic Development, 2/23/98 SB 122 was returned to the Rules Committee for placement on the calendar. SB 244 The Judiciary 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 Green, Chair, with the following individual recommendations: Do pass (6): Porter, Rokeberg, Croft, Bunde, James, Green The following fiscal note applies: Senate zero fiscal note, Dept. of Corrections, 2/18/98 SB 244 was referred to the Rules Committee for placement on the calendar. SB 263 The Transportation Committee has considered: CS FOR SENATE BILL NO. 263(FIN) am "An Act relating to secondary roads and to the statewide transportation improvement program; and providing for an effective date." 1998-05-02 House Journal Page 3468 SB 263 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 263(TRA) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: No recommendation (2): Masek, Williams Amend (3): Elton, Sanders, Hudson The following fiscal note applies to HCS CSSB 263(TRA): Fiscal note, Dept. of Transportation & Public Facilities, 5/2/98 CSSB 263(FIN) am was referred to the Rules Committee for placement on the calendar. SB 305 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 305(L&C) "An Act establishing a standard for determining when an injured worker is eligible for reemployment benefits and establishing a procedure for adopting a new, revised, or replacement standard for determining when an injured worker is eligible for reemployment benefits." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Cowdery, Rokeberg No recommendation (3): Ryan, Hudson, Sanders The following fiscal notes apply: Senate zero fiscal note, Dept. of Administration, 3/12/98 Senate zero fiscal note, Dept. of Labor, 3/12/98 1998-05-02 House Journal Page 3469 SB 305 CSSB 305(L&C) was referred to the Judiciary Committee. SB 330 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 330(RES) "An Act relating to locations of underground facilities and excavations in the area of underground facilities." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 330(RES) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Cowdery, Ryan No recommendation (2): Rokeberg, Sanders The following fiscal note applies to HCS CSSB 330(RES): Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/8/98 CSSB 330(RES) was referred to the Rules Committee for placement on the calendar. SB 336 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 336(L&C) "An Act relating to excluding professional hockey team members from workers' compensation coverage." The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: 1998-05-02 House Journal Page 3470 SB 336 Do pass (3): Cowdery, Ryan, Rokeberg No recommendation (2): Hudson, Sanders The following fiscal note applies: Senate zero fiscal note, Dept. of Labor, 3/23/98 CSSB 336(L&C) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Rod & Jean Ewing, Fiftieth Anniversary By Representative Kohring Honoring - Connie Reinhart, Principal of Chester Valley Elementary By Representative Mulder Honoring - Margy Johnson By Senator Lincoln; Representative Kubina In Memoriam - Helena Schwiete By Representative Austerman; Senator Mackie CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 230 The following was read the second time: HOUSE BILL NO. 230 "An Act relating to housing assistance provided by the Alaska Housing Finance Corporation and to its rural housing programs, to the corporation's supplemental housing development grants to 1998-05-02 House Journal Page 3471 HB 230 regional housing authorities, and to housing programs of regional housing authorities; permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing; and amending definitions relating to various housing programs; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NT 5DP 5NR 1AM 3326 ZERO FISCAL NOTE (REV) 3327 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. 230(FIN) "An Act amending the definition of 'small community' for purposes of housing programs involving the Alaska Housing Finance Corporation." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 230(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 230(FIN) was read the third time. The question being: "Shall CSHB 230(FIN) pass the House?" The roll was taken with the following result: CSHB 230(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1998-05-02 House Journal Page 3472 HB 230 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, CSHB 230(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 324 The following was read the second time: HOUSE BILL NO. 324 "An Act relating to liens for municipal assessments for certain utility improvements." with the: Journal Page L&C RPT CS(L&C) NT 3DP 2NR 2785 ZERO FISCAL NOTE (DCRA) 2785 JUD RPT CS(L&C) NT 3DP 1NR 1AM 3275 ZERO FISCAL NOTE (DCRA) 3275 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. 324(L&C) "An Act relating to deferral of certain municipal assessment payments." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 324(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. 1998-05-02 House Journal Page 3473 HB 324 The Speaker stated that CSHB 324(L&C) will be in third reading on the May 4, 1998 calendar. CSHB 324(L&C) was taken up later. UNFINISHED BUSINESS Representative Porter moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Davies - from 12:30 p.m. today to 9:40 a.m., plane time, May 4, 1998 (amended from page 3372) SECOND READING OF HOUSE BILLS (Continued) HB 347 The following was read the second time: HOUSE BILL NO. 347 "An Act relating to an exemption from overtime wage requirements for certain motor vehicle mechanics." with the: Journal Page L&C RPT CS(L&C) 4DP 2NR 3358 ZERO FISCAL NOTE (LABOR) 3359 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. 347(L&C) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 347(L&C) be considered engrossed, advanced to third reading and placed on final passage. 1998-05-02 House Journal Page 3474 HB 347 Representative Kubina objected. The Speaker stated that CSHB 347(L&C) will be in third reading on the May 4, 1998 calendar. HB 324 Representative Ogan moved and asked unanimous consent that the following bill, which was not advanced to third reading (page 3473), be considered engrossed, advanced to third reading and placed on final passage: CS FOR HOUSE BILL NO. 324(L&C) "An Act relating to deferral of certain municipal assessment payments." Representative Ogan moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 405 The following was read the second time: HOUSE BILL NO. 405 "An Act relating to failing to stop a vehicle when directed to do so by a peace officer." with the: Journal Page JUD RPT 4DP 1NR 2AM 2564 FISCAL NOTE (LAW) 2564 FIN RPT CS(FIN) 3DP 1DNP 5NR 3463 3 FISCAL NOTES (DOC, ADM, COURT) 3463 FISCAL NOTE (LAW) 3/9/98 3463 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. 405(FIN) (same title) There being no objection, it was so ordered. 1998-05-02 House Journal Page 3475 HB 405 Amendment No. 1 was offered by Representative Berkowitz: Page 1, line 4: Insert a new bill section to read: "*Section. 1. AS 12.55.155(c) is amended to read: ; (30) the defendant violated AS 28.35.182 during the commission of or flight from an offense" Renumber the following bill section accordingly. Page 2, line 20: Delete "C felony punishable as provided in 12.55" Insert "A misdemeanor" Page 2, line 21: Delete "A" Insert "B" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 405(FIN) Second Reading Amendment No. 1 YEAS: 15 NAYS: 19 EXCUSED: 1 ABSENT: 5 Yeas: Berkowitz, Brice, Croft, Davis, Elton, Grussendorf, Hanley, Ivan, Joule, Kelly, Kemplen, Kookesh, Nicholia, Ogan, Vezey Nays: Austerman, Bunde, Cowdery, Dyson, Green, Hodgins, Hudson, James, Kohring, Kott, Kubina, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Therriault 1998-05-02 House Journal Page 3476 HB 405 Excused: Davies Absent: Barnes, Foster, Moses, Sanders, Williams Ivan changed from "Nay" to "Yea". Davis changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that CSHB 405(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSHB 405(FIN) will be in third reading on the May 4, 1998 calendar. HB 474 The following was read the second time: HOUSE BILL NO. 474 "An Act relating to correctional officers." with the: Journal Page JUD RPT 3DP 1NR 2940 ZERO FISCAL NOTE (DPS) 2940 RLS RPT CS(RLS) NT 5DP 1NR 3464 ZERO FISCAL NOTE (DPS) 4/9/98 3465 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. 474(RLS) "An Act relating to the Alaska Police Standards Council and to municipal correctional officers." There being no objection, it was so ordered. 1998-05-02 House Journal Page 3477 HB 474 Representative Porter moved and asked unanimous consent that CSHB 474(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 474(RLS) was read the third time. The question being: "Shall CSHB 474(RLS) pass the House?" The roll was taken with the following result: CSHB 474(RLS) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Excused: Davies Absent: Moses And so, CSHB 474(RLS) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 197 The following was read the second time: CS FOR SENATE BILL NO. 197(RLS) am "An Act relating to health care services provided by, and practices of, a health maintenance organization; providing that an enrollee in a health maintenance organization has the right to select a treating chiropractor; specifying certain chiropractic health care reports, examinations, and limits on treatment; and prohibiting health maintenance organizations from limiting free speech of health care providers." 1998-05-02 House Journal Page 3478 SB 197 with the: Journal Page HES RPT HCS(HES) 1DP 3NR 3361 SENATE ZERO FISCAL NOTE (DCED) 1/21/98 3361 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 197(HES) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 197(HES) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 197(HES) will be in third reading on the May 4, 1998 calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 35 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 35 Establishing a Joint Task Force on the Census and Redistricting. with the: Journal Page STA RPT CS(STA) 1DP 4NR 3389 ZERO FISCAL NOTE(LAA) 3390 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 1998-05-02 House Journal Page 3479 HCR 35 CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(STA) (same title) There being no objection, it was so ordered. The question being: "Shall CSHCR 35(STA) pass the House?" The roll was taken with the following result: CSHCR 35(STA) Second Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Nays: Berkowitz, Croft, Grussendorf, Kemplen, Kohring, Ogan Excused: Davies Absent: Moses, Vezey And so, CSHCR 35(STA) passed the House and was referred to the Chief Clerk for engrossment. HOUSE BILLS IN SECOND READING HB 324 Without objection, the House reverted to the following which had not been advanced to third reading on the same day (page 3473): CS FOR HOUSE BILL NO. 324(L&C) "An Act relating to deferral of certain municipal assessment payments." Representative Porter moved and asked unanimous consent that CSHB 324(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-05-02 House Journal Page 3480 HB 324 CSHB 324(L&C) was read the third time. Representative Berkowitz moved and asked unanimous consent that CSHB 324(L&C) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 1, line 6: Delete "elderly or" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 324(L&C) am pass the House?" The roll was taken with the following result: CSHB 324(L&C) am Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Excused: Davies Absent: Barnes, Grussendorf, Hanley, Masek, Moses, Ryan And so, CSHB 324(L&C) am passed the House and was referred to the Chief Clerk for engrossment. 1998-05-02 House Journal Page 3481 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 - Representative Bettye Davis By Representatives Ryan, Phillips, Austerman, Barnes, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Sanders, Vezey, Williams Honoring - Trooper David C. Churchill By Representatives Masek, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - George "Bill" Lette, Mountain View Community Patrol By Representatives Kemplen, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, James, Joule, Kelly, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Ellis Honoring - Mountain View Community Patrol By Representatives Kemplen, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Ellis Honoring - Carolyn Lyons By Representatives Kemplen, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, James, Joule, Kelly, Kott, Kubina, Nicholia, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams; Senator Ellis In Memoriam - Russell Daniel Wright By Representatives Grussendorf, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-02 House Journal Page 3482 In Memoriam - Hamel Frank, "Vi'idzee Ndee; Dilir" By Senator Lincoln; Representatives Nicholia, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams UNFINISHED BUSINESS SB 263 The Speaker added a Finance Committee referral for the following: CS FOR SENATE BILL NO. 263(FIN) am "An Act relating to secondary roads and to the statewide transportation improvement program; and providing for an effective date." CSSB 263(FIN) am was removed from the Rules Committee and referred to the Finance Committee. HB 122 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 122 "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals and to execution on judgments against prisoners' accounts; amending Alaska Rule of Administrative Procedure 10(e), Alaska Rule of Appellate Procedure 502(b), Alaska Rule of Civil Procedure 26, and Alaska Rule of Criminal Procedure 35; and providing for an effective date." HB 122 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 196 The Speaker waived the Finance Committee referral for the following at the request of Representative Therriault, Co-chair: HOUSE BILL NO. 196 "An Act relating to wills, intestacy, nonprobate transfers, and trusts; and amending Rule 24, Alaska Rules of Civil Procedure." 1998-05-02 House Journal Page 3483 HB 196 HB 196 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 81 Representative James moved and asked unanimous consent that the following bill be withdrawn: HOUSE BILL NO. 81 "An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation." There being no objection, HB 81 was withdrawn. HJR 50 Representative James moved and asked unanimous consent that the following resolution be withdrawn: HOUSE JOINT RESOLUTION NO. 50 Proposing amendments to the Constitution of the State of Alaska relating to a public corporation established to manage the permanent fund. There being no objection, HJR 50 was withdrawn. HB 432 The Speaker waived the Transportation Committee referral for the following at the request of Representative Williams, Chair: HOUSE BILL NO. 432 "An Act relating to the bond authorization for international airports revenue bonds; and providing for an effective date." HB 432 was removed from the Transportation Committee and referred to the Finance Committee. HB 149 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: 1998-05-02 House Journal Page 3484 HB 149 HOUSE BILL NO. 149 "An Act relating to the management of salmon fisheries; and providing for an effective date." Representative Porter objected. The question being: "Shall HB 149 be withdrawn from committee?" The roll was taken with the following result: HB 149 Withdraw from Committee YEAS: 2 NAYS: 32 EXCUSED: 1 ABSENT: 5 Yeas: Brice, Vezey Nays: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Excused: Davies Absent: Croft, Hanley, Kohring, Moses, Ogan Barnes changed from "Yea" to "Nay". And so, the motion failed. HB 149 is in the House Special Committee on Fisheries. HB 434 The Health, Education & Social Services Committee has submitted the forthcoming fiscal notes to accompany their report (page 3394): Fiscal notes (2), Dept. of Health & Social Services, 5/2/98 1998-05-02 House Journal Page 3485 HB 434 for: CS FOR HOUSE BILL NO. 434(HES) "An Act relating to the assessment of recipients of assistance under the Alaska temporary assistance program for the use of alcohol and controlled substances and compliance with recommendations of the assessment as a condition of the recipient's family self-sufficiency plan; and providing for an effective date." HB 434 is in the Judiciary Committee. HB 324 Representatives Croft and James added their names as cosponsors to: CS FOR HOUSE BILL NO. 324(L&C) am "An Act relating to deferral of certain municipal assessment payments." HB 340 Representative Dyson added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 340 "An Act relating to child abuse and neglect, child-in-need-of-aid proceedings, delinquency hearings, and review of cases involving certain children who are in the custody of the state; relating to the crime of endangering the welfare of a minor; relating to disclosure of information about children and their families; amending Rules 3, 7, 10, 15, 17 - 19, and 22, Alaska Child in Need of Aid Rules; amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules; and providing for an effective date." ENGROSSMENT HCR 35 CSHCR 35(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-05-02 House Journal Page 3486 HB 230 CSHB 230(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 324 CSHB 324(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 474 CSHB 474(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 269 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 269(RLS) "An Act relating to the state plumbing code; and providing for an effective date." ENROLLMENT HB 33 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 5:20 p.m., May1, 1998: CS FOR HOUSE BILL NO. 33(FIN) am "An Act relating to real estate licensees and to the real estate surety fund; relating to the Real Estate Commission; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/2 Minority Caucus upon adj., 5/2 1998-05-02 House Journal Page 3487 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 4, 1998. There being no objection, the House adjourned at 1:20 p.m. Suzi Lowell Chief Clerk