Legislature(1997 - 1998)
1998-05-05 House Journal
Full Journal pdf1998-05-05 House Journal Page 3513 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday May 5, 1998 One Hundred Fourteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:12 a.m. Roll call showed 31 members present. Representatives Berkowitz, Hanley, Hodgins, Ivan, James, Kubina, Moses, Nicholia and Therriault were absent and their presence was noted later. The invocation was offered by Samira Samimi-Moore of the Spiritual Assembly of the Baha'i's of Juneau. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O Thou kind Lord! This gathering is turning to Thee. These hearts are radiant with Thy love. These minds and spirits are exhilarated by the message of Thy glad tidings. O God! Let this American democracy become glorious in spiritual degrees even as it has aspired to material degrees, and render this just government victorious. Confirm this revered nation to upraise the standard of the oneness of humanity, to promulgate the Most Great Peace, to become thereby, most glorious and praiseworthy among all the nations of the world. O God! This American nation is worthy of Thy favors and is deserving of Thy mercy. Make it precious and near to Thee through Thy bounty and bestowal. -- Baha'i Writings" The Pledge of Allegiance was led by Representative Barnes. 1998-05-05 House Journal Page 3514 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 113th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 299 The following letter, dated May 4, 1998, was received: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: SENATE BILL NO. 299 am H "An Act relating to the treatment of well test flares, nonroad engines, and aggregated fuel burning equipment associated with nonroad engines under the state's air quality control program; defining 'stationary source' for purposes of the state's air quality program." Every family in Alaska depends on clean air and clean water. Clean air and water are fundamental rights we cannot and will not compromise. In the past, I opposed legislation which would have reduced our water quality standards. Today I veto Senate Bill 299 because it would decrease our air quality, harming Alaskans' health and environment. Alaskans know we can have a strong economy while protecting our air, water and habitat. They expect us to "do it right." Senate Bill 299 (SB 299) directly deregulates air pollution resulting from oil and gas drilling operations. It exempts the drill rigs operating in Alaska from the requirement to prevent and control pollution. It additionally deregulates associated facilities. This includes hazardous waste incinerators, power plants, mines, asphalt batch plants, and the Valdez oil terminal. The result will lead to significantly higher emissions of harmful air pollutants including sulfur dioxide, nitrogen oxide and benzene. It would be irresponsible to allow this bill to become law and harm the health of our citizens and the quality of our environment. 1998-05-05 House Journal Page 3515 SB 299 SB 299 would put Alaska out of compliance with the federal Clean Air Act and puts Alaska's control of our air quality control program at risk of federal takeover. Alaska currently manages air quality permits for approximately 500 facilities from Ketchikan to Kotzebue -- everything from electric utilities to fish processors. A federal takeover of this program would drastically affect all those operations in the form of duplicative requirements, much higher fees and less responsive regulators. This would be an unacceptable and unnecessary burden on Alaska citizens and industries. In addition to the health and environmental impacts, the consequences of this bill will hinder our pursuit of future oil and gas development. State and federal leases will be challenged based on air quality hazards. I am especially concerned that passage of this bill will harm our ability to convince the federal government to lease the National Petroleum Reserve-Alaska. Finally, this bill is unnecessary. Working in partnership with my Administration, Alaska industries recently signed a conceptual agreement with the Department of Environmental Conservation to design an air quality management program that protects our air, provides the needed flexibility for industry to operate efficiently, and complies with federal laws. The Alaska Chapter of the International Association of Drilling Contractors (IADC) along with Alaska's major oil field operators endorse the agreement. Implementation of this conceptual agreement will dramatically reduce the amount of sulfur- based air emissions from drilling operations and ensure that other potentially harmful emissions are appropriately controlled. This solution would not be possible if SB 299 were to become law. Sincerely, /s/ Tony Knowles Governor" 1998-05-05 House Journal Page 3516 MESSAGES FROM THE SENATE HB 50 A message dated May 4, 1998, was read stating the Senate has passed CSHB 50(FIN) with the following amendment: Page 1, lines 5 - 11: Delete "A permittee may use broadcasting to promote, but not conduct, a charitable gaming activity permitted under this chapter other than bingo, pull-tab games, raffles and lotteries, and contests of skill. Prior to commencing the broadcasting, a permittee using broadcasting under this subsection shall notify the department in writing of the type of broadcasting to be used, what is planned for the broadcasting, and when the broadcasting is to be conducted." Page 1, line 14, through page 2, line 2: Delete "bingo, pull-tab games, raffles and lotteries, or contests of skill ¦CHARITABLE GAMING ACTIVITY UNDER THIS CHAPTERá." Insert "a charitable gaming activity under this chapter except that a person may use broadcasting to promote a fish derby or a type of classic or sweepstakes defined in AS05.15.690." And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 50(FIN) am S "An Act relating to the use of broadcasting to promote certain classics or sweepstakes; and providing for an effective date." CSHB 50(FIN) is under Unfinished Business. HB 261 A message dated May 4, 1998, was read stating the Senate has passed CSHB 261(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 261(FIN) "An Act relating to fines and to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund." 1998-05-05 House Journal Page 3517 HB 261 CSHB 261(FIN) am is under Unfinished Business. SB 269 A message dated May 4, 1998, was read stating the Senate has concurred in the House amendment to CSSB 269(L&C), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 269(RLS) "An Act relating to the state plumbing code; and providing for an effective date." **The presence of Representatives Berkowitz and Nicholia was noted. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 4, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: SB 312 SENATE BILL NO. 312 by Senator Wilken by request, entitled: "An Act relating to animals, to food, to pest control, and to the Alaska Food, Drug and Cosmetic Act; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 350 CS FOR SENATE BILL NO. 350(FIN) by the Senate Finance Committee, entitled: "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date." was read the first time and referred to the Finance Committee. 1998-05-05 House Journal Page 3518 REPORTS OF STANDING COMMITTEES SJR 42 The Finance Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (6): Therriault, Hanley, Mulder, Martin, Davis, Kelly The following fiscal note applies: Senate fiscal note, Office of the Governor, 3/10/98 CSSJR 42(FIN) was referred to the Rules Committee for placement on the calendar. SB 242 The Finance Committee has considered: CS FOR SENATE BILL NO. 242(FIN) "An Act providing for the forfeiture of good time sentence credits of sex offenders who fail to successfully complete sex offender treatment programs." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (9): Therriault, Mulder, Martin, Kohring, Davies, Grussendorf, Moses, Davis, Kelly The following fiscal notes apply: Senate zero fiscal note, Dept. of Corrections, 4/6/98 Senate zero fiscal notes (2), Dept. of Administration, 1/27/98 1998-05-05 House Journal Page 3519 SB 242 CSSB 242(FIN) was referred to the Rules Committee for placement on the calendar. SB 331 The Finance Committee has considered: CS FOR SENATE BILL NO. 331(FIN) "An Act regulating licensed professional counselors; regulating use of the titles 'licensed professional counselor' and 'licensed counselor'; amending Rule 504(a)(3), Alaska Rules of Evidence; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 331(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Grussendorf, Davis, Davies Do not pass (1): Kohring No recommendation (3): Therriault, Mulder, Kelly The following fiscal note applies to HCS CSSB 331(FIN): Senate fiscal note, Dept. of Commerce & Economic Development, 3/23/98 CSSB 331(FIN) was referred to the Rules Committee for placement on the calendar. SB 334 The Finance Committee has considered: CS FOR SENATE BILL NO. 334(FIN) "An Act relating to guidelines and standards for state training 1998-05-05 House Journal Page 3520 SB 334 programs; relating to the Alaska Human Resource Investment Council; extending the termination date of the state training and employment program; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 334(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Davies, Moses, Davis Do not pass (1): Kohring No recommendation (5): Therriault, Mulder, Martin, Grussendorf, Kelly The following fiscal notes apply to HCS CSSB 334(FIN): Fiscal note, University of Alaska, 5/5/98 Fiscal note, Dept. of Labor, 5/5/98 Fiscal note, Office of the Governor, 5/5/98 Senate zero fiscal notes (3), Senate Finance Committee/Dept. of Education, 4/2/98 Senate zero fiscal note, Senate Finance Committee/Dept. of Health & Social Services, 4/2/98 Senate zero fiscal note, Dept. of Administration, 4/1/98 CSSB 334(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Kubina and Moses was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1998-05-05 House Journal Page 3521 Honoring - Valdez High School, Academic Decathlon Champions, and Kim Mackey, Academic Decathlon Coach of the Year By Representative Kubina; Senator Lincoln Honoring - Billy Parks By Representative Green Honoring - Native Science Fair Participants By Representative Joule; Senator Adams Honoring - Robert "Big Bob" Aiken By Representative Joule; Senator Adams Honoring - Larry Holmes By Representative Bunde Honoring - Tanana Wolves Boys Basketball Team, Class 2A Third Place Champions By Representative Nicholia; Senator Lincoln In Memoriam - Dorothy I. Clifton, Grand Dame of Valdez By Representative Kubina; Senator Lincoln In Memoriam - Marie Wood By Representative Joule; Senator Adams In Memoriam - Mike Harr By Representative Kelly In Memoriam - Nancy Kingsbury By Representative Vezey In Memoriam - Angelika "Angie" Dawn Gardner By Senators Halford, Phillips; Representative Dyson In Memoriam - Edward W. "Ted" Wilson By Senators Halford, Phillips; Representative Dyson **The presence of Representative Ivan was noted. 1998-05-05 House Journal Page 3522 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 122 The following was read the second time: 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." with the: Journal Page JUD RPT CS(JUD) NT 2DP 3NR 3035 4 ZERO FNS (2-ADM, COR, LAW) 2/10/98 3036 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. 122(JUD) "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals; relating to violation of certain testing orders for those convicted of certain crimes; relating to probation and parole conditions and revocation of parole; amending Rule 10(e), Alaska Administrative Rules, Rule 502(b), Alaska Rules of Appellate Procedure, Rule 26, Alaska Rules of Civil Procedure, and Rules 32 and 35, Alaska Rules of Criminal Procedure." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 122(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 122(JUD) was read the third time. 1998-05-05 House Journal Page 3523 HB 122 **The presence of Representative Hodgins was noted. Representative Berkowitz placed a call of the House. **The presence of Representatives James, Hanley and Therriault was noted. The Speaker stated the call was satisfied. The question being: "Shall CSHB 122(JUD) pass the House?" The roll was taken with the following result: CSHB 122(JUD) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, CSHB 122(JUD) 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 court rule changes. There being no objection, it was so ordered. CSHB 122(JUD) was referred to the Chief Clerk for engrossment. HB 323 The following was read the second time: HOUSE BILL NO. 323 "An Act relating to the calculation of credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, and state boarding schools; and providing for an effective date." 1998-05-05 House Journal Page 3524 HB 323 with the: Journal Page L&C RPT CS(L&C) NT 6DP 3237 FISCAL NOTE (ADM) 3238 HES RPT CS(HES) NT 4DP 2NR 3391 FISCAL NOTE (ADM) 3392 FIN RPT CS(FIN) NT 6DP 1NR 3495 FISCAL NOTE (ADM) 5/1/98 3495 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. 323(FIN) "An Act relating to the calculation of employee contributions and credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, the Alaska Vocational Technical Center, and state boarding schools; and providing for an effective date." There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that CSHB 323(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 323(FIN) was read the third time. The question being: "Shall CSHB 323(FIN) pass the House?" The roll was taken with the following result: CSHB 323(FIN) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-05 House Journal Page 3525 HB 323 Nays: Ogan Absent: Barnes, Masek And so, CSHB 323(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. Representative Masek later gave notice of reconsideration of her vote on CSHB 323(FIN), and the reconsideration was taken up then. HB 469 The following was read the second time: 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." with the: Journal Page O&G RPT 4DP 1NR 2905 FISCAL NOTE (DNR) 3/13/98 2905 ECD RPT 3DP 2NR 3398 FISCAL NOTE (DNR) 3/13/98 3398 FIN RPT 3DP 1DNP 4NR 3464 FISCAL NOTE (DNR) 3/13/98 3464 Representative Porter moved and asked unanimous consent that HB 469 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 469 was read the third time. Representative Hanley moved and asked unanimous consent that he be allowed to abstain from voting due to a possible conflict of interest. Objection was heard, and Representative Hanley was required to vote. 1998-05-05 House Journal Page 3526 HB 469 The question being: "Shall HB 469 pass the House?" The roll was taken with the following result: HB 469 Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Kohring, Martin Absent: Mulder And so, HB 469 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. HB 469 was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 122 The following was read the second time: 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." with the: Journal Page STA RPT HCS(STA) 4DP 2NR 2403 ZERO FISCAL NOTE (DCED) 2403 1998-05-05 House Journal Page 3527 SB 122 L&C RPT HCS(STA) 2DP 3NR 2597 ZERO FISCAL NOTE (DCED) 2/23/98 2597 RLS RPT HCS(RLS) 5DP 3466 ZERO FISCAL NOTE (DCED) 2/23/98 3467 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 122(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS SB 122(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 122(RLS) was read the third time. Representative Dyson moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Dyson was required to vote. The question being: "Shall HCS SB 122(RLS) pass the House?" The roll was taken with the following result: HCS SB 122(RLS) Third Reading Final Passage YEAS: 30 NAYS: 5 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Kelly, Kohring, Martin, Ogan, Vezey Absent: Bunde, Hanley, Kott, Moses, Therriault 1998-05-05 House Journal Page 3528 SB 122 And so, HCS SB 122(RLS) passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS SB 122(RLS) was referred to the Chief Clerk for engrossment. SB 250 The following was read the second time: CS FOR SENATE BILL NO. 250(FIN) am "An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game." with the: Journal Page RES RPT WITH AMENDMENT 3DP 3NR 2964 SENATE ZERO FISCAL NOTE (F&G) 3/13/98 2965 FIN RPT HCS(FIN) NT 4DP 2NR 2AM 3304 ...TECHNICAL TITLE CHANGE 3304 INDETERMINATE FISCAL NOTE (F&G) 3305 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. 250(FIN) "An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 3, line 3: Delete "a high level of" 1998-05-05 House Journal Page 3529 SB 250 Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 250(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 23 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Bunde, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia, Phillips, Williams Nays: Austerman, Barnes, Cowdery, Croft, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders Absent: Hanley, Therriault, Vezey Hudson changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 250(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 250(FIN) will be in third reading on tomorrow's calendar. SENATE BILLS IN SECOND READING SB 284 The following, which had been held in second reading to today's calendar (page 3504), was again before the House: 1998-05-05 House Journal Page 3530 SB 284 CS FOR SENATE BILL NO. 284(STA) "An Act relating to cruelty to animals." Amendment No. 2 was offered by Representative Ogan: Page 2, line 1, following "hunting": Insert ", fishing" Representative Ogan moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Representative Ogan moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Porter: Page 1, line 15: Delete "or" Insert "¦ORá" Page 2, line 1, following "activities": Insert "; or (4) conformed to professionally accepted training and disciplinary methods" Representative Porter moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted. The Speaker ruled Amendment No. 4 out of order stating it was dilatory. Representative Porter moved and asked unanimous consent that CSSB 284(STA) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1998-05-05 House Journal Page 3531 SB 284 CSSB 284(STA) am H was read the third time. The question being: "Shall CSSB 284(STA) am H pass the House?" The roll was taken with the following result: CSSB 284(STA) am H Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, James, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Ivan, Kelly, Kohring, Ogan, Vezey Absent: Foster, Hanley, Therriault Ivan changed from "Yea" to "Nay". And so, CSSB 284(STA) am H passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 68 The following was read the second time: 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. with the: Journal Page TRA RPT 7DP 3458 ZERO FISCAL NOTE (H.TRA) 3459 Amendment No. 1 was not offered. 1998-05-05 House Journal Page 3532 HJR 68 Amendment No. 2 was offered by Representative Davies: Page 2, line 12: Delete "included" Insert "adequately discussed" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Porter objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Representative Porter moved and asked unanimous consent that HJR 68 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 68 am was read the third time. The question being: "Shall HJR 68 am pass the House?" The roll was taken with the following result: HJR 68 am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Kookesh, Kubina, Ogan, Therriault And so, HJR 68 am passed the House and was referred to the Chief Clerk for engrossment. 1998-05-05 House Journal Page 3533 SECOND READING OF SENATE RESOLUTIONS SCR 28 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 28 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 404, relating to commercial motor vehicles. The question being: "Shall SCR 28 pass the House?" The roll was taken with the following result: SCR 28 Second Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Kohring Absent: Hanley, Mulder, Therriault And so, SCR 28 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative Porter moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1998-05-05 House Journal Page 3534 Honoring - Sergeant Nelson "Duke" Ballard, Alaska State Trooper By Representatives Masek, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Derrill Johnson By Representatives Elton, Hudson, Berkowitz, Brice, Croft, Davies, Davis, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Duncan Honoring - Prince William Sound Community College, 20th Anniversary By Senator Lincoln; Representatives Kubina, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Rachel Lizardi By Senator Lincoln; Representatives Kubina, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Barbara Waters, Dezi Butcher, and Barbara Tillman, Pony Express Tour 1998, Women's Motorcyclist Foundation By Senator Ward; Representatives Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Ivan, James, Joule, Kelly, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams In Memoriam - Casey Joe Holbrook By Representatives Masek, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, James, Joule, Kelly, Kohring, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1998-05-05 House Journal Page 3535 In Memoriam - Anne Speilberg By Representatives Vezey, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams CONCUR IN SENATE AMENDMENTS HB 50 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3516) on the following at this time: CS FOR HOUSE BILL NO. 50(FIN) "An Act relating to the use of broadcasting to promote certain classics or sweepstakes; and providing for an effective date." and CS FOR HOUSE BILL NO. 50(FIN) am S (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 50(FIN), thus adopting CSHB 50(FIN) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 50(FIN)?" The roll was taken with the following result: CSHB 50(FIN) am S Concur YEAS: 33 NAYS: 3 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1998-05-05 House Journal Page 3536 HB 50 Nays: Dyson, Kohring, Ogan Absent: Hanley, Joule, Martin, Therriault And so, the House concurred in the Senate amendment, thus adopting CSHB 50(FIN) am S. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. CSHB 50(FIN) am S was referred to the Chief Clerk for enrollment. HB 261 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3516) on the following at this time: CS FOR HOUSE BILL NO. 261(FIN) am "An Act relating to fines and to a surcharge imposed for violations of state or municipal law and to the Alaska police training fund." and SENATE CS FOR CS FOR HOUSE BILL NO. 261(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 261(FIN) am, thus adopting SCS CSHB 261(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 261(FIN) am?" The roll was taken with the following result: 1998-05-05 House Journal Page 3537 HB 261 SCS CSHB 261(FIN) Concur YEAS: 26 NAYS: 11 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, Joule, Kelly, Kemplen, Kookesh, Kubina, Moses, Nicholia, Phillips, Porter, Rokeberg, Williams Nays: Barnes, Dyson, James, Kohring, Kott, Masek, Mulder, Ogan, Ryan, Sanders, Vezey Absent: Hanley, Martin, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 261(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 261(FIN) was referred to the Chief Clerk for enrollment. RECONSIDERATION HB 323 Representative Masek gave notice of reconsideration of her vote on CSHB 323(FIN) (page 3525). Representative Masek moved and asked unanimous consent that reconsideration of CSHB 323(FIN) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 323(FIN) "An Act relating to the calculation of employee contributions and credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, the Alaska Vocational Technical Center, and state boarding schools; and providing for an effective date." 1998-05-05 House Journal Page 3538 HB 323 The question to be reconsidered: "Shall CSHB 323(FIN) pass the House?" The roll was taken with the following result: CSHB 323(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Dyson, Kohring, Ogan, Vezey Absent: Croft, Hanley, Moses, Therriault And so, CSHB 323(FIN) passed the House on reconsideration. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 323(FIN) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Vezey moved that it be the Sense of the House that the budget deficit for FY 99 not exceed $750,000,000. Objection was heard. The question being: "Shall it be the Sense of the House that the budget deficit for FY 99 not exceed $750,000,000?" The roll was taken with the following result: Sense of the House FY 99 Budget Deficit YEAS: 4 NAYS: 32 EXCUSED: 0 ABSENT: 4 1998-05-05 House Journal Page 3539 Yeas: Kohring, Ogan, Sanders, Vezey Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Williams Absent: Croft, Hanley, Moses, Therriault Barnes changed from "Yea" to "Nay". Cowdery changed from "Yea" to "Nay". And so, the motion failed. The Speaker ruled that all future Sense of the House matters must be in writing on the members' desks prior to being considered. HB 444 Representative Bunde, Chair, moved and asked unanimous consent that the referral to the Health, Education & Social Services Committee be waived for the following: HOUSE BILL NO. 444 "An Act relating to paternity determinations; relating to extinguishment of child support arrearages and public assistance debt and to reimbursement of payments already made to the state on behalf of the child when paternity is administratively disestablished or a court determination of paternity is vacated; and amending Rules 60 and 90.3(h), Alaska Rules of Civil Procedure." Representative Davies objected and withdrew the objection. There being no further objection, the Speaker waived the Health, Education & Social Services Committee referral. HB 444 was removed from the Health, Education & Social Services Committee and sent to the Judiciary Committee with a further referral to the Finance Committee. 1998-05-05 House Journal Page 3540 SB 160 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Green, Chair: CS FOR SENATE BILL NO. 160(L&C) "An Act relating to radiological equipment used in the practice of dentistry." CSSB 160(L&C) was removed from the Judiciary Committee and referred to the Finance Committee. HB 323 Representatives Croft and Nicholia added their names as cosponsors to: CS FOR HOUSE BILL NO. 323(FIN) "An Act relating to the calculation of employee contributions and credited service in the public employees' retirement system for noncertificated employees of school districts, regional educational attendance areas, the Alaska Vocational Technical Center, and state boarding schools; and providing for an effective date." SB 250 Representative James added her name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) "An Act relating to management of game, to the fish and game fund and federal aid for restoration of wildlife and fish, and to the duties of the commissioner of fish and game; and providing for an effective date." ENGROSSMENT HJR 68 HJR 68 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 122 CSHB 122(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-05-05 House Journal Page 3541 HB 323 CSHB 323(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 469 HB 469 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 122 HCS SB 122(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 197 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. 197(HES) "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." SB 284 CSSB 284(STA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus upon adj, 5/5 1998-05-05 House Journal Page 3542 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 6, 1998. There being no objection, the House adjourned at 11:59 a.m. Suzi Lowell Chief Clerk