Legislature(1997 - 1998)
1998-05-08 House Journal
Full Journal pdf1998-05-08 House Journal Page 3637 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday May 8, 1998 One Hundred Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:13 a.m. Roll call showed 26 members present. Representatives Barnes, Berkowitz, Davies, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Nicholia, Therriault and Williams were absent and their presence was noted later. The invocation was offered by Steven Christianson of the Juneau Baha'i Community. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Oh my God! Oh my God! Unite the hearts of Thy servants, and reveal to them Thy great purpose. May they follow Thy commandments and abide in Thy law. Help them, Oh God, in their endeavor, and grant them strength to serve Thee. Oh God, leave them not to themselves, but guide their steps by the light of Thy knowledge, and cheer their hearts by Thy love. Verily, Thou art their helper and their Lord." The Pledge of Allegiance was led by Representative Foster. 1998-05-08 House Journal Page 3638 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/8 Minority Caucus upon recess, 5/8 The Speaker stated the House would stand at ease for 15 minutes; and so, the House stood at ease at 10:17 a.m. AFTER AT EASE The Speaker called the House back to order at 10:42 a.m. A second quorum call showed 26 members present. **The presence of Representatives Barnes, Berkowitz, James, Kohring, Martin and Mulder was noted. MESSAGES FROM THE GOVERNOR HB 380 A letter dated May 7, 1998, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: 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." 1998-05-08 House Journal Page 3639 HB 380 the engrossed and enrolled copies were transmitted to the Lieutenant Governor's office for permanent filing and the following chapter number was assigned: Chapter No. 29, SLA 1998 Effective Date: August 5, 1998 SB 307 The following letter, dated May 7, 1998, was received: "Dear Speaker Phillips: Under the authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: HOUSE CS FOR SENATE BILL NO. 307(RLS) am H "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date." This bill changes the way the Governor of Alaska may fill a vacancy in the office of United States senator by requiring the appointee be of the same political party as the person who vacated the office. The qualifications a person must meet in order to serve as a United States senator are set out in the United States Constitution. The Alaska Constitution places no further restrictions on the qualifications. With this bill, the Legislature has politicized the process of selection. This change has the effect of excluding at least 75 percent of Alaskans from eligibility to fill a U.S. Senate vacancy as no one party in the state claims more than 25 percent of registered voters. I believe the character of a person is far more important than party affiliation. I see no reason to change the current practice for appointing U.S. Senate vacancies, which has historically served Alaskans well. Sincerely, /s/ Tony Knowles Governor" 1998-05-08 House Journal Page 3640 MESSAGES FROM THE SENATE HJR 65 A message dated May 7, 1998, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 65(L&C) Requesting that Alaska wild salmon be included as an organic food under federal law. CSHJR 65(L&C) was referred to the Chief Clerk for enrollment. HB 347 A message dated May 7, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 347(L&C) "An Act relating to an exemption from overtime wage requirements for certain motor vehicle mechanics." CSHB 347(L&C) was referred to the Chief Clerk for enrollment. HB 449 A message dated May 7, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 449(STA) "An Act relating to certain individual retirement accounts; and providing for an effective date." CSHB 449(STA) was referred to the Chief Clerk for enrollment. **The presence of Representative Ivan was noted. HJR 22 A message dated May 7, 1998, was read stating the Senate has passed HJR 22 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 22(RLS) Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. 1998-05-08 House Journal Page 3641 HJR 22 HJR 22 is under Unfinished Business. HB 353 A message dated May 7, 1998, was read stating the Senate has passed CSHB 353(HES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 353(HES) "An Act relating to adoption by reference in regulations; and providing for an effective date." CSHB 353(HES) am is under Unfinished Business. **The presence of Representative Davies was noted. COMMUNICATIONS The following report was received: Dept. of Administration Office of the Commissioner Report on the Monetary Terms of the Collective Bargaining Agreement Between the State of Alaska and the Alaska State Employees Association (as required by AS 23.40.215) The Speaker referred the report to the Finance Committee. REPORTS OF STANDING COMMITTEES SB 160 The Finance Committee has considered: CS FOR SENATE BILL NO. 160(L&C) "An Act relating to radiological equipment used in the practice of dentistry." 1998-05-08 House Journal Page 3642 SB 160 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 160(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (1): Kelly Do not pass (3): Kohring, Davies, Grussendorf No recommendation (5): Therriault, Mulder, Martin, Moses, Davis The following fiscal notes apply to HCS CSSB 160(FIN): Senate fiscal note, Dept. of Commerce & Economic Development, 4/3/98 Senate zero fiscal note, Dept. of Health & Social Services, 4/14/98 CSSB 160(L&C) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Nicholia was noted. SB 223 The Finance Committee has considered: CS FOR SENATE BILL NO. 223(FIN) am "An Act relating to the age requirement for purposes of senior housing programs and requiring the Alaska Housing Finance Corporation to establish the age requirement, which may not be less than 55 years of age, for occupants of certain senior housing; relating to the senior housing revolving fund; repealing the senior housing bond account; relating to bonds to fund senior housing loans; repealing a provision relating to the interest rate on senior housing loans made by the Alaska Housing Finance Corporation; and providing for an effective date." 1998-05-08 House Journal Page 3643 SB 223 The report was signed by Representative Mulder, Vice Chair, with the following individual recommendations: Do pass (2): Mulder, Davies Do not pass (1): Kelly No recommendation (3): Martin, Moses, Davis Amend (1): Kohring The following fiscal note applies: Senate zero fiscal note, Dept. of Revenue, 1/28/98 CSSB 223(FIN) am was referred to the Rules Committee for placement on the calendar. **The presence of Representative Williams was noted. SB 236 The Finance Committee has considered: CS FOR SENATE BILL NO. 236(RES) "An Act extending the termination date of the Citizens' Advisory Commission on Federal Areas in Alaska; and providing for an effective date." The report was signed by Representative Mulder, Vice Chair, with the following individual recommendations: Do pass (7): Mulder, Martin, Kohring, Davies, Kelly, Moses, Davis The following fiscal note applies: Senate fiscal note, Dept. of Natural Resources, 3/10/98 CSSB 236(RES) was referred to the Rules Committee for placement on the calendar. 1998-05-08 House Journal Page 3644 SB 312 The Finance Committee has considered: SENATE BILL NO. 312 "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." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (6): Therriault, Martin, Kohring, Davies, Davis, Kelly No recommendation (3): Mulder, Grussendorf, Moses The following fiscal notes apply: Zero fiscal note, Dept. of Natural Resources, 5/8/98 Senate zero fiscal note, Dept. of Environmental Conservation, 4/8/98 SB 312 was referred to the Rules Committee for placement on the calendar. SB 319 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 319(RLS) "An Act relating to arbitration; amending Rules 57(a) and 77(g), Alaska Rules of Civil Procedure; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 319(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): James 1998-05-08 House Journal Page 3645 SB 319 No recommendation (3): Porter, Rokeberg, Green The following fiscal note applies to HCS CSSB 319(JUD): Senate zero fiscal note, Dept. of Law, 3/13/98 CSSB 319(RLS) was referred to the Rules Committee for placement on the calendar. SB 350 The Finance Committee has considered: CS FOR SENATE BILL NO. 350(FIN) "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 350(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (5): Therriault, Mulder, Davies, Davis, Kelly No recommendation (3): Martin, Grussendorf, Moses Amend (1): Kohring The following fiscal note applies to HCS CSSB 350(FIN): Fiscal note, Dept. of Commerce & Economic Development, 5/2/98 CSSB 350(FIN) was referred to the Rules Committee for placement on the calendar. 1998-05-08 House Journal Page 3646 SB 356 The Finance Committee has considered: SENATE BILL NO. 356 am "An Act relating to regulation of candidates for state office; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Mulder, Kohring, Kelly No recommendation (6): Therriault, Martin, Davies, Grussendorf, Moses, Davis The following fiscal note applies: Senate zero fiscal note, Legislative Affairs Agency, 4/27/98 SB 356 am was referred to the Rules Committee for placement on the calendar. SB 358 The Finance Committee has considered: SENATE BILL NO. 358 am "An Act relating to the disclosure of certain personnel records that include information about the use of public resources." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 358(FIN) (same title) The report was signed by Representative Mulder, Vice Chair, with the following individual recommendations: Do pass (4): Mulder, Martin, Kohring, Davis No recommendation (4): Therriault, Grussendorf, Moses, Kelly 1998-05-08 House Journal Page 3647 SB 358 Amend (1): Davies The following fiscal note applies to HCS SB 358(FIN): Senate zero fiscal note, Office of the Governor/All Depts., 4/30/98 SB 358 am was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alva and Axel Carlson, On Their Golden Wedding Anniversary By Representative Austerman; Senator Mackie Honoring - Sally and Pete Ramaglia, On Their Golden Wedding Anniversary By Representative Austerman; Senator Mackie Honoring - Robert Cooperrider, For Community Service By Representative Mulder Honoring - Officer Michael A. Brock, Life Saving Commendation By Representative Mulder Honoring - Trooper James Gallen, Jr., 1997 D Detachment Alaska State Trooper of the Year By Representative Nicholia; Senator Lincoln Honoring - Delta Junction Huskies Hockey Team, 1998 State Hockey Champions By Representative Kubina; Senator Lincoln Honoring - Jane Miller-Floyd By Senator Miller 1998-05-08 House Journal Page 3648 Honoring - Kirstin Sinnott By Senator Hoffman Honoring - Ruth "Wally" Richardson By Senator Hoffman In Memoriam - Josephine Ann Bradford By Representative Moses In Memoriam - Theda Comstock By Senator Donley CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 153 The following was read the second time: SENATE BILL NO. 153 "An Act relating to issuance of special license plates to commemorate the arts." with the: Journal Page TRA RPT 2DP 5NR 3012 FISCAL NOTE (ADM) 3012 FIN RPT HCS(FIN) NT 3DP 2DNP 1NR 3557 NEW TITLE AUTHORIZED BY HCR 36 3557 FISCAL NOTE (ADM) 4/16/98 3558 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. 153(FIN) "An Act relating to issuance of special license plates." There being no objection, it was so ordered. 1998-05-08 House Journal Page 3649 SB 153 Representative Porter moved and asked unanimous consent that HCS SB 153(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 153(FIN) was read the third time. The question being: "Shall HCS SB 153(FIN) pass the House?" The roll was taken with the following result: HCS SB 153(FIN) Third Reading Final Passage YEAS: 27 NAYS: 7 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Williams Nays: Barnes, Davis, Kohring, Martin, Ogan, Sanders, Vezey Absent: Hanley, Kelly, Kott, Kubina, Moses, Therriault And so, HCS SB 153(FIN) passed the House. Representative Green gave notice of reconsideration of his vote on HCS SB 153(FIN). SB 232 The following was read the second time: CS FOR SENATE BILL NO. 232(JUD) "An Act relating to electronic signatures, electronic records, requirements for records, and the reproduction of public records." with the: Journal Page JUD RPT 3DP 1NR 3559 SENATE ZERO FN (GOV/ALL DEPTS) 4/1/98 3559 1998-05-08 House Journal Page 3650 SB 232 Representative Porter moved and asked unanimous consent that CSSB 232(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 232(JUD) was read the third time. The question being: "Shall CSSB 232(JUD) pass the House?" The roll was taken with the following result: CSSB 232(JUD) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Kelly, Kott, Kubina, Moses, Therriault And so, CSSB 232(JUD) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 235 The following was read the second time: CS FOR SENATE BILL NO. 235(FIN) "An Act extending the termination date of the Board of Certified Real Estate Appraisers." with the: Journal Page L&C RPT 2DP 3NR 2940 SENATE ZERO FISCAL NOTE (DCED) 2/11/98 2940 FIN RPT 6DP 1NR 3497 SENATE ZERO FISCAL NOTE (DCED) 2/11/98 3498 1998-05-08 House Journal Page 3651 SB 235 Representative Porter moved and asked unanimous consent that CSSB 235(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 235(FIN) was read the third time. The question being: "Shall CSSB 235(FIN) pass the House?" The roll was taken with the following result: CSSB 235(FIN) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Barnes, Hanley, Kelly, Kott, Moses, Mulder, Therriault And so, CSSB 235(FIN) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 305 The following was read the second time: 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." with the: Journal Page L&C RPT 2DP 3NR 3468 2 SENATE ZERO FNS (ADM, LABOR) 3/12/98 3468 1998-05-08 House Journal Page 3652 SB 305 Representative Porter moved and asked unanimous consent that CSSB 305(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 305(L&C) was read the third time. Representative Rokeberg moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Rokeberg was required to vote. The question being: "Shall CSSB 305(L&C) pass the House?" The roll was taken with the following result: CSSB 305(L&C) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Barnes, Hanley, Kelly, Kott, Therriault And so, CSSB 305(L&C) passed the House. Representative Ryan gave notice of reconsideration of his vote on CSSB 305(L&C). SB 336 The following was read the second time: CS FOR SENATE BILL NO. 336(L&C) "An Act relating to excluding professional hockey team members from workers' compensation coverage." 1998-05-08 House Journal Page 3653 SB 336 with the: Journal Page L&C RPT 3DP 2NR 3469 SENATE ZERO FISCAL NOTE (LABOR) 3/23/98 3470 FIN RPT 3DP 5NR 3561 SENATE ZERO FISCAL NOTE (LABOR) 3/23/98 3562 Representative Porter moved and asked unanimous consent that CSSB 336(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSB 336(L&C) will be in third reading on tomorrow's calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 36 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 36 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 153, relating to special request motor vehicle license plates to commemorate the arts. The question being: "Shall HCR 36 pass the House?" The roll was taken with the following result: HCR 36 Second Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams 1998-05-08 House Journal Page 3654 HCR 36 Nays: Kohring, Martin, Ogan, Vezey Absent: Hanley, Kelly, Kott, Therriault And so, HCR 36 passed the House and was referred to the Chief Clerk for engrossment. **The presence of Representative Kelly was noted. 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 - Fletcher F. Miller, Master Beekeeper By Representatives Mulder, Barnes, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Masek, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Honoring - Dolly Sours By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Adams Honoring - Jesse Frankson By Representatives Joule, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Adams Honoring - Patuk Glenn and Mariam Sanchez, Eben Hopson Middle School By Representatives Joule, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, James, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Adams 1998-05-08 House Journal Page 3655 Honoring - Sharon Anderson By Senator Halford; Representatives Barnes, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Sidney John Hubley By Representatives Austerman, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Mackie In Memoriam - Lisa Ann Pikus By Representatives Austerman, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Mackie In Memoriam - Harry S. Aase By Representatives Elton, Hudson, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams; Senator Duncan In Memoriam - Dorothy Sugg By Representatives Vezey, Brice, Davies, Phillips, Berkowitz, Croft, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kelly, Kemplen, Kott, Kubina, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Joseph Francis Gallant, "An American Hero" By Representatives Mulder, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, James, Joule, Kelly, Kemplen, Kott, Kubina, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Glen C. Marden By Senators Green, Halford; Representatives Ogan, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, James, Joule, Kelly, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-08 House Journal Page 3656 CONCUR IN SENATE AMENDMENTS HB 353 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3641) on the following at this time: CS FOR HOUSE BILL NO. 353(HES) am "An Act relating to adoption by reference in regulations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 353(HES) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 353(HES) am, thus adopting SCS CSHB 353(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 353(HES) am?" The roll was taken with the following result: SCS CSHB 353(HES) Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Barnes, Hanley, Kott, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 353(HES). 1998-05-08 House Journal Page 3657 HB 353 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. SCS CSHB 353(HES) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SJR 42 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. Objection was heard. The question being: "Shall CSSJR 42(FIN) be withdrawn from committee?" The roll was taken with the following result: CSSJR 42(FIN) Withdraw from Committee YEAS: 1 NAYS: 34 EXCUSED: 0 ABSENT: 5 Yeas: Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Barnes, Hanley, Kelly, Kott, Therriault And so, the motion failed. 1998-05-08 House Journal Page 3658 SJR 42 CSSJR 42(FIN) is in the Rules Committee. HCR 13 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: HOUSE CONCURRENT RESOLUTION NO. 13 Relating to management of Alaska's wildlife resources. Representative Porter objected. The question being: "Shall HCR 13 be withdrawn from committee?" The roll was taken with the following result: HCR 13 Withdraw from Committee YEAS: 1 NAYS: 34 EXCUSED: 0 ABSENT: 5 Yeas: Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Barnes, Hanley, Kott, Moses, Therriault And so, the motion failed. HCR 13 is in the Rules Committee. SPECIAL ORDER OF BUSINESS Representative Porter moved and asked unanimous consent that the citation, Honoring - Lucy Merrill, be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. 1998-05-08 House Journal Page 3659 Representative Porter moved and asked unanimous consent that all members of the House be shown as cosponsors of the citation. There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Lucy Merrill By Representatives Barnes, Phillips, 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, Masek, Moses, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams ANNOUNCEMENTS Joint Session Governor's Vetoes 1:00 p.m., 5/8 Representative Porter moved and asked unanimous consent that the House recess until 1:00 p.m. There being no objection, the House recessed at 11:18 a.m. AFTER RECESS The Speaker called the House back to order at 1:14 p.m. **The presence of Representatives Hanley, Kott and Therriault was noted. JOINT SESSION IN THE HOUSE In accordance with the Uniform Rules, Speaker Phillips turned the gavel over to President Miller who called the joint session to order at 1:15 p.m. The purpose of the joint session was to consider the Governors veto on the following bill: 1998-05-08 House Journal Page 3660 SB 307 U.S. SENATE VACANCIES A roll call of the Senate showed 20 members present. A roll call of the House showed 40 members present. SB 307 Senator Taylor moved that: HOUSE CS FOR SENATE BILL NO. 307(RLS) am H "An Act relating to conditions for filling vacancies in the office of United States senator; and providing for an effective date." become law notwithstanding the Governor's veto. The question being: "Shall HCS SB 307(RLS) am H become law notwithstanding the Governor's veto?" The roll of the House was taken with the following result: HCS SB 307(RLS) am H Override Veto HOUSE YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Brice, Croft, Davies, Elton, Foster, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia The roll of the Senate was called with the following result: HCS SB 307(RLS) am H Override Veto SENATE YEAS: 15 NAYS: 5 EXCUSED: 0 ABSENT: 0 1998-05-08 House Journal Page 3661 SB 307 Yeas: Green, Halford, Kelly, Leman, Mackie, Parnell, Pearce, Phillips, Sharp, Taylor, Torgerson, Ward, Wilken, Donley, Miller Nays: Duncan, Ellis, Hoffman, Lincoln, Adams TOTAL: YEAS: 42 NAYS: 18 EXCUSED: 0 ABSENT: 0 And so, the Governor's veto of HCS SB 307(RLS) am H was overridden and the engrossed and enrolled copies were returned to the Office of the Governor. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Miller adjourned the joint session at 1:19 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 1:21 p.m. UNFINISHED BUSINESS SB 232 Representative Kemplen added his name as cross sponsor to: CS FOR SENATE BILL NO. 232(JUD) "An Act relating to electronic signatures, electronic records, requirements for records, and the reproduction of public records." ENGROSSMENT HCR 36 HCR 36 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-05-08 House Journal Page 3662 HB 344 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: CS FOR HOUSE BILL NO. 344(FIN) am "An Act relating to paternity establishment and to support orders; relating to the crime of criminal nonsupport; relating to divorces, dissolutions, and actions to declare a marriage void; and providing for an effective date." SB 234 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. 234(JUD) "An Act extending the termination date of the Board of Governors of the Alaska Bar Association." ENROLLMENT HB 261 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 9:30 a.m., May 8, 1998: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 2:30 p.m., 5/8 Minority Caucus 2:30 p.m., 5/8 1998-05-08 House Journal Page 3663 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until noon, May 9, 1998. There being no objection, the House adjourned at 1:22 p.m. Suzi Lowell Chief Clerk