Legislature(1997 - 1998)
1998-05-09 House Journal
Full Journal pdf1998-05-09 House Journal Page 3665 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Saturday May 9, 1998 One Hundred Eighteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 12:32 p.m. Roll call showed 37 members present. Representatives Hanley, Kohring and Ogan were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Kubina. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear God, In Your wisdom, I would ask you to speak to the hearts of all before you today, both here on the floor of the Alaska State House of Representatives, and across this great state, reminding us that we should govern with tolerance, judge with compassion, and live with acceptance. For we are, regardless of gender or race, or other differences, all children within the same family under one, truly benevolent God. In closing, I would ask that we begin this day of decisions remembering a great and all encompassing truth: do unto others as you would have them do unto you. Amen." The Pledge of Allegiance was led by Representative Mulder. 1998-05-09 House Journal Page 3666 CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 117th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 51 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO.51(RES) Relating to support for H.R. 2924, which allows certain Alaska Native Vietnam era veterans and the Elim Native Corporation to select land under the Alaska Native Claims Settlement Act. Legislative Resolve No. 61 HJR 52 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 52(RES) Relating to opposition to the designation of any rivers in Alaska as American Heritage Rivers under the American Heritage Rivers initiative. Legislative Resolve No. 62 HJR 53 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 1998-05-09 House Journal Page 3667 HJR 53 HOUSE JOINT RESOLUTION NO. 53 am S Relating to support for federal legislation providing for the continuation of the University of Alaska by the conveyance of federal land to the university. Legislative Resolve No. 65 SCR 14 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HCS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 14(RLS) am H Establishing the Alaska Task Force on Parity for Mental Health. Legislative Resolve No. 63 SCR 20 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 20 Relating to support of the State of Alaska's areawide leasing program. Legislative Resolve No. 60 SCR 22 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE CONCURRENT RESOLUTION NO. 22(STA) Relating to promotion of Kids Voting Alaska programs. Legislative Resolve No. 67 1998-05-09 House Journal Page 3668 SCR 23 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 23 am Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 2, relating to the permanent fund dividend program. Legislative Resolve No. 64 SJR 3 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.3(FIN) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States. Legislative Resolve No. 59 SJR 38 A message dated May 8, 1998, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 38(WTR) Relating to the bombardment of the village of Angoon. Legislative Resolve No. 66 SB 307 A letter dated May 8, 1998, was received from Pat Pourchot, Legislative Director, Office of the Governor, stating pursuant to the veto override of the following: 1998-05-09 House Journal Page 3669 SB 307 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." Chapter No. 30, SLA 1998 Effective Date: May 9, 1998 MESSAGES FROM THE SENATE A message dated May 8, 1998, was received stating the Senate accepted the invitation to meet in joint session at 1:00 p.m., May 8, 1998, to consider the Governor's vetoes. HCR 34 A message dated May 9, 1998, was read stating the Senate has passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 34(L&C) am Establishing a Joint Committee on Electric Utility Restructuring. CSHCR 34(L&C) am was referred to the Chief Clerk for enrollment. HB 206 A message dated May 8, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 206(FIN) am "An Act relating to credit under the Public Employees' Retirement System for service as a village public safety officer." CSHB 206(FIN) am was referred to the Chief Clerk for enrollment. HB 313 A message dated May 9, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 313(FIN) "An Act relating to preventive maintenance programs required for certain state grants; and providing for an effective date." 1998-05-09 House Journal Page 3670 HB 313 CSHB 313(FIN) was referred to the Chief Clerk for enrollment. HB 335 A message dated May 8, 1998, was read stating the Senate has passed: HOUSE BILL NO. 335 "An Act replacing the Uniform Child Custody Jurisdiction Act with the Uniform Child Custody Jurisdiction and Enforcement Act; and amending Rules 4 and 62, Alaska Rules of Civil Procedure, and Rule 205, Alaska Rules of Appellate Procedure." HB 335 was referred to the Chief Clerk for enrollment. HB 411 A message dated May 8, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 411(FIN) "An Act relating to issuance of a winery license in a local option area." CSHB 411(FIN) was referred to the Chief Clerk for enrollment. HB 464 A message dated May 8, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 464(STA) "An Act authorizing state veterans' home facilities to provide nursing home care with related medical services." CSHB 464(STA) was referred to the Chief Clerk for enrollment. SB 250 A message dated May 8, 1998, was read stating the Senate has concurred in the House amendment to CSSB 250(FIN) am, thus adopting: 1998-05-09 House Journal Page 3671 SB 250 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." SB 285 A message dated May 8, 1998, was read stating the Senate has concurred in the House amendment to SB 285, thus adopting: HOUSE CS FOR SENATE BILL NO. 285(FIN) am H "An Act relating to state procurement practices." SB 330 A message dated May 8, 1998, was read stating the Senate has concurred in the House amendment to CSSB 330(RES), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 330(RES) am H "An Act relating to locations of underground facilities and excavations in the area of underground facilities." SB 331 A message dated May 8, 1998, was read stating the Senate has concurred in the House amendment to CSSB 331(FIN), thus adopting: HOUSE CS FOR 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." SB 334 A message dated May 8, 1998, was read stating the Senate has concurred in the House amendment to CSSB 334(FIN), thus adopting: 1998-05-09 House Journal Page 3672 SB 334 HOUSE CS FOR CS FOR SENATE BILL NO. 334(FIN) am H "An Act relating to guidelines and standards for state training 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." HB 16 A message dated May 8, 1998, was read stating the Senate has passed CSHB 16(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 16(FIN) "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; providing for the dual sentencing of minors who commit certain felony offenses; relating to violations of municipal ordinances by minors and to civil penalties for violation of municipal ordinances by minors; relating to semi-secure residential child care facilities and secure residential psychiatric treatment centers; relating to programs and shelters for runaways; relating to placement of children in need of aid and delinquent minors in secure residential psychiatric treatment centers; amending the Interstate Compact on Juveniles to which the state is a party; allowing use of hearsay evidence at temporary detention hearings in juvenile delinquency proceedings; and amending Rules 3, 10(c), 21, and 27 and repealing Rules 6 and 7, Alaska Delinquency Rules; and providing for an effective date." CSHB 16(FIN) is under Unfinished Business. HB 189 A message dated May 8, 1998, was read stating the Senate has passed CSSSHB 189(JUD) am with the following amendment and it is transmitted for consideration: 1998-05-09 House Journal Page 3673 HB 189 SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.189(HES) "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." CSSSHB 189(JUD) am is under Unfinished Business. HB 349 A message dated May 8, 1998, was read stating the Senate has passed CSSSHB 349(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 349(FIN) "An Act prohibiting the use of the title 'social worker' without a license; relating to social workers, licensure of social workers, and the Board of Clinical Social Work Examiners; and providing for an effective date." CSSSHB 349(FIN) is under Unfinished Business. HB 458 A message dated May 8, 1998, was read stating the Senate has passed CSHB 458(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 458(RLS) "An Act relating to establishing a golf course alcoholic beverage license to allow sales of beer and wine; extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." CSHB 458(RLS) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 8, 1998, was read stating the Senate has passed the following, and they are transmitted for consideration: 1998-05-09 House Journal Page 3674 SB 28 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 28(CRA)(efd am) by the Senate Community & Regional Affairs Committee, entitled: "An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 314 CS FOR SENATE BILL NO. 314(FIN) by the Senate Finance Committee, entitled: "An Act relating to the Alaska marine highway system and to municipal feeder vessel authorities and port authorities." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 490 The Rules 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(RLS) "An Act relating to insurance premium taxes and to insurance taxes, licenses, or fees imposed on certain health care insurance; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Kott, Phillips, Porter, Williams 1998-05-09 House Journal Page 3675 HB 490 No recommendation (2): Nicholia, Elton The following fiscal note applies to CSHB 490(RLS): Fiscal note, Dept. of Commerce & Economic Development, 5/9/98 HB 490 was referred to the Rules Committee for placement on the calendar. **The presence of Representatives Kohring and Ogan was noted. SB 11 The Finance Committee has considered: CS FOR SENATE BILL NO. 11(FIN)(title am) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school construction; relating to administrative costs of reimbursing municipal school construction debt; relating to municipal school construction project eligibility requirements for receiving state reimbursement; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (8): Therriault, Mulder, Davies, Grussendorf, Moses, Davis, Kelly, Kohring No recommendation (1): Martin The following fiscal note applies to HCS CSSB 11(FIN): Fiscal note, Dept. of Education, 5/9/98 1998-05-09 House Journal Page 3676 SB 11 CSSB 11(FIN)(title am) was referred to the Rules Committee for placement on the calendar. SB 17 The Judiciary Committee has considered: SENATE BILL NO. 17 "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (3): Porter, Green, James The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 4/15/98 Zero fiscal note, Dept. of Law, 4/15/98 Zero fiscal note, Dept. of Public Safety, 4/15/98 SB 17 was referred to the Finance Committee. Representative Therriault, Co-chair, moved and asked unanimous consent that the Finance Committee referral be waived for SB 17. Representative Kubina objected and withdrew the objection. There being no further objection, the Speaker waived the Finance Committee referral. SB 17 was removed from the Finance Committee and is on today's calendar. SB 216 The Judiciary Committee has considered: 1998-05-09 House Journal Page 3677 SB 216 CS FOR SENATE BILL NO. 216(JUD) "An Act providing for the civil commitment of sexually violent predators." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 216(JUD) (same title) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (1): Green No recommendation (3): Rokeberg, Bunde, James The following fiscal notes apply to HCS CSSB 216(JUD): Senate fiscal note, Dept. of Administration, 4/23/98 Senate fiscal note, Dept. of Law, 4/23/98 Senate fiscal note, Dept. of Administration, 4/22/98 Senate fiscal note, Dept. of Corrections, 4/22/98 Senate fiscal note, Dept. of Health & Social Services, 4/22/98 Senate fiscal note, Alaska Court System, 4/22/98 CSSB 216(JUD) was referred to the Finance Committee. SB 259 The Rules Committee has considered: CS FOR SENATE BILL NO. 259(TRA) am "An Act relating to the membership of a metropolitan highway planning organization." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 259(RLS) (same title) 1998-05-09 House Journal Page 3678 SB 259 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, Phillips No recommendation (3): Porter, Williams, Elton The following fiscal note applies to HCS CSSB 259(RLS): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 2/20/98 CSSB 259(TRA) am was referred to the Rules Committee for placement on the calendar. SB 274 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 274(FIN) am "An Act relating to fees for probation and parole; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; and relating to notice requirements relating to appropriations from the permanent fund dividend fund to the office of victims' rights." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 274(JUD) "An Act relating to fees for probation and parole; and relating to notice requirements relating to appropriations from the permanent fund dividend fund to the office of victims' rights." (New title to be authorized by HCR 37.) The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (2): Porter, Green 1998-05-09 House Journal Page 3679 SB 274 No recommendation (2): Bunde, James The following fiscal notes apply to HCS CSSB 274(JUD): Senate fiscal note, Dept. of Corrections, 4/22/98 Senate indeterminate fiscal note, Dept. of Administration, 2/19/98 CSSB 274(FIN) am was referred to the Finance Committee. SB 297 The Finance Committee has considered: CS FOR SENATE BILL NO. 297(2d RLS) "An Act relating to breast-feeding." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (4): Kohring, Grussendorf, Moses, Davies No recommendation (4): Therriault, Mulder, Kelly, Davies The following fiscal note applies: Senate zero fiscal note, Dept. of Law, 4/2/98 CSSB 297(2d RLS) 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 - The United Methodist Church and the Jesse Lee Home of Unalaska By Representative Moses 1998-05-09 House Journal Page 3680 Honoring - John Baker By Representative Joule; Senator Adams Honoring - Ruby Lenore Riddle, Official Hostess of the City of Fairbanks By Senators Pearce, Sharp, Wilken Honoring - Bill and Jean Overstreet, 50th Wedding Anniversary By Senators Pearce, Duncan; Representatives Hudson, Elton Honoring - Sy Bulaong, Junior ROTC Unarmed Exhibition Drill Team, West High School By Senator Taylor Honoring - Junior ROTC Unarmed Exhibition Drill Team, West High School By Senator Taylor In Memoriam - Hans Jemewouk By Representative Foster In Memoriam - Terry Alefantinos By Representative Kohring In Memoriam - Gerald F. Freese By Representative Kelly In Memoriam - Cassandra Rae Goard By Representative Cowdery In Memoriam - Mark F. Slimmen By Representative Kelly In Memoriam - Michael Snigaroff By Representative Moses In Memoriam - Sara Sears By Representative Vezey In Memoriam - Dr. Richard E. Studer By Senators Green, Halford; Representatives Ogan, Masek 1998-05-09 House Journal Page 3681 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 37 HOUSE CONCURRENT RESOLUTION NO. 37 by the House Judiciary Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 274, relating to probation and parole fees; relating to eligibility for a permanent fund dividend for persons convicted of certain offenses; and to notice requirements relating to appropriations from the permanent fund dividend fund to the office of victims' rights. was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 17 The following was read the second time: SENATE BILL NO. 17 "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." with the: Journal Page HES RPT 2DP 1DNP 2NR 2980 3 ZERO FISCAL NOTES (ADM, LAW, DPS) 2980 JUD RPT 1DP 3NR 3676 3 ZERO FNS (ADM, LAW, DPS) 4/15/98 3676 Amendment No. 1 was offered by Representative Croft: Page 1, line 9 and page 2, line 3: Delete "intimate contact" Insert "sexual penetration" 1998-05-09 House Journal Page 3682 SB 17 Page 2, lines 11 - 13: Delete all material. Renumber the following subsection accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. Representative Berkowitz placed a call of the House. Representative Croft moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. New Amendment No. 1 was offered by Representative Croft: Page 2, line 13: Delete "could" Insert "is substantially likely to" Representative Croft moved and asked unanimous consent that New Amendment No. 1 be adopted. Representative Berkowitz lifted the call. There being no objection, New Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Croft: Page 2, line 2: Delete "an affirmative" Insert "a" Representative Croft moved and asked unanimous consent that Amendment No. 2 be adopted. 1998-05-09 House Journal Page 3683 SB 17 Representative Porter objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 22 EXCUSED: 0 ABSENT: 6 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Nicholia, Phillips Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Ivan, James, Kelly, Kohring, Kott, Mulder, Ogan, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Kubina, Martin, Masek, Moses, Therriault And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 1, line 10, following "semen,": Insert "ovum" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 3 YEAS: 19 NAYS: 16 EXCUSED: 0 ABSENT: 5 1998-05-09 House Journal Page 3684 SB 17 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Dyson, Elton, Green, Grussendorf, Hudson, Joule, Kemplen, Kohring, Kookesh, Kubina, Nicholia, Ogan, Phillips, Vezey Nays: Austerman, Barnes, Cowdery, Davis, Foster, Hodgins, Ivan, James, Kelly, Kott, Mulder, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Hanley, Martin, Masek, Moses, Therriault And so, Amendment No. 3 was adopted. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Davies: Page 1, line 9 and page 2, line 11: Delete "intimate" Insert "sexual" Page 2, line 11, following "any": Insert "sexual" Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Amendment to Amendment No. 5 was offered by Representative Davies: Delete all material. Insert the following: Page 2, line 11, following "any": Insert "sexual" Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 5 be adopted. There being no objection, it was so ordered. 1998-05-09 House Journal Page 3685 SB 17 Representative Porter placed a call of the House on the bill. The Speaker invoked Mason's Manual, Section 101. **The presence of Representative Hanley was noted. The call was satisfied. The question being: "Shall Amendment No. 5, as amended, be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 5, as amended YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Green, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 5, as amended, was not adopted. Amendment No. 6 was offered by Representative Brice: Page 1, line 13: Delete "dispenses, delivers, exchanges, sells, or in any manner" Insert "who illegally" Representative Brice moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. 1998-05-09 House Journal Page 3686 SB 17 Representative Brice moved and asked unanimous consent to withdraw Amendment No. 6. There being no objection, it was so ordered. New Amendment No. 6 was offered by Representative Porter: Page 1, line 13, following "(3)": Insert "except for recognized needle exchange programs," Representative Porter moved and asked unanimous consent that New Amendment No. 6 be adopted. Representative Ryan objected and withdrew the objection. There being no further objection, New Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Croft: Page 1, lines 1- 2: (title amendment) Delete "human immunodeficiency virus (HIV)" Insert "a deadly disease" Page 1, line 6: Delete "HIV Insert "a Deadly Disease" Page 1, line 7: Delete "human immunodeficiency virus (HIV)" Insert "a deadly disease" Page 1, line 8 Delete "HIV" Insert "a deadly disease" Page 2, line 9: Delete ""HIV" means" Insert ""a deadly disease" means any disease that has similar contagious and mortality characteristics to" Representative Croft moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Porter objected. 1998-05-09 House Journal Page 3687 SB 17 The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 7 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Berkowitz: Page 1, line 9, following "voluntarily": Insert "and intentionally" Representative Berkowitz moved and asked unanimous consent that Amendment No. 8 be adopted. Objection was heard. Representative Berkowitz moved and asked unanimous consent to withdraw Amendment No. 8. There being no objection, it was so ordered. Amendment No. 9 was not offered. Amendment No. 10 was offered by Representative Berkowitz: Page 2, following line 17: Insert a new subsection to read: 1998-05-09 House Journal Page 3688 SB 17 "(e) No disclosure, nor any evidence derived from a disclosure, may be used in a prosecution under this section if a person infected with HIV discloses to the Division of Public Health, or a similar municipal or federal agency, the names of past and present sexual partners or the names of persons to whom the defendant has transferred previously used intravenous or intermuscular drug paraphernalia." Representative Berkowitz moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Ryan objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 10 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Grussendorf, Hudson, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Croft: Page 1, line 14, following "paraphernalia": Insert "containing the HIV virus" Representative Croft moved and asked unanimous consent that Amendment No. 11 be adopted. 1998-05-09 House Journal Page 3689 SB 17 Representative Porter objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: SB 17 am H Second Reading Amendment No. 11 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Brice, Croft, Davies, Davis, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Croft: Page 1, line 14, following "paraphernalia": Insert "in a manner that is substantially likely to result in the transmission of HIV" Representative Croft moved and asked unanimous consent that Amendment No. 12 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 12 was adopted. Amendment No. 13 was not offered. Representative Porter lifted the call. Representative Porter moved and asked unanimous consent that SB 17 am H be considered engrossed, advanced to third reading and placed on final passage. 1998-05-09 House Journal Page 3690 SB 17 Objection was heard. The Speaker stated that SB 17 am H will be in third reading on tomorrow's calendar. SB 158 The following was read the second time: CS FOR SENATE BILL NO. 158(L&C) "An Act relating to motor vehicle liability insurance covering a person who has had the person's driver's license revoked for possession or consumption of alcohol while under 21 years of age." with the: Journal Page L&C RPT HCS(L&C) 4DP 1NR 2885 2 SENATE ZERO FNS (ADM, DCED) 2/20/98 2886 JUD RPT HCS(L&C) 1DP 3NR 3606 2 SENATE ZERO FNS (ADM, DCED) 2/20/98 3607 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. 158(L&C) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 1, line 14, following "apply to" Delete "administrative" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. 1998-05-09 House Journal Page 3691 SB 158 Amendment No. 2 was offered by Representative Berkowitz: Page 2, line 11, following "elements.": Insert "The provisions of this section do not apply if the person is concurrently convicted of a crime against person or property as described in AS 11." Representative Barnes objected. The question being: "Shall Amendment No. 2 be adopted." The roll was taken with the following result: HCS CSSB 158(L&C) am H Second Reading Amendment No. 2 YEAS: 11 NAYS: 26 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Cowdery, Davies, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Absent: Bunde, Hanley, Williams And so, Amendment No. 2 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 158(L&C) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 158(L&C) am H will be in third reading on tomorrow's calendar. SB 160 The following was read the second time: 1998-05-09 House Journal Page 3692 SB 160 CS FOR SENATE BILL NO. 160(L&C) "An Act relating to radiological equipment used in the practice of dentistry." with the: Journal Page JUD REFERRAL WAIVED 3540 FIN RPT HCS(FIN) 1DP 3DNP 5NR 3641 SENATE FISCAL NOTE (DCED) 4/3/98 3642 SENATE ZERO FISCAL NOTE (DHSS) 4/14/98 3642 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. 160(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 1, line 12 through page 2, line 3: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. Representative Berkowitz placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1998-05-09 House Journal Page 3693 SB 160 HCS CSSB 160(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Berkowitz: Page 3, lines 4 - 13: Delete all material. Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kelly objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 160(FIN) Second Reading Amendment No. 2 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia 1998-05-09 House Journal Page 3694 SB 160 Nays: Austerman, Barnes, Brice, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 2, lines 28 - 30: Delete all material. Reletter the following subsection accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kelly objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was not offered. Representative Porter moved and asked unanimous consent that HCS CSSB 160(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 160(FIN) am H will be in third reading on tomorrow's calendar. SB 236 The following was read the second time: 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." 1998-05-09 House Journal Page 3695 SB 236 with the: Journal Page RES RPT 5DP 3NR 2981 SENATE FISCAL NOTE (DNR) 3/10/98 2982 FIN RPT 7DP 3643 SENATE FISCAL NOTE (DNR) 3/10/98 3643 Amendment No. 1 was not offered. The Speaker stated that the House would stand at ease until 5:00 p.m.; and so, the House stood at ease at 3:56 p.m. AFTER AT EASE The Speaker called the House back to order at 5:25 p.m. A second quorum call showed 34 members present. SECOND READING OF SENATE BILLS (Continued) SB 236 Amendment Nos. 2 through 4 were not offered. Representative Porter moved and asked unanimous consent that CSSB 236(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 236(RES) was read the third time. The question being: "Shall CSSB 236(RES) pass the House?" The roll was taken with the following result: CSSB 236(RES) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 1998-05-09 House Journal Page 3696 SB 236 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Hanley, Kohring, Therriault, Vezey And so, CSSB 236(RES) 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. CSSB 236(RES) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 304 The following was read the second time: CS FOR SENATE BILL NO. 304(RLS) "An Act relating to the bail or fine for an offense committed in a highway work zone; and providing for an effective date." with the: Journal Page TRA RPT 7DP 3013 SENATE ZERO FISCAL NOTE (DOT) 3/20/98 3013 JUD RPT 6DP 1NR 3498 SENATE ZERO FISCAL NOTE (DOT) 3/20/98 3498 Representative Porter moved and asked unanimous consent that CSSB 304(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 304(RLS) was read the third time. The question being: "Shall CSSB 304(RLS) pass the House?" The roll was taken with the following result: 1998-05-09 House Journal Page 3697 SB 304 CSSB 304(RLS) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Absent: Hanley, Kohring, Therriault, Vezey And so, CSSB 304(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. CSSB 304(RLS) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 312 The following was read the second time: 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." with the: Journal Page FIN RPT 6DP 3NR 3644 ZERO FISCAL NOTE (DNR) 3644 SENATE ZERO FISCAL NOTE (DEC) 4/8/98 3644 Amendment No. 1 was not offered. 1998-05-09 House Journal Page 3698 SB 312 Representative Porter moved and asked unanimous consent that SB 312 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 312 was read the third time. The question being: "Shall SB 312 pass the House?" The roll was taken with the following result: SB 312 Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Kohring, Ogan Absent: Hanley, Ivan, Therriault, Vezey And so, SB 312 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 Elton gave notice of reconsideration of his vote on SB 312. SB 323 The following was read the second time: CS FOR SENATE BILL NO. 323(FIN) am "An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date." 1998-05-09 House Journal Page 3699 SB 323 with the: Journal Page JUD RPT 4DP 1NR 1AM 3362 SENATE FISCAL NOTE (COR) 3/12/98 3363 INDETERMINATE SENATE FN (ADM) 3/12/98 3363 FIN RPT HCS(FIN) 6DP 3607 FISCAL NOTE (COR) 3607 INDETERMINATE SENATE FN (ADM) 3/12/98 3607 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. 323(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 1, lines 5 - 13: Delete all material and insert: "* Section 1. AS 09.10 is amended by adding a new section to read: Sec. 09.10.019. Action for child sexual abuse may be brought at any time. A person who was the victim of sexual abuse committed against the victim before the victim reached the age of 18 may bring an action against the perpetrator of the act or acts of sexual abuse based upon the perpetrator's intentional conduct for an injury or condition suffered as a result of the sexual abuse at any time. In this subsection, "sexual abuse" means an act committed by the defendant against the plaintiff maintaining the cause of action if the defendant's conduct would have violated a provision of AS 11.41.410 - 11.41.440 or 11.41.450 - 11.41.458 at the time it was committed." Page 8, following line 10: Insert a new bill section to read: "*Sec. 21. AS.09.10.060(c) and 09.10.140(b) are repealed." 1998-05-09 House Journal Page 3700 SB 323 Renumber the following bill sections accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 323(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 25 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Ogan, Therriault And so, Amendment No. 1 was not adopted. Representative Porter moved and asked unanimous consent that HCS CSSB 323(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 323(FIN) was read the third time. The question being: "Shall HCS CSSB 323(FIN) pass the House?" The roll was taken with the following result: 1998-05-09 House Journal Page 3701 SB 323 HCS CSSB 323(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Therriault And so, HCS CSSB 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 court rule change. There being no objection, it was so ordered. 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 CSSB 323(FIN) was referred to the Chief Clerk for engrossment. SB 329 The following was read the second time: CS FOR SENATE BILL NO. 329(JUD) am "An Act relating to the regulation authority, exemptions, and definitions of the Alaska Business License Act." with the: Journal Page JUD RPT HCS(JUD) 5DP 3561 SENATE ZERO FISCAL NOTE (DCED) 3/18/98 3561 1998-05-09 House Journal Page 3702 SB 329 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. 329(JUD) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSB 329(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 329(JUD) was read the third time. The question being: "Shall HCS CSSB 329(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 329(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Therriault And so, HCS CSSB 329(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 336 The following, which was advanced to third reading from the May 8, 1998 calendar (page 3653), was read the third time: 1998-05-09 House Journal Page 3703 SB 336 CS FOR SENATE BILL NO. 336(L&C) "An Act relating to excluding professional hockey team members from workers' compensation coverage." The question being: "Shall CSSB 336(L&C) pass the House?" The roll was taken with the following result: CSSB 336(L&C) Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Bunde, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Nays: Brice, Croft, Davies, Elton, Martin Absent: Hanley, Kelly, Therriault Nicholia changed from "Nay" to "Yea". Kookesh changed from "Nay" to "Yea". And so, CSSB 336(L&C) passed the House. Representative Brice gave notice of reconsideration of his vote on CSSB 336(L&C). SECOND READING OF SENATE RESOLUTIONS SJR 35 The Speaker stated that, without objection, the following would be returned to the Rules Committee: CS FOR SENATE JOINT RESOLUTION NO. 35(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion. 1998-05-09 House Journal Page 3704 SJR 42 The Speaker stated that, without objection, the following would be returned to the Rules Committee: CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. 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 - Alva and Axel Carlson, On Their Golden Wedding Anniversary By Representatives Austerman, Phillips, Berkowitz, Brice, Bunde, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kohring, Kott, Kubina, Martin, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Mackie Honoring - Sally and Pete Ramaglia, On Their Golden Wedding Anniversary By Representatives Austerman, Phillips, Berkowitz, Brice, Bunde, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kohring, Kott, Kubina, Martin, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Mackie Honoring - Robert Cooperrider, For Community Service By Representatives Mulder, Phillips, Berkowitz, Brice, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Officer Michael A. Brock, Life Saving Commendation By Representatives Mulder, Phillips, Berkowitz, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams 1998-05-09 House Journal Page 3705 Honoring - Trooper James Gallen, Jr., 1997 D Detachment Alaska State Trooper of the Year By Representatives Nicholia, Phillips, Austerman, Berkowitz, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Martin, Mulder, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Lincoln Honoring - Delta Junction Huskies Hockey Team, 1998 State Hockey Champions By Representatives Kubina, Austerman, Berkowitz, Brice, Davies, Davis, Elton, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kott, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams; Senator Lincoln Honoring - Jane Miller-Floyd By Senator Miller; Representatives Phillips, Berkowitz, Brice, Davies, Davis, Elton, Grussendorf, Ivan, James, Joule, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Kirstin Sinnott By Senator Hoffman; Representatives Phillips, Berkowitz, Brice, Davies, Davis, Elton, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams Honoring - Ruth "Wally" Richardson By Senator Hoffman; Representatives Phillips, Berkowitz, Brice, Davies, Davis, Elton, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - Josephine Ann Bradford By Representatives Moses, Phillips, Berkowitz, Brice, Davies, Davis, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kemplen, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams In Memoriam - Theda Comstock By Senator Donley; Representatives Phillips, Berkowitz, Brice, Bunde, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hudson, Ivan, James, Joule, Kohring, Kott, Kubina, Martin, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Williams 1998-05-09 House Journal Page 3706 CONCUR IN SENATE AMENDMENTS HB 189 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3672) on the following at this time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 189(JUD) am "An Act relating to sale, gift, exchange, or distribution of tobacco and tobacco products." and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 189(HES) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSSSHB 189(JUD) am, thus adopting SCS CSSSHB 189(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSSSHB 189(JUD) am?" The roll was taken with the following result: SCS CSSSHB 189(HES) Concur YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 189(HES). 1998-05-09 House Journal Page 3707 HB 189 The Chief Clerk was instructed to so notify the Senate. SCS CSSSHB 189(HES) was referred to the Chief Clerk for enrollment. HB 16 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3672) on the following at this time: CS FOR HOUSE BILL NO. 16(FIN) "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; providing for the dual sentencing of minors who commit certain felony offenses; relating to violations of municipal ordinances by minors and to civil penalties for violation of municipal ordinances by minors; relating to semi-secure residential child care facilities and secure residential psychiatric treatment centers; relating to programs and shelters for runaways; relating to placement of children in need of aid and delinquent minors in secure residential psychiatric treatment centers; amending the Interstate Compact on Juveniles to which the state is a party; allowing use of hearsay evidence at temporary detention hearings in juvenile delinquency proceedings; and amending Rules 3, 10(c), 21, and 27 and repealing Rules 6 and 7, Alaska Delinquency Rules; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 16(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 16(FIN), thus adopting SCS CSHB 16(FIN), and recommended that the members vote yes. 1998-05-09 House Journal Page 3708 HB 16 The question being: "Shall the House concur in the Senate amendment to CSHB 16(FIN)?" The roll was taken with the following result: SCS CSHB 16(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Hanley, Ivan, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 16(FIN). 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. 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 16(FIN) was referred to the Chief Clerk for enrollment. HB 349 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3673) on the following at this time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 349(FIN) "An Act prohibiting the use of the title 'social worker' without a license; relating to social workers, licensure of social workers, and the Board of Clinical Social Work Examiners; and providing for an effective date." 1998-05-09 House Journal Page 3709 HB 349 and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 349(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSSSHB 349(FIN), thus adopting SCS CSSSHB 349(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSSSHB 349(FIN)?" The roll was taken with the following result: SCS CSSSHB 349(FIN) Concur YEAS: 33 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Dyson, Kohring, Martin, Ogan, Vezey Absent: Hanley, Therriault Dyson changed from "Yea" to "Nay". And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 349(FIN). 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 CSSSHB 349(FIN) was referred to the Chief Clerk for enrollment. 1998-05-09 House Journal Page 3710 HB 458 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3673) on the following at this time: CS FOR HOUSE BILL NO. 458(RLS) "An Act relating to establishing a golf course alcoholic beverage license to allow sales of beer and wine; extending the termination date of the Alcoholic Beverage Control Board; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 458(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 458(RLS), thus adopting SCS CSHB 458(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 458(RLS)?" The roll was taken with the following result: SCS CSHB 458(RLS) Concur YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Kelly, Masek, Moses, Mulder, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey Nays: Berkowitz, Brice, Croft, Davies, Elton, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Nicholia, Ogan, Williams Absent: Hanley And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 458(RLS). 1998-05-09 House Journal Page 3711 HB 458 Representative Porter moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SCS CSHB 458(RLS) Concur Effective Date YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Martin, Ogan Absent: Hanley And so, the effective date clause was adopted. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 458(RLS) was referred to the Chief Clerk for enrollment. RECONSIDERATION SB 153 Representative Green brought up reconsideration of the vote on HCS SB 153(FIN) (page 3649). The following was again before the House in third reading: HOUSE CS FOR SENATE BILL NO. 153(FIN) "An Act relating to issuance of special license plates." Representative Green moved and asked unanimous consent that HCS SB 153(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 1998-05-09 House Journal Page 3712 SB 153 Amendment No. 1 was offered by Representative Green: Page 1, following line 2: Insert a new bill section to read: "* Section 1. AS 28.10.181(h) is amended to read: (h) Vehicles owned by ranchers, farmers, and dairymen. A vehicle not exceeding an unladen total gross weight of 16,000 pounds, owned by a person deriving the person's primary source of income ¦LIVELIHOODá from the operation of a ranch, farm, or dairy where the person resides full-time, and that ¦WHICH VEHICLEá is used exclusively to transport the person's own ranch, farm, or dairy products to and from the market or to transport supplies, commodities, or equipment to be used on the person's ranch, farm, or dairy, may be registered under this subsection and may be issued registration plates of a distinctive design or system of numbering. In this subsection, "person" has the meaning given in AS 01.10.060." Page 1, line 3: Delete "Section 1." Insert "Sec. 2." Renumber the following bill sections accordingly. Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall HCS SB 153(FIN) am H pass the House?" The roll was taken with the following result: HCS SB 153(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 4 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Williams 1998-05-09 House Journal Page 3713 SB 153 Nays: Kohring, Martin, Ogan, Vezey Absent: Berkowitz, Hanley, Kelly, Moses, Sanders, Therriault And so, HCS SB 153(FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SJR 35 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: CS FOR SENATE JOINT RESOLUTION NO. 35(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion. Representative Porter objected. The question being: "Shall CSSJR 35(FIN) be withdrawn from committee?" The roll was taken with the following result: CSSJR 35(FIN) Withdraw from the Rules Committee YEAS: 1 NAYS: 33 EXCUSED: 0 ABSENT: 6 Yeas: Vezey Nays: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Absent: Barnes, Hanley, Kelly, Martin, Moses, Sanders Kohring changed from "Yea" to "Nay". Ogan changed from "Yea" to "Nay". And so, the motion failed. 1998-05-09 House Journal Page 3714 SJR 35 CSSJR 35(FIN) is in the Rules Committee. SB 208 Representative Vezey moved and asked unanimous consent that the following bill be withdrawn from committee: SENATE BILL NO. 208 am "An Act relating to municipal service areas and providing for voter approval of the formation, alteration, or abolishment of certain service areas; and providing for an effective date." Objection was heard. The question being: "Shall SB 208 am be withdrawn from committee?" The roll was taken with the following result: SB 208 am 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, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams Absent: Barnes, Hanley, James, Martin, Moses And so, the motion failed. SB 208 am is in the Rules Committee. HB 319 Representative Rokeberg moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 319 "An Act relating to an employee's expectation of privacy in employer premises." 1998-05-09 House Journal Page 3715 HB 319 There being no objection, HB 319 was withdrawn. SJR 35 Representative Ryan added his name as cross sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 35(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to participation in an abortion. SB 17 Representatives Cowdery and Ryan added their names as cross sponsors to: SENATE BILL NO. 17 am H "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." SB 304 Representative Brice added his name as cross sponsor to: CS FOR SENATE BILL NO. 304(RLS) "An Act relating to the bail or fine for an offense committed in a highway work zone; and providing for an effective date." SB 323 Representatives Ryan and Croft added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 323(FIN) "An Act relating to sexual offenses, to those who commit sexual offenses, and to registration of sex offenders; amending Rule 6(r)(2), Alaska Rules of Criminal Procedure; and providing for an effective date." SB 305 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: 1998-05-09 House Journal Page 3716 SB 305 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." ENGROSSMENT SB 153 HCS SB 153(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 323 HCS CSSB 323(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 329 HCS CSSB 329(JUD) 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. Majority Caucus Speaker's Chamber 7:00 p.m., 5/9 Majority Caucus Speaker's Chamber 2:00 p.m., 5/10 Minority Caucus 2:00 p.m., 5/10 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 3:00 p.m., May 10, 1998. There being no objection, the House adjourned at 6:41 p.m. Suzi Lowell Chief Clerk