Legislature(1997 - 1998)
1998-05-10 House Journal
Full Journal pdf1998-05-10 House Journal Page 3719 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTIETH LEGISLATURE -- SECOND SESSION Juneau, Alaska Sunday May 10, 1998 One Hundred Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 3:40 p.m. Roll call showed 31 members present. Representatives Brice, Davies, Foster, Hanley, Hodgins, Kookesh, Kubina, Moses and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Robin Phillips, the daughter of Speaker Phillips. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Her Greatest Gift by Anne Louise Fritz You held the door open to the world And showed me it was there for the taking All the beauty of the sea and stars, To love, to fear, to hold close to my heart. Then you sent me on my journey, Knowing all along that you couldn't follow. You respected my different path Even as it led to higher heights and Sights you've never seen. And now, we are different, but entirely the same. Me, a part of you, in this crazy, fabulous world, Remembering, and strengthened by, The courage and endless faith of your broad love As I start to soar and fly ever outward on my own. 1998-05-10 House Journal Page 3720 "Dear Lord, Please let Your strength and courage flow forth as that from a mother's embrace. Today, and in the days to come, our representatives will need Your strength to carry on through the challenging times, Your courage to stand up for what they believe, and most of all, the inspiration to work together for the greater good of all Alaskans. So often, we look to our parents for guidance and support, today is that special day we look toward our mother. These representatives are the people they are today because of the endless faith and nurturing of their mothers, Dear Lord, please offer a special blessing for all those mothers and their families. Amen." The Pledge of Allegiance was led by Representative Kelly. CERTIFICATION OF THE JOURNAL Representative Porter moved and asked unanimous consent that the journal for the 118th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 168 The following letter, dated May 9, 1998, was received: "Dear Speaker Phillips: Under authority of art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: CS FOR HOUSE BILL NO. 168(RLS)(efd fld) "An Act relating to use of traditional means of access to assist in 1998-05-10 House Journal Page 3721 HB 168 taking game or fish and to traditional means of access for traditional outdoor activities on land and water set aside for fish and game purposes." I am vetoing this bill because it significantly compromises the Board of Fisheries' and Board of Game's obligation to manage Alaska's fish and wildlife responsibly. It is an unreasonable and unacceptable constraint on future decision making by these bodies while establishing a complicated regulatory process to solve a problem that doesn't exist. This bill also limits the access of citizens to fish and game management decisions through the board process and local fish and game advisory committees. For that reason, local fish and game advisory committees and many individual committee members from across the state have expressed opposition to this bill. I also cannot support a bill that limits the public's ability to effectively participate in decisions that directly affect Alaska citizens in their own communities. House Bill 168 requires citizens to go to the Legislature for decisions that have long been made by the boards of fish and game. Legislative debate on this bill indicated it was primarily designed to limit the Board of Game's ability to adopt Controlled Use Areas. Regulating the means of transportation used in hunting through creation of Controlled Use Areas is a legitimate tool of the Board of Game, and one that Alaskans accept. The Board of Game considers the establishment of Controlled Use Areas "one of the principal actions available to the board for protection of wildlife, habitat, broadest possible hunter opportunity, and hunt quality in areas of heavy harvest pressure and user conflict." A few Controlled Use Areas exist today that limit some types of motorized vehicles in hunting and trapping. These are mostly walk-in or fly-in areas that are very popular with a broad spectrum of hunters. A quiet hunting experience is quite different from one using a vehicle. Most Alaskans believe there is room on the state's 104 million acres to manage lands for all types of users including both motorized and non-motorized. 1998-05-10 House Journal Page 3722 HB 168 Even the proponents of this bill concede there is no current problem with Controlled Use Areas. Yet the bill places broad restrictions on any future creation of these areas by the Board of Fisheries and the Department of Fish and Game, as well as the Board of Game. The regulatory process this bill requires is complicated and vague. The bill leaves key concepts open to interpretation, inviting debate and confusion. The result is this bill increases the likelihood of litigation against the state, to no good purpose. Furthermore, longstanding and broadly accepted access restrictions, like the "same-day airborne" ban on hunting most big game, could be eroded under this bill if the Board of Game decides to address special concerns by temporarily lifting restrictions, as it has been asked to do in the past. Reestablishing these restrictions would take an act of the Legislature, making timeliness for game and habitat protection impossible. Alaska's elected officials should be protecting the state's traditional use of the board process, not restricting that use because of an imagined concern that motorized access for hunting and fishing may be unreasonably restricted at some time in the future. The boards and the department have been very supportive of maintaining opportunities for motorized access, and are fully accessible to the public for modifying access rules, as the public considers necessary. This bill serves no productive purpose and has several severe deficiencies. It has the unfortunate result of widening the gap between the fish and game regulatory process and the people most likely to be affected by those regulations. For all of these reasons, I have concluded that a veto is necessary. Sincerely, /s/ Tony Knowles Governor" **The presence of Representative Brice was noted. 1998-05-10 House Journal Page 3723 MESSAGES FROM THE SENATE HB 122 A message dated May 9, 1998, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 122(JUD) "An Act relating to prisoner litigation, post-conviction relief, and sentence appeals; relating to violation of certain testing orders for those convicted of certain crimes; relating to probation and parole conditions and revocation of parole; amending Rule 10(e), Alaska Administrative Rules, Rule 502(b), Alaska Rules of Appellate Procedure, Rule 26, Alaska Rules of Civil Procedure, and Rules 32 and 35, Alaska Rules of Criminal Procedure." CSHB 122(JUD) was referred to the Chief Clerk for enrollment. SB 234 A message dated May 9, 1998, was read stating the Senate has concurred in the House amendment to CSSB 234(FIN), thus adopting: 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." HJR 44 A message dated May 10, 1998, was read stating the Senate has passed CSHJR 44(RLS) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 44(JUD) Proposing amendments to the Constitution of the State of Alaska relating to redistricting and reapportionment of the legislature; repealing obsolete language setting out the apportionment schedule used to elect members of the first state legislature. CSHJR 44(RLS) am is under Unfinished Business. 1998-05-10 House Journal Page 3724 HB 197 A message dated May 9, 1998, was read stating the Senate has passed HB 197 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 197(FIN) "An Act relating to libraries." HB 197 is under Unfinished Business. **The presence of Representatives Kookesh and Hodgins was noted. HB 231 A message dated May 10, 1998, was read stating the Senate has passed CSHB 231(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 231(L&C) "An Act relating to regulation of snowmobiles." A Senate Letter of Intent was attached (page 3942 of the Senate Journal). CSHB 231(FIN) is under Unfinished Business. HB 370 A message dated May 9, 1998, was read stating the Senate has passed CSHB 370(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) "An Act making appropriations for relief of the 1997 economic disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." CSHB 370(FIN) is under Unfinished Business. 1998-05-10 House Journal Page 3725 HB 451 A message dated May 9, 1998, was read stating the Senate has passed CSHB 451(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 451(RLS) "An Act relating to assistive technology devices and mobility aids for physically disabled persons." CSHB 451(JUD) is under Unfinished Business. SB 153 A message dated May 10, 1998, was read stating the Senate has failed to concur in the House amendment to: SENATE BILL NO. 153 "An Act relating to issuance of special license plates to commemorate the arts." namely, HOUSE CS FOR SENATE BILL NO. 153(FIN) am H "An Act relating to issuance of special license plates." and respectfully requests the House to recede from its amendment. In the event the House does not recede, the President has appointed the following members to a conference committee to meet with a like committee from the House to consider the bills: Senator Kelly, Chair Senator Donley Senator Ellis 1998-05-10 House Journal Page 3726 SB 153 Representative Porter moved that the House recede from its amendment to SB 153, namely HCS SB 153(FIN) am H, and recommended that the members vote no. The question being: Shall the House recede from its amendment to SB 153? The roll was taken with the following result: HCS SB 153 am H Recede YEAS: 0 NAYS: 33 EXCUSED: 0 ABSENT: 7 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams Absent: Davies, Foster, Hanley, Kelly, Kubina, Moses, Therriault And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Green, Chair Representative Rokeberg Representative Croft The Chief Clerk was instructed to so notify the Senate. **The presence of Representative Kubina was noted. 1998-05-10 House Journal Page 3727 CONCUR IN SENATE AMENDMENTS HB 370 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3724) on the following at this time: CS FOR HOUSE BILL NO. 370(FIN) "An Act making appropriations for relief of the 1997 economic disaster in Bristol Bay and on the Kuskokwim River; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) (same title) There being no objection, it was so ordered. **The presence of Representative Davies was noted. Representative Porter moved that the House concur in the Senate amendment to CSHB 370(FIN), thus adopting SCS CSHB 370(FIN), and recommended that the members vote yes. **The presence of Representative Foster was noted. The question being: "Shall the House concur in the Senate amendment to CSHB 370(FIN)?" The roll was taken with the following result: SCS CSHB 370(FIN) Concur YEAS: 28 NAYS: 9 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kookesh, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Vezey, Williams 1998-05-10 House Journal Page 3728 HB 370 Nays: Berkowitz, Brice, Croft, Davies, Elton, Grussendorf, Kemplen, Kohring, Kubina Absent: Hanley, Moses, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 370(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 CSHB 370(FIN) was referred to the Chief Clerk for enrollment. **The presence of Representative Moses was noted. HB 451 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3725) on the following at this time: CS FOR HOUSE BILL NO. 451(JUD) "An Act relating to assistive technology devices and mobility aids for physically disabled persons." and SENATE CS FOR CS FOR HOUSE BILL NO. 451(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 451(JUD), thus adopting SCS CSHB 451(RLS), and recommended that the members vote yes. 1998-05-10 House Journal Page 3729 HB 451 The question being: "Shall the House concur in the Senate amendment to CSHB 451(JUD)?" The roll was taken with the following result: SCS CSHB 451(RLS) Concur YEAS: 32 NAYS: 2 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Berkowitz, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hudson, Ivan, James, Joule, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Kohring, Vezey Absent: Bunde, Hanley, Hodgins, Kelly, Kemplen, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 451(RLS). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 451(RLS) was referred to the Chief Clerk for enrollment. HB 197 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3724) on the following at this time: HOUSE BILL NO. 197 "An Act relating to libraries." and 1998-05-10 House Journal Page 3730 HB 197 SENATE CS FOR HOUSE BILL NO. 197(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to HB 197, thus adopting SCS HB 197(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 197?" The roll was taken with the following result: SCS HB 197(FIN) Concur YEAS: 35 NAYS: 2 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Berkowitz, Brice, 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, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Ogan, Vezey Absent: Bunde, Hanley, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS HB 197(FIN). The Chief Clerk was instructed to so notify the Senate. SCS HB 197(FIN) was referred to the Chief Clerk for enrollment. REPORTS OF STANDING COMMITTEES SJR 42 The Rules Committee has considered: 1998-05-10 House Journal Page 3731 SJR 42 CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.42(RLS) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Williams, Porter, Phillips, Kott The following fiscal note applies to HCS CSSJR 42(RLS): Senate fiscal note, Office of the Governor, 3/10/98 CSSJR 42(FIN) is on today's calendar. SB 219 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 219(FIN) am "An Act relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; and amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 219(JUD) (same title) 1998-05-10 House Journal Page 3732 SB 219 The report was signed by Representative Green, Chair, with the following individual recommendations: No recommendation (4): Green, Porter, James, Rokeberg The following fiscal notes apply to HCS CSSB 219(JUD): Senate fiscal note, Dept. of Corrections, 4/30/98 Senate fiscal note, Legislative Affairs Agency, 4/23/98 Senate indeterminate fiscal note, Dept. of Law, 1/30/98 Senate zero fiscal note, Dept. of Revenue, 4/24/98 Senate zero fiscal note, Dept. of Public Safety, 1/30/98 CSSB 219(FIN) am was referred to the Finance Committee. SB 313 The Finance Committee has considered: SENATE BILL NO. 313 "An Act relating to sponsor certification of initiative petitions; relating to sponsor identification during petition circulation; relating to the voidability of an initiated law; placing limitations on the compensation that may be paid to sponsors of initiative petitions; prohibiting payments to persons who sign or refrain from signing initiative petitions; and repealing procedures for filing a supplementary initiative petition." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 313(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: No recommendation (6): Therriault, Mulder, Grussendorf, Kelly, Moses, Davis 1998-05-10 House Journal Page 3733 SB 313 Amend (2): Kohring, Davies The following fiscal note applies to HCS CSSB 313(FIN): Senate zero fiscal note, Office of the Governor, 3/19/98 SB 313 was referred to the Rules Committee for placement on the calendar. LEGISLATIVE CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Fairview Compass Team By Representative Kemplen; Senator Ellis Honoring - Judy Cooper By Representatives Elton, Hudson; Senator Duncan Honoring - Heather Kendall-Miller By Representative Nicholia; Senator Lincoln Honoring - House Sergeant-At-Arms, Assistant Sergeant-At-Arms, House Pages By Representative Kott Honoring - Goldenview Middle School By Representative Bunde Honoring - Bob and Henrietta Smay, 50th Wedding Anniversary By Representative Green Honoring - Colonel Richard L. Stouder, Garrison Commander By Representative Mulder Honoring - Roderick Ladd By Representative Phillips; Senator Torgerson 1998-05-10 House Journal Page 3734 Honoring - Marc P. Gaguzis, West Point Graduate By Representative Mulder Honoring - James Suire By Senator Donley In Memoriam - Kenneth A. Murray By Representative Vezey In Memoriam - John D. Arnold By Representative Vezey In Memoriam - Rose Elna Short By Representative Austerman; Senator Mackie In Memoriam - Elaine Gregoire By Representative Phillips; Senator Torgerson In Memoriam - Harvey Patrick Sullivan By Senator Kelly In Memoriam - Gordon Buness By Senator Taylor CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS SB 17 The following, which was advanced to third reading from the May 9, 1998 calendar (page 3690), was read the third time: SENATE BILL NO. 17 am H "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." The Speaker stated that, without objection, SB 17 am H would be moved to the bottom of the calendar. 1998-05-10 House Journal Page 3735 SB 158 The following, which was advanced to third reading from the May 9, 1998 calendar (page 3691), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 158(L&C) am H "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." The Speaker stated that, without objection, HCS CSSB 158(L&C) am H would be moved to the bottom of the calendar. SB 160 The following, which was advanced to third reading from the May 9, 1998 calendar (page 3694), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 160(FIN) am H "An Act relating to radiological equipment used in the practice of dentistry." The Speaker stated that, without objection, HCS CSSB 160(FIN) am H would be moved to the bottom of the calendar. SECOND READING OF SENATE RESOLUTIONS SJR 35 The following was read the second time: 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. with the: Journal Page FIN RPT HCS(FIN) 8DP 3DNP 3332 FISCAL NOTE (GOV) 2/17/98 3333 1998-05-10 House Journal Page 3736 SJR 35 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 35(FIN) (same title) Representative Vezey objected. The question being: "Shall HCS CSSJR 35(FIN) be adopted in lieu of the original resolution?" The roll was taken with the following result: CSSJR 35(FIN) Second Reading Adopt Finance HCS YEAS: 33 NAYS: 1 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Williams Nays: Vezey Absent: Barnes, Foster, Hanley, Ivan, Mulder, Therriault And so, HCS CSSJR 35(FIN) was adopted. Representative Porter moved and asked unanimous consent that HCS CSSJR 35(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSJR 35(FIN) will be in third reading on tomorrow's calendar. 1998-05-10 House Journal Page 3737 SJR 42 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 42(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to marriage. with the: Journal Page JUD RPT 4DP 1DNP 3360 SENATE FISCAL NOTE (GOV) 3/10/98 3360 FIN RPT 6DP 3518 SENATE FISCAL NOTE (GOV) 3/10/98 3518 RLS RPT HCS(RLS) 4DP 3730 SENATE FISCAL NOTE (GOV) 3/10/98 3731 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 42(RLS) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS CSSJR 42(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSJR 42(RLS) will be in third reading on tomorrow's calendar. The Speaker stated that, without objection, the House would stand at ease; and so, the House stood at ease at 4:43 p.m. 1998-05-10 House Journal Page 3738 AFTER AT EASE The Speaker called the House back to order at 5:00 p.m. Representative Porter moved and asked unanimous consent that the House stand in recess. There being no objection, the House recessed at 5:01 p.m. AFTER RECESS The Speaker called the House back to order at 12:07 a.m., May 11, 1998. A second quorum call showed 25 members present. **The presence of Representatives Therriault and Hanley was noted. CONCUR IN SENATE AMENDMENTS HB 51 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3455) on the following at this time: CS FOR HOUSE BILL NO. 51(RLS) am "An Act relating to the Department of Environmental Conservation; amending Rules 79 and 82, Alaska Rules of Civil Procedure; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 51(RLS) am, thus adopting SCS CSHB 51(FIN), and recommended that the members vote yes. 1998-05-10 House Journal Page 3739 HB 51 The question being: "Shall the House concur in the Senate amendment to CSHB 51(RLS) am?" The roll was taken with the following result: SCS CSHB 51(FIN) Concur YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Elton, Foster, Green, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams Absent: Berkowitz, Davies, Grussendorf, Kubina, Sanders And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 51(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 51(FIN) was referred to the Chief Clerk for enrollment. HB 231 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3724) on the following at this time: CS FOR HOUSE BILL NO. 231(FIN) "An Act relating to regulation of snowmobiles." and 1998-05-10 House Journal Page 3740 HB 231 SENATE CS FOR CS FOR HOUSE BILL NO. 231(L&C) (same title) There being no objection, it was so ordered. Representative Porter moved that the House concur in the Senate amendment to CSHB 231(FIN), thus adopting SCS CSHB 231(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 231(FIN)?" The roll was taken with the following result: SCS CSHB 231(L&C) Concur YEAS: 35 NAYS: 3 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, James, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Ryan, Therriault, Williams Nays: Kohring, Ogan, Vezey Absent: Ivan, Sanders And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 231(L&C). Representative Porter moved and asked unanimous consent that the House adopt the Senate Letter of Intent (page 3942 of the Senate Journal). There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 231(L&C) was referred to the Chief Clerk for enrollment. 1998-05-10 House Journal Page 3741 MESSAGES FROM THE SENATE Representative Porter moved and asked unanimous consent that the House revert to Messages from the Senate. There being no objection, it was so ordered. HB 264 A message dated May 10, 1998, was read stating the Senate has passed CSHB 264(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 264(STA) "An Act relating to negotiated regulation making; and providing for an effective date." CSHB 264(FIN) is under Unfinished Business. REPORTS OF STANDING COMMITTEES SB 231 The Finance Committee has considered: CS FOR SENATE BILL NO. 231(FIN) am(brf sup maj fld) "An Act making and amending capital, supplemental, and other appropriations; making appropriations to capitalize funds; and providing for an effective date." and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) "An Act making and amending capital, supplemental, and other appropriations; making appropriations to capitalize funds; making appropriations under art. IX,, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." and recommends the following amendments: 1998-05-10 House Journal Page 3742 SB 231 Technical Amendments to HCS CSSB 231(FIN): "1) Page 7, lines 25 - 29 were supposed to be deleted. This language was replaced by amendment No. R-1 to the reappropriations section and contained in sec. 117." "2) Amendment No. 23 by Representative Therriault to split off $90 thousand from the Year 2000, $4.0 million appropriation made in sec. 42 to the Office of the Governor was not made." Amendment No. 26 to HCS CSSB 231(FIN): Page 117, line 7, Sec. 128: Appropriations Other Items Funds Delete "(4,017,274)" "(4,017,274)" Insert "4,071,274" "4,071,274" This corrects the amount for the Kenny Lake Elementary School Replacement per DOE - SB 360 (the bonding auth. bill has the correct amount already.) Amendment No. 27 to HCS CSSB 231(FIN): Page 37, line 10: Delete "sec. 29" Insert "secs. 29, 67(b), and 90 - 92" Page 37, following line 11: Insert a new subsection to read: "(e) The appropriation made by sec. 58(a) lapses December 31, 1999." Amendment No. 28 to HCS CSSB 231(FIN): Page 18, line 11, Sec. 46: Delete "no interest loan" Insert "grant" 1998-05-10 House Journal Page 3743 SB 231 Amendment No. 29 to SB 231: Page 64, line 29: Delete "East" Insert "South" Amendment No. 30 to CSSB 231(FIN) am(brf sup maj fld) version \K: Page 30, following line 22: Insert Appropriation Other Items Funds "City of Nome for the purchase of a new fire/rescue truck 150,000 150,000" (This will be funded by AHFC Receipts) Page 30, following line 22: Insert Appropriation Other Items Funds "Mountainview Community Recreation Center 230,000 230,000" (This will be funded by AHFC Receipts) Page 32, following line 17 Insert Appropriation General Items Funds "Gravina Island Bridge matching funds $200,000 200,000" (This will be funded by General Funds) 1998-05-10 House Journal Page 3744 SB 231 Page 94, following line 25: Insert Appropriation Other Items Funds "Sand Point Boat Harbor Expansion Project $2,137,000 $2,137,000" (The sum of $2,137,000 in AHFC Bond funds is appropriated to the Department of Transportation as a match for one-half of the non-federal costs for the Sand Point Harbor Expansion Project in the Aleutians East Borough.) Supplemental Appropriation Portion of CSSB 231(FIN) am(brf sup maj fld) version \K Insert "*Sec.____ The sum of $310,000 general funds is appropriated to the Department of Administration, Commissioners Office, for contract negotiations." Amendment No. 32 to HCS CSSB 231(FIN): Page 37, line 8, sec. 124(b), following 66: Insert "116 (b)" Discussion: This correctly identifies sec. 116 (b) as a capital project. Amendment No. 33 to CSSB 231(FIN) am: Page 8, Sec. 45, after line 10 is amended: Insert Other Funds "Department of Public Safety Statewide Academy Deferred Maintenance Repair and Construction $1,200,000" 1998-05-10 House Journal Page 3745 SB 231 Page 117, Sec. 130, after line 24 is amended: Insert Other Funds "Department of Environmental Conservation Cordova Water System Improvements Phase IIb $1,090,000" The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (3): Hanley, Mulder, Davis No recommendation (5): Therriault, Martin, Grussendorf, Kelly, Davies Amend (1): Kohring CSSB 231(FIN) am(brf sup maj fld) is on today's supplemental calendar. SB 347 The Finance Committee has considered: SENATE BILL NO. 347 "An Act relating to the increase of an appropriation item based on additional federal or other program receipts." The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (5): Foster, Mulder, Martin, Kohring, Kelly Do not pass (1): Davies No recommendation (4): Therriault, Moses, Davis, Hanley Amend (1): Grussendorf 1998-05-10 House Journal Page 3746 SB 347 The following fiscal note applies: Senate zero fiscal note, Legislative Affairs Agency, 4/3/98 SB 347 was referred to the Rules Committee for placement on the calendar. SB 360 The Finance Committee has considered: CS FOR SENATE BILL NO. 360(FIN) am "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 360(FIN) (same title) and recommends the following amendments: Amendment No. 3 to CSSB 360(FIN) am: Page 8, Sec 2., following line 17: Insert "Department of Public Safety Statewide Academy Deferred Maintenance, Repair and Construction $1,200,000" Page 7, Sec. 2, following line 26: Insert "Department of Environmental Conservation Cordova Water System Improvements Phase IIb $1,090,000" 1998-05-10 House Journal Page 3747 SB 360 Amendment No. 4 to HCS CSSB 360(FIN) version \L: Page 2, line 3: Delete "$218,632,441" Insert "$224,400,000" Page 9, following line 7: Insert "Sand Point Boat Harbor Expansion Project $2,137,000" Page 10, line 3: Delete "$195,207,509" Insert "$198,634,809" The report was signed by Representatives Therriault and Hanley, Co-chairs, with the following individual recommendations: Do pass (3): Hanley, Mulder, Davis No recommendation (4): Therriault, Kelly, Grussendorf, Davies The following fiscal note applies to HCS CSSB 360(FIN): Senate fiscal note, Dept. of Revenue, 5/5/98 CSSB 360(FIN) am is on today's supplemental calendar. CONSIDERATION OF CALENDAREMENTAL Representative Porter moved and asked unanimous consent that the House adopt the Supplemental Calendar. There being no objection, the following Supplemental Calendar was adopted: HB 490 CSSB 297(2nd RLS) CSSB 11(FIN)(title am) CSSB 36(FIN) am CSSB 231(FIN) am(brf sup maj fld) CSSB 360(FIN) am 1998-05-10 House Journal Page 3748 SECOND READING OF HOUSE BILLS HB 490 The following was read the second time: HOUSE BILL NO. 490 "An Act relating to insurance premium taxes." with the: Journal Page L&C RPT CS(L&C) NT 2DP 3NR 3466 FISCAL NOTE (DCED) 3466 FIN RPT CS(FIN) NT 4DP 4NR 3554 FISCAL NOTE (DCED) 3555 RLS RPT CS(RLS) NT 4DP 2NR 3674 FISCAL NOTE (DCED) 3675 Representative Porter moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, lines 14 - 17: Delete all material. Insert "(1) 2.7 percent for a policy of life insurance with a policy year premium up to $100,000; and (2) one-tenth of a percent for a policy of life insurance for the policy year premium exceeding $100,000." Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. 1998-05-10 House Journal Page 3749 HB 490 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 490(RLS) Second Reading Amendment No. 1 YEAS: 23 NAYS: 16 EXCUSED: 0 ABSENT: 1 Yeas: Berkowitz, Brice, Bunde, Croft, Davies, Elton, Green, Grussendorf, Joule, Kelly, Kemplen, Kookesh, Kott, Kubina, Martin, Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Therriault, Williams Nays: Austerman, Barnes, Cowdery, Davis, Dyson, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kohring, Masek, Ogan, Rokeberg, Vezey Absent: Sanders And so, Amendment No. 1 was adopted. Representative Porter moved and asked unanimous consent that CSHB 490(RLS) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 490(RLS) am was read the third time. The question being: "Shall CSHB 490(RLS) am pass the House?" The roll was taken with the following result: CSHB 490(RLS) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Ryan, Therriault, Vezey, Williams 1998-05-10 House Journal Page 3750 HB 490 Absent: Sanders And so, CSHB 490(RLS) am passed the House. Representative Porter moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 490(RLS) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 297 The following was read the second time: CS FOR SENATE BILL NO. 297(2d RLS) "An Act relating to breast-feeding." with the: Journal Page FIN RPT 4DP 4NR 3679 SENATE ZERO FISCAL NOTE (LAW) 4/2/98 3679 Representative Porter moved and asked unanimous consent that CSSB 297(2d RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 297(2d RLS) was read the third time. The question being: "Shall CSSB 297(2d RLS) pass the House?" The roll was taken with the following result: CSSB 297(2d RLS) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 1998-05-10 House Journal Page 3751 SB 297 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Ryan, Therriault, Williams Nays: Porter, Rokeberg, Vezey Absent: Sanders And so, CSSB 297(2d RLS) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 11 The following was read the second time: 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." with the: Journal Page HES RPT HCS(HES) 4DP 1NR 1AM 2596 INDETERMINATE FISCAL NOTE (DOE) 2597 FIN RPT HCS(FIN) 8DP 1NR 3675 FISCAL NOTE (DOE) 3675 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. 11(FIN) (same title) There being no objection, it was so ordered. Representative Porter moved and asked unanimous consent that HCS 1998-05-10 House Journal Page 3752 SB 11 CSSB 11(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 11(FIN) will be in third reading on the May 11, 1998 calendar. SB 36 The Speaker stated that, without objection, the following would be held to the May 11, 1998 calendar: CS FOR SENATE BILL NO. 36(FIN) am "An Act relating to public schools; relating to the definition of a school district, to the transportation of students, to employment of chief school administrators, to school district layoff plans, to the special education service agency, and to the child care grant program; and providing for an effective date." CSSB 36(FIN) am is in the Finance Committee. SB 231 The following was read the second time: CS FOR SENATE BILL NO. 231(FIN) am(brf sup maj fld) "An Act making and amending capital, supplemental, and other appropriations; making appropriations to capitalize funds; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) W/AMS NT 3DP 5NR 1AM 3741 ...TECHNICAL TITLE CHANGE 3741 Representative Porter moved and asked unanimous consent that the following committee substitute with attached amendments (page 3742) be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 231(FIN) am H "An Act making and amending capital, supplemental, and other appropriations; making appropriations to capitalize funds; making 1998-05-10 House Journal Page 3753 SB 231 appropriations under art. IX,, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Ryan, Sanders and Kohring: Insert new bill sections to read: "* Sec. A. ALASKA PERMANENT FUND. An amount equal to the balance of the earnings reserve account (AS37.13.145) on June 30, 1998, less $525,000,000, less the amount calculated under AS37.13.145(c) to offset the effect of inflation on the principal of the permanent fund during fiscal year 1998, and less the amount authorized under AS37.13.145(b) for transfer to the dividend fund (AS43.23.045(a)) for the payment of 1998 permanent fund dividends, is appropriated from the earnings reserve account to the principal of the Alaska permanent fund. * Sec. B. Section A of this Act takes effect immediately under AS01.10.070(c)." Renumber the following bill sections accordingly. Renumber internal bill references in accordance with this amendment. Representative Ryan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Grussendorf objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 231(FIN) am H Second Reading Amendment No. 1 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 1998-05-10 House Journal Page 3754 SB 231 Yeas: Berkowitz, Cowdery, Croft, Dyson, Hodgins, Kelly, Kohring, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey Nays: Austerman, Barnes, Brice, Bunde, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Masek: Insert new bill sections to read: "*Sec. A. ALASKA PERMANENT FUND. An amount equal to the balance of the earnings reserve account (AS37.13.145) on June 30, 1998, less $575,000,000, less the amount calculated under AS37.13.145(c) to offset the effect of inflation on the principal of the permanent fund during fiscal year 1998, and less the amount authorized under AS37.13.145(b) for transfer to the dividend fund (AS43.23.045(a)) for the payment of 1998 permanent fund dividends, is appropriated from the earnings reserve account to the principal of the Alaska permanent fund. * Sec. B. Section A of this Act takes effect immediately under AS01.10.070(c)." Renumber the following bill sections accordingly. Renumber internal bill references in accordance with this amendment. Representative Masek moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Barnes objected. Representative Ogan placed a call of the House and lifted the call. Representative Vezey placed a call of the House 1998-05-10 House Journal Page 3755 SB 231 The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 231(FIN) am H Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Berkowitz, Cowdery, Croft, Dyson, Hodgins, Kelly, Kohring, Martin, Masek, Ogan, Ryan, Sanders, Therriault, Vezey Nays: Austerman, Barnes, Brice, Bunde, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Moses, Mulder, Nicholia, Phillips, Porter, Rokeberg, Williams And so, Amendment No. 2 was not adopted. The Speaker stated that HCS CSSB 231(FIN) am H will be in third reading on the May 11, 1998 calendar. SB 360 The following was read the second time: CS FOR SENATE BILL NO. 360(FIN) am "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation for certain capital projects; relating to those bonds and to the appropriation of revenue of the Alaska Housing Finance Corporation; and providing for an effective date." with the: Journal Page FIN RPT HCS W/AMS 4DP 4NR 3745 Representative Porter moved and asked unanimous consent that the following committee substitute with attached amendments (page 3746) be adopted in lieu of the original bill: 1998-05-10 House Journal Page 3756 SB 360 HOUSE CS FOR CS FOR SENATE BILL NO. 360(FIN) am H (same title) There being no objection, it was so ordered. The Speaker stated that HCS CSSB 360(FIN) am H will be in third reading on the May 11, 1998 calendar. CONSIDERATION OF THE DAILY CALENDAR (Continued) 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 - The United Methodist Church and the Jesse Lee Home of Unalaska By Representatives Moses, Phillips, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - John Baker By Representatives Joule, Phillips, Berkowitz, Brice, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams; Senator Adams Honoring - Ruby Lenore Riddle, Official Hostess of the City of Fairbanks By Senators Pearce, Sharp, Wilken; Representatives Phillips, Berkowitz, Brice, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-10 House Journal Page 3757 Honoring - Bill and Jean Overstreet, 50th Wedding Anniversary By Senators Pearce, Duncan; Representatives Hudson, Elton, Phillips, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Hanley, Ivan, James, Joule, Kemplen, Kohring, Kookesh, Kott, Kubina, Martin, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Sy Bulaong, Junior ROTC Unarmed Exhibition Drill Team, West High School By Senator Taylor; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Honoring - Junior ROTC Unarmed Exhibition Drill Team, West High School By Senator Taylor; Representatives Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Green, Grussendorf, Ivan, James, Joule, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Hans Jemewouk By Representatives Foster, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Terry Alefantinos By Representatives Kohring, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Gerald F. Freese By Representatives Kelly, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams 1998-05-10 House Journal Page 3758 In Memoriam - Cassandra Rae Goard By Representatives Cowdery, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kohring, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Mark F. Slimmen By Representatives Kelly, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Michael Snigaroff By Representatives Moses, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams In Memoriam - Sara Sears By Representatives Vezey, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Elton, Foster, Grussendorf, Ivan, James, Joule, Kemplen, Kott, Kubina, Masek, Mulder, Nicholia, Ogan, Porter, Rokeberg, Ryan, Sanders, Therriault, Williams In Memoriam - Dr. Richard E. Studer By Senators Green, Halford; Representatives Ogan, Masek, Phillips, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Ivan, James, Joule, Kohring, Kott, Kubina, Mulder, Nicholia, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams SENATE BILLS IN THIRD READING SB 17 The following, which had been moved down the calendar (page 3734), was again read the third time: SENATE BILL NO. 17 am H "An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV)." 1998-05-10 House Journal Page 3759 SB 17 The Speaker stated that SB 17 am H will be held in third reading to the May 11, 1998 calendar. SB 158 The following, which had been moved down the calendar (page 3735), was again read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 158(L&C) am H "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." The question being: "Shall HCS CSSB 158(L&C) am H pass the House?" The roll was taken with the following result: HCS CSSB 158(L&C) am H Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Barnes, Brice, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kelly, Kohring, Kubina, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Absent: Berkowitz, Bunde, Green, Kemplen, Kookesh, Kott, Nicholia And so, HCS CSSB 158(L&C) am H passed the House and was referred to the Chief Clerk for engrossment. SB 160 The following, which had been moved down the calendar (page 3735), was again read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 160(FIN) AM H "An Act relating to radiological equipment used in the practice of dentistry." 1998-05-10 House Journal Page 3760 SB 160 The question being: "Shall HCS CSSB 160(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 160(FIN) am H Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, Cowdery, Croft, Davis, Dyson, Foster, Hanley, Hodgins, Hudson, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Ryan, Sanders, Therriault, Vezey, Williams Nays: Berkowitz, Davies, Elton, Grussendorf, Joule, Kemplen, Kookesh, Kubina, Moses, Nicholia Absent: Green And so, HCS CSSB 160(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. CONCUR IN SENATE AMENDMENTS HB 264 Representative Porter moved and asked unanimous consent that the House consider the Senate message (page 3741) on the following at this time: CS FOR HOUSE BILL NO. 264(FIN) "An Act relating to negotiated regulation making; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 264(STA) (same title) There being no objection, it was so ordered. 1998-05-10 House Journal Page 3761 HB 264 Representative Porter moved that the House concur in the Senate amendment to CSHB 264(FIN), thus adopting SCS CSHB 264(STA), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 264(FIN)?" The roll was taken with the following result: SCS CSHB 264(STA) Concur YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Elton, Foster, Green, Grussendorf, Hanley, Hodgins, Hudson, Ivan, James, Joule, Kemplen, Kookesh, Kott, Kubina, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Ryan, Sanders, Therriault, Williams Nays: Kelly, Kohring, Ogan, Rokeberg, Vezey And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 264(STA). 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 264(STA) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS SB 11 Representatives Masek, Kott, Dyson and Ogan added their names as cross sponsors to: HOUSE CS FOR CS FOR SENATE BILL NO. 11(FIN) "An Act establishing a reimbursement program for municipal bonds, notes, or other indebtedness incurred for school 1998-05-10 House Journal Page 3762 SB 11 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." SB 297 Representatives Croft and Kemplen added their names as cross sponsors to: CS FOR SENATE BILL NO. 297(2d RLS) "An Act relating to breast-feeding." SB 312 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: 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." SB 336 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: CS FOR SENATE BILL NO. 336(L&C) "An Act relating to excluding professional hockey team members from workers' compensation coverage." ENGROSSMENT HB 490 CSHB 490(RLS) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1998-05-10 House Journal Page 3763 SB 158 HCS CSSB 158(L&C) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 160 HCS CSSB 160(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 193 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 1:45 p.m., May 10, 1998: SENATE CS FOR CS FOR HOUSE BILL NO. 193(FIN) "An Act relating to financial assistance for students attending certain graduate education programs; and providing for an effective date." HB 469 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 1:45 p.m., May 10, 1998: HOUSE BILL NO. 469 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Mapco Alaska Petroleum, Inc.; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1998-05-10 House Journal Page 3764 The following meeting has been changed as indicated: Finance Committee 5/11 meeting CHANGED TO: 10:00 a.m., 5/11 ADJOURNMENT Representative Porter moved and asked unanimous consent that the House adjourn until 1:00 p.m., May 11, 1998. There being no objection, the House adjourned at 2:06 a.m., May 11, 1998. Suzi Lowell Chief Clerk