Legislature(1999 - 2000)
1999-04-22 House Journal
Full Journal pdf1999-04-22 House Journal Page 0907 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 22, 1999 Ninety-fourth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:09 a.m. Roll call showed 38 members present. Representative Masek was excused from a call of the House today due to illness. Representative Therriault was absent and his presence was noted later. The invocation was offered by the Reverend Larry Olson of the Eagle Wings Community Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord, we remember today the people of Littleton, Colorado, and the students and staff of Columbine High School. As stories of heroism and acts of kindness emerge from this tragedy, we are grateful for those who put the safety of others above their own safety. We pray for those who grieve the deaths of their children and their friends. Watch over them and keep them. Heal the dozens who were wounded in body; heal the thousands who were wounded in spirit. Lord, it seems that American public schools are becoming increasingly dangerous places. This violence has even touched our own state. We pray that those who work with troubled youth, the courts, the police, DFYS, school staff and parents would have the resources and the help they need to do 1999-04-22 House Journal Page 0908 their jobs effectively. We pray for understanding for these elected representatives, understanding as to the roots of this violence, and the will to do whatever they can to prevent it from happening again. In Your name we ask these things. Amen The Pledge of Allegiance was led by Representative Phillips. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 93rd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 77 A message dated April 21, 1999, was read stating the Senate has concurred in the House amendment to CSSB 77(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 77(JUD) am H "An Act prohibiting certain civil actions against firearms or ammunition manufacturers and dealers." FIRST READING AND REFERENCE OF SENATE BILLS A message dated April 21, 1999, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 100 CS FOR SENATE BILL NO. 100(FIN) by the Senate Finance Committee, entitled: "An Act relating to the payment by indigent persons for legal services and related costs." was read the first time and referred to the Judiciary and Finance Committees. 1999-04-22 House Journal Page 0909 REPORTS OF STANDING COMMITTEES The Resources Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Virgil L. Umphenour Dan K. Coffey Grant J. Miller as members of the Board of Fisheries. The report was signed by Representatives Ogan and Sanders, Co- chairs; and Representatives Harris, Barnes, Whitaker and Joule. The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. HB 28 The Judiciary Committee has considered: HOUSE BILL NO. 28 "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and creating the juvenile justice grant fund in order to provide financial assistance for the operation of youth courts." and recommends it be replaced with: CS FOR HOUSE BILL NO. 28(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Croft, Green, Kott, Kerttula The following fiscal note applies to CSHB 28(JUD): 1999-04-22 House Journal Page 0910 HB 28 Zero fiscal note, Dept. of Health & Social Services, 4/22/99 HB 28 was referred to the Finance Committee. HB 131 The Finance Committee has considered: HOUSE BILL NO. 131 "An Act relating to public rights-of-way and easements for surface transportation across the Anchorage Coastal Wildlife Refuge." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Bunde, Kohring, Grussendorf, Foster Do not pass (1): Moses No recommendation (5): Therriault, Mulder, Williams, Austerman, Davis The following fiscal notes apply: Indeterminate fiscal note, Dept. of Transportation & Public Facilities, 4/1/99 Zero fiscal note, Dept. of Natural Resources, 4/1/99 Zero fiscal note, Dept. of Fish & Game, 4/1/99 HB 131 was referred to the Rules Committee for placement on the calendar. HB 155 The Judiciary Committee has considered: HOUSE BILL NO. 155 "An Act relating to municipal assembly forms of representation and apportionment." 1999-04-22 House Journal Page 0911 HB 155 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (7): Green, James, Rokeberg, Kott, Murkowski, Croft, Kerttula The following fiscal note applies: Zero fiscal note, Dept. of Community & Regional Affairs, 4/8/99 HB 155 was referred to the Rules Committee for placement on the calendar. HB 158 The Judiciary Committee has considered: HOUSE BILL NO. 158 "An Act relating to the annual report of the director of the division of insurance and to notice of cancellation of personal insurance." and recommends it be replaced with: CS FOR HOUSE BILL NO. 158(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (6): Croft, Murkowski, Green, Kott, Rokeberg, Kerttula The following fiscal note applies to CSHB 158(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/16/99 HB 158 was referred to the Rules Committee for placement on the calendar. 1999-04-22 House Journal Page 0912 HB 176 The Judiciary Committee has considered: HOUSE BILL NO. 176 "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions; and amending Rules 79 and 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Green, James, Rokeberg, Kott Do not pass (1): Kerttula No recommendation (1): Murkowski The following fiscal note applies: Zero fiscal note, House Judiciary Committee, 4/22/99 HB 176 was referred to the Finance Committee. HB 200 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 200 "An Act relating to exemptions for municipal property taxes for certain primary residences; relating to property tax equivalency payments for certain residents; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 200(CRA) "An Act relating to the determination of full and true value of taxable property in a municipality; relating to exemptions for 1999-04-22 House Journal Page 0913 HB 200 municipal property taxes for certain primary residences; relating to property tax equivalency payments for certain residents; and providing for an effective date." The report was signed by Representative Harris, Co-chair, with the following individual recommendations: No recommendation (7): Joule, Halcro, Murkowski, Morgan, Dyson, Harris, Kookesh The following fiscal note applies to CSHB 200(CRA): Zero fiscal note, House Community & Regional Affairs Committee, 4/22/99 HB 200 was referred to the Finance Committee. HB 201 The Labor & Commerce Committee has considered: HOUSE BILL NO. 201 "An Act relating to the computation of overtime; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 201(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (6): Rokeberg, Murkowski, Harris, Cissna, Brice, Sanders The following fiscal note applies to CSHB 201(L&C): Zero fiscal note, Dept. of Labor, 4/22/99 1999-04-22 House Journal Page 0914 HB 201 HB 201 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Bethel High School's Cheerleaders and Basketball Players By Representative Kapsner INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 10 HOUSE CONCURRENT RESOLUTION NO. 10 by Representatives Austerman, Harris and Grussendorf: Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. was read the first time and referred to the House Special Committee on Utility Restructuring and the Finance Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 211 HOUSE BILL NO. 211 by Representative Rokeberg by request, entitled: "An Act relating to liability for providing managed care services, to regulation of managed care insurance plans, and to patient rights and prohibited practices under health insurance; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. 1999-04-22 House Journal Page 0915 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 3 The following was read the second time: HOUSE BILL NO. 3 "An Act relating to controlled substances and to the possession and distribution of certain chemicals." with the: Journal Page JUD RPT CS(JUD) NT 5DP 2NR 422 ZERO FISCAL NOTE (JUD) 423 FIN RPT CS(JUD) NT 8DP 660 INDETERMINATE FISCAL NOTE (ADM) 660 2 ZERO FISCAL NOTES (DPS, LAW) 660 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to controlled substances and to the possession of certain chemicals." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 3(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 3(JUD) was read the third time. The question being: "Shall CSHB 3(JUD) pass the House?" The roll was taken with the following result: CSHB 3(JUD) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 1999-04-22 House Journal Page 0916 HB 3 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Ogan Excused: Masek Absent: Therriault And so, CSHB 3(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 57 The following was read the second time: HOUSE BILL NO. 57 "An Act relating to immunity for certain claims against the state, a municipality, or agents, officers, or employees of either, arising out of or in connection with the year 2000 date change; and providing for an effective date." with the: Journal Page CRA RPT 5DP 1NR 142 ZERO FISCAL NOTE (ADM) 1/22/99 142 JUD RPT CS(JUD) NT 1DP 4NR 1AM 787 ZERO FISCAL NOTE (ADM) 1/22/99 788 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 57(JUD) "An Act relating to immunity for certain claims against the state or a municipality, or agents, officers, or employees of either, arising out of or in connection with the year 2000 date change; and providing for an effective date." 1999-04-22 House Journal Page 0917 HB 57 There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 57(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 57(JUD) was read the third time. The question being: "Shall CSHB 57(JUD) pass the House?" The roll was taken with the following result: CSHB 57(JUD) Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Davies, Kerttula Excused: Masek Absent: Therriault And so, CSHB 57(JUD) passed the House. Representative Green 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 57(JUD) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 99 The following, which had been held to today's calendar (page 902), was read the second time: 1999-04-22 House Journal Page 0918 SB 99 CS FOR SENATE BILL NO. 99(FIN) "An Act to clarify the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska, to prevent discrimination in the redistricting of the house of representatives and the senate, and to prohibit expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation." with the: Journal Page JUD RPT HCS(JUD) NT 3DP 1DNP 1NR 791 SENATE ZERO FN (S.FIN/LAW) 3/22/99 792 Representative Green 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. 99(JUD) "An Act providing for preparation for redistricting before appointment of the Redistricting Board; relating to preclearance under the Voting Rights Act of 1965, as amended; clarifying the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska; prohibiting discrimination and use of census numbers that are estimates or that have been adjusted based on sampling in the redistricting of the house of representatives and the senate; and prohibiting expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation." (new title pending authorization by HCR 7) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 3, line 28, following "residency": Insert ", except where the Board determines that the official decennial census of the United States has (1) under-counted a racial or linguistic minority; or (2) over-counted military or civilian populations not 1999-04-22 House Journal Page 0919 SB 99 eligible to vote in Alaska State elections because of their non- resident status; and (3) such under-counting or over-counting will result in the regression of voting strength of a racial or linguistic minority" Page 4, line 3, following "purpose": Insert ", except under circumstances where such procedures are permitted in AS 15.10.200(b)" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Green objected. **The presence of Representative Therriault was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 99(JUD) Second Reading Amendment No. 1 YEAS: 16 NAYS: 21 EXCUSED: 1 ABSENT: 2 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Davis, Grussendorf, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Smalley, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker Excused: Masek Absent: Moses, Sanders And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Green: 1999-04-22 House Journal Page 0920 SB 99 Page 1, line 3, following "amended" (title amendment): Insert ", and legal representation of the state in matters concerning redistricting" Page 1, line 4 (title amendment): Delete "prohibiting discrimination and use" Insert "relating to adjustment" Page 1, line 5 (title amendment): Delete "that are estimates or that have been adjusted based on" Insert "by using estimates, population surveys, or" Page 1, line 8, following "appropriation" (title amendment): Insert "; and providing for an effective date" Page 3, lines 24 - 26: Delete "The redistricting plan adopted under art. VI, Constitution of the State of Alaska, may not use census numbers that are estimates or that have been adjusted based on sampling, nor may the redistricting plan exclude or discriminate" Insert "In adopting a redistricting plan under art. VI, Constitution of the State of Alaska, the redistricting board may not adjust the census numbers by using estimates, population surveys, or sampling for the purpose of excluding or discriminating" Page 4, line 4: Delete "review.": Insert "review and legal representation. (a)" Page 4, line 10, following "(2)": Delete "represent the state" Insert "defend the plan and board" Page 4, line 13, following "affirmation": Insert "; the board shall have sole discretion to enter a settlement agreement and control litigation strategy that affects the final proclamation issued under art. VI, sec.10, Constitution of the State of Alaska." Page 4, following line 13: Insert a new subsection to read: 1999-04-22 House Journal Page 0921 SB 99 "(b) Nothing in this section denies or creates standing in the governor, the legislature, or another person to be a party to the proceedings described in subsection (a)." Page 4, line 14, through page 5, line 16: Delete all material and insert: "Article 3. Redistricting. Sec. 15.10.300. Preparation for legislative redistricting. (a) There is created as an independent agency of the state the Redistricting Planning Committee. The committee shall be composed of five members. One member shall be appointed by the president of the senate, one member shall be appointed by the speaker of the house of representatives, one member shall be appointed by the chief justice of the Alaska Supreme Court, and two members shall be appointed by the governor. (b) Four members of the committee constitute a quorum to transact business. Meetings of the committee are subject to AS 44.62.310. (c) The committee may make necessary preparations and arrangements for the Redistricting Board provided for in art. VI, sec. 8, Constitution of the State of Alaska. The committee may arrange for office space for the board and its staff before the convening of the board, including the leasing of appropriate facilities and office equipment. (d) The committee may compile or contract for the compilation of information necessary for the Redistricting Board to begin its work, including (1) paper maps or a computer data base received from the United States Bureau of the Census describing all units of census geography; (2) a computer data base of election and voter registration information from the division of elections to assist the Redistricting Board in determining compliance with 42 U.S.C. 1973-1973l (Voting Rights Act of 1965, as amended) and other statutory and constitutional requirements; (3) information indicating the location of cultural, economic, geographic, demographic, and trade area factors in the state; and (4) information or analysis of state and federal court decisions concerning reapportionment. 1999-04-22 House Journal Page 0922 SB 99 (e) The committee shall develop and issue a request for competitive sealed proposals to procure a computerized system that uses census data and maps to prepare plans for state senate and house districts in conformity with statutory and constitutional criteria and within applicable time constraints. The committee may award a contract for the acquisition of computer software and hardware and for the provision of computer services to the responsible and responsive offeror whose proposal is determined to be the most advantageous to the state, taking into consideration price and evaluation factors set out in the request for proposals. The computer system must be developed so that it is available for use by the Redistricting Board immediately upon the board's convening. (f) The committee may seek assistance as necessary from the legislative council, the Department of Administration, the Department of Labor, the Department of Law, and the division of elections. (g) In the event that the committee is determined to be unlawful, the legislative council shall assume the committee's responsibilities and perform its duties as described in this section. (h) In this section, "committee" means the Redistricting Planning Committee." Renumber the following bill section accordingly. Page 5, following line 19: Insert a new bill section to read: "* Sec. 5. This Act takes effect immediately under AS01.10.070(c)." Representative Green moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1999-04-22 House Journal Page 0923 SB 99 HCS CSSB 99(JUD) Second Reading Amendment No. 2 YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Masek And so, Amendment No. 2 was adopted and the new title appears below: HOUSE CS FOR CS FOR SENATE BILL NO. 99(JUD) am H "An Act providing for preparation for redistricting before appointment of the Redistricting Board; relating to preclearance under the Voting Rights Act of 1965, as amended, and legal representation of the state in matters concerning redistricting; clarifying the meaning of 'decennial census of the United States' in art. VI, Constitution of the State of Alaska; relating to adjustment of census numbers by using estimates, population surveys, or sampling in the redistricting of the house of representatives and the senate; and prohibiting expenditures of public funds for population surveys or sampling for certain purposes relating to legislative redistricting without an appropriation; and providing for an effective date." Amendment No. 3 was offered by Representative Croft: Page 3, line 18 through Page 4, line 13: Delete all material. Representative Croft moved and asked unanimous consent that Amendment No. 3 be adopted. 1999-04-22 House Journal Page 0924 SB 99 Objection was heard. Amendment to Amendment No. 3 was offered by Representative Croft: Change "Page 4, line 13" to: "Page 4, line 3" Representative Croft moved and asked unanimous consent that Amendment to Amendment No. 3 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: HCS CSSB 99(JUD) am H Second Reading Amendment No. 3 as amended YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Smalley, Whitaker, Williams Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault Excused: Masek And so, Amendment No. 3 as amended was not adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 5, lines 17 - 19: Delete all material. Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Green objected. 1999-04-22 House Journal Page 0925 SB 99 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 99(JUD) am H Second Reading Amendment No. 4 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Masek And so, Amendment No. 4 was not adopted. Representative Green moved and asked unanimous consent that HCS CSSB 99(JUD) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 99(JUD) am H was read the third time. The question being: "Shall HCS CSSB 99(JUD) am H pass the House?" The roll was taken with the following result: HCS CSSB 99(JUD) am H Third Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams 1999-04-22 House Journal Page 0926 SB 99 Nays: Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Morgan, Moses, Smalley Excused: Masek And so, HCS CSSB 99(JUD) am H passed the House. Representative Green moved and asked unanimous consent that the effective date clause be adopted. There being no objection, it was so ordered. Representative Berkowitz gave notice of reconsideration of his vote on HCS CSSB 99(JUD) am H. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 50 A message dated April 22, 1999, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." with the following amendment with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 50(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." CSHB 50(FIN)(brf sup maj fld) is under Unfinished Business. 1999-04-22 House Journal Page 0927 HB 51 A message dated April 22, 1999, was read stating the Senate has passed CSHB 51(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." CSHB 51(FIN) is under Unfinished Business. CONCUR IN SENATE AMENDMENTS HB 50 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 926) on the following at this time: CS FOR HOUSE BILL NO. 50(FIN)(brf sup maj fld) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 50(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." (technical title change) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 50(FIN)(brf sup maj fld), thus adopting SCS CSHB 50(FIN) am S, and recommended that the members vote no. 1999-04-22 House Journal Page 0928 HB 50 The question being: "Shall the House concur in the Senate amendment to CSHB 50(FIN)(brf sup maj fld)?" The roll was taken with the following result: SCS CSHB 50(FIN) am S Concur YEAS: 0 NAYS: 33 EXCUSED: 1 ABSENT: 6 Nays: Austerman, Berkowitz, Brice, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Masek Absent: Barnes, Bunde, Cissna, James, Kapsner, Kohring And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 50(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, 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 Mulder, Chair Representative Therriault Representative Grussendorf The Speaker stated that Uniform Rule 23(d) will be in effect with the appointment of a Conference Committee to consider the operating budget. HB 51 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 927) on the following at this time: 1999-04-22 House Journal Page 0929 HB 51 CS FOR HOUSE BILL NO. 51(FIN) "An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 51(FIN) am S (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 51(FIN), thus adopting SCS CSHB 51(FIN) amS, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 51(FIN)?" The roll was taken with the following result: SCS CSHB 51(FIN) am S Concur YEAS: 0 NAYS: 35 EXCUSED: 1 ABSENT: 4 Nays: Austerman, Barnes, Berkowitz, Brice, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kookesh, Kott, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Masek Absent: Bunde, Cissna, James, Kapsner And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 51(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. 1999-04-22 House Journal Page 0930 HB 51 In the event the Senate fails to recede from its amendment, 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 Mulder, Chair Representative Therriault Representative Grussendorf CONSIDERATION OF THE DAILY CALENDAR (Continued) THIRD READING OF HOUSE BILLS HB 96 The following, which was advanced to third reading from the April 21, 1999, calendar (page 902), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 96(FIN) "An Act relating to deposits to the Alaska permanent fund from mineral lease rentals, royalties, royalty sale proceeds, net profit shares under AS 38.05.180(f) and (g), federal mineral revenue sharing payments received by the state from mineral leases, and bonuses received by the state from mineral leases, and limiting deposits from those sources to the 25 percent required under art. IX, sec. 15, Constitution of the State of Alaska; and providing for an effective date." The question being: "Shall CSSSHB 96(FIN) pass the House?" The roll was taken with the following result: CSSSHB 96(FIN) Third Reading Final Passage YEAS: 24 NAYS: 11 EXCUSED: 1 ABSENT: 4 1999-04-22 House Journal Page 0931 HB 96 Yeas: Austerman, Barnes, Bunde, Cissna, Cowdery, Davies, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, Kott, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Coghill, Croft, Grussendorf, Joule, Kerttula, Kohring, Kookesh, Ogan, Smalley Excused: Masek Absent: James, Kapsner, Kemplen, Moses Davies changed from "Nay" to "Yea". Kerttula changed from "Yea" to "Nay". And so, CSSSHB 96(FIN) passed the House. Representative Green moved and asked unanimous consent that the effective date clause be adopted. There being no objection, it was so ordered. CSSSHB 96(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 7 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 7 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 99, relating to the decennial census of the United States and prohibiting the use of estimates or adjusted census figures in redistricting. The question being: "Shall HCR 7 pass the House?" The roll was taken with the following result: 1999-04-22 House Journal Page 0932 HCR 7 HCR 7 Second Reading Final Passage YEAS: 24 NAYS: 9 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, Kohring, Kott, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule, Kerttula, Kookesh Excused: Masek Absent: James, Kapsner, Kemplen, Moses, Ogan, Smalley And so, lacking the necessary 27 votes, HCR 7 failed to pass the House. Representative Mulder gave notice of reconsideration of his vote on HCR 7(fld H). LEGISLATIVE CITATIONS Representative Green 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 - Jack & Margaret Ward, 54th Wedding Anniversary By Representatives Sanders, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Ogan, Rokeberg, Smalley, Therriault, Williams 1999-04-22 House Journal Page 0933 Honoring - Donald and Dorothy Wilcox, 50th Anniversary By Representatives Berkowitz, Porter, Austerman, Barnes, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - A Funny Thing Happened on the Way to the Forum By Senator Pearce; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS Representative Green moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Austerman - from 8:00 a.m., May 4 to 5:00 p.m., May4, 1999 Representative Kapsner - from 2:29 p.m., April 22 to 1:20 p.m., plane time, April 26, 1999 HB 3 Representatives Smalley and James added their names as cosponsors to: CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to controlled substances and to the possession of certain chemicals." HB 136 Representative Halcro added his name as cosponsor to: HOUSE BILL NO. 136 "An Act relating to tourism and tourism marketing; eliminating the Alaska Tourism Marketing Council; and providing for an effective date." 1999-04-22 House Journal Page 0934 HB 176 Representative James added her name as cosponsor to: HOUSE BILL NO. 176 "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions; and amending Rules 79 and 82, Alaska Rules of Civil Procedure, and Rule 508, Alaska Rules of Appellate Procedure." HB 210 Representative Smalley added his name as cosponsor to: HOUSE BILL NO. 210 "An Act relating to establishing a disciplinary and safety program in public schools; and providing for an effective date." SB 102 Representative Halcro added his name as cross sponsor to: SENATE BILL NO. 102 "An Act designating the State Trooper Bruce A. Heck Memorial Corridor." ENGROSSMENT HB 3 CSHB 3(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 57 CSHB 57(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 96 CSSSHB 96(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1999-04-22 House Journal Page 0935 ENROLLMENT HB 128 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:11 a.m., April 22, 1999: CS FOR HOUSE BILL NO. 128(RLS) "An Act relating to lease-purchases of personal property." ANNOUNCEMENTS House committee schedules are published daily under separate cover. With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 22, 1999. Submit written notice of a meeting by 4:00 p.m. to the Chief Clerk's office for publication in the next day's committee schedule. Conference Committee Capitol 532 3:30 p.m., 4/23 HB 50 OPERATING BUDGET APPROPRIATIONS HB 51 MENTAL HEALTH APPROPRIATIONS ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 23, 1999. There being no objection, the House adjourned at 12:41 p.m. Suzi Lowell Chief Clerk