Legislature(1999 - 2000)

1999-04-27 House Journal

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1999-04-27                     House Journal                      Page 1017
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                      Tuesday             April 27, 1999         
                                                                               
                               Ninety-ninth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:06 a.m.                                                           
                                                                               
Roll call showed 37 members present.  Representatives Barnes, Brice            
and Therriault were absent and their presence was noted later.                 
                                                                               
                                                                               
The invocation was offered by the Chaplain, Envoy Craig Fanning of             
the Salvation Army.  Representative Hudson moved and asked                     
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Father God,                                                                   
                                                                               
Hear our prayer this morning, as we come into Your presence.                  
Grant to this legislative body the confidence to stand for their               
principles and the power to argue for what is right.  Give to                  
them knowledge of Your will for our State, empowering them                     
to be Your workmen.                                                            
                                                                               
	This we ask in the name of the Father.  Amen                                  
                                                                               
The Pledge of Allegiance was led by Representative Davis.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 98th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     

1999-04-27                     House Journal                      Page 1018
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 27                                                                        
A message dated April 26, 1999, was read stating the Senate has                
passed CSHB 27(HES) with the following amendment and it is                     
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 27(FIN)                                   
"An Act relating to financial aid received for medical education              
and financial aid received by students participating in the Western            
Interstate Commission on Higher Education Professional Student                 
Exchange Program; relating to the Western Regional Higher                      
Education Compact; and providing for an effective date."                       
                                                                               
CSHB 27(HES) is under Unfinished Business.                                     
                                                                               
                                                                               
HB 50                                                                        
A message dated April 26, 1999, was read stating the President has             
granted limited powers of free conference to the Senate members of             
the Conference Committee considering:                                          
                                                                               
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)                                                      
                                                                               
The Speaker had previously granted the limited powers of free                  
conference as requested and the specific points for which limited              
powers were granted are on page 978.                                           
                                                                               

1999-04-27                     House Journal                      Page 1019
HB 51                                                                        
A message dated April 26, 1999, was read stating the President has             
granted limited powers of free conference to the Senate members of             
the Conference Committee considering:                                          
                                                                               
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)                                                                  
                                                                               
The Speaker had previously granted the limited powers of free                  
conference as requested and the specific points for which limited              
powers were granted are on page 978.                                           
                                                                               
                                                                               
FIRST READING AND REFERENCE                                                   
                             OF SENATE RESOLUTIONS                            
                                                                               
Messages dated April 23 and 26, 1999, were read stating the Senate             
has passed the following, and they are transmitted for consideration:          
                                                                               
SJR 20                                                                       
CS FOR SENATE JOINT RESOLUTION NO. 20(RES) by the Senate                       
Resources Committee:                                                           
                                                                               
Relating to the removal of beaver from Washington, D.C.                       
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 93                                                                        
CS FOR SENATE BILL NO. 93(FIN) by the Senate Finance                           
Committee, entitled:                                                           

1999-04-27                     House Journal                      Page 1020
SB 93                                                                        
"An Act relating to the purposes of certain businesses and                    
corporations; relating to the names of businesses and                          
organizations; relating to the registration under the Alaska                   
Trademark Act of marks that resemble the name of another                       
business or organization; and providing for an effective date."                
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
SB 107                                                                       
CS FOR SENATE BILL NO. 107(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act relating to tourism and tourism marketing; eliminating the            
Alaska Tourism Marketing Council; and providing for an effective               
date."                                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
SB 141                                                                       
CS FOR SENATE BILL NO. 141(L&C) by the Senate Labor &                          
Commerce Committee, entitled:                                                  
                                                                               
"An Act relating to construction contracts and subcontractors;                
relating to design-build construction contracts; and providing for             
an effective date."                                                            
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report was received:                                             
                                                                               
Alaska Commission on Judicial Conduct                                          
1998 Annual Report                                                             
                                                                               

1999-04-27                     House Journal                      Page 1021
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Labor & Commerce Committee has reviewed the qualifications of              
the following and recommends the appointments be forwarded to a                
joint session for consideration:                                               
                                                                               
                           Kenneth L. Crooks, D.D.S.                           
                                                                               
as a member of the Board of Dental Examiners; and                              
                                                                               
Linda L. Freed                                                                 
Eleanor F. Oakley                                                              
Larry Spencer                                                                  
                                                                               
as members of the Real Estate Commission.                                      
                                                                               
The reports were signed by Representative Rokeberg, Chair;                     
Representative Halcro, Vice-chair; and Representatives Sanders, Harris,        
Cissna, Murkowski and Brice.                                                   
                                                                               
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.                                                      
                                                                               
HJR 3                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 3                                                  
Proposing an amendment to the Constitution of the State of Alaska             
relating to initiatives regarding natural resources belonging to the           
state.                                                                         
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (3):  Bunde, Kohring, Foster                                           
                                                                               
Do not pass (2):  Davies, Grussendorf                                          
                                                                               
No recommendation (3):  Mulder, Austerman, Williams                            
                                                                               

1999-04-27                     House Journal                      Page 1022
HJR 3                                                                        
Amend (2):  Therriault, Davis                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Office of the Governor, 3/5/99                                    
                                                                               
HJR 3 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
HJR 25                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 25                                                 
Proposing an amendment to the Constitution of the State of Alaska             
relating to a petition for an initiative or referendum regarding fish          
or wildlife.                                                                   
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 25(JUD)                                     
Proposing an amendment to the Constitution of the State of Alaska             
prohibiting initiatives providing for the utilization, development,            
or conservation of fish or wildlife.                                           
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (2):  Kohring, Foster                                                  
                                                                               
Do not pass (2):  Davies, Grussendorf                                          
                                                                               
No recommendation (5):  Therriault, Bunde, Austerman, Davis,                   
Williams                                                                       
                                                                               
Amend (1):  Mulder                                                             
                                                                               
The following fiscal note applies to CSHJR 25(JUD):                            
                                                                               
Fiscal note, Office of the Governor, 3/16/99                                   
                                                                               

1999-04-27                     House Journal                      Page 1023
HJR 25                                                                       
HJR 25 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 67                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 67                                                             
"An Act relating to release of certain persons alleged to have                
committed certain sexual offenses."                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 67(JUD)                                                 
	(same title)                                                                  
                                                                               
The report was signed by Representative Therriault, Co-chair, with the         
following individual recommendations:                                          
                                                                               
Do pass (5):  Therriault, Bunde, Kohring, Davies, Grussendorf                  
                                                                               
No recommendation (2):  Davis, Williams                                        
                                                                               
The following fiscal notes apply to CSHB 67(JUD):                              
                                                                               
Forthcoming fiscal note(s)                                                     
Indeterminate fiscal note, Dept. of Corrections, 4/16/99                       
                                                                               
HB 67 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 151                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 151                                                            
"An Act relating to revocation and reinstatement of the driver's              
license of a person at least 14 but not yet 21 years of age."                  
                                                                               
and recommends it be replaced with:                                            

1999-04-27                     House Journal                      Page 1024
HB 151                                                                       
CS FOR HOUSE BILL NO. 151(JUD)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (2):  Rokeberg, Kott                                                   
                                                                               
No recommendation (1):  Kerttula                                               
                                                                               
Amend (1):  Murkowski                                                          
                                                                               
The following fiscal note applies to CSHB 151(JUD):                            
                                                                               
Zero fiscal note, Dept. of Law, 4/27/99                                        
                                                                               
HB 151 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
**The presence of Representative Therriault was noted.                         
                                                                               
SJR 8                                                                        
The Judiciary Committee has considered:                                        
                                                                               
SENATE JOINT RESOLUTION NO. 8                                                 
Relating to the 2000 decennial United States census and to the                
development of redistricting data for use by the state in legislative          
redistricting.                                                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD)                               
	(same title)                                                                  
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Murkowski, Green, Kott, James, Rokeberg                          
                                                                               
No recommendation (1):  Kerttula                                               

1999-04-27                     House Journal                      Page 1025
SJR 8                                                                        
The following fiscal note applies to HCS SJR 8(JUD):                           
                                                                               
Senate zero fiscal note, Senate State Affairs Committee, 3/12/99               
                                                                               
SJR 8 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
SB 50                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
SENATE BILL NO. 50 am                                                         
"An Act relating to certain boiler and pressure vessel inspections            
and inspectors; and providing for an effective date."                          
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (1):  Rokeberg                                                         
                                                                               
No recommendation (5):  Halcro, Brice, Cissna, Harris, Murkowski               
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate fiscal note, Dept. of Labor, 2/19/99                                    
                                                                               
SB 50 am was referred to the Finance Committee.                                
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
The House Special Committee on Fisheries has reviewed the                      
qualifications of the following and recommends the appointments be             
forwarded to a joint session for consideration:                                
                                                                               
                                Grant J. Miller                                
                              Virgil L. Umphenour                              
                                                                               
as members of the Board of Fisheries.                                          
                                                                               
The reports were signed by Representative Hudson, Chair; and                   
Representatives Morgan, Dyson, Harris and Smalley.                             

1999-04-27                     House Journal                      Page 1026
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
In Memoriam - June L. King                                                     
By Representative Smalley                                                      
                                                                               
In Memoriam - Alice Superman                                                   
By Representative Smalley                                                      
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 39                                                                       
HOUSE JOINT RESOLUTION NO. 39 by Representatives Austerman,                    
Hudson and Harris:                                                             
                                                                               
Urging the United States government to purchase surplus pink                  
salmon for aid packages to the Balkans.                                        
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries.                                                                  
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 203                                                                       
2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 203 by                                
Representatives Harris and James, entitled:                                    
                                                                               
"An Act relating to loans from the agricultural revolving loan                
fund; and providing for an effective date."                                    
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 213                                                                       
HOUSE BILL NO. 213 by the House Health, Education & Social                     
Services Committee, entitled:                                                  

1999-04-27                     House Journal                      Page 1027
HB 213                                                                       
"An Act relating to the medical use of marijuana; and providing               
for an effective date."                                                        
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Judiciary Committees.                                             
                                                                               
HB 214                                                                       
HOUSE BILL NO. 214 by Representative Mulder, entitled:                         
                                                                               
"An Act relating to litigation involving correctional facilities; and         
amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil                 
Procedure."                                                                    
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 84                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 84                                                             
"An Act relating to international airports revenue bonds; and                 
providing for an effective date."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT 3DP 3NR                                                   361         
	FISCAL NOTE (REV) 2/10/99                                         362         
	FIN RPT  4DP 6NR                                                  808         
	FISCAL NOTE (REV) 2/10/99                                         809         
                                                                               
                                                                               
Representative Green moved and asked unanimous consent that HB 84              
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
HB 84 was read the third time.                                                 

1999-04-27                     House Journal                      Page 1028
HB 84                                                                        
The question being:  "Shall HB 84 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
HB 84                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  1   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill,                   
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula,              
Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski,               
Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker,            
Williams                                                                       
                                                                               
Nays:  Ogan                                                                    
                                                                               
Absent:  Brice                                                                 
                                                                               
And so, HB 84 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.           
                                                                               
HB 84 was referred to the Chief Clerk for engrossment.                         
                                                                               
                                                                               
HB 131                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 131                                                            
"An Act relating to public rights-of-way and easements for surface            
transportation across the Anchorage Coastal Wildlife Refuge."                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT 5DP 2NR                                                   646         
	INDETERMINATE FISCAL NOTE (DOT)                                   647         
	2 ZERO FISCAL NOTES (F&G, DNR)                                    647         
	FIN RPT  4DP 1DNP 5NR                                             910         

1999-04-27                     House Journal                      Page 1029
HB 131                                                                       
	INDETERMINATE FISCAL NOTE (DOT) 4/1/99                            910         
	2 ZERO FISCAL NOTES (F&G, DNR) 4/1/99                             910         
                                                                               
Representative Green moved and asked unanimous consent that                    
HB131 be considered engrossed, advanced to third reading and placed            
on final passage.                                                              
                                                                               
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that HB 131 will be in third reading on the                 
April28, 1999, calendar.                                                       
                                                                               
                                                                               
HB 189                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 189                                                            
"An Act authorizing the Alaska Housing Finance Corporation to                 
acquire the building that it occupies for an amount that does not              
exceed $6,650,000; and providing for an effective date."                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) 10DP                                             879         
	FISCAL NOTE (REV)                                                 879         
                                                                               
                                                                               
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. 189(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
189(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 189(FIN) was read the third time.                                         
                                                                               

1999-04-27                     House Journal                      Page 1030
HB 189                                                                       
The question being:  "Shall CSHB 189(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 189(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  1   EXCUSED:  0   ABSENT:  4                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Bunde, Cissna, Coghill,                   
Cowdery, Croft, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson,           
James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek,                 
Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg,                  
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Nays:  Ogan                                                                    
                                                                               
Absent:  Brice, Foster, Grussendorf, Kerttula                                  
                                                                               
And so, CSHB 189(FIN) 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 189(FIN) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 146                                                                       
The following, which was advanced to third reading from the April 26,          
1999, calendar (page 1006), was read the third time:                           
                                                                               
CS FOR HOUSE BILL NO. 146(JUD)                                                
"An Act relating to civil liability for commercial recreational               
activities; and providing for an effective date."                              
                                                                               
**The presence of Representative Brice was noted.                              
                                                                               
The question being:  "Shall CSHB 146(JUD) pass the House?"  The                
roll was taken with the following result:                                      

1999-04-27                     House Journal                      Page 1031
HB 146                                                                       
                                                                               
CSHB 146(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  2   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery,              
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh,              
Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips,                 
Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams             
                                                                               
Nays:  Berkowitz, Kerttula                                                     
                                                                               
And so, CSHB 146(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.           
                                                                               
Representative Berkowitz gave notice of reconsideration of his vote on         
CSHB 146(JUD).                                                                 
                                                                               
HB 201                                                                       
The following, which was advanced to third reading from the April 26,          
1999, calendar (page 1006), was read the third time:                           
                                                                               
CS FOR HOUSE BILL NO. 201(FIN)                                                
"An Act relating to the computation of overtime; and providing for            
an effective date."                                                            
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
CSHB 201(FIN) be returned to second reading for the specific purpose           
of considering Amendment No. 1.  There being no objection, it was so           
ordered.                                                                       
                                                                               
Amendment No. 1 was offered  by Representative Rokeberg:                        
                                                                               
Page 2, lines 16 - 21:                                                         
	Delete "An employee is entitled to overtime for hours worked in               
excess of                                                                      

1999-04-27                     House Journal                      Page 1032
HB 201                                                                       
		(1)  eight hours a day; or                                                  
		(2)  40 hours a week; the number of hours worked in a                       
week under this paragraph shall be determined without including                
hours that are worked in excess of eight hours in a day."                      
	Insert "An employee is entitled to overtime compensation for hours            
worked in excess of eight hours a day.  An employee is also entitled           
to overtime compensation for hours worked in excess of 40 hours a              
week; in determining whether an employee has worked more than 40               
hours a week, the number of hours worked shall be determined without           
including hours that are worked in excess of eight hours in a day              
because the employee has or will be separately awarded overtime                
compensation based on those hours."                                            
                                                                               
Representative Rokeberg moved and asked unanimous consent that                 
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The question being:  "Shall CSHB 201(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 201(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill,                   
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula,              
Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski,               
Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault,                
Whitaker, Williams                                                             
                                                                               
Nays:  Bunde                                                                   
                                                                               
And so, CSHB 201(FIN) am 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 201(FIN) am was referred to the Chief Clerk for engrossment.              

1999-04-27                     House Journal                      Page 1033
                            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 - Charles H. Benson, Jr.                                              
By Representatives Kemplen, Croft, Porter, Austerman, Berkowitz,               
Brice, Cissna, Davies, Davis, Dyson, Grussendorf, Hudson, James,               
Joule, Kerttula, Kott, Mulder, Rokeberg, Sanders, Smalley, Therriault,         
Williams; Senator Ellis                                                        
                                                                               
Honoring - Annie Swanson Hatch, 100th Birthday Celebration                     
By Representatives Davis, Porter, Austerman, Berkowitz, Brice, Bunde,          
Cissna, Coghill, Cowdery, Croft, Davies, Dyson, Foster, Green,                 
Grussendorf, Harris, Hudson, James, Joule, Kemplen, Kerttula,                  
Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg,            
Sanders, Smalley, Therriault, Williams                                         
                                                                               
                                                                               
Honoring - Unalaska 'Raiders' Girls Basketball Team                            
By Representatives Moses, Porter, Austerman, Berkowitz, Brice,                 
Bunde, Cissna, Croft, Davies, Davis, Dyson, Green, Grussendorf,                
Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula, Kohring,              
Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley,             
Therriault, Williams; Senator Hoffman                                          
                                                                               
Honoring - Tela O'Donnell, U.S. Girls Wrestling Association National           
Championship                                                                   
By Senator Torgerson; Representatives Porter, Austerman, Berkowitz,            
Brice, Bunde, Cissna, Croft, Davies, Davis, Dyson, Green,                      
Grussendorf, Halcro, Harris, Hudson, James, Joule, Kemplen, Kerttula,          
Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders,             
Smalley, Therriault, Williams                                                  
                                                                               
                                                                               
In Memoriam - Sharlene Locoshonas                                              
By Representatives Kemplen, Porter, Austerman, Berkowitz, Brice,               
Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Hudson,              
James, Joule, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips,             
Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Ellis                
                                                                               

1999-04-27                     House Journal                      Page 1034
                             UNFINISHED BUSINESS                             
                                                                               
HB 16                                                                        
The Speaker waived the State Affairs Committee referral for the                
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 16                                                             
"An Act transferring to the Department of Health and Social                   
Services the authority to license all assisted living facilities;              
eliminating the authority of the Department of Administration to               
license assisted living facilities; and providing for an effective             
date."                                                                         
                                                                               
HB 16 was removed from the State Affairs Committee and referred to             
the Health, Education & Social Services Committee.                             
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 133                                                                       
Representative Kerttula brought up reconsideration of the vote on              
CSHB 133(FIN) (page 1007).                                                     
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 133(FIN)                                                
"An Act relating to municipal service areas and providing for voter           
approval of the formation, alteration, or abolishment of certain               
service areas; and providing for an effective date."                           
                                                                               
The question to be reconsidered:  "Shall CSHB 133(FIN) pass the                
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 133(FIN)--RECONSIDERATION                                                 
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  22   NAYS:  17   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Brice, Bunde, Coghill, Cowdery, Davis, Dyson,                
Foster, Green, Halcro, Harris, Hudson, James, Kohring, Morgan,                 
Murkowski, Ogan, Phillips, Rokeberg, Therriault, Whitaker, Williams            
                                                                               

1999-04-27                     House Journal                      Page 1035
HB 133                                                                       
Nays:  Barnes, Berkowitz, Cissna, Croft, Davies, Grussendorf, Joule,           
Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Porter,              
Sanders, Smalley                                                               
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, CSHB 133(FIN) passed the House on reconsideration.                     
                                                                               
Representative Green moved the effective date clause.                          
                                                                               
The question to be reconsidered:  "Shall the effective date clause be          
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 133(FIN)--RECONSIDERATION                                                 
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  26   NAYS:  13   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Bunde, Coghill, Cowdery, Davis, Dyson, Foster,               
Green, Grussendorf, Halcro, Harris, Hudson, James, Kohring, Kott,              
Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Therriault, Whitaker, Williams                                                 
                                                                               
Nays:  Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Joule, Kapsner,        
Kemplen, Kerttula, Kookesh, Sanders, Smalley                                   
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted on reconsideration.                                                
                                                                               
The new title appears below:                                                   
                                                                               
CS FOR HOUSE BILL NO. 133(FIN)(efd fld)                                       
"An Act relating to municipal service areas and providing for voter           
approval of the formation, alteration, or abolishment of certain               
service areas."                                                                
                                                                               
CSHB 133(FIN)(efd fld) was referred to the Chief Clerk for                     
engrossment.                                                                   
                                                                               

1999-04-27                     House Journal                      Page 1036
                             UNFINISHED BUSINESS                             
                                                                               
HB 208                                                                       
The Speaker waived the Health, Education & Social Services                     
Committee referral for the following at the request of Representative          
Dyson, Co-chair:                                                               
                                                                               
HOUSE BILL NO. 208                                                            
"An Act relating to professional counselors; and providing for an             
effective date."                                                               
                                                                               
HB 208 was removed from the Health, Education & Social Services                
Committee and referred to the Labor & Commerce Committee.                      
                                                                               
                                                                               
                         CONCUR IN SENATE AMENDMENTS                         
                                                                               
HB 27                                                                        
Representative Green moved and asked unanimous consent that the                
House consider the Senate message (page 1018) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 27(HES)                                                 
"An Act relating to financial aid received for medical education              
and financial aid received by students participating in the Western            
Interstate Commission on Higher Education Professional Student                 
Exchange Program; relating to the Western Regional Higher                      
Education Compact; and providing for an effective date."                       
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 27(FIN)                                   
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved that the House concur in the Senate                 
amendment to CSHB 27(HES), thus adopting SCS CSHB 27(FIN), and                 
recommended that the members vote yes.                                         
                                                                               
The question being: "Shall the House concur in the Senate amendment            
to CSHB 27(HES)?"  The roll was taken with the following result:               

1999-04-27                     House Journal                      Page 1037
HB 27                                                                        
                                                                               
SCS CSHB 27(FIN)                                                               
Concur                                                                         
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  0   ABSENT:  1                              
                                                                               
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, Masek, Morgan, Mulder, Murkowski, Ogan,                
Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker,            
Williams                                                                       
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 27(FIN).                                                              
                                                                               
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.           
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 27(FIN) was referred to the Chief Clerk for enrollment.               
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HCR 8                                                                        
Representative Hudson added his name as cosponsor to:                          
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 8                                             
Urging the Alaska Railroad Corporation to select an Alaska                    
company for the design and construction of three rail barges and               
the charter and operation of tugboats for service between Seattle              
and Alaska as indicated in the Request for Proposal 99-13-18685.               
                                                                               
                                                                               
HB 34                                                                        
Representative Davies added his name as cosponsor to:                          
                                                                               

1999-04-27                     House Journal                      Page 1038
HB 34                                                                        
HOUSE BILL NO. 34                                                             
"An Act relating to the crime of misprision of a crime against a              
child."                                                                        
                                                                               
HB 151                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 151                                                            
"An Act relating to revocation and reinstatement of the driver's              
license of a person at least 14 but not yet 21 years of age."                  
                                                                               
HB 180                                                                       
Representative Dyson added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 180                                                            
"An Act relating to the possession, manufacture, use, display, or             
delivery of controlled substances while children are present."                 
                                                                               
HB 192                                                                       
Representative Coghill added his name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 192                                                            
"An Act relating to reciting the pledge of allegiance by public               
school students."                                                              
                                                                               
SB 9                                                                         
Representative Davies added his name as cross sponsor to:                      
                                                                               
CS FOR SENATE BILL NO. 9(HES)                                                 
"An Act relating to the calculation of employee contributions and             
credited service in the public employees' retirement system for                
noncertificated employees of school districts, regional educational            
attendance areas, the special education service agency, the Alaska             
Vocational Technical Center, and the state boarding schools; and               
providing for an effective date."                                              
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 84                                                                        
HB 84 was engrossed, signed by the Speaker and Chief Clerk and                 
transmitted to the Senate for consideration.                                   

1999-04-27                     House Journal                      Page 1039
HB 133                                                                       
CSHB 133(FIN)(efd fld) was engrossed, signed by the Speaker and                
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
HB 189                                                                       
CSHB 189(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
HB 201                                                                       
CSHB 201(FIN) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                  ENROLLMENT                                 
                                                                               
HCR 7                                                                        
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 2:40 p.m.,            
April 26, 1999:                                                                
                                                                               
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.                      
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Minority Caucus                                        4:00 p.m., 4/27         
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., April 28, 1999.  There being no                
objection, the House adjourned at 11:32 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk