Legislature(1999 - 2000)

1999-05-04 House Journal

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1999-05-04                     House Journal                      Page 1149
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                      Tuesday                May 4, 1999         
                                                                               
                            One Hundred Sixth Day                            
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:06 a.m.                                                           
                                                                               
                                                                               
Roll call showed 32 members present.  Representatives Austerman,               
Bunde, Joule, Kapsner and Kookesh had been previously excused from             
a call of the House today.   Representatives Barnes, Croft and James           
were absent and their presence was noted later.                                
                                                                               
                                                                               
The invocation was offered by Pastor Richard Green of the Glacier              
Valley Church of God.  Representative Green moved and asked                    
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Father we give thanks to You.  Thank You for the safe return                  
of the war prisoners, for blessing us with prosperity, for life                
and health, for family and friends, for the continual supply of                
Your grace, and for meeting our needs.  Thank You for the                      
people who are involved in public service who minister to us                   
for good.  We worship You today not only with the sacrifice                    
of praise from our voices, but also through the sacrificial                    
giving of ourselves in service to others.  Now we ask for Your                 
guidance and direction, we seek Your counsel and wisdom,                       
and we accept Your gifts of grace and mercy that we might                      
have all sufficiency in all things to abound in every good                     
work to the praise of Your glory.  Amen                                        
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Williams.                   

1999-05-04                     House Journal                      Page 1150
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Green moved and asked unanimous consent that the                
journal for the 105th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
SB 57                                                                        
A message dated May 3, 1999, was read stating the Senate has                   
concurred in the House amendment to CSSB 57(FIN), thus adopting:               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 57(JUD)                                   
"An Act relating to vulnerable adults; and providing for an                   
effective date."                                                               
                                                                               
SB 33                                                                        
A message dated May 3, 1999, was read stating the Senate has failed            
to concur in the House amendment to:                                           
                                                                               
CS FOR SENATE BILL NO. 33(FIN)                                                
"An Act relating to contracts for the performance of certain state            
functions previously performed by state employees and to the                   
Commission on Privatization and Delivery of Government                         
Services; and providing for an effective date."                                
                                                                               
namely,                                                                        
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H                              
	(same title)                                                                  
                                                                               
and respectfully requests the House to recede from its amendment.              
                                                                               
In the event the House fails to recede, the President appointed the            
following members to a Conference Committee to meet with a like                
committee from the House to consider the bills:                                
                                                                               
Senator Halford, Chair                                                         
Senator Pearce                                                                 
Senator Elton                                                                  

1999-05-04                     House Journal                      Page 1151
SB 33                                                                        
Representative Green moved that the House recede from its                      
amendment to CSSB 33(FIN), namely HCS CSSB 33(FIN) am H, and                   
recommended that the members vote no.                                          
                                                                               
The question being:  "Shall the House recede from its amendment to             
CSSB 33(FIN)?"  The roll was taken with the following result:                  
                                                                               
HCS CSSB 33(FIN) am H                                                          
Recede                                                                         
                                                                               
YEAS:  3   NAYS:  29   EXCUSED:  5   ABSENT:  3                              
                                                                               
Yeas:  Dyson, Grussendorf, Ogan                                                
                                                                               
Nays:  Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis,              
Foster, Green, Halcro, Harris, Hudson, Kemplen, Kerttula, Kohring,             
Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter,               
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
Absent:  Barnes, Croft, James                                                  
                                                                               
Cowdery changed from "Yea" to "Nay".                                           
                                                                               
And so, the House failed to recede.                                            
                                                                               
The Speaker appointed the following members to a Conference                    
Committee to meet with the like committee from the Senate to                   
consider the above bills:                                                      
                                                                               
Representative Cowdery                                                         
Representative Ogan                                                            
Representative Brice                                                           
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
A message dated May 3, 1999, was read stating the Senate has passed            
the following, and it is transmitted for consideration:                        

1999-05-04                     House Journal                      Page 1152
SB 45                                                                        
CS FOR SENATE BILL NO. 45(FIN) am by the Senate Finance                        
Committee, entitled:                                                           
                                                                               
"An Act providing that a person who grants certain conservation               
easements to the state or a municipality that provide public access            
for recreational purposes and the grantee of the easement are                  
immune from tort liability, other than gross negligence or reckless            
or intentional misconduct, for damages to a person who uses the                
easement under certain conditions; relating to the vacation by the             
state or a municipality of rights-of-way acquired by the state under           
former 43 U.S.C. 932; and providing for an effective date."                    
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
**The presence of Representatives Croft and James was noted.                   
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HCR 5                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 5                                             
Relating to extension of the James Dalton Highway to the Arctic               
Ocean.                                                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA)                                 
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (8):  Therriault, Mulder, Kohring, Davies, Grussendorf, Moses,         
Williams, Foster                                                               
                                                                               
No recommendation (1):  Davis                                                  
                                                                               
The following fiscal note applies to CSHCR 5(TRA):                             
                                                                               

1999-05-04                     House Journal                      Page 1153
HCR 5                                                                        
Zero fiscal note, House Transportation Committee/Dept. of Natural              
Resources, 4/23/99                                                             
                                                                               
HCR 5 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HJR 23                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE JOINT RESOLUTION NO. 23                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to the community development fund, the permanent fund,                
and the budget reserve fund.                                                   
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 23(CRA)                                     
(same title)                                                                  
                                                                               
The report was signed by Representative Halcro, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (2):  Morgan, Murkowski                                                
                                                                               
No recommendation (3):  Dyson, Harris, Halcro                                  
                                                                               
The following fiscal notes apply to CSHJR 23(CRA):                             
                                                                               
Fiscal note, Office of the Governor, 5/4/99                                    
Zero fiscal note, Dept. of Community & Regional Affairs, 5/4/99                
                                                                               
HJR 23 was referred to the Judiciary Committee.                                
                                                                               
HB 212                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 212                                                            
"An Act relating to unlawful trade practices and antitrust                    
activities."                                                                   
                                                                               

1999-05-04                     House Journal                      Page 1154
HB 212                                                                       
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (2):  Murkowski, Kott                                                  
                                                                               
Do not pass (1):  Kerttula                                                     
                                                                               
No recommendation (3):  Croft, Green, Rokeberg                                 
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, House Judiciary Committee, 5/4/99                            
                                                                               
HB 212 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 214                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 214                                                            
"An Act relating to litigation involving correctional facilities; and         
amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil                 
Procedure."                                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 214(JUD)                                                
(same title)                                                                  
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  Therriault, Mulder, Kohring, Grussendorf, Moses,                 
Williams, Foster                                                               
                                                                               
Do not pass (1):  Davies                                                       
                                                                               
No recommendation (1):  Davis                                                  
                                                                               
The following fiscal note applies to CSHB 214(JUD):                            

1999-05-04                     House Journal                      Page 1155
HB 214                                                                       
Indeterminate fiscal note, Dept. of Corrections, 5/3/99                        
                                                                               
HB 214 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 215                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
HOUSE BILL NO. 215                                                            
"An Act making an appropriation to the Department of                          
Community and Regional Affairs for renters' tax equivalency                    
payments; and providing for an effective date."                                
                                                                               
The report was signed by Representative Halcro, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (3):  Dyson, Morgan, Murkowski                                         
                                                                               
No recommendation (2):  Harris, Halcro                                         
                                                                               
HB 215 was referred to the Finance Committee.                                  
                                                                               
HB 217                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 217                                                            
"An Act relating to obligations and payments to the state under               
fishery cooperative contracts; and providing for an effective date."           
                                                                               
The report was signed by Representatives Therriault and Mulder, Co-            
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  Therriault, Mulder, Davies, Grussendorf, Moses,                  
Williams, Foster                                                               
                                                                               
No recommendation (1):  Kohring                                                
                                                                               
The following fiscal note applies:                                             
                                                                               
Fiscal note, Dept. of Revenue, 5/4/99                                          

1999-05-04                     House Journal                      Page 1156
HB 217                                                                       
HB 217 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
SB 88                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
CS FOR SENATE BILL NO. 88(FIN)                                                
"An Act relating to licensure of dietitians and nutritionists; and            
providing for an effective date."                                              
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (6):  Sanders, Harris, Halcro, Cissna, Murkowski, Rokeberg             
                                                                               
No recommendation (1):  Brice                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate fiscal note, Dept. of Commerce & Economic Development,                  
4/7/99                                                                         
                                                                               
CSSB 88(FIN) 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 appointment be              
forwarded to a joint session for consideration:                                
                                                                               
                                 Dan K. Coffey                                 
                                                                               
as a member of the Board of Fisheries.                                         
                                                                               
The report was signed by Representative Hudson, Chair; and                     
Representatives Whitaker, Harris, Morgan and Smalley.                          
                                                                               
The report did not reflect an intent by any of the members to vote for         
or against the named individual during any further sessions for the            
purposes of confirmation.                                                      

1999-05-04                     House Journal                      Page 1157
SB 146                                                                       
The House Special Committee on Fisheries has considered:                       
                                                                               
CS FOR SENATE BILL NO. 146(FIN) am                                            
"An Act relating to the amount and disposition of the commercial              
fishing license fee and to the fishermen's fund; and providing for             
an effective date."                                                            
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (2):  Whitaker, Hudson                                                 
                                                                               
No recommendation (2):  Morgan, Harris                                         
                                                                               
Amend (1):  Smalley                                                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Senate fiscal note, Dept. of Labor, 4/27/99                                    
Senate fiscal note, Dept. of Fish & Game, 4/22/99                              
                                                                               
CSSB 146(FIN) am was referred to the Finance Committee.                        
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Wells M. Stephenson                                                 
By Representatives Dyson, Kott; Senators Halford, Phillips                     
                                                                               
Honoring - Callan Chythlook                                                    
By Representative Kapsner                                                      
                                                                               
Honoring - Douglas "Doug" Keil                                                 
By Representative Rokeberg; Senator Pearce                                     
                                                                               
Honoring - Katherine Peter, 1999 UAF Honorary Degree Recipient                 
By Senator Lincoln; Representative Morgan                                      
                                                                               

1999-05-04                     House Journal                      Page 1158
In Memoriam - Myron A. Stevens                                                 
By Representative Masek                                                        
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 219                                                                       
HOUSE BILL NO. 219 by the House Judiciary Committee by request,                
entitled:                                                                      
                                                                               
"An Act relating to the rule against perpetuities, nonvested                  
property interests, and powers of appointment; and providing for               
an effective date."                                                            
                                                                               
was read the first time and referred to the Judiciary Committee.               
HB 220                                                                       
HOUSE BILL NO. 220 by the House Judiciary Committee by request,                
entitled:                                                                      
                                                                               
"An Act relating to the amendment and revocation of spouses'                  
community property agreements and community property trusts;                   
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
HB 221                                                                       
HOUSE BILL NO. 221 by the House Judiciary Committee by request,                
entitled:                                                                      
                                                                               
"An Act relating to a trustee's duties to inform and account to               
beneficiaries; relating to the revocation, modification, termination,          
reformation, construction, and trustees of trusts; and relating to             
transfer restrictions in trusts."                                              
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               

1999-05-04                     House Journal                      Page 1159
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 110                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 110                                                            
"An Act relating to the sale, offer to sell, and labeling of fluid            
milk, meat, and meat products."                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) NT 5DP                                          1065         
	2 ZERO FISCAL NOTES (DNR, DEC)                                   1065         
	JUD REFERRAL WAIVED                                              1092         
                                                                               
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. 110(L&C)                                                
"An Act relating to the labeling of milk, cream, or any product or            
byproduct of milk or cream."                                                   
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
110(L&C) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
CSHB 110(L&C) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 110(L&C) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 110(L&C)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  5   ABSENT:  0                              

1999-05-04                     House Journal                      Page 1160
HB 110                                                                       
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft,              
Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, James, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan,                
Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders,           
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
And so, CSHB 110(L&C) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                        HOUSE BILLS IN SECOND READING                        
                                                                               
HB 13                                                                        
The following, which had been returned to the Rules Committee, and             
later referred to and reported out of the Finance Committee (page 423),        
was again before the House in second reading with Amendment to                 
Amendment No. 6 moved and pending:                                             
                                                                               
CS FOR HOUSE BILL NO. 13(L&C) am                                              
"An Act relating to the characterization of, use of, segregation of,          
deposit of, interest on, and disbursement of escrow money; relating            
to the recording, filing, and delivery of escrow documents; relating           
to civil penalties for violations of certain escrow provisions by              
escrow settlement agents; relating to the supervision by the                   
Department of Commerce and Economic Development of escrow                      
settlement agents; authorizing the adoption of regulations to                  
implement certain escrow provisions; and providing for an                      
effective date."                                                               
                                                                               
Representative Rokeberg moved and asked unanimous consent to                   
withdraw Amendment to Amendment No. 6.  There being no                         
objection, it was so ordered.                                                  
                                                                               
Representative Cissna moved and asked unanimous consent to                     
withdraw Amendment No. 6.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
Amendment Nos. 7 and 8 were not offered.                                       
                                                                               

1999-05-04                     House Journal                      Page 1161
HB 13                                                                        
Representative Green moved to rescind previous action in adopting              
Amendment Nos. 5, 4, 2, 1, and CSHB 13(L&C).                                   
                                                                               
The question being:  "Shall the House rescind previous action in               
adopting Amendment Nos. 5, 4, 2, 1, and CSHB 13(L&C)?"  The roll               
was taken with the following result:                                           
                                                                               
CSHB 13(L&C) am                                                                
Second Reading                                                                 
Rescind previous action/                                                       
Amendment Nos. 5,4,2,1 and L&C CS                                              
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  5   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft,              
Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, James, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan,                
Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders,           
Smalley, Whitaker, Williams                                                    
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
Absent:  Therriault                                                            
                                                                               
And so, the motion passed.                                                     
                                                                               
Representative Green moved to adopt Amendment Nos. 5, 4, 2, 1, and             
CSHB 13(L&C).                                                                  
                                                                               
The question being:  "Shall the House adopt Amendment Nos. 5, 4,               
2,1, and CSHB 13(L&C)?"  The roll was taken with the following                 
result:                                                                        
                                                                               
CSHB 13(L&C) am                                                                
Second Reading                                                                 
Amendment Nos. 5,4,2,1 and L&C CS                                              
                                                                               
YEAS:  0   NAYS:  30   EXCUSED:  5   ABSENT:  5                              
                                                                               
Nays:  Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft,              
Davies, Davis, Dyson, Foster, Green, Grussendorf, Harris, Hudson,              
James, Kemplen, Kerttula, Kohring, Kott, Morgan, Moses, Murkowski,             
Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker                   

1999-05-04                     House Journal                      Page 1162
HB 13                                                                        
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
Absent:  Halcro, Masek, Mulder, Therriault, Williams                           
                                                                               
And so, the motion failed and HB 13 was before the House in second             
reading:                                                                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) NT 6DP 5NR                                       423         
	ZERO FISCAL NOTE (H.FIN/DCED)                                     424         
                                                                               
                                                                               
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. 13(FIN)                                                 
"An Act relating to the characterization of, use of, segregation of,          
deposit of, interest on, and disbursement of escrow money; relating            
to the recording, filing, and delivery of escrow documents;                    
authorizing civil actions for violations of certain escrow                     
requirements; and providing for an effective date."                            
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative Berkowitz:                       
                                                                               
Page 3, following line 5:                                                      
	Insert "(4) money"                                                            
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 9 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
Representative Berkowitz moved and asked unanimous consent to                  
withdraw Amendment No. 9.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
                                                                               

1999-05-04                     House Journal                      Page 1163
HB 13                                                                        
Amendment No. 10 was offered  by Representative Berkowitz:                      
                                                                               
Page 1, lines 3 - 4 (title amendment):                                         
	Delete "authorizing civil actions for violations of certain escrow           
requirements;"                                                                
                                                                               
Page 3, lines 23 - 28:                                                         
	Delete all material.                                                          
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Rokeberg objected.                                              
                                                                               
                                                                               
The question being:  "Shall Amendment No. 10 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 13(FIN)                                                                   
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  23   NAYS:  10   EXCUSED:  5   ABSENT:  2                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Dyson,                
Green, Grussendorf, Halcro, Harris, James, Kemplen, Kerttula, Kott,            
Morgan, Moses, Murkowski, Phillips, Porter, Smalley, Whitaker,                 
Williams                                                                       
                                                                               
Nays:  Coghill, Davis, Foster, Hudson, Kohring, Masek, Mulder,                 
Rokeberg, Sanders, Therriault                                                  
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
Absent:  Barnes, Ogan                                                          
                                                                               
And so, Amendment No. 10 was adopted and the new title appears                 
below:                                                                         
                                                                               
CS FOR HOUSE BILL NO. 13(FIN) am                                              
"An Act relating to the characterization of, use of, segregation of,          
deposit of, interest on, and disbursement of escrow money; relating            

1999-05-04                     House Journal                      Page 1164
HB 13                                                                        
to the recording, filing, and delivery of escrow documents; and               
providing for an effective date."                                              
                                                                               
Representative Green moved and asked unanimous consent that CSHB
13(FIN) am be considered engrossed, advanced to third reading and              
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 13(FIN) am was read the third time.                                       
                                                                               
The question being:  "Shall CSHB 13(FIN) am pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSHB 13(FIN) am                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  5   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft,              
Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris,              
Hudson, James, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan,                
Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders,                 
Smalley, Therriault, Whitaker, Williams                                        
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
Absent:  Ogan                                                                  
                                                                               
And so, CSHB 13(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 13(FIN) am was referred to the Chief Clerk for engrossment.               
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 107                                                                       
The following was read the second time:                                        
                                                                               

1999-05-04                     House Journal                      Page 1165
SB 107                                                                       
CS FOR SENATE BILL NO. 107(FIN)                                               
"An Act relating to tourism and tourism marketing; eliminating the            
Alaska Tourism Marketing Council; and providing for an effective               
date."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  3DP 5NR 1AM                                             1139         
	2 FISCAL NOTES (H.FIN/DCED)                                      1139         
                                                                               
Representative Green moved and asked unanimous consent that CSSB
107(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.                                                       
                                                                               
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that CSSB 107(FIN) will be in third reading on the          
May 5, 1999, calendar.                                                         
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 176                                                                       
The following, which was advanced to third reading from the May 3,             
1999, calendar (page 1140), was read the third time:                           
                                                                               
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."                                                       
                                                                               
Representative Green placed a call of the House.                               
                                                                               
The Speaker stated that the call was satisfied.                                
                                                                               
The question being:  "Shall HB 176 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               

1999-05-04                     House Journal                      Page 1166
HB 176                                                                       
                                                                               
HB 176                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  21   NAYS:  14   EXCUSED:  5   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Cowdery, Davis, Foster, Green, Halcro, Harris, Hudson, James,           
Kohring, Kott, Masek, Morgan, Mulder, Ogan, Phillips, Porter,                  
Rokeberg, Sanders, Therriault, Whitaker, Williams                              
                                                                               
Nays:  Barnes, Berkowitz, Brice, Cissna, Coghill, Croft, Davies,               
Dyson, Grussendorf, Kemplen, Kerttula, Moses, Murkowski, Smalley               
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
And so, HB 176 passed the House.                                               
                                                                               
                                                                               
Representative Green moved that the court rule changes be adopted.             
                                                                               
The question being:  "Shall the court rule changes be adopted?"  The           
roll was taken with the following result:                                      
                                                                               
HB 176                                                                         
Third Reading                                                                  
Court Rules                                                                    
                                                                               
YEAS:  21   NAYS:  14   EXCUSED:  5   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Coghill, Cowdery, Davis, Foster, Green, Halcro, Harris,                 
Hudson, James, Kohring, Kott, Masek, Mulder, Ogan, Phillips, Porter,           
Rokeberg, Sanders, Therriault, Whitaker, Williams                              
                                                                               
Nays:  Barnes, Berkowitz, Brice, Cissna, Croft, Davies, Dyson,                 
Grussendorf, Kemplen, Kerttula, Morgan, Moses, Murkowski, Smalley              
                                                                               
Excused:  Austerman, Bunde, Joule, Kapsner, Kookesh                            
                                                                               
And so, lacking the necessary 27 votes, the court rule changes were            
not adopted and the new title appears below:                                   

1999-05-04                     House Journal                      Page 1167
HB 176                                                                       
HOUSE BILL NO. 176(ct rule fld)                                               
"An Act relating to attorney fees and costs and the granting of               
public interest litigant status in proceedings related to                      
administrative actions and inactions."                                         
                                                                               
Representative Green gave notice of reconsideration of his vote on             
HB176(ct rule fld).                                                            
                                                                               
                            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 - Becky Roth                                                          
By Representatives Kerttula, Hudson, Porter, Austerman, Berkowitz,             
Brice, Cissna, Croft, Davis, Dyson, Grussendorf, Harris, James, Joule,         
Kapsner, Kemplen, Kookesh, Kott, Morgan, Mulder, Murkowski,                    
Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton                
                                                                               
                                                                               
Honoring - Alice Howarth                                                       
By Representatives Kemplen, Porter, Austerman, Berkowitz, Brice,               
Cissna, Croft, Davis, Dyson, Grussendorf, Hudson, James, Joule,                
Kapsner, Kerttula, Kookesh, Kott, Mulder, Murkowski, Rokeberg,                 
Sanders, Smalley, Therriault, Williams; Senator Ellis                          
                                                                               
                                                                               
Commemorating - The National Day of Prayer, May 6, 1999                        
By Senator Ward; Representatives Porter, Austerman, Brice, Bunde,              
Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Green, Grussendorf,             
Harris, Hudson, James, Kapsner, Kohring, Kookesh, Kott, Morgan,                
Mulder, Murkowski, Ogan, Rokeberg, Sanders, Therriault, Williams               
                                                                               
                                                                               
Honoring - Roger Sampson                                                       
By Senator Lincoln; Representatives Harris, Porter, Austerman,                 
Berkowitz, Brice, Cissna, Croft, Davis, Dyson, Grussendorf, Hudson,            
James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan,               
Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams            
                                                                               

1999-05-04                     House Journal                      Page 1168
In Memoriam - Suzanne K. Fagerstrom Wassmann                                   
By Representatives Foster, Porter, Austerman, Berkowitz, Brice,                
Cissna, Cowdery, Croft, Davis, Dyson, Grussendorf, Harris, Hudson,             
James, Joule, Kapsner, Kerttula, Kohring, Kott, Morgan, Mulder,                
Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault,             
Williams                                                                       
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 183                                                                       
The Speaker added a Finance Committee referral to follow the Labor             
& Commerce Committee referral for the following:                               
                                                                               
HOUSE BILL NO. 183                                                            
"An Act relating to the powers and duties of the chair of the                 
Alaska Public Utilities Commission; relating to membership on the              
Alaska Public Utilities Commission; and relating to the annual                 
report of the Alaska Public Utilities Commission."                             
                                                                               
HB 183 is in the Labor & Commerce Committee.                                   
                                                                               
                                                                               
HB 130                                                                       
The Speaker waived the State Affairs Committee referral for the                
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 130                                                            
"An Act adding limited liability companies and limited liability              
partnerships to the organizations that can be authorized to practice           
architecture, engineering, land surveying, and landscape                       
architecture; and relating to state and municipal contracts for                
architectural, engineering, land surveying, and landscape                      
architectural services."                                                       
                                                                               
HB 130 was removed from the State Affairs Committee and referred               
to the Labor & Commerce Committee.                                             
                                                                               
                                                                               
HB 162                                                                       
The Speaker waived the Judiciary Committee referral for the following          
at the request of Representative Kott, Chair:                                  
                                                                               

1999-05-04                     House Journal                      Page 1169
HB 162                                                                       
HOUSE BILL NO. 162                                                            
"An Act relating to confidential mental health records; relating to           
mental health services and programs; relating to liability for                 
payment for mental health evaluation and treatment services; and               
providing for an effective date."                                              
                                                                               
HB 162 was removed from the Judiciary Committee and referred to the            
Finance Committee.                                                             
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                  (Continued)                                  
                                                                               
Representative Green moved and asked unanimous consent that the                
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Whitaker - from 1:30 p.m., May 5 to 8:00 a.m., May              
6, 1999                                                                        
                                                                               
                                   * * * * *                                   
                                                                               
Representative Davies requested that the House observe a moment of             
silence in memory of Harold Gillam, Alaska pioneer and former mayor            
of Fairbanks.                                                                  
                                                                               
                                                                               
HB 67                                                                        
The Finance Committee has submitted the forthcoming fiscal note to             
accompany their report (page 1023):                                            
                                                                               
Indeterminate fiscal note, Dept. of Administration, 5/4/99                     
                                                                               
for the following:                                                             
                                                                               
CS FOR HOUSE BILL NO. 67(JUD)                                                 
"An Act relating to release of certain persons alleged to have                
committed certain sexual offenses."                                            
                                                                               
HB 67 is in the Rules Committee.                                               
                                                                               

1999-05-04                     House Journal                      Page 1170
HB 110                                                                       
Representative Kerttula added her name as cosponsor to:                        
                                                                               
CS FOR HOUSE BILL NO. 110(L&C)                                                
"An Act relating to the labeling of milk, cream, or any product or            
byproduct of milk or cream."                                                   
                                                                               
SB 45                                                                        
Representative Dyson added his name as cross sponsor to:                       
                                                                               
CS FOR SENATE BILL NO. 45(FIN) am                                             
"An Act providing that a person who grants certain conservation               
easements to the state or a municipality that provide public access            
for recreational purposes and the grantee of the easement are                  
immune from tort liability, other than gross negligence or reckless            
or intentional misconduct, for damages to a person who uses the                
easement under certain conditions; relating to the vacation by the             
state or a municipality of rights-of-way acquired by the state under           
former 43 U.S.C. 932; and providing for an effective date."                    
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 13                                                                        
CSHB 13(FIN) am was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 110                                                                       
CSHB 110(L&C) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., May 5, 1999.  There being no                   
objection, the House adjourned at 11:52 a.m.                                   
                                                                               
											Suzi Lowell		                                                       
											Chief Clerk