Legislature(1999 - 2000)
1999-05-07 House Journal
Full Journal pdf1999-05-07 House Journal Page 1217 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday May 7, 1999 One Hundred Ninth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:06 a.m. Roll call showed 33 members present. Representatives Barnes, Davies, Foster, Kerttula, Kohring, Mulder and Phillips 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 come before You today in absolute confidence that You are able to do exceedingly abundantly above all that we ask or think. We confess our continual need to be upheld by the hand of Your power and strength. We gratefully acknowledge that You are the source of our lives, our fountain of living water, our present help in the time of need, our shelter in the time of storm, our refuge, our rock, our deliverer. We thank You for the privilege to live in a nation where faith, hope, and love are still present--a nation that even though we may find a thousand things to criticize, we can find tens of thousands for which to be thankful. Open our eyes to see blessings instead of continually seeing the negative. Help us to think on things that are noble, just, pure, lovely, and are of good report and to meditate on the things that have virtue and are praiseworthy. (Philippians 4:8) We seek and accept Your counsel and wisdom because we want Your will to be done on earth as it is in heaven. Amen 1999-05-07 House Journal Page 1218 The Pledge of Allegiance was led by Representative James. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 108th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 11 A message dated May 6, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 11(RES) Urging the United States Congress to pass legislation to open the coastal plain of the Arctic National Wildlife Refuge, Alaska, to oil and gas exploration, development, and production. Legislative Resolve No. 8 HB 2 A message dated May 6, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 2 "An Act relating to issuance of a motor vehicle registration plate to or parking permit for a person who is disabled." Chapter No. 11, SLA 1999 Effective Date: August 4, 1999 HB 9 A message dated May 6, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1999-05-07 House Journal Page 1219 HB 9 HOUSE BILL NO. 9 "An Act relating to collection of settlement information in civil litigation; amending Rule 41(a)(3), Alaska Rules of Civil Procedure, and Rule 511(e), Alaska Rules of Appellate Procedure; and providing for an effective date." Chapter No. 14, SLA 1999 Effective Date: May 7, 1999 HB 12 A message dated May 6, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 12(FIN) am "An Act relating to a utility corridor and railroad right-of-way between the Alaska Railroad and the Alaska-Canada border." Chapter No. 12, SLA 1999 Effective Date: August 4, 1999 HB 71 A message dated May 6, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 71(CRA) "An Act establishing Kawerak, Inc., as the regional housing authority for the area that includes the Seward Peninsula, Unalakleet, and St. Lawrence Island." Chapter No. 13, SLA 1999 Effective Date: August 4, 1999 HB 128 A message dated May 6, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1999-05-07 House Journal Page 1220 HB 128 CS FOR HOUSE BILL NO. 128(RLS) "An Act relating to lease-purchases of personal property." Chapter No. 10, SLA 1999 Effective Date: August 4, 1999 SJR 11 A message dated May 6, 1999, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 11(FIN) Urging the Congress of the United States to provide federal education funds as a block grant to the state. Legislative Resolve No. 11 SB 87 A message dated May 6, 1999, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 87(L&C) "An Act requiring a license to sell rental car insurance." Chapter No. 15, SLA 1999 Effective Date: August 4, 1999 **The presence of Representatives Phillips and Mulder was noted. MESSAGES FROM THE SENATE HJR 14 A message dated May 6, 1999, was read stating the Senate has passed: 1999-05-07 House Journal Page 1221 HJR 14 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 14 Relating to the National Museum of Women's History and the National Museum of Women's History Alaska Council. SSHJR 14 was referred to the Chief Clerk for enrollment. HJR 15 A message dated May 6, 1999, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 15(RES) Relating to support for the "American Land Sovereignty Protection Act" in the United States Congress. CSHJR 15(RES) was referred to the Chief Clerk for enrollment. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated May 6, 1999, was read stating the Senate has passed the following, and they are transmitted for consideration: SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 by Senator Wilken: Creating the Long-Term Care Task Force of 1999. was read the first time and referred to the Health, Education & Social Services and Finance Committees. **The presence of Representatives Kerttula and Foster was noted. SJR 25 SENATE JOINT RESOLUTION NO. 25 by Senators Ward, Halford, Taylor, Mackie, Pearce, Green, Wilken and Parnell: Relating to voluntary school prayer. was read the first time and referred to the Judiciary Committee. 1999-05-07 House Journal Page 1222 **The presence of Representative Davies was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 71 CS FOR SENATE BILL NO. 71(RLS) am by the Senate Rules Committee, entitled: "An Act relating to licensure by the State Medical Board." was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. SB 135 CS FOR SENATE BILL NO. 135(FIN)(title am) by the Senate Finance Committee, entitled: "An Act relating to metropolitan planning organizations." was read the first time and referred to the Transportation Committee. REPORTS OF STANDING COMMITTEES HB 187 The Finance Committee has considered: HOUSE BILL NO. 187 "An Act relating to the certificate of need program for nursing care facilities and other facilities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 187(FIN) "An Act removing a requirement that a certificate of need is needed before elimination of a category of health services provided by a health care facility; prohibiting a person from converting a building or part of a building to a nursing home that requires licensure unless authorized by a certificate of need; setting 1999-05-07 House Journal Page 1223 HB 187 a standard of review for applications for certificates of need relating to nursing homes and nursing home beds and relating to that standard of review; providing that the standard of review for applications for certificates of need for beds other than nursing home beds or for a health care facility other than a nursing home is the availability and quality of existing health care resources or the accessibility to those resources compared to the current or projected requirement for health services required to maintain the good health of citizens of this state; defining the term 'nursing home bed'; eliminating statutory references to the office of planning and research in the Department of Health and Social Services; and providing for an effective date." The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Davies, Foster No recommendation (7): Therriault, Kohring, Austerman, Grussendorf, Moses, Davis, Williams The following fiscal note applies to CSHB 187(FIN): Fiscal note, Dept. of Health & Social Services, 4/26/99 HB 187 was referred to the Rules Committee for placement on the calendar. HB 216 The Transportation Committee has considered: HOUSE BILL NO. 216 "An Act relating to required safety equipment on school buses." and recommends it be replaced with: CS FOR HOUSE BILL NO. 216(TRA) "An Act relating to school buses." 1999-05-07 House Journal Page 1224 HB 216 The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (5): Hudson, Kemplen, Sanders, Halcro, Masek The following fiscal note applies to CSHB 216(TRA): Zero fiscal note, Dept. of Education, 5/7/99 HB 216 was referred to the Rules Committee for placement on the calendar. SB 51 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 51(L&C) "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 51(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Harris, Murkowski No recommendation (3): Halcro, Brice, Cissna The following fiscal note applies to HCS CSSB 51(L&C): 1999-05-07 House Journal Page 1225 SB 51 Fiscal note, Dept. of Commerce & Economic Development, 5/7/99 CSSB 51(L&C) was referred to the Finance Committee. **The presence of Representative Kohring was noted. SB 141 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 141(L&C) "An Act relating to construction contracts and subcontractors; relating to design-build construction contracts; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 141(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kott, Rokeberg, James Do not pass (1): Croft No recommendation (2): Murkowski, Green The following fiscal note applies to HCS CSSB 141(JUD): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/21/99 CSSB 141(L&C) was referred to the Rules Committee for placement on the calendar. SB 146 The Finance Committee has considered: 1999-05-07 House Journal Page 1226 SB 146 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 146(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (3): Therriault, Mulder, Austerman Do not pass (1): Williams No recommendation (6): Bunde, Davies, Grussendorf, Moses, Davis, Foster Amend (1): Kohring The following fiscal notes apply to HCS CSSB 146(FIN): Fiscal note, Dept. of Labor, 5/7/99 Forthcoming fiscal note(s) CSSB 146(FIN) am was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SJR 21 The House Special Committee on World Trade and State/Federal Relations has considered: SENATE JOINT RESOLUTION NO. 21 Relating to workers and family members of workers exposed to radiation during the Amchitka nuclear tests. 1999-05-07 House Journal Page 1227 SJR 21 The report was signed by Representative Barnes, Chair, with the following individual recommendations: Do pass (6): Cowdery, Masek, Joule, Berkowitz, Barnes, Green The following fiscal note applies: Senate zero fiscal note, Senate Labor & Commerce Committee, 4/21/99 SJR 21 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Sheran Benerth, George Viltrakis and Hazel McHone, Salcha Rescue Lifetime Members, April 1999 By Representative James INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 228 HOUSE BILL NO. 228 by Representative Davies, entitled: "An Act relating, for purposes of eligibility for permanent fund dividends, to allowable absences from the state while serving as a full-time volunteer in the Peace Corps and while actively participating on a United States national athletic team as an eligible athlete in a nonprofessional sport; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. 1999-05-07 House Journal Page 1228 HB 229 HOUSE BILL NO. 229 by Representative Davies, entitled: "An Act establishing a school tax; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. **The presence of Representative Barnes was noted. HB 230 HOUSE BILL NO. 230 by the House Judiciary Committee, entitled: "An Act granting certain dispatchers in police or fire departments or for the state troopers status as peace officers under the public employees' retirement system; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 95 The Speaker stated that, without objection, the following would be returned to the Rules Committee: HOUSE BILL NO. 95 "An Act making and amending 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." HB 135 The following was read the second time: HOUSE BILL NO. 135 "An Act relating to use of eavesdropping and recording devices by peace officers." 1999-05-07 House Journal Page 1229 HB 135 with the: Journal Page JUD RPT CS(JUD) 3DP 1DNP 2NR 1135 ZERO FISCAL NOTE (H.JUD) 1136 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. 135(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Berkowitz: Page 2, line 28, following "crime": Insert "and" Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Green objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Kerttula: Page 3, line 1, following "communication": Insert "and has consented to the interception" Representative Kerttula moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Kerttula: Page 3, line 22, following "(a) of this section": Insert "or any other person intercepting an oral communication transmitted under (a) of this section," 1999-05-07 House Journal Page 1230 HB 135 Representative Kerttula moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 135(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 135(JUD) am was read the third time. The question being: "Shall CSHB 135(JUD) am pass the House?" The roll was taken with the following result: CSHB 135(JUD) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams And so, CSHB 135(JUD) am passed the House and was referred to the Chief Clerk for engrossment. HB 156 The following was read the second time: HOUSE BILL NO. 156 "An Act relating to investments by the Alaska Permanent Fund Corporation; and providing for an effective date." with the: Journal Page STA RPT CS(STA) 5DP 2NR 840 FISCAL NOTE (REV) 840 1999-05-07 House Journal Page 1231 HB 156 FIN RPT CS(FIN) 7DP 1NR 1065 FISCAL NOTE (REV) 1144 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. 156(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was not offered. Representative Green moved and asked unanimous consent that CSHB 156(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 156(FIN) was read the third time. The question being: "Shall CSHB 156(FIN) pass the House?" The roll was taken with the following result: CSHB 156(FIN) Third Reading Final Passage 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, CSHB 156(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. 1999-05-07 House Journal Page 1232 HB 156 CSHB 156(FIN) was referred to the Chief Clerk for engrossment. HB 158 The following was read the second time: HOUSE BILL NO. 158 "An Act relating to the annual report of the director of the division of insurance and to notice of cancellation of personal insurance." with the: Journal Page L&C RPT CS(L&C) 1DP 6NR 841 ZERO FISCAL NOTE (DCED) 842 JUD RPT CS(L&C) 6DP 911 ZERO FISCAL NOTE (DCED) 4/16/99 911 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. 158(L&C) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 158(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 158(L&C) was read the third time. The question being: "Shall CSHB 158(L&C) pass the House?" The roll was taken with the following result: CSHB 158(L&C) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1999-05-07 House Journal Page 1233 HB 158 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, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams And so, CSHB 158(L&C) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 104 The following was read the second time: SENATE BILL NO. 104 "An Act relating to the Kuskokwim Ice Classic." with the: Journal Page STA RPT 5DP 2NR 1107 SENATE ZERO FISCAL NOTE (REV) 4/9/99 1107 Representative Green moved and asked unanimous consent that SB104 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 104 was read the third time. The question being: "Shall SB 104 pass the House?" The roll was taken with the following result: SB 104 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1999-05-07 House Journal Page 1234 SB 104 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, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams And so, SB 104 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 34 The following, which was advanced to third reading from the May6, 1999, calendar (page 1202), was read the third time: CS FOR HOUSE BILL NO. 34(FIN) "An Act relating to the crime of failure to report the commission or attempted commission of certain crimes against children." The question being: "Shall CSHB 34(FIN) pass the House?" The roll was taken with the following result: CSHB 34(FIN) 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 34(FIN) passed the House. Representative Davies gave notice of reconsideration of his vote on CSHB 34(FIN). 1999-05-07 House Journal Page 1235 HB 40 The following, which was advanced to third reading from the May6, 1999, calendar (page 1204), was read the third time: CS FOR HOUSE BILL NO. 40(FIN) "An Act reorganizing certain departments in the executive branch of state government and relating to their duties; eliminating and amending certain duties and programs in the executive branch; adjusting the membership of certain multi-member bodies; and providing for an effective date." Representative Therriault moved and asked unanimous consent that CSHB 40(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 Therriault: Page 26, lines 14 - 15: Delete "á acting through the division of vocational rehabilitation" Insert "ACTING THROUGH THE DIVISION OF VOCATIONAL REHABILITATIONá" Page 26, lines 19 - 22: Delete all material. Renumber the following bill sections accordingly. Page 82, line 14, following "REPEALER. AS": Insert "23.15.070," Renumber internal references to bill sections in accordance with this amendment. Below are all internal bill section references in this bill: Page 82, line 25 Page 84, lines 28 and 29 Page 85, lines 2, 5, 6, 7, 9, 11, and 14. Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1999-05-07 House Journal Page 1236 HB 40 Amendment No. 2 (title amendment) was offered by Representatives Kohring, Therriault and Morgan: Page 1, lines 1 - 4: Delete all material and insert: ""An Act merging certain departments in the executive branch of state government; changing the names of certain departments in the executive branch of state government; transferring duties among departments and offices in the executive branch of state government; providing that certain discretionary duties formerly performed by the Department of Community and Regional Affairs are mandatory in the department to which those duties are transferred; relating to the licensing of child care facilities; relating to the division of vocational rehabilitation; relating to the Alaska Human Resource Investment Council; adjusting the membership of certain multi-member bodies; providing that a certain commissioner may designate department employees to serve in the commissioner's place on a board, council, or similar entity; providing for advice to be given by a department head to the governor and other commissioners on the delivery of government services to rural areas and providing for recommendations to be made to the governor and other commissioners by that same commissioner about policy changes that would affect rural governments and rural affairs; relating to the federal community development quota program; eliminating the division of tourism; eliminating a reference to manpower training programs; eliminating references to the director and deputy director of international trade; eliminating the requirement for a local advisory committee for consideration of rural electrification loans; and providing for an effective date."" Representative Kohring moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Davies objected. Amendment to Amendment No. 2 was offered by Representative Davies and Therriault: On line 20, following "eliminating" Insert "references to" 1999-05-07 House Journal Page 1237 HB 40 Representative Davies moved and asked unanimous consent that Amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. There being no objection, Amendment No. 2 as amended was adopted and the new title appears below: CS FOR HOUSE BILL NO. 40(FIN) am "An Act merging certain departments in the executive branch of state government; changing the names of certain departments in the executive branch of state government; transferring duties among departments and offices in the executive branch of state government; providing that certain discretionary duties formerly performed by the Department of Community and Regional Affairs are mandatory in the department to which those duties are transferred; relating to the licensing of child care facilities; relating to the division of vocational rehabilitation; relating to the Alaska Human Resource Investment Council; adjusting the membership of certain multi-member bodies; providing that a certain commissioner may designate department employees to serve in the commissioner's place on a board, council, or similar entity; providing for advice to be given by a department head to the governor and other commissioners on the delivery of government services to rural areas and providing for recommendations to be made to the governor and other commissioners by that same commissioner about policy changes that would affect rural governments and rural affairs; relating to the federal community development quota program; eliminating references to the division of tourism; eliminating a reference to manpower training programs; eliminating references to the director and deputy director of international trade; eliminating the requirement for a local advisory committee for consideration of rural electrification loans; and providing for an effective date." Representative Mulder placed a call of the House and lifted the call. The question being: "Shall CSHB 40(FIN) am pass the House?" The roll was taken with the following result: 1999-05-07 House Journal Page 1238 HB 40 CSHB 40(FIN) am Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kemplen, Kohring, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Davies, Grussendorf, Hudson, Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses, Smalley And so, CSHB 40(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. Representative Croft objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 40(FIN) am Third Reading Effective Date YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley And so, the effective date clause was adopted. 1999-05-07 House Journal Page 1239 HB 40 Representative Green gave notice of reconsideration of his vote on CSHB 40(FIN) am. RECONSIDERATION HB 40 Representative Green moved and asked unanimous consent that the reconsideration of CSHB 40(FIN) am be taken up on the same day. There being no objection, it was so ordered. CSHB 40(FIN) am was again before the House in third reading. The question to be reconsidered: "Shall CSHB 40(FIN) am pass the House?" The roll was taken with the following result: CSHB 40(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, James, Kemplen, Kohring, Kott, Masek, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Hudson, Joule, Kapsner, Kerttula, Kookesh, Morgan, Moses, Smalley And so, CSHB 40(FIN) am passed the House on reconsideration. Representative Green moved that the effective date clause be adopted. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 40(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 1999-05-07 House Journal Page 1240 HB 40 Yeas: Austerman, Barnes, Brice, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Cissna, Joule, Kapsner, Kerttula, Kookesh, Moses, Smalley And so, the effective date clause was adopted on reconsideration. CSHB 40(FIN) am was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS (Continued) HB 214 The following, which was advanced to third reading from the May6, 1999, calendar (page 1209), was read the third time: CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure." The question being: "Shall CSHB 214(JUD) pass the House?" The roll was taken with the following result: CSHB 214(JUD) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Berkowitz, Davies, Kapsner, Kerttula, Kookesh 1999-05-07 House Journal Page 1241 HB 214 Absent: Austerman, Joule, Moses, Therriault And so, CSHB 214(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 court rule changes. Representative Berkowitz objected. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: CSHB 214(JUD) Third Reading Court Rules YEAS: 28 NAYS: 8 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Croft, Davies, Kapsner, Kerttula, Kookesh Absent: Austerman, Joule, Moses, Therriault And so, the court rule changes were adopted. CSHB 214(JUD) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 5 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 5 Relating to extension of the James Dalton Highway to the Arctic Ocean. 1999-05-07 House Journal Page 1242 HCR 5 with the: Journal Page TRA RPT CS(TRA) 4DP 2NR 939 ZERO FISCAL NOTE (H.TRA/DNR) 940 FIN RPT CS(TRA) 8DP 1NR 1152 ZERO FISCAL NOTE (H.TRA/DNR) 4/23/99 1152 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) (same title) There being no objection, it was so ordered. Amendment No. 1 was not offered. The question being: "Shall CSHCR 5(TRA) pass the House?" The roll was taken with the following result: CSHCR 5(TRA) Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Absent: Austerman, Joule, Moses, Therriault And so, CSHCR 5(TRA) passed the House. Representative Joule gave notice of reconsideration of his vote on CSHCR 5(TRA). 1999-05-07 House Journal Page 1243 RECONSIDERATION HB 176 Representative Green brought up reconsideration of the vote on HB176(ct rule fld), which had been held until today (page 1173). The following was again before the House in third reading: 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 moved and asked unanimous consent that HB176 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 Green: Page 1, line 2, following "inactions" through Page 1, line 4 (title amendment): Delete all material. Insert "." Page 2, lines 12 - 23: Delete all material. Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Croft objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1999-05-07 House Journal Page 1244 HB 176 HB 176--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 19 NAYS: 15 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Berkowitz, Bunde, Coghill, Cowdery, Davis, Green, , Harris, Hudson, James, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Brice, Cissna, Croft, Davies, Dyson, Grussendorf, Halcro, Joule, Kapsner, Kerttula, Kookesh, Morgan, Murkowski, Smalley, Whitaker Absent: Barnes, Foster, Kemplen, Kohring, Moses, Sanders And so, Amendment No. 1 was adopted and the new title appears below: HOUSE BILL NO. 176 am "An Act relating to attorney fees and costs and the granting of public interest litigant status in proceedings related to administrative actions and inactions." The question to be reconsidered: "Shall HB 176 am pass the House?" The roll was taken with the following result: HB 176 am--RECONSIDERATION Third Reading Final Passage YEAS: 18 NAYS: 17 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Bunde, Cowdery, Davis, Foster, Green, Harris, Hudson, James, Kott, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Williams Nays: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Dyson, Grussendorf, Halcro, Joule, Kapsner, Kerttula, Kookesh, Morgan, Murkowski, Smalley, Whitaker Absent: Barnes, Kemplen, Kohring, Moses, Sanders 1999-05-07 House Journal Page 1245 HB 176 Ogan changed from "Nay" to "Yea". And so, lacking the necessary 21 votes, HB 176 am failed to pass the House on reconsideration and was referred to the Chief Clerk for permanent filing. CONSIDERATION OF THE DAILY CALENDAR (Continued) 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 - John Regitano By Representatives Brice, Porter, Austerman, Berkowitz, Cissna, Croft, Davies, Dyson, Grussendorf, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Palmer Moose Girl's Basketball Team, 1998-99 4-A State Champions By Senators Green, Halford; Representatives Ogan, Porter, Austerman, Berkowitz, Brice, Bunde, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - The Mustang Hockey Association Peewee "C" Cyclones, Alaska State Peewee "C" Hockey Champions By Senator Phillips; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, Joule, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams 1999-05-07 House Journal Page 1246 In Memoriam - Donna M. Chaikoff By Representatives Dyson, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Foster, Grussendorf, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Donley In Memoriam - Hallie Asaapak Alowa Kingeekuk By Representatives Foster, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams UNFINISHED BUSINESS HCR 2 Representative Masek added her name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 2 Relating to the sovereignty of the State of Alaska and the sovereign right of the State of Alaska to manage the natural resources of Alaska. HJR 38 Representative Dyson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 38 Relating to voluntary school prayer. HB 135 Representatives Mulder, Austerman, Dyson and Rokeberg added their names as cosponsors to: CS FOR HOUSE BILL NO. 135(JUD) am "An Act relating to use of eavesdropping and recording devices by peace officers." HB 158 Representative Kemplen added his name as cosponsor to: 1999-05-07 House Journal Page 1247 HB 158 CS FOR HOUSE BILL NO. 158(L&C) "An Act relating to the annual report of the director of the division of insurance and to notice of cancellation of personal insurance." HB 167 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 167 "An Act relating to mobile home dealers." HB 214 Representative Rokeberg added his name as cosponsor to: CS FOR HOUSE BILL NO. 214(JUD) "An Act relating to litigation involving correctional facilities; and amending Rules 59(f), 60(b), 62, and 65, Alaska Rules of Civil Procedure." HB 223 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 223 "An Act repealing a prohibition on the issuance of a restaurant or eating place license when the license applicant is a representative or owner of a certain type of business holding an alcoholic beverage license." HB 224 Representative Dyson added his name as cosponsor to: HOUSE BILL NO. 224 "An Act requiring a public employee labor organization representing employees of a school district, regional educational attendance area, or a state boarding school to give notice before striking." HB 225 Representative Kohring added his name as cosponsor to: 1999-05-07 House Journal Page 1248 HB 225 HOUSE BILL NO. 225 "An Act relating to election campaigns and legislative ethics; and providing for an effective date." ENGROSSMENT HB 40 CSHB 40(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 135 CSHB 135(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 156 CSHB 156(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 158 CSHB 158(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 214 CSHB 214(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 5/7 meeting CHANGED TO: 2:30 p.m., 5/7 Judiciary Committee 1:00 p.m., 5/7 meeting CHANGED TO: 2:00 p.m., 5/7 Resources Committee 1:00 p.m., 5/7 meeting CHANGED TO: 1:45 p.m., 5/7 1999-05-07 House Journal Page 1249 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 8, 1999. There being no objection, the House adjourned at 1:26 p.m. Suzi Lowell Chief Clerk