Legislature(1999 - 2000)
1999-05-08 House Journal
Full Journal pdf1999-05-08 House Journal Page 1253 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday May 8, 1999 One Hundred Tenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 10:10 a.m. Roll call showed 37 members present. Representatives Barnes, Brice and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Hudson. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Shall we pray: Today is May 8th. It was 54 years ago this day the world was celebrating the end of Word War II. America's fighting men and women would be returning to rebuild their lives. Their unselfish devotion to duty furthered our freedoms that we enjoy today. Now let us turn our thoughts and prayers first to those young men and women who are stationed around the world today, away from their loved ones, many in harm's way. And as we each silently hold them in our prayers, let us remember these truths: It's the soldier, not the reporter, Who gave us our freedom of the press. 1999-05-08 House Journal Page 1254 It's the soldier, not the poet, Who gave us our freedom of speech. It's the soldier, not the campus organizer, Who gave us our freedom to demonstrate. It's the soldier Who salutes the flag, Who serves with respect for the flag, And whose coffin is draped by the flag, Who allows the protestor to burn the flag. Now, dear Lord, we ask You to give each of us the wisdom, the patience and the sense of commitment to complete our work here in this House that represents the people of our great state. Help us to be men and women of statesmen-like qualities, loving those we serve, respecting the differences among ourselves and committed to the future of this state. Help us to open our ears to hear others, open our minds to hear reason, and in these few remaining days make our service worthy of thy Holiness. Amen The Pledge of Allegiance was led by Representative Grussendorf. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 109th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 46 A message dated May 7, 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: 1999-05-08 House Journal Page 1255 SB 46 CS FOR SENATE BILL NO. 46(RLS) am H "An Act naming the Terry Miller Legislative Office Building." Chapter No. 16, SLA 1999 Effective Date: August 5, 1999 MESSAGES FROM THE SENATE HJR 13 A message dated May 7, 1999, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 13(FIN) Relating to using oil spill settlement funds to create a long-term research and monitoring endowment. CSHJR 13(FIN) was referred to the Chief Clerk for enrollment. HJR 34 A message dated May 7, 1999, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 34 Relating to the federal estate and gift taxes. HJR 34 was referred to the Chief Clerk for enrollment. SB 27 A message dated May 7, 1999, was read stating the Senate has concurred in the House amendment to CSSB 27(FIN) thus adopting: CS FOR SENATE BILL NO. 27(FIN) am H "An Act relating to school records and driver license records of certain children." FIRST READING AND REFERENCE OF SENATE BILLS A message dated May 7, 1999, was read stating the Senate has passed the following, and they are transmitted for consideration: 1999-05-08 House Journal Page 1256 SB 110 CS FOR SENATE BILL NO. 110(RLS) am by the Senate Rules Committee, entitled: "An Act relating to liability for the release of hazardous substances involving certain property acquired by a governmental entity; relating to making a determination as to when a hazardous substance release has occurred; relating to liability of a party other than the party responsible for the initial release of a hazardous substance; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. SB 156 SENATE BILL NO. 156 by the Senate Community & Regional Affairs Committee by request, entitled: "An Act relating to municipal incorporation, to reclassification of cities, to municipal boundary changes, and to dissolution of municipalities." was read the first time and referred to the Community & Regional Affairs Committee. **The presence of Representative Therriault was noted. COMMUNICATIONS The following report was received: Dept. of Education Alaska Vocational Technical Center Additional Student Housing Proposal to the Alaska State Legislature April 1999 1999-05-08 House Journal Page 1257 REPORTS OF STANDING COMMITTEES HCR 10 The Finance Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 10 Proposing recommendations concerning the sale of the Four Dam Pool hydroelectric facilities. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (7): Mulder, Kohring, Grussendorf, Williams, Foster, Austerman, Moses Do not pass (1): Bunde No recommendation (3): Therriault, Davies, Davis The following fiscal note applies to CSHCR 10(FIN): Zero fiscal note, House Special Committee on Utility Restructuring/Dept. of Commerce & Economic Development, 4/29/99 HCR 10 was referred to the Rules Committee for placement on the calendar. HCR 11 The Judiciary Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 11 Relating to substance abuse treatment for offenders in the criminal justice system. The report was signed by Representative Kott, Chair, with the following individual recommendations: 1999-05-08 House Journal Page 1258 HCR 11 Do pass (4): Croft, Murkowski, Kerttula, Kott No recommendation (2): James, Rokeberg The following fiscal note applies: Zero fiscal note, House Health, Education & Social Services Committee, 5/3/99 HCR 11 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Brice was noted. HB 167 The Finance Committee has considered: HOUSE BILL NO. 167 "An Act relating to mobile home dealers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 167(L&C) "An Act repealing required registration for mobile home dealers; and providing for an effective date." The report was signed by Representatives Mulder and Therriault, Co- chairs, with the following individual recommendations: Do pass (5): Mulder, Kohring, Austerman, Williams, Foster No recommendation (6): Bunde, Davies, Grussendorf, Moses, Davis, Therriault The following fiscal note applies to CSHB 167(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/28/99 1999-05-08 House Journal Page 1259 HB 167 HB 167 was referred to the Rules Committee for placement on the calendar. HB 192 The Judiciary Committee has considered: HOUSE BILL NO. 192 "An Act relating to reciting the pledge of allegiance by public school students." and recommends it be replaced with: CS FOR HOUSE BILL NO. 192(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kott, James, Rokeberg No recommendation (2): Murkowski, Kerttula The following fiscal note applies to CSHB 192(JUD): Zero fiscal note, Dept. of Education, 4/30/99 HB 192 was referred to the Rules Committee for placement on the calendar. HB 225 The Judiciary Committee has considered: HOUSE BILL NO. 225 "An Act relating to election campaigns and legislative ethics; and providing for an effective date." and recommends it be replaced with: 1999-05-08 House Journal Page 1260 HB 225 CS FOR HOUSE BILL NO. 225(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): James, Rokeberg No recommendation (4): Croft, Murkowski, Green, Kerttula The following fiscal note applies to CSHB 225(JUD): Zero fiscal note, House Judiciary Committee, 5/8/99 HB 225 is on today's calendar. SB 42 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 42(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (3): Murkowski, Rokeberg, Kerttula The following fiscal note applies: Senate zero fiscal note, Legislative Affairs Agency, 3/25/99 CSSB 42(JUD) was referred to the Rules Committee for placement on the calendar. 1999-05-08 House Journal Page 1261 SB 125 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 125(CRA) "An Act relating to school crisis response planning." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 125(HES) (same title) The report was signed by Representatives Dyson and Coghill, Co- chairs, with the following individual recommendations: Do pass (5): Morgan, Dyson, Coghill, Kemplen, Brice The following fiscal note applies to HCS CSSB 125(HES): Senate zero fiscal note, Dept. of Military & Veterans Affairs, 4/21/99 CSSB 125(CRA) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Barnes was noted. SB 133 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 133(RLS) am "An Act creating and relating to the Regulatory Commission of Alaska and transferring to it certain powers and duties of the Alaska Public Utilities Commission; repealing the Alaska Public Utilities Commission; relating to the powers of the chair of the Regulatory Commission of Alaska; relating to regulatory cost charges for public utilities and pipelines; relating to the appellate procedures of the Regulatory Commission of Alaska; relating to the Alaska Oil and Gas Conservation Commission; and providing for an effective date." and recommends it be replaced with: 1999-05-08 House Journal Page 1262 SB 133 HOUSE CS FOR CS FOR SENATE BILL NO. 133(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: No recommendation (6): Sanders, Halcro, Brice, Cissna, Murkowski, Rokeberg Amend (1): Harris The following fiscal notes apply to HCS CSSB 133(L&C): Fiscal note, Dept. of Administration, 5/8/99 Fiscal note, Dept. of Commerce & Economic Development, 5/8/99 CSSB 133(RLS) am was referred to the Finance Committee. SB 141 The Rules 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(RLS) (same title) The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, Kott, Cowdery No recommendation (1): Joule Amend (2): Green, Berkowitz 1999-05-08 House Journal Page 1263 SB 141 A House Rules Committee letter of intent, signed by Representative Cowdery, Chair, appears below: "It is the intent of the Legislature that the contract signed pursuant to the authority provided in SB 141 should require that: 1. The prison meet American Correctional Association standards; 2. Guards employed in the prison meet the same training standards that are required of prison guards in AS 18.65.130 - 18.65.290; 3. The contract between City of Delta Junction and the prison operating entity should be for durations of no longer than five years. It may be renewable; and 4. The contract for operation of the facility provide for the removal of the contractor for non-performance. 5. The agreement to lease the facility must provide a fixed rate per each bed day, adjusted annually during the term of the lease according to an appropriate index. The fixed rate for the first year term must include all capital and operating costs and may not exceed $70.00 per bed each day. The fixed rate will cover the same daily costs that are covered in the current contract between the Corrections Corporation of America and the Department of Corrections for beds in Florence, AZ (agency contract #2054863, ASPS #95-0100)." The following fiscal note applies to HCS CSSB 141(RLS): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/21/99 CSSB 141(L&C) is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1999-05-08 House Journal Page 1264 Honoring - Darla Mae Church By Representative Harris; Senator Lincoln Honoring - The Under 15 "A" Alaska Firebirds Hockey Team By Representative Bunde Honoring - Geoff and Marcy Larson, 1999 Alaskan Small Business Persons of the Year By Senator Elton; Representatives Hudson, Kerttula In Memoriam - Levy Alasuk Mills, Sr. By Representative Joule In Memoriam - Harold Gillam By Senators Pete Kelly, Ward, Wilken; Representative Coghill INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 12 HOUSE CONCURRENT RESOLUTION NO. 12 by Representative Porter: Relating to the state's interest in oil and gas company mergers and establishing a Joint Special Committee on Mergers as a joint committee of the legislature. was read the first time and referred to the Rules Committee for placement on the calendar. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 231 HOUSE BILL NO. 231 by the House Rules Committee by request, entitled: 1999-05-08 House Journal Page 1265 HB 231 "An Act relating to income of the Alaska permanent fund, to the Alaska Income Account, and to permanent fund dividends; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 232 HOUSE BILL NO. 232 by the House Rules Committee by request, entitled: "An Act making a special appropriation from the budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, to the Alaska Income Account; and providing for an effective date." was read the first time and referred to the Finance Committee. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 5/8 The Speaker stated that, without objection, the House would stand at ease; and so, the House stood at ease at 10:23 a.m. AFTER AT EASE The Speaker called the House back to order at 11:06 a.m. * * * * * Representative Kemplen introduced his children, Zack and Samantha Kemplen, Guest Pages. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 37 The following was read the second time: 1999-05-08 House Journal Page 1266 HB 37 HOUSE BILL NO. 37 "An Act relating to smoking education and cessation programs administered by the Department of Health and Social Services." with the: Journal Page HES RPT CS(HES) NT 2DP 5NR 508 ZERO FISCAL NOTE (DHSS) 509 FIN RPT CS(FIN) NT 1DP 1DNP 5NR 1AM 864 ZERO FISCAL NOTE (H.FIN/DHSS) 864 ZERO FISCAL NOTE (DHSS) 3/19/99 864 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. 37(FIN) "An Act relating to restricting sale of cigarettes, to enforcement of certain laws relating to sales of cigarettes, and to smoking education and cessation programs administered by the Department of Health and Social Services." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 37(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 37(FIN) was read the third time. The question being: "Shall CSHB 37(FIN) pass the House?" The roll was taken with the following result: CSHB 37(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1999-05-08 House Journal Page 1267 HB 37 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 37(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 104 The following was read the second time: HOUSE BILL NO. 104 "An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game to establish a moratorium on participants or vessels, or both, participating in certain fisheries; and providing for an effective date." with the: Journal Page FSH RPT CS(FSH) NT 4DP 408 ZERO FISCAL NOTE (F&G) 408 RES RPT CS(FSH) NT 3DP 3NR 1195 ZERO FISCAL NOTE (F&G) 3/10/99 1196 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. 104(FSH) "An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game in regard to a moratorium on participants or vessels, or both, in certain fisheries; and providing for an effective date." There being no objection, it was so ordered. 1999-05-08 House Journal Page 1268 HB 104 Representative Green moved and asked unanimous consent that CSHB 104(FSH) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 104(FSH) was read the third time. Representative Dyson moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Dyson was required to vote. After standing at ease, a second quorum call showed 30 members present. Representative Hudson moved and asked unanimous consent that CSHB 104(FSH) 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 Hudson: Page 1, following line 5, insert a new section to read: "*Section 1. AS 16.43.220 is amended by adding a new subsection to read: (d) An interim-use permit issued for a fishery subject to a moratorium on entry of new participants into a fishery under AS 16.43.225 may not be transferred except as provided for by emergency transfers under AS 16.43.180." Renumber the following bill sections accordingly. Page 4, line 9, following "issued.": Insert "An interim-use vessel permit holder may not transfer an interim-use vessel permit to another person or entity." Representative Hudson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1999-05-08 House Journal Page 1269 HB 104 The question being: "Shall CSHB 104(FSH) am pass the House?" The roll was taken with the following result: CSHB 104(FSH) am Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker Absent: Brice, Bunde, Kohring, Moses, Williams And so, CSHB 104(FSH) 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 104(FSH) am was referred to the Chief Clerk for engrossment. HB 143 The following was read the second time: HOUSE BILL NO. 143 "An Act relating to the executive officer employed for the Real Estate Commission, to educational materials published by the Real Estate Commission, to the Real Estate Surety Fund, to contracts by the Real Estate Commission, and to disclosures in real property transactions." with the: Journal Page L&C RPT CS(L&C) NT 2DP 3NR 728 ZERO FISCAL NOTE (DCED) 728 JUDICIARY REFERRAL WAIVED 780 FINANCE REFERRAL WAIVED 1144 1999-05-08 House Journal Page 1270 HB 143 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. 143(L&C) "An Act relating to the executive officer employed for the Real Estate Commission, to the real estate surety fund, and to employees paid from money in the real estate surety fund." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 143(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 143(L&C) will be in third reading on the May 10, 1999, calendar. HB 216 The following was read the second time: HOUSE BILL NO. 216 "An Act relating to required safety equipment on school buses." with the: Journal Page TRA RPT CS(TRA) NT 5DP 1223 ZERO FISCAL NOTE (DOE) 1224 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. 216(TRA) "An Act relating to school buses." There being no objection, it was so ordered. 1999-05-08 House Journal Page 1271 HB 216 Representative Green moved and asked unanimous consent that CSHB 216(TRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 216(TRA) was read the third time. The question being: "Shall CSHB 216(TRA) pass the House?" The roll was taken with the following result: CSHB 216(TRA) 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, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Ogan And so, CSHB 216(TRA) passed the House and was referred to the Chief Clerk for engrossment. HB 225 The Speaker stated that, without objection, the following would be held to the May 10, 1999, calendar: HOUSE BILL NO. 225 "An Act relating to election campaigns and legislative ethics; and providing for an effective date." SECOND READING OF SENATE BILLS SB 141 The following was read the second time: 1999-05-08 House Journal Page 1272 SB 141 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." with the: Journal Page L&C RPT HCS(L&C) 2DP 2NR 1AM 1071 SENATE ZERO FISCAL NOTE (DOT) 4/21/99 1071 JUD RPT HCS(JUD) 3DP 1DNP 2NR 1225 SENATE ZERO FISCAL NOTE (DOT) 4/21/99 1225 RLS RPT HCS(RLS) 4DP 1NR 2AM 1262 RLS LETTER OF INTENT WITH RLS REPORT 1263 SENATE ZERO FISCAL NOTE (DOT) 4/21/99 1263 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 141(RLS) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 3, lines 5 - 9: Delete all material. Renumber the following bill section accordingly. Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1999-05-08 House Journal Page 1273 SB 141 HCS CSSB 141(RLS) Second Reading Amendment No. 1 YEAS: 11 NAYS: 26 EXCUSED: 0 ABSENT: 3 Yeas: Berkowitz, Brice, Croft, Davies, Green, Joule, Kapsner, Kerttula, Kookesh, Moses, Ogan Nays: Austerman, Barnes, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Absent: Bunde, Grussendorf, Smalley And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Representative Green moved and asked unanimous consent that HCS CSSB 141(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 141(RLS) will be in third reading on the May 10, 1999, calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 39 The following was read the second time: HOUSE JOINT RESOLUTION NO. 39 Urging the United States government to purchase surplus pink salmon for aid packages to the Balkans. 1999-05-08 House Journal Page 1274 HJR 39 with the: Journal Page FSH RPT CS(FSH) 5DP 1178 ZERO FISCAL NOTE (H.FSH) 1179 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 39(FSH) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHJR 39(FSH) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 39(FSH) was read the third time. The question being: "Shall CSHJR 39(FSH) pass the House?" The roll was taken with the following result: CSHJR 39(FSH) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Absent: Cissna, Ogan And so, CSHJR 39(FSH) passed the House and was referred to the Chief Clerk for engrossment. 1999-05-08 House Journal Page 1275 LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Sheran Benerth, George Viltrakis and Hazel McHone, Salcha Rescue Lifetime Members, April 1999 By Representatives James, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams RECONSIDERATION HCR 5 Representative Joule brought up reconsideration of the vote on CSHCR 5(TRA) (page 1242). The following was again before the House in second reading: CS FOR HOUSE CONCURRENT RESOLUTION NO. 5(TRA) Relating to extension of the James Dalton Highway to the Arctic Ocean. The question to be reconsidered: "Shall CSHCR 5(TRA) pass the House?" The roll was taken with the following result: CSHCR 5(TRA)--RECONSIDERATION Second Reading Final Passage YEAS: 25 NAYS: 11 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Brice, Coghill, Cowdery, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson, James, Kemplen, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker Nays: Austerman, Berkowitz, Cissna, Croft, Foster, Joule, Kapsner, Kerttula, Kookesh, Moses, Smalley 1999-05-08 House Journal Page 1276 HCR 5 Absent: Bunde, Grussendorf, Ogan, Williams And so, CSHCR 5(TRA) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. CONCUR IN SENATE AMENDMENTS HB 64 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 1192) on the following at this time: CS FOR HOUSE BILL NO. 64(FIN)(title am) "An Act making and amending appropriations for year 2000 assessment, compliance, and remediation projects and modification of the Offender Base State Corrections Information System and the Offender Financial Accounting System in the Department of Corrections; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 64(RLS) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 64(FIN)(title am), thus adopting SCS CSHB 64(RLS), with a Senate letter of intent, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 64(FIN)(title am), with a Senate letter of intent?" The roll was taken with the following result: SCS CSHB 64(RLS) and Senate letter of intent Concur YEAS: 34 NAYS: 5 EXCUSED: 0 ABSENT: 1 1999-05-08 House Journal Page 1277 HB 64 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Croft, Davies, Joule, Kerttula, Kookesh Absent: Grussendorf Rokeberg changed from "Nay" to "Yea". Joule changed from "Yea" to "Nay". And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 64(RLS), with a Senate letter of intent. Representative Green moved that the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted. The question being: "Shall the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska) be adopted?" The roll was taken with the following result: SCS CSHB 64(RLS) Concur Constitutional Budget Reserve Appropriations YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, 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 Absent: Davis 1999-05-08 House Journal Page 1278 HB 64 And so, the appropriations from the constitutional budget reserve fund (Article IX, Section 17(c), Constitution of the State of Alaska) were adopted. Representative Green moved and asked unanimous consent that the roll call on the passage of the constitutional budget reserve fund appropriations be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 64(RLS), with a Legislative letter of intent, was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HJR 30 Representative Williams added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 30 Proposing amendments to the Constitution of the State of Alaska repealing provisions relating to the constitutional budget reserve fund and providing that the balance in the fund be deposited into the budget reserve fund established by statute. HJR 39 Representatives Smalley and Croft added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 39(FSH) Urging the United States government to purchase surplus pink salmon for aid packages to the Balkans. HB 37 Representatives Croft, Kemplen and Smalley added their names as cosponsors to: CS FOR HOUSE BILL NO. 37(FIN) "An Act relating to restricting sale of cigarettes, to enforcement of certain laws relating to sales of cigarettes, and to smoking education and cessation programs administered by the Department of Health and Social Services." 1999-05-08 House Journal Page 1279 HB 104 Representatives Harris, Kapsner, Kookesh and James added their names as cosponsors to: CS FOR HOUSE BILL NO. 104(FSH) am "An Act revising the procedures and authority of the Alaska Commercial Fisheries Entry Commission, the Board of Fisheries, and the Department of Fish and Game in regard to a moratorium on participants or vessels, or both, in certain fisheries; and providing for an effective date." HB 177 Representative Cissna added her name as cosponsor to: CS FOR HOUSE BILL NO. 177(HES) "An Act relating to foster parents; relating to the right of foster parents to have notice of, and testify at, delinquency hearings and to the disclosure of minors' records to foster parents; and amending Rules 3, 7, 10, 12, 21, 23, and 25, Alaska Delinquency Rules." HB 216 Representatives Dyson, James and Cissna added their names as cosponsors to: CS FOR HOUSE BILL NO. 216(TRA) "An Act relating to school buses." ENGROSSMENT HCR 5 CSHCR 5(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 39 CSHJR 39(FSH) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 34 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: 1999-05-08 House Journal Page 1280 HB 34 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." HB 37 CSHB 37(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 104 CSHB 104(FSH) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 216 CSHB 216(TRA) 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 10, 1999. There being no objection, the House adjourned at 1:20 p.m. Suzi Lowell Chief Clerk