Legislature(1999 - 2000)

1999-05-10 House Journal

Full Journal pdf

1999-05-10                     House Journal                      Page 1285
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                   TWENTY-FIRST LEGISLATURE -- FIRST SESSION                   
                                                                               
Juneau, Alaska                       Monday               May 10, 1999         
                                                                               
                           One Hundred Twelfth Day                           
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Porter at 10:07 a.m.                                                           
                                                                               
                                                                               
Roll call showed 36 members present.  Representatives Barnes,                  
Mulder, Ogan and Therriault were absent and their presence was noted           
later.                                                                         
                                                                               
                                                                               
The invocation was offered by Pastor James Brubaker of Faith                   
Lutheran Church.  Representative Hudson moved and asked unanimous              
consent that the invocation be spread on the journal.  There being no          
objection, it appears below:                                                   
                                                                               
Gracious God,                                                                 
                                                                               
Thank You for the refreshment, relaxation, and worship of the                 
past weekend.  As our nation celebrated and honored mothers                    
yesterday, we thank You for the very special place our                         
mothers had in our lives.                                                      
                                                                               
As leaders of this state, may we also follow the examples of                  
our mothers -- of care, concern for those whom we serve.                       
May we use our resources to strengthen and encourage the                       
families of our state.                                                         
                                                                               
You have now brought us to the beginning of a new week,                       
filled with issues, challenges, questions, uncertainties, but                  
most of all, with opportunities.                                               
                                                                               

1999-05-10                     House Journal                      Page 1286
Bless us this day and this week with Your presence that we                    
may do Your will as it is done in heaven.  In Your holy name                   
we pray.  Amen                                                                 
                                                                               
                                                                               
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 110th and 111th legislative days be approved as                
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
* * * * *                                                                      
                                                                               
Representative Joule introduced his youngest daughter, Puyuk Joule,            
Guest Page.                                                                    
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Commemorating - Valley Chapel's 25th Anniversary                               
By Representatives Hudson, Kerttula; Senator Elton                             
                                                                               
Commemorating - Douglas Trucking, Inc., 25th Anniversary                       
By Representatives Hudson, Kerttula; Senator Elton                             
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 43                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 43                                                             
"An Act relating to police training surcharges imposed for                    
violations of municipal ordinances."                                           

1999-05-10                     House Journal                      Page 1287
HB 43                                                                        
with the:                                                 Journal Page         
                                                                               
	CRA RPT  7DP                                                      358         
	2 ZERO FISCAL NOTES (DCRA, DPS)                                   359         
	JUD RPT  5DP 1NR                                                  787         
	2 ZERO FISCAL NOTES (DCRA, DPS) 3/5/99                            787         
	FIN RPT  5DP 1DNP 3NR 1AM                                         895         
	2 ZERO FISCAL NOTES (DCRA, DPS) 3/5/99                            896         
                                                                               
Representative Green moved and asked unanimous consent that HB43               
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
HB43 was read the third time.                                                  
                                                                               
**The presence of Representatives Mulder and Therriault was noted.             
                                                                               
The question being:  "Shall HB43 pass the House?"  The roll was                
taken with the following result:                                               
                                                                               
HB 43                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, 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:  Barnes, Ogan                                                          
                                                                               
And so, HB43 passed the House and was referred to the Chief Clerk              
for engrossment.                                                               
                                                                               
                                                                               
HB 187                                                                       
The following was read the second time:                                        
                                                                               

1999-05-10                     House Journal                      Page 1288
HB 187                                                                       
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."         
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  2DP 3NR                                                  977         
	FISCAL NOTE (DHSS)                                                977         
	FIN RPT  CS(FIN) NT 3DP 7NR                                      1222         
	FISCAL NOTE (DHSS) 4/26/99                                       1223         
                                                                               
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. 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         
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."                                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Green moved and asked unanimous consent that CSHB
187(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 187(FIN) was read the third time.                                         
                                                                               

1999-05-10                     House Journal                      Page 1289
HB 187                                                                       
**The presence of Representative Barnes was noted.                             
                                                                               
The question being:  "Shall CSHB 187(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 187(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, Moses, Mulder, Murkowski,               
Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker,            
Williams                                                                       
                                                                               
Absent:  Ogan                                                                  
                                                                               
And so, CSHB 187(FIN) passed the House.                                        
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
CSHB 187(FIN) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
HB 225                                                                       
The following, which had been held to today's calendar (page 1271),            
was read the second time:                                                      
                                                                               
HOUSE BILL NO. 225                                                            
"An Act relating to election campaigns and legislative ethics; and            
providing for an effective date."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 2DP 4NR                                         1259         
	ZERO FISCAL NOTE (H.JUD)                                         1260         
                                                                               

1999-05-10                     House Journal                      Page 1290
HB 225                                                                       
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. 225(JUD)                                                
	(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Croft:                           
                                                                               
Page 4, line 25, following "(C)":                                              
	Insert "reasonable"                                                       
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative James objected.                                                 
                                                                               
**The presence of Representative Ogan was noted.                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 225(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  16   NAYS:  23   EXCUSED:  0   ABSENT:  1                             
                                                                               
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf,            
Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses,                     
Murkowski, Smalley                                                             
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Foster,              
Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder,            
Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams            
                                                                               
Absent:  Ogan                                                                  
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               

1999-05-10                     House Journal                      Page 1291
HB 225                                                                       
Amendment No. 2 (title amendment) was offered by Representative                
Berkowitz:                                                                     
                                                                               
Page 1, line 1:                                                                
	Delete "election campaigns and legislative ethics"                          
	Insert "the date after which a person or group may not make                  
a contribution to a candidate; relating to permitted and prohibited            
uses of public assets and resources under the campaign finance law             
and the legislative ethics code"                                              
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Cowdery objected.                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 225(JUD)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  16   NAYS:  19   EXCUSED:  0   ABSENT:  5                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf,            
Joule, Kapsner, Kemplen, Kerttula, Moses, Murkowski, Phillips,                 
Smalley, Williams                                                              
                                                                               
Nays:  Barnes, Bunde, Cowdery, Davis, Foster, Green, Halcro, Harris,           
Hudson, James, Kott, Masek, Morgan, Mulder, Porter, Rokeberg,                  
Sanders, Therriault, Whitaker                                                  
                                                                               
Absent:  Austerman, Coghill, Kohring, Kookesh, Ogan                            
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
Amendment No. 3 was offered  by Representative Berkowitz:                       
                                                                               
Page 3, line 24, following "unlimited":                                    
	Delete "use"                                                              
	Insert "direction"                                                        
                                                                               

1999-05-10                     House Journal                      Page 1292
HB 225                                                                       
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Cowdery objected.                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 225(JUD)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  16   NAYS:  20   EXCUSED:  0   ABSENT:  4                             
                                                                               
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf,            
Hudson, Joule, Kapsner, Kemplen, Kerttula, Moses, Porter, Smalley,             
Williams                                                                       
                                                                               
Nays:  Barnes, Bunde, Cowdery, Davis, Foster, Green, Halcro, Harris,           
James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips,              
Rokeberg, Sanders, Therriault, Whitaker                                        
                                                                               
Absent:  Austerman, Coghill, Kookesh, Ogan                                     
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Berkowitz:                       
                                                                               
Page 3, line 25, following "cards":                                        
	Insert ", except that seasonal greeting cards may not be mailed             
for sixty days preceding a state primary or general election"                
                                                                               
Representative Berkowitz moved and asked unanimous consent that                
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Kott objected.                                                  
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1999-05-10                     House Journal                      Page 1293
HB 225                                                                       
                                                                               
CSHB 225(JUD)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  18   NAYS:  22   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Grussendorf,            
Halcro, Hudson, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Moses,             
Murkowski, Smalley, Therriault                                                 
                                                                               
Nays:  Austerman, Barnes, Coghill, Cowdery, Davis, Dyson, Foster,              
Green, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Ogan,              
Phillips, Porter, Rokeberg, Sanders, Whitaker, Williams                        
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Croft:                           
                                                                               
Page 2, line 28, following "activity,":                                        
	Insert "or for preparation or mailing of seasonal greeting cards,"            
                                                                               
Page 3, lines 24 - 25:                                                         
	Delete all material.                                                          
                                                                               
Reletter the following subparagraphs accordingly.                              
                                                                               
Representative Croft moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Barnes objected.                                                
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 225(JUD)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  17   NAYS:  21   EXCUSED:  0   ABSENT:  2                             
                                                                               
                                                                               

1999-05-10                     House Journal                      Page 1294
HB 225                                                                       
Yeas:  Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Grussendorf,            
Halcro, Hudson, Joule, Kapsner, Kemplen, Kerttula, Moses,                      
Murkowski, Smalley, Whitaker                                                   
                                                                               
Nays:  Austerman, Barnes, Coghill, Cowdery, Davis, Dyson, Foster,              
Green, Harris, James, Kohring, Kott, Morgan, Mulder, Ogan, Phillips,           
Porter, Rokeberg, Sanders, Therriault, Williams                                
                                                                               
Absent:  Kookesh, Masek                                                        
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
Representative Green moved and asked unanimous consent that CSHB
225(JUD) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 225(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 225(JUD) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 225(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  27   NAYS:  12   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Austerman, Barnes, Coghill, Cowdery, Davis, Dyson, Foster,              
Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kohring, Kott,           
Masek, Morgan, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders,              
Therriault, Whitaker, Williams                                                 
                                                                               
Nays:  Berkowitz, Brice, Bunde, Cissna, Croft, Davies, Grussendorf,            
Kemplen, Kerttula, Moses, Murkowski, Smalley                                   
                                                                               
Absent:  Kookesh                                                               
                                                                               
And so, CSHB 225(JUD) passed the House.                                        
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           

1999-05-10                     House Journal                      Page 1295
HB 225                                                                       
Representative Kerttula gave notice of reconsideration of her vote on          
CSHB 225(JUD).                                                                 
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 93                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 93(FIN)                                                
"An Act relating to the purposes of certain businesses and                    
corporations; relating to the names of businesses and                          
organizations; relating to the registration under the Alaska                   
Trademark Act of marks that resemble the name of another                       
business or organization; and providing for an effective date."                
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  3DP 1NR                                                 1138         
	SENATE FISCAL NOTE (DCED) 3/26/99                                1138         
	FIN RPT  4DP 2DNP 3NR                                            1197         
	SENATE FISCAL NOTE (DCED) 3/26/99                                1198         
                                                                               
Representative Green moved and asked unanimous consent that CSSB
93(FIN) be considered engrossed, advanced to third reading and placed          
on final passage.                                                              
                                                                               
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that CSSB 93(FIN) will be in third reading on the           
May 11, 1999, calendar.                                                        
                                                                               
SB 98                                                                        
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 98                                                            
"An Act relating to teacher tenure."                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  1DP 4NR 1AM                                              897         
	SENATE ZERO FISCAL NOTE (DOE) 3/30/99                             898         

1999-05-10                     House Journal                      Page 1296
SB 98                                                                        
The Speaker stated that, without objection, SB 98 would be moved to            
the bottom of the calendar.                                                    
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 143                                                                       
The following, which was advanced to third reading from the May 8,             
1999, calendar (page 1270), was read the third time:                           
                                                                               
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."                     
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Mulder                                                         
Representative Rokeberg                                                       
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
The question being:  "Shall CSHB 143(L&C) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 143(L&C)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  0   EXCUSED:  0   ABSENT:  6                              
                                                                               
Yeas:  Barnes, Berkowitz, Bunde, Cissna, Coghill, Croft, Davies,               
Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson,              
James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek,                
Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,                   
Sanders, Smalley, Whitaker, Williams                                           
                                                                               
Absent:  Austerman, Brice, Cowdery, Kookesh, Moses, Therriault                 
                                                                               
And so, CSHB 143(L&C) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               

1999-05-10                     House Journal                      Page 1297
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 141                                                                       
The following, which was advanced to third reading from the May 8,             
1999, calendar (page 1273), was read the third time:                           
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 141(RLS)                                  
"An Act relating to construction contracts and subcontractors;                
relating to design-build construction contracts; and providing for             
an effective date."                                                            
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 141(RLS) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 141(RLS)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  27   NAYS:  10   EXCUSED:  0   ABSENT:  3                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cissna, Coghill, Cowdery, Davis,              
Dyson, Foster, Halcro, Harris, Hudson, James, Kapsner, Kohring, Kott,          
Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg,                  
Sanders, Smalley, Whitaker, Williams                                           
                                                                               
Nays:  Berkowitz, Croft, Davies, Green, Grussendorf, Joule, Kemplen,           
Kerttula, Moses, Ogan                                                          
                                                                               
Absent:  Brice, Kookesh, Therriault                                            
                                                                               
And so, HCS CSSB 141(RLS) 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 Berkowitz objected.                                             
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               

1999-05-10                     House Journal                      Page 1298
SB 141                                                                       
                                                                               
HCS CSSB 141(RLS)                                                              
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  29   NAYS:  9   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cissna, Coghill, Cowdery, Davis,              
Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott,            
Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Sanders, Smalley, Therriault, Whitaker, Williams                               
                                                                               
Nays:  Berkowitz, Croft, Davies, Grussendorf, Joule, Kapsner,                  
Kemplen, Kerttula, Moses                                                       
                                                                               
Absent:  Brice, Kookesh                                                        
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
Representative Green moved that the House Rules Committee letter of            
intent (page 1263) be adopted.                                                 
                                                                               
The question being:  "Shall the House Rules Committee letter of intent         
be adopted?"  The roll was taken with the following result:                    
                                                                               
HCS CSSB 141(RLS)                                                              
Third Reading                                                                  
Adopt House Rules Committee Letter of Intent                                   
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill,            
Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf,              
Halcro, Harris, James, Joule, Kapsner, Kemplen, Kerttula, Kohring,             
Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips,                 
Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams             
                                                                               
Absent:  Hudson, Kookesh                                                       
                                                                               
And so, the House Rules Committee letter of intent was adopted.                
                                                                               
Representative Croft later gave notice of reconsideration of his vote on       
HCS CSSB 141(RLS), and the reconsideration was taken up then.                  

1999-05-10                     House Journal                      Page 1299
                       SENATE BILLS IN SECOND READING                      
                                                                               
SB 98                                                                        
The following, which had been read a second time and moved to the              
bottom of the calendar (page 1296), was again before the House:                
                                                                               
SENATE BILL NO. 98                                                            
"An Act relating to teacher tenure."                                          
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Brice:                           
                                                                               
Page 1, line 3, through Page 2, line 13:                                       
	Delete all material and insert:                                               
   "* Section 1.  AS14.20.147(b) is amended to read:                         
	(b)  When a school operated by a federal agency is transferred               
to or absorbed into a new or existing school district, the teachers            
shall also be transferred if mutually agreed by the teacher or                 
teachers and the school board of the new or existing district. A               
teacher transferred from a federal agency school that does not have            
an official salary schedule or teacher tenure in the same manner as            
a public school district in the state shall be placed on a position on         
the salary schedule of the absorbing district; the salary may not be           
less than the teacher would have received in the federal agency                
school.  If the teacher taught two ¦THREEá or more years in the            
federal agency school and, at the time of transfer, had a valid                
Alaska teaching certificate, that teacher shall be placed on tenure            
in the absorbing district.                                                     
   * Sec. 2.  AS14.20.150(a) is amended to read:                             
	(a)  Except as provided in (c) ¦OR (d)á of this section, a                   
teacher acquires tenure rights in a district when the teacher                  
		(1)  possesses a valid teaching certificate that authorizes                 
the teacher to be employed as a certificated teacher or as an                  
administrator under regulations adopted by the department;                     
		(2)  has been employed as a teacher in the same district                    
continuously for two ¦THREEá full school years;                            
		(3)  receives, in the second ¦THIRDá year of any two-                 
year ¦THREE-YEARá period of continuous employment with the                   
district, an evaluation under the districts evaluation system stating          
that the teachers performance meets the district performance                   
standards; and                                                                 
		(4)  on or before October 15 of the school year,                            

1999-05-10                     House Journal                      Page 1300
SB 98                                                                        
		(A)  accepts a contract for employment as a teacher                        
in the district for a third ¦FOURTHá consecutive school year;              
and                                                                            
		(B)  performs a day of teaching services in the district                   
during that school year.                                                       
    * Sec. 3.  AS14.20.150(d) is repealed.                                   
   * Sec. 4.  TRANSITIONAL PROVISION.  Notwithstanding the                   
amendments made to AS14.20.147(b) and 14.20.150(a) by secs. 1 and              
2 of this Act, the tenure rights of a teacher who, on the effective date       
of this Act, is in the teacher's third consecutive year of teaching in a       
school district or federal agency school shall be determined under             
AS14.20.147(b) or 14.20.150(a), as appropriate, as they existed before         
the amendments made by this Act."                                              
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Phillips objected.                                              
                                                                               
Representative Davies moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Davies was required to vote.                     
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 98                                                                          
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  12   NAYS:  27   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Harris,           
Kemplen, Kerttula, Kott, Moses, Smalley                                        
                                                                               
Nays:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Foster, Green, Halcro, Hudson, James, Joule, Kapsner, Kohring,                 
Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,            
Sanders, Therriault, Whitaker, Williams                                        
                                                                               
Absent:  Kookesh                                                               
                                                                               

1999-05-10                     House Journal                      Page 1301
SB 98                                                                        
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Austerman:                       
                                                                               
Page 2, following  line 13:                                                    
	 Insert a new bill section to read:                                           
                                                                               
   * Sec. 2.  AS 14.20.150 is amended by adding a new subsection to          
read:                                                                          
	(e) A teacher who has acquired tenure in a school district and               
moves to a new school district will reacquire tenure on the first              
instructional day of the third year of employment.                             
                                                                               
Representative Austerman moved and asked unanimous consent that                
Amendment No. 2 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
SB 98                                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery,           
Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro,               
Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott,                
Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter,               
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Nays:  Kohring                                                                 
                                                                               
Absent:  Barnes, Kookesh                                                       
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
Representative Green moved and asked unanimous consent that SB98               
am H be considered engrossed, advanced to third reading and placed             
on final passage.                                                              

1999-05-10                     House Journal                      Page 1302
SB 98                                                                        
Representative Berkowitz objected.                                             
                                                                               
The Speaker stated that SB 98 am H will be in third reading on the             
May 11, 1999, calendar.                                                        
                                                                               
                                                                               
                            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 - Darla Mae Church                                                    
By Representatives Harris, Porter, Austerman, Berkowitz, Brice,                
Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro,             
Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott,               
Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault,             
Williams; Senator Lincoln                                                      
                                                                               
Honoring - The Under 15 "A" Alaska Firebirds Hockey Team                       
By Representatives Bunde, Porter, Austerman, Berkowitz, Brice,                 
Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf,              
Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula,              
Kohring, Kott, Morgan, Mulder, Murkowski, Rokeberg, Sanders,                   
Smalley, Therriault, Williams                                                  
                                                                               
Honoring - Geoff and Marcy Larson, 1999 Alaskan Small Business                 
Persons of the Year                                                            
By Senator Elton; Representatives Hudson, Kerttula, Porter,                    
Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies,            
Davis, Dyson, Green, Grussendorf, Halcro, Harris, James, Joule,                
Kapsner, Kemplen, Kohring, Kott, Morgan, Mulder, Murkowski,                    
Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams                     
                                                                               
In Memoriam - Levy Alasuk Mills, Sr.                                           
By Representatives Joule, Porter, Austerman, Berkowitz, Brice, Cissna,         
Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris,              
Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott,             
Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley,               
Therriault, Williams                                                           

1999-05-10                     House Journal                      Page 1303
In Memoriam - Harold Gillam                                                    
By Senators Pete Kelly, Ward, Wilken; Representatives Coghill, Porter,         
Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies,            
Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James,              
Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan,               
Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault,           
Williams                                                                       
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
SB 141                                                                       
Representative Croft gave notice of reconsideration of his vote on HCS         
CSSB 141(RLS) (page 1298).                                                     
                                                                               
Representative Mulder moved and asked unanimous consent that                   
reconsideration of HCS CSSB 141(RLS) be taken up on the same day.              
                                                                               
Objection was heard.                                                           
                                                                               
Representative Mulder placed a call of the House.                              
                                                                               
The Speaker stated that, without objection, Representative Kookesh             
would be excused from a call of the House today.                               
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall the reconsideration of HCS CSSB
141(RLS) be taken up on the same day?"  The roll was taken with the            
following result:                                                              
                                                                               
HCS CSSB 141(RLS)--RECONSIDERATION                                             
Third Reading                                                                  
Take up Reconsideration                                                        
                                                                               
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson,               
Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek,            
Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg,                   
Sanders, Therriault, Whitaker, Williams                                        
                                                                               

1999-05-10                     House Journal                      Page 1304
SB 141                                                                       
Nays:  Berkowitz, Brice, Cissna, Croft, Davies, Grussendorf, Joule,            
Kapsner, Kemplen, Kerttula, Moses, Smalley                                     
                                                                               
Excused:  Kookesh                                                              
                                                                               
And so, the motion passed.                                                     
                                                                               
The following was again before the House in third reading:                     
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 141(RLS)                                  
"An Act relating to construction contracts and subcontractors;                
relating to design-build construction contracts; and providing for             
an effective date."                                                            
                                                                               
The question to be reconsidered:  "Shall HCS CSSB 141(RLS) pass the            
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 141(RLS)--RECONSIDERATION                                             
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, Cissna, Coghill, Cowdery, Davis,              
Dyson, Foster, Halcro, Harris, Hudson, James, Joule, Kemplen,                  
Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter,             
Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams                     
                                                                               
Nays:  Berkowitz, Brice, Croft, Davies, Green, Grussendorf, Kapsner,           
Kerttula, Moses, Ogan                                                          
                                                                               
Excused:  Kookesh                                                              
                                                                               
And so, HCS CSSB 141(RLS) passed the House on reconsideration.                 
                                                                               
Representative Green moved and asked unanimous consent that the roll           
call on the passage of the bill be considered the roll call on the             
effective date clause.  There being no objection, it was so ordered.           
                                                                               
Representative Green moved and asked unanimous consent that the                
House Rules Committee letter of intent (page 1263) be adopted.  There          
being no objection, it was so ordered.                                         

1999-05-10                     House Journal                      Page 1305
SB 141                                                                       
HCS CSSB 141(RLS) was referred to the Chief Clerk for engrossment.             
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 146                                                                       
The Finance Committee has submitted the forthcoming fiscal note to             
accompany their report (page 1226):                                            
                                                                               
Fiscal note, Dept. of Fish & Game, 5/10/99                                     
                                                                               
for the following:                                                             
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 146(FIN)                                  
"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."                                                            
                                                                               
CSSB 146(FIN) am is in the Rules Committee.                                    
                                                                               
                                                                               
HB 43                                                                        
Representative Croft added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 43                                                             
"An Act relating to police training surcharges imposed for                    
violations of municipal ordinances."                                           
                                                                               
HB 135                                                                        
Representative Cissna added her name as cosponsor to:                         
                                                                               
CS FOR HOUSE BILL NO. 135(JUD) am                                             
"An Act relating to use of eavesdropping and recording devices by             
peace officers."                                                               
                                                                               
SB 98                                                                        
Representative Ogan added his name as cross sponsor to:                        
                                                                               
SENATE BILL NO. 98 am H                                                       
"An Act relating to teacher tenure."                                          
                                                                               

1999-05-10                     House Journal                      Page 1306
                                 ENGROSSMENT                                 
                                                                               
HB 43                                                                        
HB 43 was engrossed, signed by the Speaker and Chief Clerk and                 
transmitted to the Senate for consideration.                                   
                                                                               
HB 143                                                                       
CSHB 143(L&C) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 187                                                                       
CSHB 187(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
SB 141                                                                       
HCS CSSB 141(RLS) was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate, with a House letter of intent, for        
consideration.                                                                 
                                                                               
                                  ENROLLMENT                                 
                                                                               
HJR 14                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 1:30 p.m.,            
May 10, 1999:                                                                  
                                                                               
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.                             
                                                                               
HJR 15                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 1:30 p.m.,            
May 10, 1999:                                                                  
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 15(RES)                                     
Relating to support for the "American Land Sovereignty Protection             
Act" in the United States Congress.                                            
                                                                               

1999-05-10                     House Journal                      Page 1307
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
The following meetings today have been changed as indicated:                   
                                                                               
Judiciary Committee                                                            
1:00 p.m., 5/10 meeting CHANGED TO                     1:30 p.m., 5/10         
                                                                               
Conference Committee                                                           
HB  50 OPERATING BUDGET APPROPRIATIONS                                         
HB  51 MENTAL HEALTH APPROPRIATIONS                                            
4:00 p.m., 5/10 meeting CANCELED                                               
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Green moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., May 11, 1999.  There being no                  
objection, the House adjourned at 12:29 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk