Legislature(1999 - 2000)
1999-05-16 House Journal
Full Journal pdf1999-05-16 House Journal Page 1475 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- FIRST SESSION Juneau, Alaska Sunday May 16, 1999 One Hundred Eighteenth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 12:10 p.m. Roll call showed 35 members present. Representatives Barnes, Grussendorf, Rokeberg and Therriault were absent and their presence was noted later. Representative Green moved and asked unanimous consent that Representative Joule's previous excuse (page 375) be extended through 9:00 p.m. today. There being no objection, it was so ordered. The invocation was offered by the Chaplain Designee, Representative Cissna. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: We come together to do the people's work. Let us be inspired by our acquaintanceship with the people we serve, and keep their needs and aspirations in mind, however far away they are. May we serve the poor as well as the rich, the sick as well as the healthy, the unfortunate as well as the influential. From thinking ourselves more important than we are, may our sense of humor liberate us. May we create just laws, not havens of special privilege. 1999-05-16 House Journal Page 1476 May we preserve the beauty of nature, the treasures of our many Alaskan cultures, and the well being of all communities, large and small. May we find inspiration from the accomplishments of our most distinguished Alaskan predecessors, those who crafted our state government to serve noble ideals and purposes. God of our mixed up, tragic, aspiring, doubting, and insurgent lives, help us to be as good as in our hearts we have always wanted to be. Amen Composed by Rev. Arthur E. Curtis, Unitarian Universalists, Anchorage The Pledge of Allegiance was led by Representative Kerttula. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 117th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 102 A message dated May 14, 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: SENATE BILL NO. 102 "An Act designating the State Trooper Bruce A. Heck Memorial Corridor." Chapter No. 24, SLA 1999 Effective Date: August 12, 1999 **The presence of Representative Grussendorf was noted. 1999-05-16 House Journal Page 1477 MESSAGES FROM THE SENATE HB 68 A message dated May 15, 1999, was read stating the Senate has passed: HOUSE BILL NO. 68 "An Act extending the termination date of the Board of Pharmacy to June 30, 2005; and providing for an effective date." HB 68 was referred to the Chief Clerk for enrollment. HB 78 A message dated May 15, 1999, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 78(TRA) "An Act relating to transfer of a vehicle title by the owner; and providing for an effective date." CSHB 78(TRA) was referred to the Chief Clerk for enrollment. HB 94 A message dated May 15, 1999, was read stating the Senate has passed: HOUSE BILL NO. 94 "An Act removing employees of the Alcoholic Beverage Control Board from the exempt service." HB 94 was referred to the Chief Clerk for enrollment. HB 101 A message dated May 15, 1999, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 101(L&C) "An Act relating to the mailing requirements that must be followed 1999-05-16 House Journal Page 1478 HB 101 by the commissioner of commerce and economic development to involuntarily dissolve certain organized entities; relating to the reinstatement of corporations that are public utilities and that have been involuntarily dissolved; and providing for an effective date." CSHB 101(L&C) was referred to the Chief Clerk for enrollment. HB 102 A message dated May 15, 1999, was read stating the Senate has passed: HOUSE BILL NO. 102 "An Act imposing certain requirements relating to cigarette sales in this state by tobacco product manufacturers, including requirements for escrow, payment, and reporting of money from cigarette sales in this state; providing penalties for noncompliance with those requirements; and providing for an effective date." HB 102 was referred to the Chief Clerk for enrollment. SJR 8 A message dated May 15, 1999, was read stating the Senate has concurred in the House amendment to SJR 8, thus adopting: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 8(JUD) Relating to the 2000 decennial United States census and to the development of redistricting data for use by the state in legislative redistricting. SB 3 A message dated May 15, 1999, was read stating the Senate has concurred in the House amendment to CSSB 3(RLS), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 3(FIN) "An Act relating to the crimes of murder, solicitation to commit murder in the first degree, conspiracy to commit murder in the first degree, manslaughter, and criminally negligent homicide; relating to homicides of children; relating to registration as a sex 1999-05-16 House Journal Page 1479 SB 3 offender or child kidnapper; relating to the crime of interference with custody of a child or incompetent person; and providing for an effective date." REPORTS OF STANDING COMMITTEES HB 227 The Resources Committee has considered: HOUSE BILL NO. 227 "An Act modifying the Department of Natural Resources' power to control and manage certain land within the Hatcher Pass Public Use Area and making that land available for selection by the Matanuska-Susitna Borough." and recommends it be replaced with: CS FOR HOUSE BILL NO. 227(RES) (same title) The report was signed by Representatives Ogan and Sanders, Co- chairs, with the following individual recommendations: Do pass (4): Masek, Harris, Whitaker, Ogan Do not pass (1): Barnes No recommendation (3): Kapsner, Morgan, Sanders The following fiscal note applies to CSHB 227(RES): Fiscal note, Dept. of Natural Resources, 5/16/99 HB 227 was referred to the Rules Committee for placement on the calendar. SCR 8 The Finance Committee has considered: 1999-05-16 House Journal Page 1480 SCR 8 SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long-Term Care Task Force of 1999. The report was signed by Representative Bunde, Vice Chair, with the following individual recommendations: Do pass (8): Bunde, Kohring, Austerman, Davies, Grussendorf, Davis, Williams, Foster No recommendation (1): Moses The following fiscal note applies: Senate fiscal note, Legislative Affairs Agency, 4/21/99 SCR 8 was referred to the Rules Committee for placement on the calendar. SJR 25 The Judiciary Committee has considered: SENATE JOINT RESOLUTION NO. 25 Relating to voluntary school prayer. and recommends it be replaced with: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 25(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Green, James, Rokeberg, Kott No recommendation (1): Murkowski The following fiscal note applies to HCS SJR 25(JUD): Senate zero fiscal note, Senate Judiciary Committee, 5/5/99 1999-05-16 House Journal Page 1481 SJR 25 SJR 25 was referred to the Rules Committee for placement on the calendar. SB 10 The Community & Regional Affairs Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) "An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground." and recommends it be replaced with: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 10(CRA) (same title) The report was signed by Representative Halcro, Co-chair, with the following individual recommendations: Do pass (2): Halcro, Harris No recommendation (4): Murkowski, Kookesh, Dyson, Morgan The following fiscal note applies to HCS CSSSSB 10(CRA): Senate zero fiscal note, Dept. of Commerce & Economic Development, 5/11/99 CSSSSB10(FIN) was referred to the Rules Committee for placement on the calendar. SB 94 The Finance Committee has considered: 1999-05-16 House Journal Page 1482 SB 94 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am "An Act relating to the medical use of marijuana; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SS FOR SENATE BILL NO. 94(FIN) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (7): Therriault, Mulder, Kohring, Davies, Grussendorf, Davis, Williams No recommendation (4): Bunde, Austerman, Foster, Moses The following fiscal note applies to HCS CSSSSB 94(FIN): Senate fiscal note, Dept. of Health & Social Services, 5/4/99 CSSSSB 94(FIN) am is on today's calendar. SB 97 The Finance Committee has considered: CS FOR SENATE BILL NO. 97(FIN) am "An Act relating to mental health services and programs; relating to liability for payment for mental health evaluation and treatment services; and providing for an effective date." The report was signed by Representative Bunde, Vice Chair, with the following individual recommendations: Do pass (9): Bunde, Kohring, Austerman, Davies, Grussendorf, Moses, Davis, Williams, Foster The following fiscal note applies: 1999-05-16 House Journal Page 1483 SB 97 Senate fiscal note, Dept. of Health & Social Services, 4/21/99 CSSB 97(FIN) am was referred to the Rules Committee for placement on the calendar. SB 155 The Finance Committee has considered: CS FOR SENATE BILL NO. 155(FIN) "An Act relating to methods of payment of and reports concerning certain state salaries and business expenses." The report was signed by Representative Bunde, Vice Chair, with the following individual recommendations: Do pass (2): Bunde, Foster Do not pass (2): Davies, Moses No recommendation (3): Austerman, Grussendorf, Williams Amend (2): Kohring, Davis The following fiscal note applies: Senate fiscal note, Dept. of Administration, 5/7/99 CSSB 155(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Rokeberg was noted. SB 157 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 157(FIN) am "An Act relating to power cost equalization; relating to appropriations from the National Petroleum Reserve - Alaska special revenue fund to the power cost equalization and rural electric capitalization fund; relating to the power cost equalization 1999-05-16 House Journal Page 1484 SB 157 and rural electric capitalization fund and the four dam pool transfer fund; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 157(CRA) (same title) The report was signed by Representative Halcro, Co-chair, with the following individual recommendations: Do pass (6): Morgan, Halcro, Harris, Murkowski, Kookesh, Dyson The following fiscal note applies to HCS CSSB 157(CRA): Fiscal note, House Community & Regional Affairs Committee/Dept. of Community & Regional Affairs, 5/16/99 CSSB 157(FIN) am was referred to the Finance Committee. SB 167 The Finance Committee has considered: CS FOR SENATE BILL NO. 167(FIN) "An Act relating to scholarships to attend the University of Alaska; and providing for an effective date." The report was signed by Representative Bunde, Vice Chair, with the following individual recommendations: Do pass (6): Bunde, Austerman, Davies, Grussendorf, Moses, Foster No recommendation (3): Kohring, Davis, Williams The following fiscal note applies: Senate fiscal note, University of Alaska, 5/7/99 CSSB 167(FIN) was referred to the Rules Committee for placement on the calendar. 1999-05-16 House Journal Page 1485 SB 169 The Finance Committee has considered: CS FOR SENATE BILL NO. 169(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2000; and providing for an effective date." The report was signed by Representative Bunde, Vice Chair, with the following individual recommendations: Do pass (6): Bunde, Kohring, Austerman, Davis, Williams, Foster No recommendation (1): Grussendorf The following fiscal note applies: Senate zero fiscal note, Office of the Governor/All Depts., 5/10/99 CSSB 169(FIN) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jerry & Louise Hagel, Owners of the Stake Shop By Representative Berkowitz Honoring - Government Hill Elementary, Title I Distinguished School By Representative Murkowski Honoring - The Children's Place By Representative Masek In Memoriam - Don M. Dafoe By Representatives Croft, Bunde 1999-05-16 House Journal Page 1486 In Memoriam - Charlotte Adams By Senator Lincoln In Memoriam - Peter Egrass By Senator Lincoln; Representative Morgan In Memoriam - Reverend James Gilbert By Senator Lincoln; Representative Morgan In Memoriam - Teddy Luke By Senator Lincoln; Representative Morgan In Memoriam - Bertha Demit-Sinyon By Senator Lincoln; Representative Morgan INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 41 HOUSE JOINT RESOLUTION NO. 41 by Representative Kemplen: Urging the use of northern design principles and full-cost accounting techniques for publicly funded construction projects in Alaska. was read the first time and referred to the Transportation, State Affairs and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 244 HOUSE BILL NO. 244 by Representatives Croft and Dyson, entitled: "An Act relating to disclosure of information by the attorney general about possible unfair trade practices; and relating to liability for allegations relating to unfair trade practices." was read the first time and referred to the Judiciary Committee. 1999-05-16 House Journal Page 1487 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 29 The following was read the second time: CS FOR SENATE BILL NO. 29(RLS) "An Act relating to licensure of physicians; and providing for an effective date." with the: Journal Page L&C RPT 5DP 1NR 1438 SENATE ZERO FISCAL NOTE (DCED) 2/26/99 1438 Representative Green moved and asked unanimous consent that CSSB 29(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 29(RLS) will be in third reading on the May 17, 1999, calendar. SB 51 The following was read the second time: CS FOR SENATE BILL NO. 51(L&C) "An Act relating to barbers, hairdressers, manicurists, and cosmetologists; providing that the only qualification necessary for licensure as a manicurist, other than payment of fees, is completion of a class that is 12 hours in duration, addresses relevant health, safety, and hygiene concerns, and is offered through a school approved by the Board of Barbers and Hairdressers; and providing for an effective date." with the: Journal Page L&C RPT HCS(L&C) 3DP 3NR 1224 FISCAL NOTE (DCED) 1224 1999-05-16 House Journal Page 1488 SB 51 FIN RPT HCS(L&C) 1DP 1DNP 5NR 1438 FISCAL NOTE (DCED) 1439 SENATE FISCAL NOTE (DEC) 3/26/99 1439 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. 51(L&C) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSB 51(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 51(L&C) will be in third reading on the May 17, 1999, calendar. SB 94 The following was read the second time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 94(FIN) am "An Act relating to the medical use of marijuana; and providing for an effective date." with the: Journal Page FIN RPT HCS 7DP 4NR 1482 SENATE FISCAL NOTE (HES), 5/4/99 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 SS FOR SENATE BILL NO. 94(FIN) (same title) 1999-05-16 House Journal Page 1489 SB 94 There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that HCS CSSSSB 94(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSSSB 94(FIN) will be in third reading on the May 17, 1999, calendar. SB 110 The following was read the second time: CS FOR SENATE BILL NO. 110(RLS) am "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." with the: Journal Page CRA RPT 5NR 1AM 1315 INDETERMINATE FISCAL NOTE (DEC) 1316 JUD RPT HCS(JUD) 5DP 1405 INDETERMINATE FISCAL NOTE (DEC) 5/11/99 1405 SENATE ZERO FISCAL NOTE (DOT) 4/29/99 1405 FIN RPT HCS(JUD) 8DP 2NR 1440 2 SENATE ZERO FNS (DOT, DEC) 4/29/99 1440 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. 110(JUD) (same title) There being no objection, it was so ordered. 1999-05-16 House Journal Page 1490 SB 110 Representative Green moved and asked unanimous consent that HCS CSSB 110(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS CSSB 110(JUD) will be in third reading on the May 17, 1999, calendar. SB 171 The following, which is on today's calendar, is in the Rules Committee for consideration: SENATE BILL NO. 171 am "An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of land to the state; and providing for an effective date." THIRD READING OF HOUSE BILLS HB 45 The Speaker stated that, without objection, the following, which was advanced to third reading from the May 15, 1999, calendar (page 1452), would be moved to the bottom of the calendar: CS FOR HOUSE BILL NO. 45(FIN) am "An Act relating to initiative and referendum petitions; and providing for an effective date." THIRD READING OF HOUSE RESOLUTIONS HJR 7 The following, which was advanced to third reading from the May 15, 1999, calendar (page 1451), was read the third time: 1999-05-16 House Journal Page 1491 HJR 7 CS FOR HOUSE JOINT RESOLUTION NO. 7(FIN) am Proposing an amendment to the Constitution of the State of Alaska relating to initiative and referendum petitions. **The presence of Representatives Barnes and Therriault was noted. The question being: "Shall CSHJR 7(FIN) am pass the House?" The roll was taken with the following result: CSHJR 7(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Berkowitz, Croft, Kemplen, Kerttula Excused: Joule And so, CSHJR 7(FIN) am passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS (Continued) HB 45 The following, which was moved to the bottom of the calendar (page 1490) was read the third time: CS FOR HOUSE BILL NO. 45(FIN) am "An Act relating to initiative and referendum petitions; and providing for an effective date." The question being: "Shall CSHB 45(FIN) am pass the House?" The roll was taken with the following result: 1999-05-16 House Journal Page 1492 HB 45 CSHB 45(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Kemplen, Kerttula Excused: Joule And so, CSHB 45(FIN) am passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 45(FIN) am was referred to the Chief Clerk for engrossment. The Speaker stated that, without objection, the House would stand in recess; and so, the House recessed at 1:08 p.m. AFTER RECESS The Speaker called the House back to order at 1:46 p.m. A second quorum call showed 23 members present. CONSIDERATION OF THE DAILY CALENDAR (Continued) LEGISLATIVE CITATIONS Representative Green moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1999-05-16 House Journal Page 1493 Honoring - Eagle Scouts, Ryan Mack, Ian Weatherly, Bryce Burns and Ryan Derry By Representatives Phillips, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - H. Raymond and Laura Measles By Representatives Smalley, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kott, Morgan, Murkowski, Phillips, Rokeberg, Sanders, Therriault, Williams Honoring - Keith Daniel Davis By Representatives Williams, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault Honoring - University of Alaska Student Government By Representatives Cissna, Porter, Austerman, Berkowitz, Brice, Bunde, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Michael Gardner Jr. and Katie Nicole Gallagher By Representatives Kohring, Ogan, Masek, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Kapsner, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senators Green, Halford In Memoriam - Matt Brakel By Representatives Kerttula, Hudson, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, James, Kapsner, Kemplen, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton 1999-05-16 House Journal Page 1494 In Memoriam - Katrina Winchell By Representatives Kerttula, Hudson, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, James, Kapsner, Kemplen, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senators Elton, Pearce In Memoriam - Gene Damron By Representatives Mulder, Sanders, Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kott, Morgan, Murkowski, Ogan, Phillips, Rokeberg, Smalley, Therriault, Williams In Memoriam - Erma Gail Liebing By Senator Green; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Harris, Hudson, James, Kapsner, Kerttula, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams CONSIDERATION OF THE FIRST SUPPLEMENTAL CALENDAR Representative Green moved and asked unanimous consent that the House adopt the First Supplemental Calendar. Representative Berkowitz objected and withdrew the objection. There being no further objection, the following calendar was adopted: HB 227 CSSSSB 10(FIN) CSSB 155(FIN) CSSB 169(FIN) SCR 8 SECOND READING OF HOUSE BILLS HB 227 The following was read the second time: 1999-05-16 House Journal Page 1495 HB 227 HOUSE BILL NO. 227 "An Act modifying the Department of Natural Resources' power to control and manage certain land within the Hatcher Pass Public Use Area and making that land available for selection by the Matanuska-Susitna Borough." with the: Journal Page RES RPT CS(RES) 4DP 1DNP 3NR 1479 FISCAL NOTE (DNR) 1479 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. 227(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 (title amendment) was offered by Representatives Barnes, Davies and Ogan: Page 1, lines 1 - 3: Delete all material. Insert ""An Act making up to 160 acres of land available for selection by the Matanuska-Susitna Borough."" Representative Barnes moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 227(RES)(title am) "An Act making up to 160 acres of land available for selection by the Matanuska-Susitna Borough." Amendment No. 2 was not offered. 1999-05-16 House Journal Page 1496 HB 227 Amendment No. 3 was offered by Representatives Berkowitz, Kerttula and Ogan: Page 2, following line 21: Insert a new subsection to read: "(c) Any proceeds from the sale, lease, or any other conveyance from the land described in (b) of this section shall revert to the general fund of the state." Reletter following subsection accordingly. Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 227(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 227(RES) am was read the third time. The question being: "Shall CSHB 227(RES) am pass the House?" The roll was taken with the following result: CSHB 227(RES) am Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule Absent: Croft 1999-05-16 House Journal Page 1497 HB 227 And so, CSHB 227(RES) am passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 10 The following was read the second time: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(FIN) "An Act requiring an electric or telephone utility that provides services in a municipality with a population of more than 200,000 to have an ongoing program of placing existing overhead utility distribution lines underground; and relating to rates for recovering the cost of placing existing overhead utility distribution lines underground." with the: Journal Page CRA RPT HCS(CRA) 2DP 4NR 1481 SENATE ZERO FISCAL NOTE (DCED) 5/11/99 1481 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 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 10(CRA) (same title) There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSSSB 10(CRA) would be held in second reading to the May 17, 1999, calendar. SB 155 The following was read the second time: CS FOR SENATE BILL NO. 155(FIN) "An Act relating to methods of payment of and reports concerning certain state salaries and business expenses." 1999-05-16 House Journal Page 1498 SB 155 with the: Journal Page STA RPT 2DP 2NR 1442 SENATE FISCAL NOTE (ADM) 5/7/99 1442 FIN RPT 2DP 2DNP 3NR 2AM 1483 SENATE FISCAL NOTE (ADM) 5/7/99 1483 Representative Green moved and asked unanimous consent that CSSB 155(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 155(FIN) will be in third reading on the May 17, 1999, calendar. SB 169 The following was read the second time: CS FOR SENATE BILL NO. 169(FIN) "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2000; and providing for an effective date." with the: Journal Page FIN RPT 6DP 1NR 1485 SENATE ZERO FN (GOV/ALL DEPTS) 5/10/99 1485 Amendment No. 1 was offered by Representative Brice: Page 14, line 17, following "are": Insert "abused and neglected or" Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. 1999-05-16 House Journal Page 1499 SB 169 Representative Therriault objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Brice: Page 14, line 11: Delete "alcohol, other drugs, and inhalant abuse" Insert "the abuse of alcohol, other drugs and inhalants" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Brice: Page 13, line 28, following "citizens": Insert "with a focus on prevention and early intervention" Representative Brice moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Therriault objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Brice: Page 14, line 23: Delete "the" Insert "their" Representative Brice moved and asked unanimous consent that Amendment No. 4 be adopted. 1999-05-16 House Journal Page 1500 SB 169 Objection was heard and withdrawn. There being no further objection, Amendment No. 4 was adopted. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 171 The Rules Committee has considered: SENATE BILL NO. 171 am "An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of land to the state; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 171(RLS) (same title) The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (4): Green, Porter, Phillips, Cowdery No recommendation (1): Kott Amend (1): Berkowitz The following fiscal notes apply to HCS SB 171(RLS): Senate zero fiscal notes (2), Dept. of Fish & Game, 5/10/99 Senate zero fiscal note, Dept. of Natural Resources, 5/10/99 SB 171 am is on today's calendar. 1999-05-16 House Journal Page 1501 CONSIDERATION OF THE FIRST SUPPCALENDAR (Continued) SECOND READING OF SENATE BILLS (Continued) SB 169 The following, with amendments pending, was again before the House: CS FOR SENATE BILL NO. 169(FIN) am "An Act relating to missions and measures to be applied to certain expenditures by the executive branch of state government and the University of Alaska from the state operating budget for the fiscal year ending June 30, 2000; and providing for an effective date." Amendment No. 5 was offered by Representative Dyson: Page 3, lines 21 - 30: Delete all material. Renumber paragraphs accordingly. Page 14, line 15 following "Services." Insert "(a)" Page 14, line 18: Delete "and" Page 14, line 19: Delete "." Insert "; and (4) ensure that foster care children are expeditiously placed in permanent homes. (b) The legislature intends to measure the success of the division in achieving its mission concerning foster care children by considering the percent (1) decrease in the average time to place a child in a permanent home in reviewed cases; 1999-05-16 House Journal Page 1502 SB 169 (2) increase in the number of recommendations followed by the Division of Family and Youth Services in the Department of Health and Social Services in reviewed cases; (3) increase in the number of cases reviewed. Representative Therriault objected. Representative Dyson moved and asked unanimous consent to withdraw Amendment No. 5. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative James: Page 19, line 19: Delete "develop" Insert "encourage development of" Representative James moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 169(FIN) am H Second Reading Amendment No. 6 YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Foster, Green, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Joule Absent: Croft, Dyson, Grussendorf, Kapsner, Kookesh And so, Amendment No. 6 was adopted. 1999-05-16 House Journal Page 1503 SB 169 Representative Green moved and asked unanimous consent that CSSB 169(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSSB 169(FIN) am H will be in third reading on the May 17, 1999, calendar. SECOND READING OF SENATE RESOLUTIONS SCR 8 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 8 Creating the Long-Term Care Task Force of 1999. with the: Journal Page HES RPT 4DP 1NR 1404 SENATE FISCAL NOTE (LAA) 4/21/99 1404 FIN RPT 8DP 1NR 1479 SENATE FISCAL NOTE (LAA) 4/21/99 1480 The question being: "Shall SCR 8 pass the House?" The roll was taken with the following result: SCR 8 Second Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Nays: Ogan 1999-05-16 House Journal Page 1504 SCR 8 Excused: Joule Absent: Croft, Kapsner And so, SCR 8 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. CONSIDERATION OF THE DAILY CALENDAR (Continued) SECOND READING OF SENATE BILLS (Continued) SB 171 The following was read the second time: SENATE BILL NO. 171 am "An Act relating to the release of certain records and reports required by the Department of Fish and Game regarding fish, shellfish, or fishery products and reports of fish buyers and processors; relating to the transfer of land to the state; and providing for an effective date." with the: Journal Page FSH REFERRAL WAIVED 1423 RES RPT HCS(RES) 7DP 1442 3 SENATE ZERO FNS (2 F&G, DNR) 5/10/99 1443 RLS RPT HCS(RLS) 4DP 1NR 1AM 1500 3 SENATE ZERO FNS (2 F&G, DNR) 5/10/99 1500 Representative Green moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 171(RLS) (same title) There being no objection, it was so ordered. 1999-05-16 House Journal Page 1505 SB 171 Amendment No. 1 was offered by Representative Berkowitz: Page 4, following line 22: Insert a new subparagraph to read: (C) Whittier Representative Berkowitz moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Cowdery objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SB 171(RLS) Second Reading Amendment No. 1 YEAS: 13 NAYS: 23 EXCUSED: 1 ABSENT: 3 Yeas: Berkowitz, Brice, Cissna, Davies, Davis, Grussendorf, Hudson, Kapsner, Kemplen, Kerttula, Kookesh, Smalley, Whitaker Nays: Austerman, Barnes, Bunde, Coghill, Cowdery, Dyson, Foster, Green, Halcro, Harris, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault Excused: Joule Absent: Croft, Moses, Williams And so, Amendment No. 1 was not adopted. Representative Green moved and asked unanimous consent that HCS SB 171(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that HCS SB 171(RLS) will be in third reading on the May 17, 1999, calendar. 1999-05-16 House Journal Page 1506 UNFINISHED BUSINESS SB 33 Representative Green moved that the House rescind previous action (page 1466) in failing to adopt the effective date clause for the following: CONFERENCE CS FOR SENATE BILL NO. 33 "An Act relating to contracts for the performance of certain state functions previously performed by state employees and to the Commission on Privatization and Delivery of Government Services; and providing for an effective date." Representative Cowdery placed a call of the House and lifted the call. The question being: "Shall the House rescind previous action in failing to adopt the effective date clause for CCS SB 33?" The roll was taken with the following result: CCS SB 33 Adopt-Effective Date Rescind previous action YEAS: 28 NAYS: 10 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, Coghill, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Davies, Grussendorf, Kapsner, Kemplen, Kerttula, Moses, Smalley Excused: Joule Absent: Croft And so, the motion passed. Representative Green moved that the effective date clause be adopted. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: 1999-05-16 House Journal Page 1507 SB 33 CCS SB 33 Adopt-Effective Date YEAS: 27 NAYS: 11 EXCUSED: 1 ABSENT: 1 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 Nays: Berkowitz, Brice, Cissna, Davies, Grussendorf, Kapsner, Kemplen, Kerttula, Kookesh, Moses, Smalley Excused: Joule Absent: Croft And so, the effective date clause was adopted. The Chief Clerk was instructed to so notify the Senate. The Senate has adopted the Conference Committee with limited powers of free conference report (Senate journal page 1460). HB 226 Representative Kerttula added her name as cosponsor to: HOUSE BILL NO. 226 "An Act relating to credited service under the teachers' retirement system for education employees on leave without pay or receiving workers' compensation benefits because of certain on-the-job injuries." HB 227 Representative Dyson added his name as cosponsor to: CS FOR HOUSE BILL NO. 227(RES) am "An Act making up to 160 acres of land available for selection by the Matanuska-Susitna Borough." 1999-05-16 House Journal Page 1508 ENGROSSMENT HJR 7 CSHJR 7(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 45 CSHB 45(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 227 CSHB 227(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 8 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: HOUSE CS FOR CS FOR SENATE BILL NO. 8(L&C) "An Act relating to the minimum plumbing fixtures required for females and males in the state plumbing code; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber upon adj., 5/16 The following meeting today has been changed as indicated: Finance Committee 10:00 a.m., 5/16 meeting CONTINUED: 7:00 p.m., 5/16 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 17, 1999. There being no objection, the House adjourned at 3:02 p.m. Suzi Lowell Chief Clerk