Legislature(1999 - 2000)
2000-04-15 House Journal
Full Journal pdf2000-04-15 House Journal Page 3155 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Saturday April 15, 2000 Ninety-seventh Day Pursuant to adjournment, the House was called to order by Speaker Porter at 11:19 a.m. Roll call showed 38 members present. Representatives Kohring and Sanders had been previously excused from a call of the House today. 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: At length the sun's rays have attained the right angle, and warm winds blow up mist and rain and melt the snowbanks, and the sun, dispersing the mist, smiles on a checkered landscape of russet and white smoking with incense, through which the traveler picks his way from islet to islet, cheered by the music of a thousand tinkling rills and rivulets whose veins are filled with the blood of winter which they are bearing off. --From Henry David Thoreau's Walden May we pray: Dearest and Greatest Power, May we stand for this moment in awe of the power of forces beyond our understanding and control. Knowing that though we may be tiny by comparison, we do have our own part to complete in anticipation of the coming of a sunfilled time. 2000-04-15 House Journal Page 3156 This spring comes and we race to complete those tasks. Mindful that they must be well done, but that they must be done. We are as travelers, seeking to find the proper path in a world waking from her deep winter, seeking to somehow hasten the thaw, to bring a warmth and the lushness of summer to our land. Be with us and guide our course through this time of completion and awakening. Guide us through the constantly changing course. Help us to complete our tasks so that we may welcome what will come, many days of sunshine and light. Amen. The Pledge of Allegiance was led by Representative Williams. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 96th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 54 A message dated April 14, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 54 Relating to urging the exclusion of national forests in Alaska from President Clinton's proposal for withdrawal of roadless areas in the national forest system. Legislative Resolve No. 37 2000-04-15 House Journal Page 3157 HB 190 A message dated April 14, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 190(JUD) "An Act relating to viatical settlement transactions; and providing for an effective date." Chapter No. 11, SLA 2000 Effective Date: April 15, 2000 HB 357 A message dated April 14, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 357 "An Act relating to the redemption of shares of certain Alaska corporations." Chapter No. 12, SLA 2000 Effective Date: July 13, 2000 SCR 15 A message dated April 14, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE CONCURRENT RESOLUTION NO. 15(RLS) Relating to Alcohol-Related Birth Defects Awareness Weeks. Legislative Resolve No. 39 SJR 18 A message dated April 14, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: 2000-04-15 House Journal Page 3158 SJR 18 HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 18(O&G) am H Requesting Exxon Mobil Corporation to pay claimants for court- ordered damages resulting from the Exxon Valdez oil spill. Legislative Resolve No. 36 SJR 39 A message dated April 14, 2000, was read stating the Governor is transmitting the engrossed and enrolled copies of the following resolution to the Lieutenant Governor's office for permanent filing: CS FOR SENATE JOINT RESOLUTION NO. 39(RES) am H Encouraging the United States Congress to pass S. 2214, a bill opening the coastal plain of the Arctic National Wildlife Refuge to responsible exploration, development, and production of its oil and gas resources. Legislative Resolve No. 38 SB 194 A message dated April 14, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 194(RES) "An Act relating to the Alaska Chilkat Bald Eagle Preserve." Chapter No. 14, SLA 2000 Effective Date: July 13, 2000 SB 266 A message dated April 14, 2000, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 266(RES) "An Act relating to the use of a TBT-based marine antifouling paint or coating on certain vessels; and providing for an effective date." 2000-04-15 House Journal Page 3159 SB 266 Chapter No. 13, SLA 2000 Effective Date: January 1, 2001 MESSAGES FROM THE SENATE HB 226 A message dated April 14, 2000, was read stating the Senate has passed the following: CS FOR HOUSE BILL NO. 226(HES) "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." CSHB 226(HES) was referred to the Chief Clerk for enrollment. HB 416 A message dated April 14, 2000, was read stating the Senate has passed the following: HOUSE BILL NO. 416 "An Act relating to insurance coverage for prostate cancer screening." HB 416 was referred to the Chief Clerk for enrollment. HB 130 A message dated April 14, 2000, was read stating the Senate has passed: HOUSE BILL NO. 130 "An Act adding limited liability companies and limited liability partnerships to the organizations that can be authorized to practice architecture, engineering, land surveying, and landscape architecture; and relating to state and municipal contracts for architectural, engineering, land surveying, and landscape architectural services." with the following amendment and it is transmitted for consideration: 2000-04-15 House Journal Page 3160 HB 130 SENATE CS FOR HOUSE BILL NO. 130(L&C) "An Act adding limited liability companies and limited liability partnerships to the organizations that can be authorized to practice architecture, engineering, land surveying, and landscape architecture; relating to the review of drawings and specifications for compliance with building codes; and relating to state and municipal contracts for architectural, engineering, land surveying, and landscape architectural services." New title to be authorized by SCR 17. HB 130 is under Unfinished Business. Messages dated April 14, 2000, were read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 192 CS FOR SENATE BILL NO. 192(FIN) am by the Senate Finance Committee, entitled: "An Act making and amending appropriations and reappropriations; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 235 CS FOR SENATE BILL NO. 235(FIN) by the Senate Finance Committee, entitled: "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality 2000-04-15 House Journal Page 3161 SB 235 of Anchorage; authorizing the transfer of land between Alaska Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named individuals; relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 248 CS FOR SENATE BILL NO. 248(FIN) am by the Senate Finance Committee, entitled: "An Act relating to the financing authority, payment in lieu of tax agreements, and tax exemption for assets and projects of the Alaska Industrial Development and Export Authority; relating to renaming and contingently repealing the rural development initiative fund within the Department of Community and Economic Development, and establishing the rural development initiative fund within the Alaska Industrial Development and Export Authority; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 254 CS FOR SENATE BILL NO. 254(HES) by the Senate Health, Education & Social Services Committee, entitled: "An Act relating to heirloom certificates of marriage." was read the first time and referred to the Finance Committee. SB 259 CS FOR SENATE BILL NO. 259(JUD) by the Senate Judiciary Committee, entitled: 2000-04-15 House Journal Page 3162 SB 259 "An Act relating to crimes and offenses relating to aural representations, recordings, access devices, identification documents, impersonation, false reports, and computers; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 261 CS FOR SENATE BILL NO. 261(FIN) by the Senate Finance Committee, entitled: "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; relating to the vaccination of health care workers against diseases transmitted by bloodborne pathogens; and providing for an effective date." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following reports were received: Dept. of Revenue Alaska Housing Finance Corporation Review and Report of Corporate Assets June 30, 1999 (as required by AS 18.56.089) Combined Financial Statements and Combining Schedules June 30, 1999 and 1998 (With Independent Auditor's Report Thereon) REPORTS OF STANDING COMMITTEES HB 58 The Finance Committee has considered: 2000-04-15 House Journal Page 3163 HB 58 HOUSE BILL NO. 58 "An Act relating to certain audits regarding oil and gas royalty and net profits and to audits regarding costs relating to exploration incentive credits and oil and gas exploration licenses; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 58(FIN) (same title) The report was signed by Representative Therriault, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Davies, Grussendorf No recommendation (7): Therriault, Austerman, Moses, Davis, Williams, Foster, Phillips The following fiscal notes apply to CSHB 58(FIN): Fiscal note, Dept. of Natural Resources, 3/8/00 Fiscal note, Dept. of Revenue, 3/8/00 HB 58 was referred to the Rules Committee for placement on the calendar. HB 149 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 149 "An Act relating to insurance coverage for treatment of mental illness and substance abuse; repealing provisions of ch. 8, SLA 1997, that terminates required mental health benefit coverage; and providing for an effective date." The report was signed by Representative Dyson, Chair, with the following individual recommendations: 2000-04-15 House Journal Page 3164 HB 149 Do pass (2): Kemplen, Brice Do not pass (1): Coghill No recommendation (3): Green, Dyson, Whitaker The following fiscal note applies: Zero fiscal note, Dept. of Community & Economic Development, 4/15/00 HB 149 was referred to the Labor & Commerce Committee. HB 184 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 184 "An Act granting certain juvenile detention or juvenile correctional institution employees status as peace officers under the public employees' retirement system; and providing for an effective date." The report was signed by Representative Green, Acting Chair, with the following individual recommendations: Do pass (3): Green, Whitaker, Brice No recommendation (2): Coghill, Kemplen The following fiscal note applies: Fiscal note, Dept. of Administration/Various Depts., 4/15/00 HB 184 was referred to the Finance Committee. HB 294 The Judiciary Committee has considered: 2000-04-15 House Journal Page 3165 HB 294 HOUSE BILL NO. 294 "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and to the collection and processing of samples from certain burglary perpetrators for the DNA identification registration system; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 294(JUD) "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kerttula No recommendation (3): Croft, James, Rokeberg Amend (3): Murkowski, Green, Kott The following fiscal notes apply to CSHB 294(JUD): Zero fiscal note, Dept. of Public Safety, 4/15/00 Indeterminate fiscal note, Dept. of Administration, 1/21/00 Zero fiscal note, Dept. of Public Safety, 1/21/00 HB 294 had an additional referral to the Finance Committee. The Speaker waived the Finance Committee referral at the request of Representative Therriault, Co-chair. HB 294 is on today's calendar. 2000-04-15 House Journal Page 3166 HB 375 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 375 "An Act relating to abuse of inhalants." and recommends it be replaced with: CS FOR HOUSE BILL NO. 375(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (4): Green, Morgan, Dyson, Whitaker Amend (2): Coghill, Brice The following fiscal note applies to CSHB 375(HES): Indeterminate fiscal note, Dept. of Corrections, 4/15/00 HB 375 was referred to the Judiciary Committee. HB 377 The Transportation Committee has considered: HOUSE BILL NO. 377 "An Act requiring oil discharge prevention and contingency plans and proof of financial responsibility for non-tank vessels and railroad tank cars; authorizing inspection under AS 46.04 of non- tank vessels and trains; and providing for an effective date." The report was signed by Representative Halcro, Chair, with the following individual recommendations: Do pass (1): Halcro No recommendation (3): Kookesh, Kemplen, Hudson 2000-04-15 House Journal Page 3167 HB 377 The following fiscal notes apply: Fiscal note, Dept. of Transportation and Public Facilities, 2/16/00 Fiscal note, Dept. of Environmental Conservation, 2/16/00 HB 377 was referred to the Resources Committee. HB 409 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 409 "An Act prescribing the rights of grandparents related to hearings on petitions to adjudicate a minor as a child in need of aid and to the testimony of grandparents at those hearings; and amending Rules 3, 7, 10, 15, 17(e), and 19, Alaska Child in Need of Aid Rules." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 409(HES) "An Act prescribing the rights of grandparents related to child-in- need-of-aid hearings; and amending Rules 3, 7, 10, 15, and 19, Alaska Child in Need of Aid Rules." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (7): Murkowski, Croft, Green, Kott, James, Rokeberg, Kerttula The following fiscal note applies to CSSSHB 409(HES): Zero fiscal note, Dept. of Health & Social Services, 4/13/00 SSHB 409 was referred to the Finance Committee. HB 413 The Health, Education & Social Services Committee has considered: 2000-04-15 House Journal Page 3168 HB 413 HOUSE BILL NO. 413 "An Act relating to intensive family preservation services; and providing for an effective date." The report was signed by Representative Green, Acting Chair, with the following individual recommendations: Do pass (3): Green, Whitaker, Brice No recommendation (1): Coghill The following fiscal note applies: Fiscal note, Dept. of Health & Social Services, 4/15/00 HB 413 was referred to the Judiciary Committee. HB 419 The Rules Committee has considered: HOUSE BILL NO. 419 "An Act relating to the weekly rate of compensation and minimum and maximum compensation rates for workers' compensation; specifying components of a workers' compensation reemployment plan; adjusting workers' compensation benefits for permanent partial impairment, for reemployment plans, for rehabilitation benefits, for widows, widowers, and orphans, and for funerals; relating to permanent total disability of an employee receiving rehabilitation benefits; relating to calculation of gross weekly earnings for workers' compensation benefits for seasonal and temporary workers and for workers with overtime or premium pay; setting time limits for requesting a hearing on claims for workers' compensation, for selecting a rehabilitation specialist, and for payment of medical bills; relating to termination and to waiver of rehabilitation benefits, obtaining medical releases, and resolving discovery disputes relating to workers' compensation; setting an interest rate for late payments of workers' compensation; providing for updating the workers' compensation medical fee schedule; and providing for an effective date." 2000-04-15 House Journal Page 3169 HB 419 and recommends it be replaced with: CS FOR HOUSE BILL NO. 419(RLS) (same title) The report was signed by Representative Cowdery, Chair, with the following individual recommendations: Do pass (3): Green, Porter, Kott No recommendation (1): Cowdery The following fiscal notes apply to CSHB 419(RLS): Fiscal note, Office of the Governor/All Depts., 3/29/00 Fiscal note, Dept. of Labor & Workforce Development, 3/29/00 Fiscal note, University of Alaska, 3/29/00 HB 419 is on today's calendar. SB 73 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 73(FIN) "An Act relating to assisted living homes; and providing for an effective date." and recommends it be replaced with: 2000-04-15 House Journal Page 3170 SB 73 HOUSE CS FOR CS FOR SENATE BILL NO. 73(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (4): Dyson, Coghill, Whitaker, Brice No recommendation (2): Morgan, Kemplen Amend (1): Green The following fiscal notes apply to HCS CSSB 73(HES): Fiscal note, Dept. of Administration, 4/15/00 Fiscal note, Dept. of Health & Social Services, 4/15/00 CSSB 73(FIN) was referred to the Finance Committee. SB 103 The Health, Education & Social Services Committee has considered: SENATE BILL NO. 103 am "An Act relating to a curriculum for Native language education; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 103(HES) (same title) The report was signed by Representative Dyson, Chair, with the following individual recommendations: 2000-04-15 House Journal Page 3171 SB 103 Do pass (5): Morgan, Coghill, Whitaker, Kemplen, Brice No recommendation (2): Green, Dyson The following fiscal note applies to HCS SB 103(HES): Zero fiscal note, House Health, Education & Social Services Committee/Dept. of Education & Early Development, 4/15/00 SB 103 am was referred to the Rules Committee for placement on the calendar. SB 204 The Health, Education & Social Services Committee has considered: SENATE BILL NO. 204 "An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date." and recommends it be replaced with the following committee substitute, with a new title to be authorized by HCR 25: HOUSE CS FOR SENATE BILL NO. 204(HES) "An Act extending the termination date of the Alaska Commission on Aging; transferring the office of the long-term care ombudsman from the Alaska Commission on Aging to the legislative branch; and providing for an effective date." The report was signed by Representative Dyson, Chair, with the following individual recommendations: Do pass (4): Green, Morgan, Dyson, Whitaker No recommendation (3): Coghill, Kemplen, Brice The following fiscal notes apply to HCS SB 204(HES): 2000-04-15 House Journal Page 3172 SB 204 Senate fiscal note, Dept. of Administration, 3/2/00 Senate zero fiscal notes (4), Dept. of Administration, 2/10/00 SB 204 was referred to the Finance Committee. SB 268 The Judiciary Committee has considered: SENATE BILL NO. 268 "An Act relating to mandatory 99-year terms of imprisonment for persons convicted of certain murders." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 268(JUD) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Murkowski, Green, James, Kott No recommendation (2): Croft, Kerttula The following fiscal notes apply to HCS SB 268(JUD): Senate zero fiscal note, Dept. of Corrections, 2/24/00 Senate zero fiscal note, Dept. of Administration, 2/24/00 SB 268 was referred to the Rules Committee for placement on the calendar. SB 289 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 289(FIN) am "An Act relating to technical and vocational education and to employment assistance and training; and providing for an effective date." 2000-04-15 House Journal Page 3173 SB 289 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do not pass (1): Harris No recommendation (3): Murkowski, Halcro, Rokeberg The following fiscal notes apply: Senate fiscal note, Senate Finance Committee/Dept. of Labor & Workforce Development, 4/5/00 Senate fiscal note, Senate Finance Committee/University of Alaska, 4/5/00 CSSB 289(FIN) am was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Celebrating - Anchorage Neighborhood Health Center, 25th Anniversary By Representative Kemplen; Senator Ellis Honoring - Staff Sergeant Aliahu K. Bey, Fort Wainwright Noncommissioned Officer of the Year By Representative Coghill Honoring - Elmendorf Air Force Base, 3rd Wing Logistics Group By Representative Murkowski Honoring - Leslie Dahl, Juneau-Douglas High School Drill Team Coach By Representatives Hudson, Kerttula; Senator Elton Honoring - Nicole Johnston By Representative Foster 2000-04-15 House Journal Page 3174 Honoring - Kodiak Daily Mirror, 60th Anniversary By Representative Austerman; Senator Mackie Honoring - Michael H. Miller, Prostate Cancer Activist By Representatives Hudson, Kerttula; Senator Elton Honoring - Alaska National Guard Youth Corps School, Graduating Class 99-3 By Representative Mulder Honoring - David Riccio By Representatives Hudson, Kerttula; Senator Elton Honoring - Specialist Dakisha R. Thompson, Fort Wainwright Soldier of the Year By Representative Coghill Honoring - Joe Tompkins By Representatives Kerttula, Hudson; Senator Elton Honoring - Chugiak High School Peer Mediation By Representatives Dyson, Kott, Kohring; Senators Halford, Phillips Honoring - Dennis McMillian By Senator Ellis; Representative Kemplen Honoring - Avis Sam By Senator Lincoln; Representative Morgan Honoring - The Community of Cordova By Senator Lincoln; Representative Harris Honoring - Leslie & Ruth Campbell, Fifty Years of Marriage By Senator Pete Kelly Honoring - Kelly Merrill, P.E., 1999 Engineer-of-the-Year By Senator Leman In Memoriam - Wallace Avery By Representatives Kerttula, Hudson; Senator Elton 2000-04-15 House Journal Page 3175 In Memoriam - Dr. H. Richard Carlson By Representatives Hudson, Kerttula; Senator Elton In Memoriam - Jack G. Cornelius By Representative Coghill In Memoriam - Ole G. Harder By Representative Austerman; Senator Mackie In Memoriam - Edgar Allen Iyapana Sr. By Representative Joule In Memoriam - Senator C. R. Lewis By Representative Barnes In Memoriam - Ron Larson By Representatives Kerttula, Barnes, Hudson, Ogan, Kohring; Senator Elton In Memoriam - Moses Tuktook Milligrock By Representative Joule; Senator Adams In Memoriam - Kenneth Neiland By Representative Coghill In Memoriam - Dr. James C. Olsen By Representatives Hudson, Kerttula; Senator Elton In Memoriam - Ray Renshaw By Representatives Hudson, Kerttula; Senator Elton In Memoriam - Stephanie Nicole Schmitz By Representative Coghill In Memoriam - Kenneth Earle Wert, Clarice Marie Wert By Representatives Kohring, Dyson, Kott, Ogan, Masek; Senators Phillips, Halford, Green In Memoriam - Walter Maillelle By Senator Leman 2000-04-15 House Journal Page 3176 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 211 The following was read the second time: HOUSE BILL NO. 211 "An Act relating to liability for providing managed care services, to regulation of managed care insurance plans, and to patient rights and prohibited practices under health insurance; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 1DP 2DNP 3NR 2446 ZERO FISCAL NOTE (DCED) 2446 JUD RPT CS(JUD) NT 1DP 4NR 3058 ZERO FISCAL NOTE (DCED) 3/8/00 3059 FIN RPT CS(FIN) NT 1DP 9NR 3128 ZERO FISCAL NOTE (DCED) 3/8/00 3129 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. 211(FIN) "An Act relating to regulation of managed care insurance plans; amending Rule 602, Alaska Rules of Appellate Procedure; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Croft: Page 1, lines 4 - 7: Delete all material. Renumber the following bill sections accordingly. 2000-04-15 House Journal Page 3177 HB 211 Page 16, line 2, following "sec.": Delete "2" Insert "1" Page 16, line 8, following "sec.": Delete "2" Insert "1" Page 16, line 9, following "sec.": Delete "4" Insert "3" Representative Croft moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 211(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 18 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Grussendorf, Halcro, Joule, Kapsner, Kemplen, Kerttula, Kott, Moses, Smalley, Therriault Nays: Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Harris, Hudson, James, Masek, Morgan, Murkowski, Phillips, Porter, Rokeberg, Whitaker, Williams Excused: Kohring, Sanders Absent: Kookesh, Mulder, Ogan And so, Amendment No. 1 was not adopted. 2000-04-15 House Journal Page 3178 HB 211 Amendment No. 2 was offered by Representative Brice: Page 7, line 5: Delete "in the second trimester of pregnancy" Insert "pregnant" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Rokeberg objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Berkowitz: Page 6, line 2, following "annually": Insert "and last for at least 15 working days" Representative Berkowitz moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected and withdrew the objection. There being no further objection, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Berkowitz: Page 7, line 8: Delete "one year" Insert "two years" Representative Berkowitz moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Rokeberg objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 2000-04-15 House Journal Page 3179 HB 211 CSHB 211(FIN) am Second Reading Amendment No. 4 YEAS: 16 NAYS: 17 EXCUSED: 2 ABSENT: 5 Yeas: Berkowitz, Brice, Cissna, Croft, Davies, Dyson, Grussendorf, Halcro, Harris, Joule, Kemplen, Kerttula, Kookesh, Moses, Phillips, Smalley Nays: Austerman, Barnes, Coghill, Cowdery, Davis, Green, Hudson, James, Kott, Masek, Mulder, Murkowski, Ogan, Porter, Rokeberg, Whitaker, Williams Excused: Kohring, Sanders Absent: Bunde, Foster, Kapsner, Morgan, Therriault And so, Amendment No. 4 was not adopted. Representative Green moved and asked unanimous consent that CSHB 211(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. The Speaker stated that CSHB 211(FIN) am will be in third reading on the April 17, 2000, calendar. HB 294 The following was read the second time: HOUSE BILL NO. 294 "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and to the collection and processing of samples from certain burglary perpetrators for the DNA identification registration system; and providing for an effective date." 2000-04-15 House Journal Page 3180 HB 294 with the: Journal Page JUD RPT CS(JUD) NT 1DP 3NR 3AM 3164 ZERO FISCAL NOTE (DPS) 3165 INDETERMINATE FISCAL NOTE (ADM) 1/21/00 3165 ZERO FISCAL NOTE (DPS) 1/21/00 3165 FIN REFERRAL WAIVED 3165 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. 294(JUD) "An Act relating to violations of an order to submit to deoxyribonucleic acid (DNA) testing, to court orders and conditions of parole to collect samples for DNA testing, to removal of material from the DNA identification registration system; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 294(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 294(JUD) was read the third time. The question being: "Shall CSHB 294(JUD) pass the House?" The roll was taken with the following result: CSHB 294(JUD) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 2 ABSENT: 5 Yeas: Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker Excused: Kohring, Sanders 2000-04-15 House Journal Page 3181 HB 294 Absent: Barnes, Bunde, Croft, Morgan, Williams And so, CSHB 294(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. CSHB 294(JUD) was referred to the Chief Clerk for engrossment. HB 303 The following was read the second time: HOUSE BILL NO. 303 "An Act relating to the method of payment of fees and adoption of regulations under AS 21; relating to orders under AS 21 regarding risk based capital instructions; relating to accounting standards for insurance companies; amending the definitions of 'creditable coverage' and 'late enrollees' in AS 21.54; relating to requirements for small employer insurers; relating to requirements for issuance of new voting securities by an insurance company; requiring health care insurance coverage for reconstructive surgery following mastectomy; requiring guaranteed renewability of and certification of coverage regarding certain individual health insurance policies; and providing for an effective date." with the: Journal Page L&C RPT 1DP 5NR 2664 ZERO FISCAL NOTE (DCED) 1/21/00 2665 HES RPT 7NR 2832 ZERO FISCAL NOTE (DCED) 1/21/00 2833 Representative Green moved and asked unanimous consent that HB303 be considered engrossed, advanced to third reading and placed on final passage. Representative Berkowitz objected. 2000-04-15 House Journal Page 3182 HB 303 The Speaker stated that HB 303 will be in third reading on the April17, 2000, calendar. HB 331 The following was read the second time: HOUSE BILL NO. 331 "An Act relating to payment, allowances, and benefits of members of the Alaska National Guard and Alaska Naval Militia in active service; relating to computation of certain benefits for members of the Alaska State Militia; and providing for an effective date." with the: Journal Page MLV RPT CS(MLV) NT 5DP 2394 ZERO FISCAL NOTE (DMVA) 2394 STA RPT CS(MLV) NT 4DP 1NR 2631 ZERO FISCAL NOTE (DMVA) 3/3/00 2632 FIN RPT CS(MLV) NT 7DP 3072 ZERO FISCAL NOTE (DMVA) 3/3/00 3073 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. 331(MLV) "An Act relating to compensation of members of the Alaska National Guard and Alaska Naval Militia in active service; changing the name of the Alaska State Militia to the Alaska State Defense Force; relating to compensation and work status for members of the Alaska State Defense Force; and providing for an effective date." There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 331(MLV) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 331(MLV) was read the third time. 2000-04-15 House Journal Page 3183 HB 331 The question being: "Shall CSHB 331(MLV) pass the House?" The roll was taken with the following result: CSHB 331(MLV) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Whitaker, Williams Excused: Kohring, Sanders Absent: Barnes, Croft, Therriault And so, CSHB 331(MLV) 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 331(MLV) was referred to the Chief Clerk for engrossment. HB 419 The following was read the second time: HOUSE BILL NO. 419 "An Act relating to the weekly rate of compensation and minimum and maximum compensation rates for workers' compensation; specifying components of a workers' compensation reemployment plan; adjusting workers' compensation benefits for permanent partial impairment, for reemployment plans, for rehabilitation benefits, for widows, widowers, and orphans, and for funerals; relating to permanent total disability of an employee receiving rehabilitation benefits; relating to calculation of gross weekly earnings for workers' compensation benefits for seasonal and temporary workers and for workers with overtime or premium pay; setting time limits for requesting a hearing on claims for workers' 2000-04-15 House Journal Page 3184 HB 419 compensation, for selecting a rehabilitation specialist, and for payment of medical bills; relating to termination and to waiver of rehabilitation benefits, obtaining medical releases, and resolving discovery disputes relating to workers' compensation; setting an interest rate for late payments of workers' compensation; providing for updating the workers' compensation medical fee schedule; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NT 1DP 5NR 2750 3 FNS (UA, LABOR, GOV/ALL DEPTS) 2751 JUD RPT CS(JUD) 2DP 3NR 1AM 2869 3 FNS (GOV/ALL DEPTS, LABOR, UA)3/29/00 2869 FIN RPT CS(FIN) NT 4DP 7NR 3107 LETTER OF INTENT WITH H.FIN REPORT 3108 3 FNS (GOV/ALL DEPTS, LABOR, UA)3/29/00 3109 RLS RPT CS(RLS) 3DP 1NR 3168 3 FNS (GOV/ALL DEPTS, LABOR, UA)3/29/00 3169 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. 419(RLS) (same title) There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that CSHB 419(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 419(RLS) was read the third time. 2000-04-15 House Journal Page 3185 HB 419 Representative Ogan declared a conflict of interest. Representatives Croft and Rokeberg moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard, and the members were required to vote. The question being: "Shall CSHB 419(RLS) pass the House?" The roll was taken with the following result: CSHB 419(RLS) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 2 ABSENT: 2 Yeas: Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Williams Nays: Coghill, Ogan Excused: Kohring, Sanders Absent: Austerman, Whitaker And so, CSHB 419(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. There being no objection, it was so ordered. CSHB 419(RLS) was referred to the Chief Clerk for engrossment. 2000-04-15 House Journal Page 3186 HB 445 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: HOUSE BILL NO. 445 "An Act relating to a rural school construction and planned maintenance pilot program; and providing for an effective date." SECOND READING OF SENATE BILLS SB 175 The following was read the second time: SENATE BILL NO. 175 "An Act relating to state mining law, to methods of locating mining claims, to the granting of larger mining claims using a legal subdivision based on rectangular survey descriptions, and to mandatory rental payments for prospecting rights." with the: Journal Page RES RPT 7DP 2711 SENATE FISCAL NOTE (DNR) 2/29/00 2711 FIN RPT 5DP 2NR 2981 SENATE FISCAL NOTE (DNR) 2/29/00 2981 Representative Green moved and asked unanimous consent that SB175 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB175 was read the third time. The question being: "Shall SB175 pass the House?" The roll was taken with the following result: 2000-04-15 House Journal Page 3187 SB 175 SB 175 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Foster, Green, Grussendorf, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Smalley, Therriault, Whitaker, Williams Excused: Kohring, Sanders Absent: Dyson, Halcro, Kemplen, Rokeberg And so, SB175 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. ANNOUNCEMENTS Majority Caucus Speaker's Chamber 1:00 p.m., 4/15 Minority Caucus 1:00 p.m., 4/15 The Speaker stated that, without objection, the House would recess; and so, the House recessed at 12:45 p.m. AFTER RECESS The Speaker called the House back to order at 3:25 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 318 A message dated April 15, 2000, was read stating the Senate has passed: 2000-04-15 House Journal Page 3188 HB 318 CS FOR HOUSE BILL NO. 318(JUD) "An Act relating to property disposal by law enforcement agencies." CSHB 318(JUD) was referred to the Chief Clerk for enrollment. HB 437 A message dated April 15, 2000, was read stating the Senate has passed: HOUSE BILL NO. 437 "An Act relating to the reinstatement of Native corporations; and providing for an effective date." HB 437 was referred to the Chief Clerk for enrollment. A message dated April 15, 2000, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 17 SENATE CONCURRENT RESOLUTION NO. 17 by the Senate Labor & Commerce Committee: Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning House Bill No. 130, relating to the practice of architecture, engineering, land surveying, and landscape architecture. was read the first time and referred to the Rules Committee for placement on the calendar. FIRST READING AND REFERENCE OF SENATE BILLS SB 220 CS FOR SENATE BILL NO. 220(FIN) by the Senate Finance Committee, entitled: 2000-04-15 House Journal Page 3189 SB 220 "An Act relating to the requirements for partnerships and limited liability companies to qualify for the Alaska bidder preference and a certain disability preference under the State Procurement Code; and providing for an effective date." was read the first time and referred to the Judiciary Committee. SB 257 SENATE BILL NO. 257 by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to notice requirements for certain final findings concerning the disposal of an interest in state land or resources for oil and gas; relating to administrative appeals and petitions for reconsideration of decisions of the Department of Natural Resources; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 283 CS FOR SENATE BILL NO. 283(RES) by the Senate Resources Committee, entitled: "An Act establishing the shore fisheries development lease program account and the timber receipts account; relating to the accounting for and appropriation of revenue from the state land disposal program, the shore fisheries development lease program, and the state timber disposal program; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 121 The Finance Committee has considered: HOUSE BILL NO. 121 "An Act relating to patients' rights under a health care insurance plan or contract providing coverage for dental care, and prohibiting certain practices by health care insurers relating to dental care." 2000-04-15 House Journal Page 3190 HB 121 and recommends it be replaced with: CS FOR HOUSE BILL NO. 121(L&C) (same title) The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Bunde, Williams, Foster No recommendation (6): Therriault, Austerman, Davies, Grussendorf, Moses, Phillips The following fiscal notes apply to CSHB 121(L&C): Zero fiscal note, Dept. of Community & Economic Development, 4/14/00 Zero fiscal note, Dept. of Administration, 4/14/00 HB 121 was referred to the Rules Committee for placement on the calendar. HB 311 The Finance Committee has considered: HOUSE BILL NO. 311 "An Act eliminating a requirement that a social security number be provided by an applicant for a hunting or sport fishing license or tag." and recommends it be replaced with: CS FOR HOUSE BILL NO. 311(JUD) "An Act eliminating a requirement that a social security number be provided by an applicant for a hunting or sport fishing license or tag; and providing for an effective date." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: 2000-04-15 House Journal Page 3191 HB 311 Do pass (4): Therriault, Mulder, Austerman, Foster No recommendation (5): Bunde, Moses, Davis, Williams, Phillips The following fiscal note applies to CSHB 311(JUD): Fiscal note, Dept. of Revenue, 4/10/00 HB 311 was referred to the Rules Committee for placement on the calendar. HB 342 The Labor & Commerce Committee has considered: HOUSE BILL NO. 342 "An Act relating to the financing authority, payment in lieu of tax agreements, and tax exemption for assets and projects of the Alaska Industrial Development and Export Authority; relating to renaming and contingently repealing the rural development initiative fund within the Department of Community and Economic Development, and establishing the rural development initiative fund within the Alaska Industrial Development and Export Authority; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 342(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Murkowski, Harris, Rokeberg, Halcro The following fiscal note applies to CSHB 342(L&C): Zero fiscal note, Dept. of Community & Economic Development, 2/7/00 HB 342 was referred to the Finance Committee. 2000-04-15 House Journal Page 3192 HB 440 The Labor & Commerce Committee has considered: HOUSE BILL NO. 440 "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; relating to the vaccination of health care workers against diseases transmitted by bloodborne pathogens; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 440(L&C) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Harris, Rokeberg No recommendation (3): Murkowski, Cissna, Brice The following fiscal notes apply to CSHB 440(L&C): Zero fiscal note, Dept. of Health & Social Services, 4/15/00 Zero fiscal note, Dept. of Corrections, 4/15/00 HB 440 was referred to the Finance Committee. SB 85 The Finance Committee has considered: CS FOR SENATE BILL NO. 85(RLS) "An Act relating to credited service in the public employees' retirement system for temporary employment; and creating a public service benefit in the public employees' retirement system." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (9): Davies, Grussendorf, Moses, Davis, Williams, Phillips, Mulder, Foster, Austerman 2000-04-15 House Journal Page 3193 SB 85 No recommendation (2): Therriault, Bunde The following fiscal note applies: Senate fiscal note, Dept. of Administration, 2/15/00 CSSB 85(RLS) was referred to the Rules Committee for placement on the calendar. SB 288 The Finance Committee has considered: SENATE BILL NO. 288 "An Act authorizing the Department of Transportation and Public Facilities to enter into an agreement with the Inter-Island Ferry Authority regarding the operation of the Clarke Bay Terminal, Prince of Wales Island." The report was signed by Representatives Therriault and Mulder, Co- chairs, with the following individual recommendations: Do pass (10): Therriault, Bunde, Austerman, Davies, Grussendorf, Moses, Williams, Phillips, Foster, Mulder The following fiscal note applies: Senate fiscal note, Dept. of Transportation & Public Facilities, 3/24/00 SB 288 was referred to the Rules Committee for placement on the calendar. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 25 HOUSE CONCURRENT RESOLUTION NO. 25 by the House Health, Education & Social Services Committee: 2000-04-15 House Journal Page 3194 HCR 25 Suspending Rules 24(c), 35, 41(b), and 42(e), Uniform Rules of the Alaska State Legislature, concerning Senate Bill No. 204, relating to the Alaska Commission on Aging. was read the first time and referred to the Finance Committee. Representative Green placed a call of the House on the calendar. The call was satisfied. RECONSIDERATION HB 441 Representative Mulder brought up reconsideration of the vote on CSHB 441(FIN)(brf sup maj fld) which had been held until today (page 3144). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 441(FIN) "An Act making appropriations for the operating expenses of the University of Alaska; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." The question to be reconsidered: "Shall CSHB 441(FIN) pass the House?" The roll was taken with the following result: CSHB 441(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams 2000-04-15 House Journal Page 3195 HB 441 Nays: Ogan Excused: Kohring, Sanders And so, CSHB 441(FIN) 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 that the House adopt the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. The question to be reconsidered: "Shall the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, be adopted?" The roll was taken with the following result: CSHB 441(FIN)--RECONSIDERATION Third Reading Constitutional Budget Reserve Appropriations YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Ogan Excused: Kohring, Sanders And so, the constitutional budget reserve fund appropriations were adopted. CSHB 441(FIN) was referred to the Chief Clerk for engrossment. 2000-04-15 House Journal Page 3196 CONSIDERATION OF THE DAILY CALENDAR (Continued) THIRD READING OF HOUSE BILLS HB 446 The following, which was advanced to third reading from the April 14, 2000, calendar (page 3147), was read the third time: CS FOR HOUSE BILL NO. 446(FIN) "An Act establishing and relating to the power cost equalization endowment fund; relating to the power cost equalization and rural electric capitalization fund; authorizing and relating to the sale of the four dam pool hydroelectric project; establishing and relating to joint action agencies created to purchase power projects; and providing for an effective date." Representative Austerman moved and asked unanimous consent that CSHB 446(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Austerman: Page 8, following line 26: Insert a new bill section to read: "* Sec. 14. AS42.45.100(d) is repealed." Renumber the following bill sections accordingly. Page 9, line 15: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 11, line 21: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 11, line 30: Delete "sec. 15(d)" Insert "sec. 16(d)" 2000-04-15 House Journal Page 3197 HB 446 Page 12, line 1: Delete "sec. 16" Insert "sec. 17" Page 12, line 3: Delete "sec. 16" Insert "sec. 17" Page 12, line 6: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 12, line 8: Delete "sec. 17" Insert "sec. 18" Page 12, line 13: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 12, following line 15: Insert a new bill section to read: "* Sec. 22. Section 14 of this Act takes effect July 1, 2004." Renumber the following bill sections accordingly. Page 12, line 16: Delete "18 - 20" Insert "19 - 22" Representative Austerman moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Therriault moved and asked unanimous consent that CSHB 446(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. 2000-04-15 House Journal Page 3198 HB 446 Amendment No. 2 was offered by Representatives Therriault, Barnes, and Phillips: Page 1, line 2, following ";" (title amendment): Insert "relating to the Railbelt energy fund;" Page 2, following line 19: Insert a new bill section to read: "* Sec. 2. AS 37.05.520 is amended to read: Sec. 37.05.520. Railbelt energy fund. There is established in the general fund the Railbelt energy fund. The fund consists of money appropriated to it by the legislature and interest received on money in the fund. The department of revenue shall manage the fund. ¦INTEREST RECEIVED ON MONEY IN THE FUND SHALL BE ACCOUNTED FOR SEPARATELY AND MAY BE APPROPRIATED INTO THE FUND ANNUALLY.á The legislature may appropriate money from the fund for programs, projects, and other expenditures to assist in meeting Railbelt energy needs, including projects for retrofitting state-owned buildings and facilities for energy conservation." Renumber the following bill sections accordingly. Page 8, line 30: Delete "sec. 4" Insert "sec. 5" Page 9, line 1: Delete "sec. 4" Insert "sec. 5" Page 9, line 3: Delete "sec. 4" Insert "sec. 5" Page 9, line 8: Delete "sec. 4" Insert "sec. 5" 2000-04-15 House Journal Page 3199 HB 446 Page 9, line 12: Delete "sec. 4" Insert "sec. 5" Page 9, line 14: Delete "sec. 4" Insert "sec. 5" Page 9, line 15: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 10, line 19: Delete "sec. 9" Insert "sec. 10" Page 11, line 17: Delete "Section 5" Insert "Section 6" Page 11, line 21: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 11, line 25: Delete "Sections 10, 11, and 13" Insert "Sections 11, 12, and 14" Page 11, line 27: Delete "sec. 9" Insert "sec. 10" Page 11, line 30: Delete "sec. 15(d)" Insert "sec. 16(d)" 2000-04-15 House Journal Page 3200 HB 446 Page 12, line 1: Delete "sec. 5" in both places Insert "sec. 6" in both places Delete "sec. 16" Insert "sec. 17" Page 12, lines 2 - 3: Delete "sec. 16" Insert "sec. 17" Page 12, line 6: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 12, line 8: Delete "secs. 10, 11, and 13" Insert "secs. 11, 12, and 14" Delete "sec. 17" Insert "sec. 18" Page 12, line 13: Delete "sec. 15(d)" Insert "sec. 16(d)" Page 12, line 16: Delete "18 - 20" Insert "19 - 21" Representative Therriault moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Grussendorf objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 446(FIN) am "An Act establishing and relating to the power cost equalization endowment fund; relating to the power cost equalization and rural electric capitalization fund; relating to the Railbelt energy fund; authorizing and relating to the sale of the four dam pool 2000-04-15 House Journal Page 3201 HB 446 hydroelectric project; establishing and relating to joint action agencies created to purchase power projects; and providing for an effective date." Representative Green moved and asked unanimous consent that Representative Kookesh be excused from a call of the House today. There being no objection, it was so ordered. The question being: "Shall CSHB 446(FIN) am pass the House?" The roll was taken with the following result: CSHB 446(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams Nays: Ogan Excused: Kohring, Kookesh, Sanders And so, CSHB 446(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 446(FIN) am was referred to the Chief Clerk for engrossment. HB 447 The following, which was advanced to third reading from the April 14, 2000, calendar (page 3148), was read the third time: CS FOR HOUSE BILL NO. 447(FIN) "An Act making appropriations relating to power cost equalization and the sale of the four dam pool hydroelectric project and to 2000-04-15 House Journal Page 3202 HB 447 capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Representative Therriault moved and asked unanimous consent that CSHB 447(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Therriault, Barnes, and Phillips: Page 1, line 6: Delete "appropriation made in sec. 5, ch. 19, SLA 1993, lapses" Insert "appropriations made in secs. 4 and 5, ch. 19, SLA 1993, lapse" Representative Therriault moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 447(FIN) am pass the House?" The roll was taken with the following result: CSHB 447(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Smalley, Therriault, Whitaker, Williams Nays: Coghill, Ogan, Rokeberg Excused: Kohring, Kookesh, Sanders And so, CSHB 447(FIN) am passed the House. 2000-04-15 House Journal Page 3203 HB 447 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 that the House adopt the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska. The question being: "Shall the appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, be adopted?" The roll was taken with the following result: CSHB 447(FIN) am Third Reading Constitutional Budget Reserve Appropriations YEAS: 33 NAYS: 4 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Phillips, Porter, Smalley, Whitaker, Williams Nays: Coghill, Ogan, Rokeberg, Therriault Excused: Kohring, Kookesh, Sanders And so, the constitutional budget reserve fund appropriations were adopted. CSHB 447(FIN) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 38 The following was read the second time: SENATE JOINT RESOLUTION NO. 38 Expressing support for a cooperative United States-Canada feasibility study on extending the North American rail system through British Columbia and the Yukon Territory to Alaska. 2000-04-15 House Journal Page 3204 SJR 38 with the: Journal Page TRA RPT 6DP 1NR 3132 SENATE ZERO FISCAL NOTE (S.TRA) 3/3/00 3132 Amendment No. 1 was offered by Representatives Kott and James: Page 2, following line 6: Insert new material to read: "WHEREAS Senator Frank Murkowski, United States Senator for Alaska, has introduced S. 2253, Rails to Resources Act of 2000, to establish a joint United States-Canada commission to study the feasibility of connecting the rail system in Alaska to the continental rail system of North America; and" Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Green moved and asked unanimous consent that SJR38 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR38 am H was read the third time. The question being: "Shall SJR38 am H pass the House?" The roll was taken with the following result: SJR 38 am H Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Moses, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Smalley, Therriault, Whitaker, Williams 2000-04-15 House Journal Page 3205 SJR 38 Excused: Kohring, Kookesh, Sanders And so, SJR38 am H passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE BILLS (Continued) HB 445 The following, which was moved to the bottom of the calendar (page 3186), was read the second time: HOUSE BILL NO. 445 "An Act relating to a rural school construction and planned maintenance pilot program; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) 5DP 5NR 3109 ZERO FISCAL NOTE (H.FIN/DOE) 3109 Representative Mulder moved and asked unanimous consent that HB445 be returned to the Rules Committee. There being no objection, it was so ordered. 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 - Americorps Members By Representatives Kerttula, Hudson, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kookesh, Kott, Masek, Morgan, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton 2000-04-15 House Journal Page 3206 Honoring - Joseph M. Beedle By Representatives Hudson, Kerttula, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, James, Joule, Kapsner, Kemplen, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Elton Honoring - Chugiak Elementary School, Fiftieth Anniversary Celebration By Representatives Kohring, Dyson, Kott, Ogan, Masek, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, William; Senators Halford, Phillips, Green Honoring - Heinz and Dolores Kohring, Fiftieth Wedding Anniversary By Representatives Kohring, Ogan, Masek, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senators Halford, Green Honoring - Mathcounts and the Winners of the State Math Competition By Representatives Kemplen, Croft, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Ellis Honoring - Anchorage Junior Aces Pee Wee B Team By Senator Ward; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kott, Masek, Morgan, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-04-15 House Journal Page 3207 Honoring - Colony High School Football Cheerleaders By Senator Green; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Law Day By Senator Leman; Representatives Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Philip Andre' Layral By Senator Miller; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Joyanne Meta Hamilton By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Noorvik High School Men's Basketball Team "The Bears" By Senator Adams; Representatives Joule, Porter, Austerman, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - John Walter Galanos By Representatives Kohring, Masek, Ogan, Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Morgan, Mulder, Murkowski, Rokeberg, Sanders, Smalley, Therriault, Williams; Senators Green, Halford 2000-04-15 House Journal Page 3208 In Memoriam - Walter Jerome Coty III By Representatives Coghill, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Dolores Haeg Friendshuh By Representatives Davis, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Ann Tarpenning By Representatives Coghill, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Donald L. Koutchak Jr. By Representatives Joule, Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams; Senator Adams In Memoriam - Robert A. Davenny, 1914 - 2000 By Senator Leman; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Mellie E. Terwilliger By Senator Lincoln; Representatives Morgan, Porter, Austerman, Berkowitz, Brice, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kott, Masek, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-04-15 House Journal Page 3209 In Memoriam - Ruth Elizabeth (Libby) Oaksmith By Senator Taylor; Representatives Porter, Austerman, Berkowitz, Brice, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kerttula, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams RECONSIDERATION HJR 52 Representative James moved and asked unanimous consent that the following, which had been reconsidered and held to April 17, 2000 (page 3145), be returned to the Rules Committee: CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD)(fld H) Proposing an amendment to the Constitution of the State of Alaska relating to certain public corporations. There being no objection, it was so ordered. UNFINISHED BUSINESS SJR 38 Representatives Davies and Murkowski added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 38 am H Expressing support for a cooperative United States-Canada feasibility study on extending the North American rail system through British Columbia and the Yukon Territory to Alaska. SB 235 Representative Murkowski added her name as cross sponsor to: CS FOR SENATE BILL NO. 235(FIN) "An Act authorizing the exchange of land between the Alaska Railroad Corporation and Eklutna, Inc., between the Alaska Railroad Corporation and the United States Department of the Army and the United States Department of the Air Force, between the Alaska Railroad Corporation and Chugach Alaska Corporation, and between the Alaska Railroad Corporation and the Municipality of Anchorage; authorizing the transfer of land between Alaska 2000-04-15 House Journal Page 3210 SB 235 Railroad mileposts 133 and 134 from the Alaska Railroad Corporation to certain named individuals; relating to transfers of public land or grants or conveyances of interest in public land among the Alaska Railroad Corporation, the Department of Transportation and Public Facilities, and the Department of Natural Resources to relocate or widen the Seward Highway, to relocate railroad facilities, and to relocate adjacent utility facilities from Potter Station to Girdwood; and providing for an effective date." SB 261 Representative Barnes added her name as cross sponsor to: CS FOR SENATE BILL NO. 261(FIN) "An Act relating to needle stick and sharps injury protections and the use of safe needles by health care facilities and health care professionals; relating to the vaccination of health care workers against diseases transmitted by bloodborne pathogens; and providing for an effective date." ENGROSSMENT HB 294 CSHB 294(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 331 CSHB 331(MLV) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 368 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: CS FOR HOUSE BILL NO. 368(JUD) am "An Act relating to release of persons before trial and before sentencing or service of sentence; relating to when service of sentence shall begin; relating to custodians of persons released, to security posted on behalf of persons released, and to the offense of violation of conditions of release; and amending Rule 41(f), Alaska Rules of Criminal Procedure." 2000-04-15 House Journal Page 3211 HB 419 CSHB 419(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 441 CSHB 441(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 446 CSHB 446(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 447 CSHB 447(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SJR 38 SJR 38 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Judiciary Committee 1:00 p.m., 4/15 meeting CONTINUED: upon adj., 4/15 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 17, 2000. There being no objection, the House adjourned at 4:41 p.m. Suzi Lowell Chief Clerk