Legislature(1999 - 2000)
2000-04-26 House Journal
Full Journal pdf2000-04-26 House Journal Page 3523 HOUSE JOURNAL ALASKA STATE LEGISLATURE TWENTY-FIRST LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 26, 2000 One Hundred Eighth Day Pursuant to adjournment, the House was called to order by Speaker Porter at 6:58 p.m. Roll call showed 31 members present. Representative Moses had been previously excused from a call of the House today. Representatives Barnes, Croft, Davies, Davis, Kerttula, Masek, Smalley, and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Green. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father, Creator God of all that was, is, and ever shall be, we pause in our hectic, often disorganized, even disillusioned lives, to now, briefly show our respect to You. In our fast-paced, impatient existence we too often forget that while time means nothing to You, our individual actions are very important to You. So important that You sent Your son to us to show us how You would have us behave; and to die for our inability to follow Your word. Lord, we meet today to try to do the work of the people who elected us, and toward that end, dear God, please make our products pleasing to You. 2000-04-26 House Journal Page 3524 Guide us in our deliberations, Lord, and while we are about our earthly tasks, keep us ever mindful of Your commandment to love our neighbor as ourselves. That, while opinions may differ, we should express them with respect; for we are all Your creations. Thank You, heavenly Father, for this opportunity to collectively seek Your guidance. Amen. The Pledge of Allegiance was led by Representative Whitaker. CERTIFICATION OF THE JOURNAL Representative Green moved and asked unanimous consent that the journal for the 107th legislative day, with the following correction, be approved as certified by the Chief Clerk. There being no objection, it was so ordered. SB 267 Page 3480, the effective date of the bill should be July 20, 2000. RECONSIDERATION SJR 27 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until today (page 3496), be held until April 27, 2000: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 27(FIN)(fld H) Proposing amendments to the Constitution of the State of Alaska relating to revisions of the state constitution and providing that a court may not change language of a proposed constitutional amendment or revision. There being no objection, it was so ordered. 2000-04-26 House Journal Page 3525 SB 4 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until today (page 3497), be held until April 27, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 4(FIN) "An Act relating to victims' rights; relating to establishing an office of victims' rights; relating to compensation of victims of violent crimes; relating to eligibility for a permanent fund dividend for persons convicted of and incarcerated for certain offenses; relating to notice of appropriations concerning victims' rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule 9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of Evidence; and providing for an effective date." There being no objection, it was so ordered. SB 177 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until today (page 3491), be held until April 27, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) "An Act relating to insurance trade practices; and providing for an effective date." There being no objection, it was so ordered. SB 286 Representative Green moved and asked unanimous consent that the reconsideration of the following, which had been held until today (page 3497), be held until April 27, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 286(FIN) am H "An Act relating to the duties and powers of the attorney general." There being no objection, it was so ordered. 2000-04-26 House Journal Page 3526 SB 289 Representative Green moved and asked unanimous consent that the reconsideration of the following (page 3496) be held until April 27, 2000: HOUSE CS FOR CS FOR SENATE BILL NO. 289(FIN) "An Act relating to technical and vocational education and to employment assistance and training; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representatives Barnes, Davis, and Masek was noted. MESSAGES FROM THE SENATE HB 324 A message dated April 26, 2000, was read stating the Senate has passed: HOUSE BILL NO. 324 "An Act requiring written consent by the person who is the subject of the information before releasing personal information contained in motor vehicle records, to comply with 18 U.S.C. 2721; and providing for an effective date." HB 324 was referred to the Chief Clerk for enrollment. HB 398 A message dated April 26, 2000, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 398(JUD) "An Act relating to the Alaska Life and Health Insurance Guaranty Association." CSHB 398(JUD) was referred to the Chief Clerk for enrollment. 2000-04-26 House Journal Page 3527 HB 325 A message dated April 26, 2000, was read stating the Senate has passed CSHB 325(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) "An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date." CSHB 325(JUD) is under Unfinished Business. HB 363 A message dated April 26, 2000, was read stating the Senate has passed CSHB 363(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 363(FIN) "An Act relating to salmon product reports and to the sale of fish; and providing for an effective date." CSHB 363(FIN) is under Unfinished Business. **The presence of Representative Therriault was noted. HB 414 A message dated April 26, 2000, was read stating the Senate has passed CSHB 414(O&G) with the following amendment: Page 2, line 21: Delete "who is certified" Insert "who (A) holds a certification" Page 2, line 22: Delete "," Insert "and has professional experience in the field of petroleum geology; or (B)" 2000-04-26 House Journal Page 3528 HB 414 Page 2, line 23: Delete "," Page 3, line 1: Delete all material. Insert "do not apply to a person who is serving on the Alaska Oil and Gas Conservation Commission on the day before the effective date of this Act during (1) the term of office being served on the day before the effective date of this Act; or (2) a subsequent term of office that is consecutive with the term of office being served on the day before the effective date of this Act." and so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 414(O&G) am S "An Act relating to the appointment and qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." CSHB 414(O&G) is under Unfinished Business. HB 418 A message dated April 25, 2000, was read stating the Senate has passed CSHB 418(RLS) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) am S(reengrossed) "An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the state's role in the community development quota program; and providing for an effective date." CSHB 418(RLS) is under Unfinished Business. 2000-04-26 House Journal Page 3529 SB 73 A message dated April 25, 2000, was read stating the Senate has concurred in the House amendment to CSSB 73(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 73(FIN) "An Act relating to assisted living homes; and providing for an effective date." SB 259 A message dated April 25, 2000, was read stating the Senate has concurred in the House amendment to CSSB 259(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 259(JUD) "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." SB 294 A message dated April 25, 2000, was read stating the Senate has concurred in the House amendment to CSSB 294(JUD), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 294(JUD) "An Act relating to the possession of concealed handguns and to concealed handgun permits." SB 207 A message dated April 26, 2000, was read stating the Senate has failed to concur in the House amendment to: SENATE BILL NO. 207 "An Act relating to the establishment and enforcement of medical support orders for children; and providing for an effective date." namely, HOUSE CS FOR SENATE BILL NO. 207(RLS) "An Act relating to the establishment and enforcement of medical 2000-04-26 House Journal Page 3530 SB 207 support orders for children; amending Rule 90.3, Alaska Rules of Civil Procedure; and providing for an effective date." (technical title change) and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Green, Chair Senator Taylor Senator Elton Representative Green moved that the House recede from its amendment to SB 207, namely, HCS SB 207(RLS), and recommended that the members vote no. The question being: "Shall the House recede from its amendment to SB 207?" The roll was taken with the following result: HCS SB 207(RLS) Recede YEAS: 0 NAYS: 35 EXCUSED: 1 ABSENT: 4 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Moses Absent: Croft, Davies, Kerttula, Smalley And so, the House failed to recede. 2000-04-26 House Journal Page 3531 SB 207 Pursuant to Uniform Rule 42(a), the Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Dyson, Chair Representative Whitaker Representative Brice The Chief Clerk was instructed to so notify the Senate. HB 67 A message dated April 25, 2000, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 67(JUD) am "An Act relating to release of certain persons alleged to have committed certain sexual offenses." and SENATE CS FOR CS FOR HOUSE BILL NO. 67(JUD) (same title) The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted are on page 3459. and A message dated April 26, 2000, was read stating the Senate has adopted the Conference Committee report, with limited powers of free conference, on CSHB 67(JUD) am and SCS CSHB 67(JUD), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 67 "An Act relating to release of certain persons alleged to have committed certain sexual offenses." 2000-04-26 House Journal Page 3532 COMMUNICATIONS The following report was received: Dept. of Public Safety Division of Alaska State Troopers Your Alaska State Troopers - 1999 "Loyalty, Integrity & Courage" REPORTS OF STANDING COMMITTEES HB 179 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 179 "An Act eliminating the Alaska Public Offices Commission and all campaign contribution and expenditure limits; transferring the administration of lobbying, conflict of interest, and financial disclosure statutes from the Alaska Public Offices Commission to the division of elections; relating to reporting of campaign contributions and expenditures; defining 'full disclosure,' 'purposely,' 'recklessly,' and 'resident'; amending the definition of 'contribution,' 'group,' and 'political party'; changing the residency requirements for candidates for public offices; and providing for criminal penalties for violation of these provisions." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 179(STA) "An Act relating to the reporting of campaign contributions and to the identification of political campaign communications." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): James No recommendation (4): Green, Hudson, Whitaker, Ogan 2000-04-26 House Journal Page 3533 HB 179 The following fiscal note applies to CSSSHB 179(STA): Zero fiscal note, House State Affairs Committee, 4/26/00 SSHB 179 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HB 67 The Conference Committee with limited powers of free conference considering CSHB 67(JUD) am and SCS CSHB 67(JUD) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 67 "An Act relating to release of certain persons alleged to have committed certain sexual offenses." The report was signed by Representatives Rokeberg (Chair), Murkowski, and Kerttula; and Senators Taylor (Chair) and Ellis. The following fiscal note applies: Senate indeterminate fiscal note, Dept. of Corrections, 4/18/00 Representative Green moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 67 and recommended that the members vote yes. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 67 Adopt Conference Committee Report YEAS: 23 NAYS: 9 EXCUSED: 1 ABSENT: 7 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Sanders, Whitaker, Williams 2000-04-26 House Journal Page 3534 HB 67 Nays: Berkowitz, Brice, Cissna, Coghill, Grussendorf, Joule, Kapsner, Kemplen, Kookesh Excused: Moses Absent: Croft, Davies, Kerttula, Kohring, Ogan, Smalley, Therriault And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 67 "An Act relating to release of certain persons alleged to have committed certain sexual offenses." 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 3520). CCS HB 67 was referred to the Chief Clerk for engrossment and enrollment. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - ARCO Alaska, Inc., "Corporate Citizen Extraordinaire" By Representatives Cowdery, Phillips Honoring - Anchorage Coalition of Community Patrols By Representative Cissna In Memoriam - John H. Savo By Representative Moses; Senator Hoffman In Memoriam - Richard B. "Rip" Collins By Representative Cissna 2000-04-26 House Journal Page 3535 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 192 The following, which was on today's calendar, was in the Finance Committee: CS FOR SENATE BILL NO. 192(FIN) am "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." The Speaker stated that CSSB 192(FIN) am would be on the April 27, 2000, calendar. HOUSE BILLS IN THIRD READING HB 281 The following, which had been held in third reading (page 3501), was again read a third time: CS FOR HOUSE BILL NO. 281(FIN) am "An Act relating to the financing of construction of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a certain tobacco litigation settlement to the Alaska Housing Finance Corporation; relating to the deposit of certain anticipated revenue from a certain tobacco litigation settlement; authorizing the issuance of bonds by the Alaska Housing Finance Corporation with proceeds to finance public school construction, facilities for the University of Alaska, and facilities for ports and harbors; providing for the creation of subsidiary corporations of the Alaska Housing Finance Corporation for the purpose of financing or facilitating the financing of public school construction, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." 2000-04-26 House Journal Page 3536 HB 281 Representative Berkowitz moved that CSHB 281(FIN) am be tabled. Representative Berkowitz placed a call of the House. **The presence of Representatives Smalley, Kerttula, Croft, and Davies was noted. The Speaker stated that the call was satisfied. The question being: "Shall CSHB 281(FIN) am be tabled?" The roll was taken with the following result: CSHB 281(FIN) am Third Reading Table YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Moses And so, the motion failed. Representative Berkowitz moved that the debate on CSHB 281(FIN) am be postponed until April 28, 2000. The question being: "Shall debate on CSHB 281(FIN) am be postponed until April 28?" The roll was taken with the following result: 2000-04-26 House Journal Page 3537 HB 281 CSHB 281(FIN) am Third Reading Postpone Debate Until April 28 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Nays: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kohring, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Excused: Moses And so, the motion failed. The question being: "Shall CSHB 281(FIN) am pass the House?" The roll was taken with the following result: CSHB 281(FIN) am Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cissna, Cowdery, Croft, Davies, 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, Coghill, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Smalley Excused: Moses And so, CSHB 281(FIN) am passed the House. 2000-04-26 House Journal Page 3538 HB 281 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 281(FIN) am was referred to the Chief Clerk for engrossment. HB 287 The following, which had been held in third reading (page 3503), was again read a third time: CS FOR HOUSE BILL NO. 287(FIN) am "An Act making capital appropriations that are funded from the sale of revenue bonds that are issued by the Alaska Housing Finance Corporation or a subsidiary of the Alaska Housing Finance Corporation and that are to be repaid either from the revenue derived from the settlement of State of Alaska v. Philip Morris, Incorporated, or from revenue of the Alaska Housing Finance Corporation to the Department of Education and Early Development for public school facilities, to the University of Alaska for facilities for the University of Alaska, and to the Department of Transportation and Public Facilities for facilities for ports and harbors; and providing for an effective date." The question being: "Shall CSHB 287(FIN) am pass the House?" The roll was taken with the following result: CSHB 287(FIN) am Third Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cissna, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Coghill, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Smalley 2000-04-26 House Journal Page 3539 HB 287 Excused: Moses And so, CSHB 287(FIN) am(reengrossed) passed the House. Representative Green moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. Representative Berkowitz objected. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 287(FIN) am(reengrossed) Third Reading Effective Date YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Cowdery, Davis, Dyson, Foster, Green, Halcro, Harris, Hudson, James, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Brice, Cissna, Coghill, Croft, Davies, Grussendorf, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Sanders, Smalley Excused: Moses And so, lacking the necessary 27 votes, the effective date clause was not adopted, and the new title appears below: CS FOR HOUSE BILL NO. 287(FIN) am(reengrossed)(efd fld) "An Act making capital appropriations that are funded from the sale of revenue bonds that are issued by the Alaska Housing Finance Corporation or a subsidiary of the Alaska Housing Finance Corporation and that are to be repaid either from the revenue derived from the settlement of State of Alaska v. Philip Morris, Incorporated, or from revenue of the Alaska Housing Finance Corporation to the Department of Education and Early Development for public school facilities, to the University of 2000-04-26 House Journal Page 3540 HB 287 Alaska for facilities for the University of Alaska, and to the Department of Transportation and Public Facilities for facilities for ports and harbors." CSHB 287(FIN) am(reengrossed)(efd fld) was referred to the Chief Clerk for engrossment. 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 - Mt. Edgecumbe Lady Braves By Representatives Grussendorf, Porter, Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Cowdery, Davies, Davis, Dyson, Green, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams Honoring - Leland Dishman By Senator Adams; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Martha Denny Byrum By Senator Lincoln; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Susie Williams By Senator Lincoln; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams 2000-04-26 House Journal Page 3541 In Memoriam - Leonard O. Stormo By Senators Hoffman, Torgerson; Representatives Phillips, Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kookesh, Kott, Morgan, Mulder, Murkowski, Ogan, Rokeberg, Sanders, Smalley, Therriault, Williams In Memoriam - Hazel Ann Kelly By Senator Pete Kelly; Representatives Porter, Austerman, Barnes, Berkowitz, Brice, Cissna, Coghill, Cowdery, Davies, Davis, Dyson, Foster, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Rokeberg, Sanders, Smalley, Therriault, Williams The Speaker stated that, without objection, the House would revert to: REPORTS OF SPECIAL COMMITTEES SB 273 The House Special Committee on World Trade and State/Federal Relations has considered: CS FOR SENATE BILL NO. 273(RLS)(title am) "An Act regarding oil discharge prevention, and relating to contingency plans and proof of financial responsibility for all self- propelled nontank vessels exceeding 400 gross registered tonnage and for railroad tank cars; authorizing inspection of nontank vessels and trains; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 273(WTR) "An Act regarding oil discharge prevention, and relating to contingency plans and proof of financial responsibility for all self- propelled nontank vessels exceeding 400 gross registered tonnage and for railroad tank cars; and providing for an effective date." (New title pending authorization by a concurrent resolution.) The report was signed by Representative Barnes, Chair, with the following individual recommendations: 2000-04-26 House Journal Page 3542 SB 273 Do pass (3): Joule, Phillips, Barnes No recommendation (4): Berkowitz, Cowdery, Green, Masek The following fiscal note applies to HCS CSSB 273(WTR): Fiscal note, Dept. of Environmental Conservation, 4/26/00 CSSB 273(RLS)(title am) was referred to Finance Committee. CONCUR IN SENATE AMENDMENTS HB 253 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 3481) on the following at this time: CS FOR HOUSE BILL NO. 253(JUD) "An Act relating to a school disciplinary and safety program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 253(HES) am S (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 253(JUD), thus adopting SCS CSHB 253(HES) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 253(JUD)?" The roll was taken with the following result: SCS CSHB 253(HES) am S Concur YEAS: 0 NAYS: 39 EXCUSED: 1 ABSENT: 0 2000-04-26 House Journal Page 3543 HB 253 Nays: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Moses And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 253(HES) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Dyson, Chair Representative Green Representative Croft RECONSIDERATION HB 281 Representative Coghill gave notice of reconsideration of his vote (page 3537) on the following: CS FOR HOUSE BILL NO. 281(FIN) am "An Act relating to the financing of construction of public school facilities, facilities for the University of Alaska, and facilities for ports and harbors; authorizing the commissioner of revenue to sell the right to receive a portion of the anticipated revenue from a certain tobacco litigation settlement to the Alaska Housing Finance Corporation; relating to the deposit of certain anticipated revenue from a certain tobacco litigation settlement; authorizing the issuance of bonds by the Alaska Housing Finance Corporation with proceeds to finance public school construction, facilities for 2000-04-26 House Journal Page 3544 HB 281 the University of Alaska, and facilities for ports and harbors; providing for the creation of subsidiary corporations of the Alaska Housing Finance Corporation for the purpose of financing or facilitating the financing of public school construction, facilities for the University of Alaska, and facilities for ports and harbors; and providing for an effective date." The Speaker ruled the notice out of order, stating that reconsideration of CSHB 281(FIN) am was no longer available. CONCUR IN SENATE AMENDMENTS HB 325 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 3527) on the following at this time: CS FOR HOUSE BILL NO. 325(JUD) "An Act relating to priorities, claims, and liens for payment for certain medical services provided to medical assistance recipients; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 325(FIN) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 325(JUD), thus adopting SCS CSHB 325(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 325(JUD)?" The roll was taken with the following result: SCS CSHB 325(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 2000-04-26 House Journal Page 3545 HB 325 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 325(FIN). 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 325(FIN) was referred to the Chief Clerk for enrollment. HB 363 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 3527) on the following at this time: CS FOR HOUSE BILL NO. 363(FIN) "An Act relating to salmon product reports and to the sale of fish; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 363(FIN) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 363(FIN), thus adopting SCS CSHB 363(FIN), and recommended that the members vote yes. 2000-04-26 House Journal Page 3546 HB 363 The question being: "Shall the House concur in the Senate amendment to CSHB 363(FIN)?" The roll was taken with the following result: SCS CSHB 363(FIN) Concur YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Therriault, Whitaker, Williams Excused: Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 363(FIN). 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 363(FIN) was referred to the Chief Clerk for enrollment. HB 414 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 3527) on the following at this time: CS FOR HOUSE BILL NO. 414(O&G) "An Act relating to the appointment and qualifications of the members of the Alaska Oil and Gas Conservation Commission; and providing for an effective date." and CS FOR HOUSE BILL NO. 414(O&G) am S (same title) 2000-04-26 House Journal Page 3547 HB 414 There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 414(O&G), thus adopting CSHB 414(O&G) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 414(O&G)?" The roll was taken with the following result: CSHB 414(O&G) am S Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Berkowitz, Brice, Bunde, Cissna, Coghill, Cowdery, Croft, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, James, Joule, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Kott, Masek, Morgan, Mulder, Murkowski, Ogan, Phillips, Porter, Rokeberg, Sanders, Smalley, Whitaker, Williams Excused: Moses Absent: Therriault And so, the House concurred in the Senate amendment, thus adopting CSHB 414(O&G) am S. 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. The Chief Clerk was instructed to so notify the Senate. CSHB 414(O&G) am S was referred to the Chief Clerk for enrollment. HB 418 Representative Green moved and asked unanimous consent that the House consider the Senate message (page 3528) on the following at this time: 2000-04-26 House Journal Page 3548 HB 418 CS FOR HOUSE BILL NO. 418(RLS) "An Act designating certain receipts as program receipts, appropriations of which are not made from the unrestricted general fund; relating to the establishment of an administrative cost charge for the state's role in the community development quota program; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 418(FIN) am S(reengrossed) (same title) There being no objection, it was so ordered. Representative Green moved that the House concur in the Senate amendment to CSHB 418(RLS), thus adopting SCS CSHB 418(FIN) am S(reengrossed), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 418(RLS)?" The roll was taken with the following result: SCS CSHB 418(FIN) am S(reengrossed) Concur YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Cissna, Cowdery, Davies, Davis, Dyson, Foster, Green, Grussendorf, Halcro, Harris, Hudson, Joule, Kott, Masek, Morgan, Mulder, Murkowski, Phillips, Porter, Rokeberg, Therriault, Whitaker, Williams Nays: Berkowitz, Coghill, Croft, James, Kapsner, Kemplen, Kerttula, Kohring, Kookesh, Ogan, Sanders, Smalley Excused: Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 418(FIN) am S(reengrossed). 2000-04-26 House Journal Page 3549 HB 418 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 418(FIN) am S(reengrossed) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HB 178 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 178 "An Act relating to removing solid waste collection and disposal service from regulation by the Alaska Public Utilities Commission; requiring certain municipalities, and permitting other municipalities, to regulate solid waste collection and disposal service within the municipal boundaries; and providing for an effective date." HB 390 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 390 "An Act creating a State Land Commission and regional land disposal advisory boards; providing for the disposal of 250,000 acres of state land annually; changing the residency requirements for bidders at land auction sales; amending other laws relating to disposal of state land; and providing for an effective date." HB 394 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 394 "An Act relating to a municipal property tax limitation; and providing for an effective date." 2000-04-26 House Journal Page 3550 ENGROSSMENT HB 281 CSHB 281(FIN) am was again engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 287 CSHB 287(FIN) am(reengrossed)(efd fld) was again engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 25 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:45 p.m., April 26, 2000: HOUSE BILL NO. 25 "An Act relating to a municipal river habitat protection tax credit." HB 99 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:45 p.m., April 26, 2000: HOUSE BILL NO. 99 "An Act relating to sexual assault and the definitions of 'sexual contact,' 'sexual penetration,' and 'legal guardian' in AS 11." The following memorandum, dated April 20, 2000, was received from Patty Rose, Enrolling Secretary, Division of Legal and Research Services: "In accordance with Rule 43, Uniform Rules of the Alaska State Legislature, I am reporting the following manifest errors in HB 99, which have been corrected in enrolling: 2000-04-26 House Journal Page 3551 HB 99 Page 1, line 5, following "if": Insert "the offender" Page 1, line 6: Delete "the offender" Page 1, line 11: Delete "the offender," Page 1, line 12: Delete "the Department of Corrections" Insert "corrections" Page 2, line 3: Delete "the offender" Page 2, line 11: Delete "the Department of Corrections" Insert "corrections"" HB 105 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:45 p.m., April 26, 2000: SENATE CS FOR CS FOR HOUSE BILL NO. 105(L&C) "An Act providing for the licensing of speech-language pathologists; relating to fees paid by audiologists and speech- language pathologists; and providing for an effective date." HB 180 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:45 p.m., April 26, 2000: CS FOR HOUSE BILL NO. 180(FIN) am "An Act relating to the manufacture, use, display, or delivery of controlled substances while children are present." 2000-04-26 House Journal Page 3552 HB 290 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:45 a.m., April 26, 2000: CS FOR HOUSE BILL NO. 290(FIN) "An Act relating to pipeline carriers of natural gas produced from the North Slope of Alaska and to the intrastate regulation by the Regulatory Commission of Alaska of pipelines and pipeline facilities of that natural gas." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meetings today have been changed as indicated: Finance Committee 11:00 a.m., 4/26 meeting CONTINUED TO: after adj., 4/26 Judiciary Committee 1:00 p.m., 4/26 meeting CHANGED TO: upon adj., 4/26 ADJOURNMENT Representative Green moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 27, 2000. There being no objection, the House adjourned at 8:27 p.m. Suzi Lowell Chief Clerk