Legislature(1995 - 1996)
1995-03-01 House Journal
Full Journal pdf1995-03-01 House Journal Page 0517 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 1, 1995 Forty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:20 a.m. Roll call showed 39 members present. Representative Barnes was excused due to illness. The invocation was offered by the Chaplain, Reverend Laura Minnich Lockey of the Holy Trinity Episcopal Church. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Hear our prayer, O God, for this gathering of the House of Representatives. Grant unto them the wisdom to create that which is essential for the common good. Let us not waste time in pettiness or in fruitless deliberation. Help us to heal thoughts and feelings which fracture this body. Endow us with a vision of this state that will bless our neighbors and proclaim Your glory. In Christ's name we pray. Amen." The Pledge of Allegiance was led by Representative B.Davis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 43rd and 44th legislative days, House Journal Supplement No. 3, and House & Senate Joint Journal Supplement No. 10 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1 1995-03-01 House Journal Page 0518 MESSAGES FROM THE SENATE A message dated February 28, 1995, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 8 CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) by the Senate Rules Committee: Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. was read the first time and is on today's calendar. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Alaska Judicial Council Seventeenth Report: 1993-1994 to the Legislature and Supreme Court REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Mary Ann Eininger Robert Gottstein Abbe Hensley R. Weaver Ivanoff Marilyn Webb Michael P. Williams as members of the State Board of Education. 1995-03-01 House Journal Page 0519 The reports stated that they did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. The reports were signed by Representative Bunde, Co-chair, and Representatives Vezey, G.Davis, Rokeberg, Brice and Robinson. HCR 11 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 11 Designating March 1995 as Sobriety Awareness Month, commonly referred to as "SAM." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Porter, Green, Robinson, Willis The following fiscal notes apply: Zero fiscal note, Dept. of Law, 3/1/95 Zero fiscal note, Dept. of Health & Social Services, 3/1/95 HCR 11 is on today's calendar. HJR 1 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Porter, Green No recommendation (2): Robinson, Willis The following fiscal notes apply: 1995-03-01 House Journal Page 0520 HJR 1 Fiscal note, Office of the Governor, 3/1/95 Zero fiscal note, Dept. of Law, 3/1/95 HJR 1 was referred to the Judiciary Committee. HJR 20 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 20 Relating to unfunded federal mandates and the Conference of the States. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 20(STA) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (8): Hanley, Parnell, Kohring, Grussendorf, Kelly, Therriault, Mulder, Foster No recommendation (2): Navarre, Brown The following fiscal notes apply to CSHJR 20 (STA): Fiscal note, Legislative Affairs Agency, 2/1/95 Zero fiscal note, Office of the Governor, 2/1/95 HJR 20 was referred to the Rules Committee for placement on the calendar. HB 21 The Judiciary Committee has considered: HOUSE BILL NO. 21 "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; and providing for an effective date." 1995-03-01 House Journal Page 0521 HB 21 and recommends it be replaced with: CS FOR HOUSE BILL NO. 21(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Porter, Finkelstein, B.Davis, Toohey, Vezey, Bunde, Green The following fiscal notes apply to CSHB 21(JUD): Zero fiscal note, Dept. of Health & Social Services, 2/10/95 Zero fiscal note, Dept. of Public Safety, 2/10/95 Zero fiscal note, Dept. of Law, 2/10/95 HB 21 was referred to the Finance Committee. HB 23 The Judiciary Committee has considered: HOUSE BILL NO. 23 "An Act relating to referrals involving dental services." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Finkelstein, B.Davis, Porter, Toohey, Vezey, Bunde, Green The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 2/8/95 HB 23 was referred to the Rules Committee for placement on the calendar. HB 89 The State Affairs Committee has considered: 1995-03-01 House Journal Page 0522 HB 89 HOUSE BILL NO. 89 "An Act making a special appropriation to the principal of the permanent fund; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Porter, Green No recommendation (2): Robinson, Willis HB 89 was referred to the Judiciary Committee. HB 107 The Resources Committee has considered: HOUSE BILL NO. 107 "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." and recommends it be replaced with: CS FOR HOUSE BILL NO. 107(FSH) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (5): Davies, MacLean, Green, Williams, Ogan No recommendation (2): Nicholia, Austerman The following fiscal note applies to CSHB 107(FSH): Zero fiscal note, Dept. of Fish & Game, 2/10/95 HB 107 was referred to the Rules Committee for placement on the calendar. HB 116 The Labor & Commerce Committee has considered: 1995-03-01 House Journal Page 0523 HB 116 HOUSE BILL NO. 116 "An Act exempting the Alaska Seafood Marketing Institute from the State Procurement Code." and recommends it be replaced with: CS FOR HOUSE BILL NO. 116(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Kott, Elton, Kubina, Porter, Sanders Do not pass (1): Rokeberg No recommendation (1): Masek The following fiscal notes apply to CSHB 116(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 2/15/95 Zero fiscal note, Dept. of Administration, 2/15/95 HB 116 was referred to the Finance Committee. HB 173 The State Affairs Committee has considered: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." The report was signed by Representatives James, Chair, with the following individual recommendations: Do pass (1): James No recommendation (4): Porter, Green, Robinson, Willis The following fiscal note applies: 1995-03-01 House Journal Page 0524 HB 173 Zero fiscal note, Office of the Governor, 3/1/95 HB 173 was referred to the Rules Committee for placement on the calendar. SCR 4 The State Affairs Committee has considered: SENATE CONCURRENT RESOLUTION NO. 4 Naming the Poet Laureate of Alaska. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass: (4): James, Porter, Robinson, Willis No recommendation (1): Green The following fiscal note applies: Senate zero fiscal note, Dept. of Education, 2/3/95 SCR 4 was referred to the Rules Committee for placement on the calendar. SB 55 The Labor & Commerce Committee has considered: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kott, Elton, Porter No recommendation (4): Rokeberg, Kubina, Masek, Sanders The following fiscal notes apply: 1995-03-01 House Journal Page 0525 SB 55 Senate zero fiscal note, Dept. of Health & Social Services, 2/3/95 Senate zero fiscal note, Dept. of Public Safety, 2/3/95 Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/3/95 SB 55 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HJR 26 The House Special Committee on Oil and Gas has considered: HOUSE JOINT RESOLUTION NO. 26 Urging the United States Congress to uphold Alaska's right to 90 percent of the royalties from oil, gas, and coal leasing on state land as provided by the Statehood Compact adopted by a vote of the people of Alaska on April 24, 1956. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 26(O&G) Urging the United States Congress to uphold Alaska's right to 90 percent of the royalties from oil, gas, and coal leasing on state land as provided by the Alaska Statehood Act, approved by the United States Congress on July 7, 1958, in which the Congress accepted, ratified, and confirmed the Constitution of the State of Alaska previously adopted by a vote of the people of Alaska on April 24, 1956. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (7): Brice, Williams, Finkelstein, G.Davis, Rokeberg, Ogan, B.Davis The following fiscal notes apply to CSHJR 26(O&G): Zero fiscal note, Dept. of Natural Resources, 2/16/95 Zero fiscal note, Dept. of Revenue, 2/16/95 1995-03-01 House Journal Page 0526 HJR 26 HJR 26 was referred to the Rules Committee for placement on the calendar. HB 141 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 141 "An Act relating to the appointment of members of the Board of Fisheries." and recommends it be replaced with: CS FOR HOUSE BILL NO. 141(FSH) (same title) The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (5): G.Davis, Austerman, Moses, Ogan, Elton The following fiscal note applies to CSHB 141(FSH): Zero fiscal note, Dept. of Fish & Game, 3/1/95 HB 141 was referred to the Resources Committee. HB 162 The House Special Committee on International Trade and Tourism has considered: HOUSE BILL NO. 162 "An Act related to the authority of certain beverage dispensary licensees to stock alcoholic beverages in guest rooms." The report was signed by Representative Masek, Chair, with the following individual recommendations: Do pass (4): Kott, Porter, James, Robinson No recommendation (2): Masek, Austerman 1995-03-01 House Journal Page 0527 HB 162 The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 3/1/95 HB 162 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dana Gibson By Representative Vezey Honoring - Roger McKinnon, Hockey King By Representative Brice Honoring - Barbara Beedle By Representative Kubina; Senator Lincoln Honoring - Foundation for Parents and Children, Carol H. Brice Family Center By Representative Brice Honoring - Larry Shoogukwruk By Representative Foster Honoring - Cathy McCorquodale, Nea-Alaska Teacher of the Year By Representative Brice Honoring - The Franklin Graham Crusade Team By Senator Leman Commemorating - Developmental Disabilities Awareness Month By Senator Ellis Honoring - Bethel Warriors NBC Alaska Basketball Team Members By Senator Hoffman 1995-03-01 House Journal Page 0528 Honoring - KYUK Television for Journalism Excellence By Senator Hoffman In Memoriam - Patricia Ann Means Rudolph By Representative Rokeberg In Memoriam - Earl Kiyutelluk Scott By Representative Foster In Memoriam - Warren K. Adloat By Representative Foster In Memoriam - Kenneth William Dewey, Jr. By Representative Foster In Memoriam - Elsie "Eeseeq" Okitkon By Representative Foster In Memoriam - Roy Peter Otton By Representative Foster In Memoriam - Gary Lee Leonard By Representative Foster In Memoriam - Maria Miller By Senator Zharoff In Memoriam - Donald F. Shantz By Senator Hoffman In Memoriam - Gabriel Aunick Asicksik By Senator Hoffman; and, In Commemoration of - The Resource Development Council for Alaska, Twentieth Anniversary By Representative Phillips, Brice which was taken up later as a Special Order of Business. 1995-03-01 House Journal Page 0529 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 33 HOUSE JOINT RESOLUTION NO. 33 by Representatives Masek, Toohey and James: Requesting the Congress to amend Title VIII of the Alaska National Interest Lands Conservation Act. was read the first time and referred to the Judiciary Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 16 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 16 by Representatives Brice and Foster, entitled: "An Act relating to forest management." was read the first time and referred to the State Affairs, Resources and Finance Committees. HB 210 HOUSE BILL NO. 210 by Representative Vezey, entitled: "An Act relating to issuance of motor vehicle registrations and titles, and to licenses and permits to operate a motor vehicle." was read the first time and referred to the Transportation and State Affairs Committees. HB 211 HOUSE BILL NO. 211 by Representative Bunde, entitled: "An Act relating to voter registration and to state election administration." was read the first time and referred to the State Affairs and Finance Committees. 1995-03-01 House Journal Page 0530 HB 212 HOUSE BILL NO. 212 by the House State Affairs Committee, entitled: "An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land." was read the first time and referred to the State Affairs, Resources and Finance Committees. HB 213 HOUSE BILL NO. 213 by Representative Vezey, entitled: "An Act relating to cooperative road maintenance agreements." was read the first time and referred to the Transportation Committee. HB 214 HOUSE BILL NO. 214 by Representative G.Davis, entitled: "An Act relating to the maintenance by health care providers of medical records in an electronic format." was read the first time and referred to the Health, Education & Social Services Committee. HB 215 HOUSE BILL NO. 215 by the House Health, Education & Social Services Committee by request, entitled: "An Act relating to suspension of a student from a public school." was read the first time and referred to the Health, Education & Social Services Committee. HB 216 HOUSE BILL NO. 216 by Representatives Kott and Brown, entitled: "An Act establishing the Alaska education technology program; and providing for an effective date." 1995-03-01 House Journal Page 0531 HB 216 was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 217 HOUSE BILL NO. 217 by Representative Ivan, entitled: "An Act relating to employment of teachers." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 218 HOUSE BILL NO. 218 by Representative James by request, entitled: "An Act relating to the payment of certain trucking operators." was read the first time and referred to the State Affairs, Transportation and Judiciary Committees. HB 219 HOUSE BILL NO. 219 by Representatives Mulder and Foster, entitled: "An Act authorizing special medical parole for terminally ill prisoners." was read the first time and referred to the Judiciary and Finance Committees. HB 220 HOUSE BILL NO. 220 by Representatives Kott, Therriault, Vezey and Toohey, entitled: "An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. 1995-03-01 House Journal Page 0532 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 42 The following was read the second time: HOUSE BILL NO. 42 "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting." with the: Journal Page STA RPT CS(STA) 4DP 2NR 126 FISCAL NOTE (GOV) 1/25/95 126 JUD RPT CS(STA) 4DP 2NR 1AM 296 FISCAL NOTE (GOV) 1/25/95 296 FIN RPT CS(STA) 9DP 1NR 480 FISCAL NOTE (GOV) 481 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 42 (STA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Davies and Martin: Page 2, line 5, after "waiving": Delete "my right to a secret ballot" Insert "a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible" 1995-03-01 House Journal Page 0533 HB 42 Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 42(STA) am be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. CSHB 42(STA) am was read the third time. The question being: "Shall CSHB 42(STA) am pass the House?" The roll was taken with the following result: CSHB 42(STA) am Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey Nays: Finkelstein, Kubina, Navarre, Nicholia, Ogan, Rokeberg, Williams, Willis Excused: Barnes And so, CSHB 42(STA) am passed the House. Representative Kubina gave notice of reconsideration of his vote on CSHB 42(STA) am. 1995-03-01 House Journal Page 0534 HB 102 The following was read the second time: HOUSE BILL NO. 102 "An Act extending the termination date of the Big Game Commercial Services Board." with the: Journal Page RES RPT 4DP 1DNP 2NR 267 FISCAL NOTE (DCED) 2/8/95 267 FIN RPT 9DP 2NR 363 FISCAL NOTE (DCED) 2/8/95 364 Representative Vezey moved and asked unanimous consent that HB 102 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 102 was read the third time. The question being: "Shall HB 102 pass the House?" The roll was taken with the following result: HB 102 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes And so, HB 102 passed the House and was referred to the Chief Clerk for engrossment. 1995-03-01 House Journal Page 0535 SECOND READING OF HOUSE RESOLUTIONS HJR 5 The following was read the second time: HOUSE JOINT RESOLUTION NO. 5 Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. with the: Journal Page STA RPT CS(STA) 5DP 1NR 224 FISCAL NOTE (GOV) 2/3/95 224 JUD RPT CS(JUD) 4DP 2NR 359 FISCAL NOTE (GOV) 2/3/95 360 FIN REFERRAL ADDED 392 FIN RPT CS(FIN) 4DP 1DNP 2NR 4AM 462 ZERO FISCAL NOTE (GOV) 2/3/95 462 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 5(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Brown and Martin: Page 2, lines 9-11: Delete all material. Insert "The tenure limit added by the 1996 amendment to Section 3 of Article II applies upon the convening of the first Regular session of the Twenty-Second Alaska State Legislature and thereafter. Regular sessions served in the legislature before the convening of the First Regular Session of the Twenty-Second Alaska State Legislature apply for purposes of calculating the tenure limit." 1995-03-01 House Journal Page 0536 HJR 5 Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. Representative Kubina placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHJR 5(FIN) Second Reading Amendment No. 1 YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, James, Kelly, Kubina, Mackie, MacLean, Martin, Masek, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Foster, Hanley, Ivan, Kohring, Kott, Moses, Mulder, Ogan, Phillips, Porter, Vezey Excused: Barnes And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Navarre: Page 2, lines 9-11: Delete all material. Insert "Notwithstanding the tenure limit added by the 1996 amendment to Section 3 of Article II, a person in the legislature on the effective date of the amendment may complete the term 1995-03-01 House Journal Page 0537 HJR 5 being served and a person who has been elected to the legislature before the effective date of the amendment may assume the office and complete the term to which elected. Otherwise, periods served in the legislature before the effective date of the 1996 amendment to Section 3 of Article II are included in calculating the application of the tenure limit." Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHJR 5(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Brice, B.Davis, G.Davis, Elton, Finkelstein, Grussendorf, Hanley, Kubina, Mackie, Martin, Mulder, Navarre, Robinson, Sanders, Willis Nays: Austerman, Brown, Bunde, Davies, Foster, Green, Ivan, James, Kelly, Kohring, Kott, MacLean, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: Barnes And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Kelly: Page 1, line 9: Delete "twelve" Insert "sixteen" 1995-03-01 House Journal Page 0538 HJR 5 Page 1, line 13, after "served.": Insert "In addition, a person may not serve consecutively during more than eight regular sessions in the same house. Thereafter, the person may not again serve in that house as a result of election or appointment to fill a vacancy until at least two consecutive full regular sessions have elapsed during which the person has not served in that house." Page 2, lines 6 - 8: Delete all material. Representative Kelly moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHJR 5(FIN) am Second Reading Amendment No. 3 YEAS: 10 NAYS: 29 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Foster, Grussendorf, Ivan, Kelly, Kott, MacLean, Mulder, Rokeberg, Sanders Nays: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Hanley, James, Kohring, Kubina, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes And so, Amendment No. 3 was not adopted. 1995-03-01 House Journal Page 0539 HJR 5 Amendment No. 4 was offered by Representative Navarre: Page 1, line 7, after "of": Delete "representatives shall be two years, and the term of senators," Insert "legislators shall be" Page 1, line 8, after "one-half of": Delete "the senators" Insert "each house of the legislature" Representative Navarre moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. Representative Navarre moved and asked unanimous consent to withdraw Amendment No. 4. Representative Mackie objected and withdrew the objection. There being no further objection, Amendment No. 4 was withdrawn. Representative Vezey moved and asked unanimous consent that CSHJR 5(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected and withdrew the objection. Representative MacLean objected. The question being: "Shall CSHJR 5(FIN) am be advanced to third reading on the same day?" The roll was taken with the following result: 1995-03-01 House Journal Page 0540 HJR 5 CSHJR 5(FIN) am Second Reading Advance to Third Reading YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brown, Bunde, G.Davis, Finkelstein, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Davies, B.Davis, Elton, Foster, Ivan, MacLean, Navarre Excused: Barnes Brown changed from "Nay" to "Yea". And so, the motion passed. CSHJR 5(FIN) am was read the third time. The question being: "Shall CSHJR 5(FIN) am pass the House?" The roll was taken with the following result: CSHJR 5(FIN) am Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brown, Bunde, G.Davis, Finkelstein, Green, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, MacLean, Nicholia 1995-03-01 House Journal Page 0541 HJR 5 Excused: Barnes And so, CSHJR 5(FIN) am passed the House. Representative Bunde gave notice of reconsideration of his vote on CSHJR 5(FIN) am. Representative Kubina placed a call of the House. HCR 11 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 11 Designating March 1995 as Sobriety Awareness Month, commonly referred to as "SAM." with the: Journal Page STA RPT 5DP 519 2 ZERO FISCAL NOTES (LAW, DHSS) 519 The call was satisfied. The question being: "Shall HCR 11 pass the House?" The roll was taken with the following result: HCR 11 Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1995-03-01 House Journal Page 0542 HCR 11 Excused: Barnes And so, HCR 11 passed the House and was referred to the Chief Clerk for engrossment. Representative Vezey moved and asked unanimous consent that the House revert to Messages from the Senate. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 1, 1995, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 47 SENATE BILL NO. 47(efd fld) by Senator Kelly, entitled: "An Act relating to the extent to which the Alaska Public Utilities Commission may exercise its powers when regulating utilities; establishing a regulatory cost charge on public utilities and pipeline carriers; relating to the allocation of costs in hearings before the Alaska Public Utilities Commission; relating to the method by which utilities are exempted from and made subject to regulation by the Alaska Public Utilities Commission; relating to the monetary threshold for regulation of certain kinds of utilities by the Alaska Public Utilities Commission; extending the Alaska Public Utilities Commission; relating to staggered terms for members of the Alaska Public Utilities Commission." was read the first time and referred to the Finance Committee. 1995-03-01 House Journal Page 0543 CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF SENATE RESOLUTIONS SCR 8 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. Amendment No. 1 was offered by Representative Moses: Page 1, line 1 (title amendment): Delete "in part" Page 1, line 11, after "are", through page 2, line 6: Delete all material. Insert "approved." Representative Moses moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Brown objected and withdrew the objection. There being no further objection, it was so ordered and the new title appears below: Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. The question being: "Shall CSSCR 8(RLS) am H pass the House?" The roll was taken with the following result: CSSCR 8(RLS) am H Second Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 1995-03-01 House Journal Page 0544 SCR 8 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Hanley, Ivan, James, Kelly, Kohring, Mackie, MacLean, Martin, Masek, Moses, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Foster, Grussendorf, Kott, Kubina, Mulder, Ogan, Vezey Excused: Barnes Martin changed from "Nay" to "Yea". Nicholia changed from "Nay" to "Yea". And so, CSSCR 8(RLS) am H passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey 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 - Bill Reeder, Soldotna Chamber of Commerce 1994 Person of the Year By Representatives G.Davis, Phillips, Navarre, B. Davis, Foster, James, Kubina, Mackie, MacLean, Mulder, Navarre, Rokeberg, Sanders, Toohey, Willis; Senators Torgerson, Salo Honoring - Sue Carter for Outstanding Community Service By Representatives Phillips, B. Davis, G. Davis, Foster, James, Kelly, Kubina, Mackie, Mulder, Navarre, Parnell, Rokeberg, Sanders, Toohey, Willis Honoring - Sergeant Christopher S. Jensen, NCO of the Year By Representatives Vezey, Phillips, Brice, B. Davis, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Navarre, Parnell, Porter, Rokeberg, Sanders, Willis 1995-03-01 House Journal Page 0545 Honoring - Specialist James F. Shiver, Soldier of the Year, Fort Wainwright and the U.S. Army Alaska By Representatives Vezey, Phillips, Brice, B. Davis, Foster, Green, Ivan, James, Kohring, Kott, Kubina, Mackie, MacLean, Mulder, Navarre, Porter, Rokeberg, Sanders, Willis Honoring - The Soldiers of the U.S. Army Alaska for Rescue Efforts During the 1994 Koyukuk River Flood By Representatives Vezey, Phillips, Brice, Davies, B. Davis, G. Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Masek, Mulder, Navarre, Parnell, Porter, Rokeberg, Sanders, Willis Honoring - Professor Neal Brown, University of Alaska Fairbanks By Representatives Davies, Brice, B. Davis, Elton, Foster, James, Kubina, Mackie, Navarre, Sanders, Vezey, Willis Honoring - Klawock Chieftains Girls Basketball Team 1995 Southeast Region V "A" Tournament Champs By Representatives Mackie, B. Davis, G. Davis, Elton, Foster, Green, Grussendorf, James, Kubina, Mackie, MacLean, Navarre, Parnell, Robinson, Sanders, Vezey, Williams, Willis Honoring - Howard Hosken Upon His Retirement By Representatives Mulder, Bunde, B. Davis, Foster, James, Kubina, Mackie, MacLean, Parnell, Porter, Rokeberg, Sanders, Willis Honoring - Kodiak Area Special Olympics By Senator Zharoff; Representatives Austerman, Phillips, Brown, B. Davis, Foster, James, Kubina, Mackie, MacLean, Navarre, Parnell, Sanders, Vezey, Williams, Willis Honoring - Jim and Millie Tapscott 1995 Fur Rendezvous King and Queen Regents By Senator Green, Representatives Phillips, B. Davis, Foster, Hanley, James, Kohring, Kubina, Mackie, Mulder, Navarre, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Richard A. Cooley By Representatives Finkelstein, B. Davis, Foster, James, Kott, Kubina, Mackie, MacLean, Sanders, Willis 1995-03-01 House Journal Page 0546 In Memoriam - Louise Huelle By Representatives Vezey, Brice, Davies, B. Davis, Foster, James, Kelly, Kott, Kubina, Mackie, MacLean, Rokeberg, Sanders, Willis; Senator Sharp In Memoriam - Lloyd Pike By Representatives Vezey, Brice, B. Davis, B. Davis, Foster, James, Kott, Mackie, Rokeberg, Sanders, Willis; Senator Sharp In Memoriam - Margaret M. Zaverl By Representatives Foster, Brice, B. Davis, B. Davis, Ivan, James, Kelly, Kott, Mackie, Mulder, Rokeberg, Sanders, Vezey, Willis UNFINISHED BUSINESS HJR 1 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. HJR 1 is in the Judiciary Committee. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Kubina - from 6:30 p.m., plane time, March 3 to 8:48 p.m., plane time, March 5, 1995 Representative Williams - from 2:20 p.m., plane time, March 3 to 1:40 p.m., plane time, March 6, 1995 Representative Masek - from 8:48 p.m., plane time, March 13 to 8:48 p.m., plane time, March 14, 1995 Representative Brown - from 8:10 p.m., plane time, March 10 to 8:48 p.m., March 13, 1995 1995-03-01 House Journal Page 0547 Representative Phillips - from 6:30 a.m., March 11 to 8:48 p.m., plane time, March 13, 1995 Representative Navarre - from 6:30 a.m., March 3 to 8:48 p.m., plane time, March 5, 1995 There being no objection, it was so ordered. RECONSIDERATION HB 19 Representative Navarre brought up reconsideration of the vote on HB 19 (page 505). The following was again before the House in third reading: HOUSE BILL NO. 19 "An Act relating to the definition of 'fault' as that term is used for the purposes of determining the liabilities of parties in civil actions, setting limitations on civil liability, and authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions." Title Amendment No. 1 was offered by Representatives Navarre and Therriault: Page 1, lines 1-4: Delete all material. Insert ""An Act amending the definition of `fault' as that term is used for the purposes of determining the liabilities of parties in civil actions; amending the definition of `fault' as it relates to setting limitations on civil liability; and amending the definition of `fault' as it relates to authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions."" Representative Navarre moved and asked unanimous consent that Title Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: 1995-03-01 House Journal Page 0548 HB 19 "An Act amending the definition of `fault' as that term is used for the purposes of determining the liabilities of parties in civil actions; amending the definition of `fault' as it relates to setting limitations on civil liability; and amending the definition of `fault' as it relates to authorizing the award, in conformance with applicable court rule, of attorney fees in civil actions." The question to be reconsidered: "Shall HB 19(title am) pass the House?" The roll was taken with the following result: HB 19(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 0 EXCUSED: 1 ABSENT: 13 Yeas: Austerman, Brown, G.Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Vezey, Williams, Willis Excused: Barnes Absent: Brice, Bunde, Davies, B.Davis, Finkelstein, Foster, Kott, Kubina, MacLean, Moses, Ogan, Sanders, Toohey And so, HB 19(title am) passed the House. Representative Vezey moved and asked unanimous consent that the House adopt the Judiciary Committee Letter of Intent (page 266). There being no objection, it was so ordered. HB 19(title am) was referred to the Chief Clerk for engrossment. 1995-03-01 House Journal Page 0549 UNFINISHED BUSINESS HJR 5 Representative Vezey moved and asked unanimous consent that the reconsideration of the following (page 541) be held until March 6, 1995: CS FOR HOUSE JOINT RESOLUTION NO. 5(FIN) am Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. There being no objection, it was so ordered. SPECIAL ORDER OF BUSINESS Representative Vezey moved and asked unanimous consent that the following citation be taken up as a Special Order at this time: In Commemoration of - The Resource Development Council for Alaska, Twentieth Anniversary By Representatives Phillips, Brice, Austerman, Brown, G. Davis, Foster, Grussendorf, Hanley, James, Kubina, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Rokeberg, Sanders, Toohey, Willis There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. UNFINISHED BUSINESS HCR 11 Representatives Toohey and James added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 11 Designating March 1995 as Sobriety Awareness Month, commonly referred to as "SAM." 1995-03-01 House Journal Page 0550 HJR 32 Representative Robinson added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 32 Supporting the Alaska Humanities Forum and the National Endowment for the Humanities; endorsing federal legislation reauthorizing and funding the National Endowment for the Humanities; requesting the United States Congress to fund the National Endowment for the Humanities at a fair and reasonable level; and urging the President of the United States to support legislation reauthorizing and funding at a fair and reasonable level the National Endowment for the Humanities. HB 30 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 30 "An Act relating to a dress code for public schools." HB 154 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 154 "An Act requiring the Department of Law to provide guidelines regarding unconstitutional state and municipal takings of private real property; relating to the taxation of private real property taken unconstitutionally by state or municipal action; establishing a time limit for bringing an action for an unconstitutional state or municipal taking of private real property; and providing for an effective date." HB 184 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 184 "An Act relating to the membership of the Alcoholic Beverage Control Board." 1995-03-01 House Journal Page 0551 HB 209 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 209 "An Act relating to the authority of the commissioner of natural resources to allow reductions of royalty on oil and gas leases; and providing for an effective date." SJR 6 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SENATE JOINT RESOLUTION NO. 6(RES) Relating to federally held property in those states, including Alaska, admitted to the Union since 1802. ENGROSSMENT HCR 11 HCR 11 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 19 HB 19(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate with a Judiciary Committee Letter of Intent for consideration. HB 102 HB 102 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SCR 8 CSSCR 8(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-03-01 House Journal Page 0552 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Judiciary Committee Capitol 120 after session, 3/1 Transportation Committee Capitol 17 1:20 p.m., 3/1 Majority Caucus Speaker's Chamber 6:00 p.m., 3/7 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 3, 1995. There being no objection, the House adjourned at 1:01 p.m. Suzi Lowell Chief Clerk