Legislature(1995 - 1996)

1995-03-06 House Journal

Full Journal pdf

1995-03-06                     House Journal                      Page 0585
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday              March 6, 1995         
                                                                               
                                                                               
                                 Fiftieth Day                                
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:25 a.m.                                                         
                                                                               
Roll call showed 36 members present.  Representatives Davies and               
Williams had been previously excused from a call of the House today.           
Representatives Finkelstein and Navarre were absent.                           
                                                                               
The invocation was offered by the Chaplain, Reverend Wayne Coggins             
of the Anchorage Cornerstone Family Ministries.  Representative Kott           
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"O Lord, fifty days ago these Representatives of the people of                
the state of Alaska gathered together in this room to be about                 
the business of considering laws and policies that would best                  
serve the people and future of Alaska.  Daily we have asked                    
You for wisdom and ability to do right by the people we                        
represent and the generations to come.  And, again on this day                 
we ask for wisdom and skill to serve the people of Alaska.                     
We ask expectantly and gratefully because You are a God                        
who does answer sincere prayers.                                               
                                                                               
We especially ask You today, Lord, to help us remember that                   
the numbers and statistics which fill the reams of paper that                  
pass before us, are not just ink on paper...but they represent                 
people.  People with names and faces.  People with families.                   
People with needs, fears, hopes and dreams.  Remind us also                    
Lord of what You taught us, that true greatness in Your sight                  
is not measured by power or influence, but by the ability to                   
love and serve others with sincere humility.  Amen."                           
                                                                               
                                       1                                       

1995-03-06                     House Journal                      Page 0586
The Pledge of Allegiance was led by Representative Willis.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 47th, 48th and 49th legislative days be approved as            
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
A letter dated March 3, 1995, was read stating that, in accordance with        
AS 39.05.080 and Article III, Sections 25 and 26, of the Alaska                
Constitution, the Governor submits the following names for legislative         
confirmation to the positions noted.                                           
                                                                               
The Speaker referred the following to the Health, Education & Social           
Services Committee:                                                            
                                                                               
Dept. of Education                                                            
Commissioner designee Shirley J. Holloway, Ph.D.                             
                                                                               
The Speaker referred the following to the Labor & Commerce                     
Committee:                                                                     
                                                                               
                                                                               
Board of Certified Real Estate Appraisers                                     
		Paige Hodson - Anchorage                                                     
		Appointed:  03/01/95  Expires:  06/30/98                                     
                                                                               
                                                                               
Resumes for the appointments are on file in the Chief Clerk's office.          
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 11                                                                       
A message dated March 3, 1995, was read stating the Senate has                 
passed:                                                                        
                                                                               

1995-03-06                     House Journal                      Page 0587
HCR 11                                                                       
HOUSE CONCURRENT RESOLUTION NO. 11                                            
Designating March 1995 as Sobriety Awareness Month, commonly                  
referred to as "SAM."                                                          
                                                                              
HCR 11 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
Letters of disclosure were received in accordance with AS 24.60, and           
appear in House Journal Supplement No. 4.                                      
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 79                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 79                                                             
"An Act allowing the Department of Natural Resources to                       
quitclaim land or interests in land, including submerged or shore              
land, to a municipality to correct errors or omissions of the                  
municipality when inequitable detriment would result to a person               
due to that person's reliance upon the errors or omissions of the              
municipality."                                                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 79(FIN)                                                 
(same title)                                                                  
                                                                               
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Parnell, Grussendorf, Kohring, Kelly, Foster                     
                                                                               
No recommendation (5):  Martin, Brown, Therriault, Mulder, Hanley              
                                                                               

1995-03-06                     House Journal                      Page 0588
HB 79                                                                        
The following fiscal notes apply to CSHB 79(FIN):                              
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 2/3/95                
Zero fiscal note, Dept. of Natural Resources, 2/3/95                           
                                                                               
HB 79 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 124                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 124                                                            
"An Act extending the termination date of the Board of Nursing                
Home Administrators; and providing for an effective date."                     
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 124(HES)                                                
"An Act transferring the regulation of nursing home administrators            
to the Department of Commerce and Economic Development;                        
abolishing the Board of Nursing Home Administrators; and                       
providing for an effective date."                                              
                                                                               
The report was signed by Representative Rokeberg, Vice Chair, with             
the following individual recommendations:                                      
                                                                               
Do pass (4):  Rokeberg, Toohey, Robinson, Brice                                
                                                                               
Do not pass (1):  Vezey                                                        
                                                                               
The committee recommends a referral to the Finance Committee.                  
                                                                               
The following fiscal note applies to CSHB 124(HES):                            
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 3/6/95                  
                                                                               
The Speaker added a referral to the Finance Committee; and so, HB
124 was referred to the Finance Committee.                                     
                                                                               

1995-03-06                     House Journal                      Page 0589
HB 137                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 137                                                            
"An Act making supplemental appropriations for operating                      
expenses of state government for fiscal year 1995; and providing               
for an effective date."                                                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 137(FIN)                                                
"An Act making supplemental appropriations for the expenses of                
state government; amending operating appropriations; making an                 
appropriation to the disaster relief fund; and providing for an                
effective date."                                                               
                                                                               
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Hanley, Kelly, Kohring, Martin, Foster                           
                                                                               
No recommendation (2):  Mulder, Parnell                                        
                                                                               
Amend (3):  Grussendorf, Navarre, Brown                                        
                                                                               
HB 137 is on today's calendar.                                                 
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Representative Walt Furnace                                         
By Representatives Barnes, Foster; Senator Kelly                               
                                                                               
In Appreciation - Sponsors of the North Pacific Marine Science                 
Foundation                                                                     
By Representative Phillips                                                     
                                                                               

1995-03-06                     House Journal                      Page 0590
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 232                                                                       
HOUSE BILL NO. 232 by Representative Kott, entitled:                           
                                                                               
"An Act establishing an economic development tax credit; and                  
providing for an effective date."                                              
                                                                               
was read the first time and referred to the House Special Committee            
on Economic Development and the State Affairs, Labor & Commerce                
and Finance Committees.                                                        
                                                                               
                                                                               
HB 233                                                                       
HOUSE BILL NO. 233 by the House Labor & Commerce Committee,                    
entitled:                                                                      
                                                                               
"An Act extending until 1999 the termination date of the Board of             
Clinical Social Work Examiners, Board of Marital and Family                    
Therapy, State Medical Board, Board of Nursing, Board of                       
Nursing Home Administrators, Board of Psychologist and                         
Psychological Associate Examiners, Real Estate Commission, and                 
Hazardous Substance Spill Technology Review Council; extending                 
until 1996 the termination date of the Board of Marine Pilots and              
the Correctional Industries Commission; and providing for an                   
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                                                                               
HB 234                                                                       
HOUSE BILL NO. 234 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to administrative adjudication under the                     
Administrative Procedure Act."                                                 
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               

1995-03-06                     House Journal                      Page 0591
HB 234                                                                       
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Administration, 3/6/95                              
Zero fiscal notes (4), Dept. of Commerce & Economic Development,               
3/6/95                                                                         
Zero fiscal note, Dept. of Environmental Conservation, 3/6/95                  
Zero fiscal notes (2), Dept. of Education, 3/6/95                              
Zero fiscal note, Dept. of Fish & Game, 3/6/95                                 
Zero fiscal note, Dept. of Health & Social Services, 3/6/95                    
Zero fiscal note, Dept. of Labor, 3/6/95                                       
Zero fiscal note, Dept. of Law, 3/6/95                                         
Zero fiscal note, Dept. of Public Safety, 3/6/95                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 3/6/95          
                                                                               
                                                                               
The Governor's transmittal letter, dated March 6, 1995, appears below:         
                                                                               
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to administrative adjudication under the          
Administrative Procedure Act (APA).                                            
                                                                               
This bill would make changes to the APA in order to streamline, and            
cut costs of, administrative adjudication.  Technical amendments to the        
affected sections are also made in the bill for clarification and              
simplification.  The changes made in this bill will assist in reducing         
costs and providing more clarity to participants in administrative             
adjudications.                                                                 
                                                                               
                                                                               
Sections 1, 2, and 9 of the bill allow the use of certified, rather than       
registered mail.  The latter is more expensive and provides no better          
notice than the former.  Registered mail costs $2 more than certified,         
and is metal-tagged to allow for easier tracing if it is lost in transit; it   
is more appropriately used when the actual contents of the mail are            
valuable or irreplaceable.  Section 1 of the bill also provides for            
service of a statement of issues by mailing to the last address provided       
by the applicant.                                                              
                                                                               

1995-03-06                     House Journal                      Page 0592
HB 234                                                                       
Under existing AS44.62.410(a), the place of a hearing is determined            
by the senate districts as they existed in 1959 (i.e., Southeastern Senate     
District).  In a note following that statute, the revisor of statutes has      
noted that those old senate districts are somewhat similar to the              
boundaries of judicial districts established under AS 22.10.010.               
Section 3 of the bill amends AS44.62.410(a) to change the                      
terminology to instead refer to the comparable judicial district.              
                                                                               
                                                                               
Section 4 of the bill provides for routine telephonic participation in         
hearings.  Current law gives any party veto power over telephonic              
hearings.  In this electronic age, telephonic participation should be          
routinely allowed absent some due process reason compelling personal           
attendance.  This change will allow substantial savings to the state and       
respondents.                                                                   
                                                                               
                                                                               
In sec. 5 of the bill, reimbursement for witness subsistence expenses          
is raised from $15 a day, set in 1959, to the compensation amount paid         
to state employees.  The new rate was chosen because court rules for           
witness travel compensation require compensation at "the rate allowed          
state employees."  In sec. 5, the source of that rate is identified.           
Sections 5 and 6 of the bill contain technical changes to make other           
witness fee provisions of AS44.62.430 more understandable.                     
                                                                               
                                                                               
Section 7 of the bill provides express authorization for discovery.            
Presently, the APA provides a limited and cumbersome process for               
taking depositions, and no other discovery is authorized.                      
                                                                               
Section 8 of the bill provides an express statement of the burden and          
standard of proof.  A consistent standard is needed because hearing            
officers are now assigning varying standards of proof: either the              
"preponderance of the evidence" standard or the "clear and convincing          
evidence" standard.  The "preponderance of the evidence" standard is           
the most appropriate.  In  Amerada Hess Pipeline v. Alaska Public             
Utilities Commission, 711 P.2d 1170, 1179 n.14 (Alaska 1986), the             
Alaska Supreme Court held that "[a] party in an administrative                 
proceeding can assume that preponderance of the evidence is the                
standard of proof unless otherwise stated."                                    
                                                                               

1995-03-06                     House Journal                      Page 0593
HB 234                                                                       
The "clear and convincing" standard of proof is rarely used by the             
Alaska courts.  At common law, this higher standard was used in cases          
involving fraud; oral contracts to make a will; specific performance on        
an oral contract; and proceedings to modify written transactions.              
However, Alaska has departed from the common law so that no more               
than a preponderance of the evidence is necessary to establish fraud.          
Dairy Queen v. Travelers Indemnity, 748 P.2d 1169 (Alaska 1988);             
Gabaig v. Gabaig, 717 P.2d 835, 839 n. 4 (Alaska 1986); Saxton v.           
Harris, 395 P.2d 71, 72 (Alaska 1964).  In Cavanah v. Martin, 590           
P.2d 41 (Alaska 1979), the court reversed a lower court decision that          
required clear and convincing proof of a claim against an estate,              
holding that such claims need only be proved by a preponderance of             
the evidence.                                                                  
                                                                               
                                                                               
A judicial determination to waive children's court jurisdiction over a         
juvenile, and to subject the juvenile to adult criminal court jurisdiction,    
is based on a preponderance of the evidence standard of proof.                 
W.M.F. v. State, 723 P.2d 1298 (Alaska 1986).  In Avery v. State, the      
court held that the use of a preponderance standard was appropriate in         
a parole revocation hearing.  616 P.2d 872, 874 (Alaska 1980).  In             
order to adjudicate a child as a child in need of aid (which generally         
results in state custody over the child for a period of years), the            
preponderance standard applies.  Children's Rule 15(c).  The clear and         
convincing standard does not apply unless the court is also terminating        
parental rights.  Id.                                                        
                                                                               
                                                                               
The Alaska Supreme Court has held that the use of the preponderance            
standard, rather than the clear and convincing standard was proper in          
attorney discipline cases.  In re Walton, 676 P.2d 1078, 1085 n. 11          
(Alaska 1983); In re Robson, 575 P.2d 771 (Alaska 1978); cf. In re        
Hanson, 532 P.2d 303 (Alaska 1975) ("clear and convincing" standard           
applied to judicial discipline case).                                          
                                                                               
                                                                               
Section 10 of the bill clarifies the time period for requesting                
reconsideration of an agency decision.  Some respondents (including            
those represented by attorneys) have viewed AS44.62.540(a) as                  
allowing a full 30 days to file a petition for reconsideration, giving no      
                                                                               

1995-03-06                     House Journal                      Page 0594
HB 234                                                                       
time for the agency to review the petition and determine whether to            
order reconsideration.  The amended language will clearly inform a             
respondent of the limited time in which he or she may file a petition          
for reconsideration.  The amended language was taken from                      
comparable court rules.  See Civil Rule 77(k) and App. Rule 506(b).          
                                                                               
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"                                                             
                                                                               
                                                                               
HB 235                                                                       
HOUSE BILL NO. 235 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the payment of Aid to Families with                       
Dependent Children in the case of pregnant minors and minors                   
who are parents; authorizing special projects within the program               
of Aid to Families with Dependent Children to create                           
self-sufficiency and training opportunities; authorizing the                   
Department of Health and Social Services to seek waivers from the              
federal government necessary to implement the special projects;                
affecting disbursement of child support payments under certain                 
circumstances for purposes of one of the special projects; and                 
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (11), Dept. of Health & Social Services, 3/6/95                   
Zero fiscal note, Dept. of Commerce & Economic Development, 3/6/95             
Zero fiscal note, Dept. of Community & Regional Affairs, 3/6/95                
Zero fiscal note, Dept. of Revenue, 3/6/95                                     
                                                                               

1995-03-06                     House Journal                      Page 0595
HB 235                                                                       
The Governor's transmittal letter, dated March 6, 1995, appears below:         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that requires the Department of Health and Social          
Services (department) to operate four demonstration projects designed          
to reshape the state's Aid to Families with Dependent Children                 
(AFDC) public assistance program to enable Alaska's families with              
dependent children to move from dependency to economic self-                   
sufficiency.  The bill directs the department to seek waivers and              
approval from the federal government necessary to implement the                
demonstration projects.  This bill also authorizes the department to           
make changes, by regulation, to the AFDC public assistance program             
that are consistent with the demonstration projects if federal law is          
revised so that waivers are not required.  The bill additionally makes         
a change generally to the AFDC program to require unmarried minor              
parents to live with their parent, guardian, or other adult as a condition     
of eligibility.  Certain exemptions from this requirement are provided         
in the bill.                                                                   
                                                                               
The four demonstration projects proposed by the bill are:  1) a                
diversion project that will provide an alternative to long-term AFDC           
benefits for families that require only a brief period of assistance; 2)       
a community work pilot project in which an urban area grantee and a            
rural grantee each will administer the project on a local basis to             
provide job training and community-based alternatives to families; 3)          
an unemployed parent project that will establish a family contract             
designed to establish family self-sufficiency within three years; and 4)       
a self-employment project that will allow recipients of assistance with        
an approved business plan to accumulate assets for a microenterprise           
while establishing a business.  All of these projects place the focus of       
the AFDC program on preparing dependent families for jobs and self-            
sufficiency.                                                                   
                                                                               
Section 3 sets out the short title of the jobs portion of the bill as "The     
Jobs for Families with Dependent Children Act."  Sections 4 and 5 of           
the bill set out the purpose of the bill and establish the findings that       
guide the reshaping of the AFDC program to provide jobs for                    
dependent families.                                                            
                                                                               

1995-03-06                     House Journal                      Page 0596
HB 235                                                                       
Section 6 of the bill requires the department to establish the                 
demonstration projects proposed in the bill by requesting waivers from         
the federal government.  It also outlines alternatives if changes in           
federal law make waivers unnecessary or if the projects would no               
longer be cost effective.                                                      
                                                                               
                                                                               
Section 7 of the bill outlines a diversion program in which certain job-       
ready AFDC applicants may be diverted from long-term dependency                
by means of a lump-sum cash payment and related services aimed at              
promptly establishing self-sufficiency.  By meeting immediate needs            
and by providing immediate referrals to resources, this project is             
intended to provide a safety net for families that might have become           
dependent upon AFDC.                                                           
                                                                               
                                                                               
Section 8 of the bill outlines community work pilot projects that would        
operate in at least two areas of the state, in which grants may be             
provided to community organizations to design a set of services and            
activities to meet job training and community service needs.  In this          
program, it is expected that by placing project control in the hands of        
local organizations, the individual's and the community's needs can be         
better met.                                                                    
                                                                               
                                                                               
Section 9 of the bill outlines an unemployed parent project in which           
two-parent families that receive AFDC would be expected to develop             
a family plan to establish self-sufficiency within three years after           
entering the project.  Each participating family would sign a contract         
that sets out the benchmarks of the plan and the services and referrals        
that would be designed to achieve the plan.                                    
                                                                               
Section 10 of the bill establishes a self-employment project in which          
AFDC recipients with approved business plans may accumulate                    
business assets and deduct business expenses from income while                 
working to establish a microenterprise.  This project is very similar to       
the one proposed in HB 14.                                                     
                                                                               
The bill also provides regulation-adoption authority so that the               
department can set detailed program guidelines in regulations.                 
                                                                               

1995-03-06                     House Journal                      Page 0597
HB 235                                                                       
The bill provides an immediate effective date for sec. 6 of the bill, so       
that the department can begin the process of designing and securing            
federal approval for the demonstration projects.  The specific projects        
will take effect as the department receives federal demonstration              
project authority or makes a determination that waivers are no longer          
necessary because of changes in federal law.  The bill contains a              
July1, 2001 repeal date for the demonstration projects.                        
                                                                               
                                                                               
Sections 1, 2, 13, and 15 of the bill contain the provisions that allow        
the department to immediately implement the new AFDC eligibility               
requirement for unmarried minor parents.                                       
                                                                               
                                                                               
The demonstration projects proposed in this bill will enable the state         
to reshape its AFDC public assistance program to provide jobs for              
dependent families.  I urge your support of this bill.                         
                                                                               
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"                                                             
                                                                               
                                                                               
HB 236                                                                       
HOUSE BILL NO. 236 by the House Finance Committee, entitled:                   
                                                                               
                                                                               
"An Act relating to reductions in compensation for state officers             
and employees; and providing for an effective date."                           
                                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
                                                                               
HB 237                                                                       
HOUSE BILL NO. 237 by Representatives Mulder by Request of the                 
Ad Hoc Committee on Workers' Compensation, and Porter, entitled:               

1995-03-06                     House Journal                      Page 0598
HB 237                                                                       
"An Act relating to workers' compensation insurance rate filings;             
to second independent medical evaluations for workers'                         
compensation claims; to immunity for third-party design                        
professionals from civil actions by recipients of workers'                     
compensation benefits; to workers' compensation death benefits;                
to computation of workers' compensation benefits; to penalties for             
fraudulent acts related to workers' compensation; to immunity for              
employer workplace safety inspections related to workers'                      
compensation insurance; and providing for an effective date."                  
                                                                               
was read the first time and referred to the Labor & Commerce and               
Judiciary Committees.                                                          
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 4                                                                         
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 4                                                              
"An Act relating to absences from the state for purposes of                   
determining residency under the permanent fund dividend                        
program; and providing for an effective date."                                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT   6DP  1NR                                                190         
	ZERO FISCAL NOTE (REV) 2/1/95                                     190         
	CORRECTED STA RPT CS(STA) 7DP                                     293         
	ZERO FISCAL NOTE (REV) 2/1/95                                     293         
	JUD RPT  CS(STA) 7DP                                              331         
	FISCAL NOTE (REV) 2/1/95                                          331         
	FIN RPT  CS(STA) 9DP 1NR                                          439         
	ZERO FISCAL NOTE (REV) 2/1/95                                     439         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1995-03-06                     House Journal                      Page 0599
HB 4                                                                         
CS FOR HOUSE BILL NO. 4(STA)                                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
A Title Amendment was offered by Representative Kott:                          
                                                                               
Page 1, lines 1-2:                                                             
	Delete all material.                                                          
	Insert ""An Act allowing, for the purposes of permanent fund                 
dividend eligibility, an individual to accompany, as the spouse or             
minor or disabled dependent, another eligible resident who is                  
absent for vocational, professional, or other specific education for           
which a comparable program is not reasonably available in the                  
state, for secondary or postsecondary education, for military                  
service, for medical treatment, for service in the Congress or in the          
Peace Corps, or for other reasons that the commissioner of revenue             
may establish by regulation; requiring, for the purposes of                    
permanent fund dividend eligibility, an individual who is not                  
physically present in the state to maintain and demonstrate at all             
times an intent to return to the state to remain permanently;                  
relating to the eligibility for 1992, 1993, and 1994 permanent fund            
dividends of certain spouses and dependents of eligible applicants;            
relating to appeal periods for certain 1994 permanent fund                     
dividends; and providing for an effective date.""                             
                                                                               
Representative Kott moved and asked unanimous consent that the title           
amendment be adopted.                                                          
                                                                               
Representative Kubina objected and withdrew the objection.  There              
being no further objection, the title amendment was adopted, and the           
new title appears below:                                                       
                                                                               
CS FOR HOUSE BILL NO. 4(STA)(title am)                                        
"An Act allowing, for the purposes of permanent fund dividend                 
eligibility, an individual to accompany, as the spouse or minor or             
disabled dependent, another eligible resident who is absent for                
vocational, professional, or other specific education for which a              
comparable program is not reasonably available in the state, for               
secondary or postsecondary education, for military service, for                
medical treatment, for service in the Congress or in Peace Corps,              

1995-03-06                     House Journal                      Page 0600
HB 4                                                                         
or for other reasons that the commissioner of revenue may                     
establish by regulation; requiring, for the purposes of permanent              
fund dividend eligibility, an individual who is not physically                 
present in the state to maintain and demonstrate at all times an               
intent to return to the state to remain permanently; relating to the           
eligibility for 1992, 1993, and 1994 permanent fund dividends of               
certain spouses and dependents of eligible applicants; relating to             
appeal periods for certain 1994 permanent fund dividends; and                  
providing for an effective date."                                              
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB
4(STA)(title am) be considered engrossed, advanced to third reading            
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 4(STA)(title am) was read the third time.                                 
                                                                               
**The presence of Representatives Finkelstein and Navarre was noted.           
                                                                               
The question being:  "Shall CSHB 4(STA)(title am) pass the House?"             
The roll was taken with the following result:                                  
                                                                               
CSHB 4(STA)(title am)                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, 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, Willis                 
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, CSHB 4(STA)(title am) passed the House.                                
                                                                               
Representative Vezey 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.           

1995-03-06                     House Journal                      Page 0601
HB 4                                                                         
CSHB 4(STA)(title am) was referred to the Chief Clerk for                      
engrossment.                                                                   
                                                                               
                                                                               
HB 120                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 120                                                            
"An Act relating to public employers defending and indemnifying               
public employees and former public employees with respect to                   
claims arising out of conduct that is within the scope of                      
employment."                                                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  7DP                                                      299         
	2 ZERO FISCAL NOTES (2-ADMIN) 2/10/95                             299         
	FIN RPT  CS(FIN) 8DP 2NR                                          466         
	ZERO FISCAL NOTE (LAW)                                            467         
	2 ZERO FISCAL NOTES (ADM) 2/10/95                                 467         
                                                                               
                                                                               
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. 120(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey  moved and asked unanimous consent that                   
CSHB 120(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
CSHB 120(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 120(FIN) pass the House?"  The                
roll was taken with the following result:                                      

1995-03-06                     House Journal                      Page 0602
HB 120                                                                       
                                                                               
CSHB 120(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, 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, Willis                 
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, CSHB 120(FIN) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Minority Caucus                                       Upon recess, 3/6         
                                                                               
                                                                               
The Speaker stated the House would stand in recess to a call of the            
Chair; and so, the House recessed at 10:49 a.m.                                
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 11:35 a.m.                       
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 137                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 137                                                            
"An Act making supplemental appropriations for operating                      
expenses of state government for fiscal year 1995; and providing               
for an effective date."                                                        

1995-03-06                     House Journal                      Page 0603
HB 137                                                                       
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) NEW TITLE 5DP 2NR 3AM                            589         
                                                                               
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. 137(FIN)                                                
"An Act making supplemental appropriations for the expenses of                
state government; amending operating appropriations; making an                 
appropriation to the disaster relief fund; and providing for an                
effective date."                                                               
                                                                               
Representative Kubina objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
Amendment No. 1 was offered  by Representatives Robinson and                    
B.Davis:                                                                       
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec._____.  The sum of $48,000 is appropriated from the general              
fund to the Department of Administration for the Citizens' Review              
Panel for Permanency Planning for continuation of the program                  
through June 30, 1995."                                                        
                                                                               
Renumber the following bill sections accordingly.                             
                                                                               
Representative Robinson moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Kohring objected.                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  13   NAYS:  23   EXCUSED:  2   ABSENT:  2                             

1995-03-06                     House Journal                      Page 0604
HB 137                                                                       
Yeas:  Brice, Brown, Bunde, B.Davis, Elton, Finkelstein, Grussendorf,          
Kubina, Mackie, MacLean, Nicholia, Robinson, Willis                            
                                                                               
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey                 
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
Absent:  Navarre, Sanders                                                      
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
Amendment No. 2 was offered  by Representative Robinson:                        
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec._____.  The sum of $265,000 is appropriated from the                     
general fund to the Department of Public Safety, Alaska State                  
Troopers, for additional personal services costs for the fiscal year           
ending June 30, 1995."                                                         
                                                                               
Renumber the following bill sections accordingly.                             
                                                                               
Representative Robinson moved and asked unanimous consent that                 
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, Navarre, Nicholia, Robinson, Willis                                    
                                                                               

1995-03-06                     House Journal                      Page 0605
HB 137                                                                       
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses,              
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,         
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Kubina:                          
                                                                               
Insert a new section to read:                                                  
                                                                               
"Sec. ___.  The sum of $50,000 is appropriated to the Department              
of Community and Regional Affairs as a direct pass through grant               
to the City of Delta to present their views to the federal                     
government in regards to the closure of Fort Greely."                          
                                                                              
Renumber the following bill sections accordingly.                             
                                                                               
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Nicholia, Robinson, Willis                                    
                                                                               

1995-03-06                     House Journal                      Page 0606
HB 137                                                                       
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative B.Davis:                         
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec.____.  The sum of $55,600 is appropriated from the general               
fund to the Department of Labor, division of administrative                    
services, labor market information, for statewide demographic                  
information and analysis for the fiscal year ending June 30, 1995."            
                                                                               
	Renumber the following bill sections accordingly.                             
                                                                               
                                                                               
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  12   NAYS:  25   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Nicholia, Robinson, Willis                                    
                                                                               

1995-03-06                     House Journal                      Page 0607
HB 137                                                                       
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
Amendment No. 5 was offered  by Representative Elton:                           
                                                                               
Page 2, line 8:                                                                
                                                                              
Delete "$6,535,600"                                                           
Insert "$6,567,400"                                                           
                                                                               
Adjust the funding information accordingly.                                   
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          

1995-03-06                     House Journal                      Page 0608
HB 137                                                                       
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
Amendment No. 6 was offered  by Representative Navarre:                         
                                                                               
Page 2, line 8:                                                                
                                                                               
Delete "$6,535,600"                                                           
Insert "$6,540,600"                                                          
                                                                               
Adjust the funding information accordingly.                                   
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Navarre:                         

1995-03-06                     House Journal                      Page 0609
HB 137                                                                       
Page 2, line 8:                                                                
Delete "$6,535,600"                                                           
Insert "$6,729,900"                                                           
                                                                               
Adjust the funding information accordingly.                                   
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
Amendment No. 8 was offered  by Representative Navarre:                         
                                                                               
Page 2, line 8:                                                                
Delete "$6,535,600"                                                           
Insert "$8,535,600"                                                           
Page 2, line 10, following "industries,":                                      
Insert "institutions,"                                                        
                                                                               
Adjust the funding information accordingly.                                   

1995-03-06                     House Journal                      Page 0610
HB 137                                                                       
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 8 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative MacLean:                         
                                                                               
Page 4, lines 11-16:                                                           
                                                                               
Delete all material.                                                          
                                                                               
Representative MacLean moved and asked unanimous consent that                  
Amendment No. 9 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 9 be adopted?"  The roll             
was taken with the following result:                                           

1995-03-06                     House Journal                      Page 0611
HB 137                                                                       
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 9                                                                
                                                                               
YEAS:  6   NAYS:  31   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Brice, Elton, Finkelstein, Kubina, MacLean, Nicholia                    
                                                                               
Nays:  Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Foster,              
Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott,                 
Mackie, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips,                
Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis         
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
Absent:  Martin                                                                
                                                                               
And so, Amendment No. 9 was not adopted.                                       
                                                                               
Amendment No. 10 was offered  by Representatives Grussendorf and                
MacLean:                                                                       
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec.___.  The sum of $682,400 is appropriated from the general               
fund to the Department of Public Safety for increased operating                
costs for the community jails, to conform with operating standards             
recommended in the December 1994 Governor's Task Force on                      
the Community Jails Program Final Report, for the fiscal year                  
ending June 30, 1995."                                                         
                                                                               
Renumber the following bill sections accordingly.                             
                                                                               
Representative Grussendorf moved and asked unanimous consent that              
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 10 be adopted?"  The roll            
was taken with the following result:                                           

1995-03-06                     House Journal                      Page 0612
HB 137                                                                       
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  13   NAYS:  24   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan,                 
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey        
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
Absent:  Martin                                                                
                                                                               
And so, Amendment No. 10 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 11 was offered  by Representative Brown:                          
                                                                               
Page 2, line 18, following "general fund":                                     
                                                                               
Insert "and the sum of $75,000 is appropriated from general fund              
program receipts"                                                              
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Representative Kohring objected.                                               
                                                                               
                                                                               
Representative Brown placed a call of the House.                               
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  "Shall Amendment No. 11 be adopted?"  The roll            
was taken with the following result:                                           

1995-03-06                     House Journal                      Page 0613
HB 137                                                                       
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 11                                                               
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 11 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 12 was offered  by Representative Brown:                          
                                                                               
Page 2, line 15:                                                               
                                                                               
Delete "$200,000"                                                             
Insert "$530,000"                                                             
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Kohring objected.                                               
                                                                               
                                                                               
Representative Brown placed a call of the House on the bill.                   
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  "Shall Amendment No. 12 be adopted?"  The roll            
was taken with the following result:                                           

1995-03-06                     House Journal                      Page 0614
HB 137                                                                       
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 13 was offered  by Representative Brown:                          
                                                                               
Page 3, line 18:                                                               
                                                                               
Delete "$460,000"                                                             
Insert "$580,500"                                                             
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 13 be adopted.                                                   
                                                                               
Representative Hanley objected.                                                
                                                                               
The question being:  "Shall Amendment No. 13 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               

1995-03-06                     House Journal                      Page 0615
HB 137                                                                       
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 13 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 14 was offered  by Representative Brown:                          
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec.____.  The sum of $966,600 is appropriated to the                        
Department of Health and Social Services, division of medical                  
assistance, for restoration of seven optional Medicaid services for            
the fiscal year ending June 30, 1995 from the following sources:               
                                                                               
		Federal receipts 			$483,000                                                
			General Fund receipts		$483,000"                                            
                                                                               
Renumber the following bill sections accordingly.                             
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 14 be adopted.                                                   
                                                                               
Representative Hanley objected.                                                
                                                                               
The question being:  "Shall Amendment No. 14 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 14                                                               
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               

1995-03-06                     House Journal                      Page 0616
HB 137                                                                       
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 14 was not adopted.                                      
                                                                               
Amendment No. 15 was offered  by Representative Brown:                          
                                                                               
Page 2, line 8:                                                                
                                                                               
Delete "$6,535,600"                                                           
	Insert "$6,587,500"                                                           
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 15 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 15 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               

1995-03-06                     House Journal                      Page 0617
HB 137                                                                       
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
Amendment No. 16 was offered  by Representative Brown:                          
                                                                               
Page 2, line 8:                                                                
                                                                               
Delete "$6,535,600"                                                           
Insert "$6,635,600"                                                           
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 16 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 16 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 16                                                               
                                                                               
YEAS:  12   NAYS:  26   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, Navarre, Nicholia, Robinson, Willis                                    
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses,              
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey                                                                  
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 16 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 17 was offered  by Representatives Nicholia and                   
MacLean:                                                                       
                                                                               

1995-03-06                     House Journal                      Page 0618
HB 137                                                                       
Add a new section to read:                                                     
                                                                               
"Sec.___.  The sum of $54,800 is appropriated from the general                
fund to the Department of Public Safety, Village Public Safety                 
Officers, for additional contractual services costs of officers for the        
fiscal year ending June 30, 1995."                                             
                                                                               
Renumber the following bill sections accordingly.                             
                                                                               
Representative Nicholia moved and asked unanimous consent that                 
Amendment No. 17 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  "Shall Amendment No. 17 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 17                                                               
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,         
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey                                                                          
                                                                               
Excused:  Davies, Williams                                                     
                                                                               
And so, Amendment No. 17 was not adopted.                                      
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 6:00 p.m.  There being no objection, the House              
recessed at 1:57 p.m.                                                          
                                                                               
                                                                               

1995-03-06                     House Journal                      Page 0619
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 6:04 p.m.                        
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 137                                                                       
Amendment No. 18 was offered  by Representative Finkelstein:                    
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec.___.  (a) Section 42, ch.3, FSSLA 1994, page 25, line 38, is             
amended to read:                                                               
                                                                               
						APPROPRIATION	GENERAL                                      OTHER         
							ITEMS			FUNDS                                             FUNDS         
                                                                               
	Institutions &                                                                
	 Admin.			31,177,900		15,374,600		15,803,300                      
						[31,647,900]	[16,043,500]                           [15,604,400]         
                                                                               
(b)  The funding sources for the Department of Health and Social              
Services, Alaska Psychiatric Institute (now known as Alaska                    
Psychiatric Hospital), allocation in sec. 42, ch.3, FSSLA 1994,                
page 26, line 6, are amended as follows to reflect uncollectible               
program receipt for the fiscal year ending June 30, 1995:                      
                                                                               
		General Fund/Program Receipts		1,428,900	[2,728,900]                     
                                                                               
		General Fund/Mental Health Trust	6,546,600	[5,915,500]                   
                                                                               
		Inter-Agency Receipts				7,817,600	[7,618,700]"                          
                                                                               
	Renumber the following bill sections accordingly.                             
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 18 be adopted.                                                   
                                                                               

1995-03-06                     House Journal                      Page 0620
HB 137                                                                       
Representative Hanley objected.                                                
                                                                               
Representative Mackie was excused due to illness.                              
                                                                               
The question being:  "Shall Amendment No. 18 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 18                                                               
                                                                               
YEAS:  10   NAYS:  27   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brice, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,                
MacLean, Nicholia, Robinson, Willis                                            
                                                                               
Nays:  Austerman, Barnes, Brown, Bunde, G.Davis, Foster, Green,                
Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses,               
Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders,           
Therriault, Toohey, Vezey                                                      
                                                                               
Excused:  Davies, Mackie, Williams                                             
                                                                               
And so, Amendment No. 18 was not adopted.                                      
                                                                               
Amendment No. 19 was offered  by Representatives Navarre and Brice:             
                                                                               
Add a new section to read:                                                     
                                                                               
"Sec.___.  Section 42, ch.3, FSSLA 1994, page 48, line 10, is                 
amended to read:                                                               
                                                                               
						APPROPRIATION	GENERAL                                      OTHER         
							ITEMS			FUNDS                                             FUNDS         
                                                                               
Legislative Council		13,969,500		13,684,500       285,000         
							[18,969,500]	[18,684,500]                              285,000"         
                                                                               
                                                                               
Renumber the following bill sections accordingly.                             
                                                                               

1995-03-06                     House Journal                      Page 0621
HB 137                                                                       
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 19 be adopted.                                                   
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall Amendment No. 19 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 19                                                               
                                                                               
YEAS:  9   NAYS:  28   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, Elton, Finkelstein, Kubina, MacLean, Navarre,             
Robinson, Willis                                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green,              
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin,                
Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter,               
Rokeberg, Sanders, Therriault, Toohey, Vezey                                   
                                                                               
Excused:  Davies, Mackie, Williams                                             
                                                                               
And so, Amendment No. 19 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 20 was offered  by Representative Navarre:                        
                                                                               
Page 4, line 22:                                                               
                                                                              
Delete "$6,535,600"                                                           
Insert "$7,035,600"                                                           
                                                                               
Adjust the funding information accordingly.                                   
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 20 be adopted.                                                   
                                                                               
Representative Foster objected.                                                
                                                                               

1995-03-06                     House Journal                      Page 0622
HB 137                                                                       
The question being:  "Shall Amendment No. 20 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 137(FIN)                                                                  
Second Reading                                                                 
Amendment No. 20                                                               
                                                                               
YEAS:  11   NAYS:  26   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina,                
MacLean, Navarre, Nicholia, Robinson, Willis                                   
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green,                
Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses,               
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey                                                                  
                                                                               
Excused:  Davies, Mackie, Williams                                             
                                                                               
And so, Amendment No. 20 was not adopted.                                      
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB
137(FIN) be considered engrossed, advanced to third reading and                
placed on final passage.                                                       
                                                                               
Representative Kubina objected.                                                
                                                                               
The Speaker stated that CSHB 137(FIN) will be in third reading on              
March 8, 1995.                                                                 
                                                                               
                                                                               
                            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:                   
                                                                               
Commemorating - International Women's Day, March 8, 1995                       
By Representatives B.Davis, Phillips, Brice, Brown, Davies, G. Davis,          
Elton, Foster, Grussendorf, James, Kott, Mackie, Navarre, Nicholia,            
Porter, Robinson, Sanders, Toohey, Vezey, Willis                               

1995-03-06                     House Journal                      Page 0623
Commemorating - Women in History Month, 1995                                   
By Representatives B.Davis, Phillips, Brice, Brown, Bunde, Davies,             
Elton, Foster, Grussendorf, Kott, James, Mackie, Mulder, Navarre,              
Nicholia, Porter, Robinson, Sanders, Toohey, Vezey, Willis                     
                                                                               
                                                                               
Honoring - Mat-Su Amateur Hockey Association Squirt "B" Team                   
By Representatives Ogan, Kohring, Masek, Phillips, B. Davis, James,            
Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia, Rokeberg,              
Sanders, Vezey, Willis; Senators Green, Halford                                
                                                                               
                                                                               
Honoring - The 1995 Miss Dance Drill Team Alaska Pageant                       
By Senators Zharoff, Duncan, Halford, Green; Representatives                   
Austerman, B. Davis, Grussendorf, James, Kott, Kubina, Mackie,                 
Navarre, Nicholia, Robinson, Rokeberg, Sanders, Willis                         
                                                                               
                                                                               
In Memoriam - Paul Tiulana                                                     
By Representatives Foster, Phillips, Brice, B. Davis, Finkelstein,             
James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Sanders, Toohey,              
Willis                                                                         
                                                                               
                                                                               
In Memoriam - Richard "Dick" Wilson Edens, Jr.                                 
By Representatives Phillips, B. Davis, Foster, James, Kott, Kubina,            
Mackie, Nicholia, Rokeberg, Sanders, Toohey, Willis                            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HJR 33                                                                       
Representative Bunde added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 33                                                 
Requesting the Congress to amend Title VIII of the Alaska                     
National Interest Lands Conservation Act.                                      
                                                                               
                                                                               
HB 159                                                                       
Representative Toohey added her name as cosponsor to:                          
                                                                               

1995-03-06                     House Journal                      Page 0624
HB 159                                                                       
HOUSE BILL NO. 159                                                            
"An Act allowing a person under age 21 to be arrested by a peace              
officer without a warrant for illegal possession, consumption, or              
control of alcohol; relating to the offenses of driving with a                 
revoked license, driving while intoxicated, or failure to submit to            
a chemical test of breath or blood; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HJR 5                                                                        
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 JOINT RESOLUTION NO. 5(FIN) am                                   
Proposing amendments to the Constitution of the State of Alaska               
relating to terms of legislators.                                              
                                                                               
                                                                               
HB 4                                                                         
CSHB 4(STA)(title am) was engrossed, signed by the Speaker and                 
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
                                                                               
HB 74                                                                        
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. 74(FIN)                                                 
"An Act relating to the assault of children by adults."                       
                                                                               
                                                                               
HB 120                                                                       
CSHB 120(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
                                                                               

1995-03-06                     House Journal                      Page 0625
                                  ENROLLMENT                                 
                                                                               
HCR 11                                                                       
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 4:20 p.m.,            
March 3, 1995:                                                                 
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 11                                            
Designating March 1995 as Sobriety Awareness Month, commonly                  
referred to as "SAM."                                                          
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber       10:00 a.m., 3/7         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 8, 1995.  There being no                 
objection, the House adjourned at 6:40 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk