Legislature(1995 - 1996)
1995-03-08 House Journal
Full Journal pdf1995-03-08 House Journal Page 0629 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 8, 1995 Fifty-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:13 a.m. Roll call showed 38 members present. Representatives Brice and Hanley were absent. The invocation was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Father, I praise You for Your mindfulness of us. We understand what Jeremiah, the prophet, meant when he penned the words, `It is only Your mercies that have kept us from being consumed, because your compassions fail not. They are new every morning; great is your faithfulness' (Lamentations 3:22:23) We thank You for faithfully giving to us the compassion and mercies we need to respond to the challenges and opportunities of this beautiful new day. We seek and by faith receive Your wise counsel, unfailing strength, and the unlimited resources of Your grace. All glory and honor be unto You both now and forever. Amen." The Pledge of Allegiance was led by Representative Williams. 1 1995-03-08 House Journal Page 0630 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 50th legislative day with the following correction; the 51st legislative day; and, House Journal Supplement No. 4 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. HB 237 Page 597: Should read "HOUSE BILL NO. 237 by Representatives Mulder by request, and Porter, entitled:" MESSAGES FROM THE GOVERNOR HCR 1 A message dated March 6, 1995, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) am S Creating the Long Range Financial Planning Commission. Legislative Resolve No. 6 HCR 11 A message dated March 6, 1995, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE CONCURRENT RESOLUTION NO. 11 Designating March 1995 as Sobriety Awareness Month, commonly referred to as "SAM." Legislative Resolve No. 8 1995-03-08 House Journal Page 0631 HJR 7 A message dated March 6, 1995, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 7(O&G) am Supporting the lifting of the ban on the export of Alaska North Slope crude oil, requesting the President of the United States to present to the United States Congress a recommendation that it is both in the national interest to lift the ban on the export of Alaska North Slope crude oil and discriminatory to the state to maintain the ban, and endorsing passage of H.R. 70 and S. 70, companion federal legislation to remove restraints on the export of that oil. Legislative Resolve No. 5 MESSAGES FROM THE SENATE SCR 8 A message dated March 7, 1995, was read stating the Senate has failed to concur in the House amendment to: CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. Namely: CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) am H Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the resolutions: 1995-03-08 House Journal Page 0632 SCR 8 Senator Rieger, Chair Senator Frank Senator Donley CSSCR 8(RLS) am H is under Unfinished Business. A message dated March 7, 1995, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 3 SENATE BILL NO. 3 by Senators Duncan, Zharoff, Hoffman, Taylor, Halford, Lincoln, Pearce, Donley, Salo and Leman, entitled: "An Act relating to an antitrust exemption for persons engaged in the fishing industry." was read the first time and referred to the House Special Committee on Fisheries, and the Resources and Judiciary Committees. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Environmental Conservation Oil & Hazardous Substance Release Prevention and Response Fund Annual Report, Fiscal Year 1994 July 1, 1993-June 30, 1994 REPORTS OF STANDING COMMITTEES HB 44 The Judiciary Committee has considered: 1995-03-08 House Journal Page 0633 HB 44 HOUSE BILL NO. 44 "An Act providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; relating to what is a qualified organization for the purpose of charitable gaming permitting; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 44(JUD) "An Act relating to reporting by permittees, licensees, and vendors; providing that a political use is not an authorized use of charitable gaming proceeds, other than proceeds from raffles; prohibiting the contribution of charitable gaming proceeds, other than proceeds from raffles, to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles; relating to what is a qualified organization for the purpose of charitable gaming permitting; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Green, Bunde, Toohey, Vezey No recommendation (1): B.Davis The following fiscal note applies to CSHB 44(JUD): Fiscal note, Dept. of Revenue, 2/22/95 HB 44 was referred to the Finance Committee. **The presence of Representative Hanley was noted. 1995-03-08 House Journal Page 0634 HB 59 The State Affairs Committee has considered: HOUSE BILL NO. 59 "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Porter, Green, Willis, Ogan No recommendation (2): Ivan, Robinson The following fiscal note applies: Fiscal note, Dept. of Fish & Game, 3/8/95 HB 59 was referred to the Resources Committee. HB 146 The Labor & Commerce Committee has considered: HOUSE BILL NO. 146 "An Act relating to sled dog race classics." and recommends it be replaced with: CS FOR HOUSE BILL NO. 146(L&C) "An Act relating to an Iditarod Sweepstakes sled dog race classic." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Porter No recommendation (6): Kott, Sanders, Masek, Kubina, Elton, Rokeberg 1995-03-08 House Journal Page 0635 HB 146 The following fiscal note applies to CSHB 146(L&C): Zero fiscal note, Dept. of Revenue, 2/15/95 HB 146 was referred to the Rules Committee for placement on the calendar. HB 158 The Judiciary Committee has considered: HOUSE BILL NO. 158 "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 158(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Vezey, Green, Toohey, Bunde Do not pass (2): Finkelstein, B.Davis The following fiscal notes apply to CSHB 158(JUD): Fiscal note, Alaska Court System, 3/8/95 Zero fiscal note, Dept. of Law, 3/8/95 Zero fiscal note, Dept. of Administration, 3/8/95 Zero fiscal note, Dept. of Commerce & Economic Development, 3/8/95 HB 158 was referred to the Finance Committee. 1995-03-08 House Journal Page 0636 HB 180 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 180 "An Act relating to liquor licenses issued to a hotel, motel, resort, or similar establishment; and providing for an effective date." The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (2): Vezey, Kott No recommendation (3): Elton, Austerman, Ivan The following fiscal note applies: Zero fiscal note, Dept. of Revenue, 2/22/95 HB 180 was referred to the Labor & Commerce Committee. HB 182 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 182 "An Act allowing a dentist to delegate certain duties to a dental assistant." and recommends it be replaced with: CS FOR HOUSE BILL NO. 182(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): G.Davis, Toohey No recommendation (4): Rokeberg, Bunde, Robinson, Brice 1995-03-08 House Journal Page 0637 HB 182 The following fiscal note applies to CSHB 182(HES): Zero fiscal note, Dept. of Commerce & Economic Development, 3/8/95 HB 182 was referred to the Rules Committee for placement on the calendar. HB 195 The Resources Committee has considered: HOUSE BILL NO. 195 "An Act repealing the laws authorizing milk marketing orders and the milk advisory board." and recommends it be replaced with: CS FOR HOUSE BILL NO. 195(RES) "An Act repealing the laws authorizing milk marketing orders." The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Williams, Austerman, Kott, Barnes, Green No recommendation (1): Davies The following fiscal note applies to CSHB 195(RES): Zero fiscal note, Dept. of Natural Resources, 3/8/95 HB 195 was referred to the Rules Committee for placement on the calendar. HB 215 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 215 "An Act relating to suspension of a student from a public school." 1995-03-08 House Journal Page 0638 HB 215 The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (6): Rokeberg, G.Davis, Bunde, Toohey, Vezey, Robinson The following fiscal note applies: Zero fiscal note, Dept. of Education, 3/8/95 HB 215 was referred to the Rules Committee for placement on the calendar. HB 220 The Labor & Commerce Committee has considered: HOUSE BILL NO. 220 "An Act relating to the duties of the commissioner of commerce and economic development concerning the Alaska Tourism Marketing Council; relating to the per diem travel expenses of the council's board of directors; relating to the powers and duties of the council; extending the termination date of the council; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 220(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Kott, Elton, Rokeberg, Sanders, Porter The following fiscal note applies to CSHB 220(L&C): Fiscal note, Dept. of Commerce & Economic Development, 3/8/95 HB 220 was referred to the Finance Committee. 1995-03-08 House Journal Page 0639 SB 47 The Finance Committee has considered: SENATE BILL NO. 47(efd fld) "An Act relating to the extent to which the Alaska Public Utilities Commission may exercise its powers when regulating utilities; establishing a regulatory cost charge on public utilities and pipeline carriers; relating to the allocation of costs in hearings before the Alaska Public Utilities Commission; relating to the method by which utilities are exempted from and made subject to regulation by the Alaska Public Utilities Commission; relating to the monetary threshold for regulation of certain kinds of utilities by the Alaska Public Utilities Commission; extending the Alaska Public Utilities Commission; relating to staggered terms for members of the Alaska Public Utilities Commission." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Kelly, Parnell, Therriault, Kohring, Foster No recommendation (2): Martin, Grussendorf Amend (2): Navarre, Brown The following fiscal notes apply: Fiscal note, House Finance Committee/Dept. of Commerce & Economic Development, 3/8/95 Senate zero fiscal note, Dept. of Administration, 2/3/95 Senate zero fiscal note, Dept. of Revenue, 2/23/95 SB 47(efd fld) is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1995-03-08 House Journal Page 0640 Honoring - Wally Wallace By Representative Ivan; Senator Hoffman Honoring - Christina Huss By Representatives Navarre, Phillips, G.Davis; Senator Salo Honoring - Key Bank of Alaska By Representative Finkelstein Honoring - National Bank of Alaska By Representative Finkelstein Honoring - The Kenai Peninsula Community Care Center By Representatives Navarre, Phillips, G.Davis; Senators Salo, Torgerson Honoring - Unocal's Sponsorship of Caring for the Kenai, an Environmental Awareness Program By Representatives Navarre, Phillips, G.Davis; Senator Salo Honoring - The 1995 Nikiski Girls Basketball Team By Representatives Navarre, Phillips, G.Davis; Senator Salo Honoring - Governor Walter J. Hickel By Senator Leman; Representative Martin Honoring - Alaska Winter Special Olympics By Senator Hoffman Honoring - Alaska Summer Special Olympics By Senator Hoffman In Memoriam - Betsy Staley By Representatives Navarre, G.Davis, Phillips; Senator Salo In Memoriam - Bishop Michael Kenny, 1937-1995 By Senators Duncan, Kelly, Zharoff; Representatives Elton, Robinson, Green, Martin 1995-03-08 House Journal Page 0641 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 34 HOUSE JOINT RESOLUTION NO. 34 by Representative Sanders: Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 35 HOUSE JOINT RESOLUTION NO. 35 by Representative Rokeberg: Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 238 HOUSE BILL NO. 238 by the House Labor & Commerce Committee by request, entitled: "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." was read the first time and referred to the State Affairs and Labor & Commerce Committees. HB 239 HOUSE BILL NO. 239 by Representative Nicholia, entitled: "An Act declaring the dragonfly as the official state insect." was read the first time and referred to the State Affairs Committee. 1995-03-08 House Journal Page 0642 HB 240 HOUSE BILL NO. 240 by the House Finance Committee, entitled: "An Act relating to endowments of and donations to the University of Alaska and to the University of Alaska endowment trust fund; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 241 HOUSE BILL NO. 241 by Representative Bunde, entitled: "An Act relating to the use of a candidate's campaign account." was read the first time and referred to the State Affairs and Finance Committees. HB 242 HOUSE BILL NO. 242 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; 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 note, Dept. of Health & Social Services, 3/8/95 Fiscal note, Dept. of Revenue, 3/8/95 Zero fiscal note, Dept. of Law, 3/8/95 Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/95 1995-03-08 House Journal Page 0643 HB 242 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 the Uniform Interstate Family Support Act and the repeal of the Uniform Reciprocal Enforcement of Support Act. The bill would repeal the laws currently found in AS25.25, the Uniform Reciprocal Enforcement of Support Act (URESA), and replace them with a new Uniform Act, the Uniform Interstate Family Support Act (UIFSA), with minor modifications. The bill also has the effect of amending Alaska Rules of Civil Procedure 79 and 82, and Alaska Rule of Administration 9. See secs. 6 and 7 of the bill. Under art. IV, sec. 15, of the Alaska Constitution, the legislature may change a court rule governing "practice and procedure." Although the bill has the effect of amending a court rule relating to filing fees that is designated as an "administrative" rule, I believe that the rule affects individuals' substantive rights regarding access to our justice system and, therefore, is one that the legislature is authorized to change. Additionally, the provision that has the effect of amending the administrative rule is an integral part of UIFSA. The Uniform Interstate Family Support Act was drafted to update URESA. The bill, like URESA, applies to those actions relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations in which the parties reside in more than one state. A major feature of UIFSA is that it does not require reciprocity of laws between states in order to take action under its provisions. In order to ease the transition between URESA and UIFSA, the bill recognizes substantially similar state laws as equivalent to UIFSA for purposes of interstate actions. See proposed AS25.25.101(7) and (16) in sec. 1 of the bill. The bill also contains its own long-arm jurisdiction provision providing the home state of a supported family the maximum possible opportunity to secure personal jurisdiction over an absent parent. 1995-03-08 House Journal Page 0644 HB 242 The bill promotes, to the extent possible, the premise of continuing exclusive jurisdiction over support orders. Under the law as it exists under URESA, multiple orders for child support often result. UIFSA seeks to limit the existence of multiple support orders by limiting the circumstances under which subsequent support orders may be entered in states other than the initiating state. The bill also recognizes the growing use of administrative procedures in addition to or in place of judicial proceedings in the establishment of paternity and the establishment and enforcement of support orders. UIFSA was prepared by the National Conference of Commissioners on Uniform State Laws, which has approved and recommended it for enactment in all the states. Although it was first adopted by that conference in the summer of 1992, it has already been enacted in 21 states. There are indications that it will be introduced in as many as eight states this year. It has been endorsed by the United States Commission on Interstate Child Support, the American Bar Association, and the Conference of Chief Justices, and the bill has the support of Alaska's child support enforcement agency. Additional information from the National Conference of Commissioners on Uniform State Laws is available from my staff. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor" HB 243 HOUSE BILL NO. 243 by the House Labor & Commerce Committee, entitled: "An Act relating to licensure of landscape architects." was read the first time and referred to the State Affairs and Labor & Commerce Committees. 1995-03-08 House Journal Page 0645 HB 244 HOUSE BILL NO. 244 by the House Rules Committee by request of the Governor, entitled: "An Act relating to administrative establishment of paternity and establishing paternity by affidavit; relating to child support enforcement; 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 note, Dept. of Health & Social Services, 3/8/95 Fiscal note, Dept. of Revenue, 3/8/95 Zero fiscal note, Dept. of Health & Social Services, 3/8/95 Zero fiscal note, Dept. of Law, 3/8/95 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 the administrative determination of paternity by the Department of Revenue, child support enforcement division (CSED) and addressing the establishment of paternity based on voluntary acknowledgement of paternity by appropriate parties. The bill would amend relevant portions of the laws currently found in AS 25.27 to allow CSED to administratively determine the paternity of children. The bill also amends AS18.50.160, relating to the identification of parents on birth certificates by voluntary acknowledgement. The bill does not affect any existing court rules. Under recent federal regulations adopted in December 1994, time frames for the establishment of paternity and support orders have been significantly shortened. In order to determine how best to meet these 1995-03-08 House Journal Page 0646 HB 244 deadlines, CSED has reviewed the relevant Alaska statutes and its administrative procedures to identify areas that could be handled more efficiently than under the current state statutes and regulations. One such area is the determination of paternity. Under current state law, such determinations may only be made by a court. This bill establishes a procedure by which CSED may determine paternity administratively, without resort to the courts. Under the proposed statute changes, CSED may initiate an administrative proceeding to determine paternity upon application of the child's mother or guardian or upon application of the State of Alaska or of another state. The proceeding is initiated through service of a Notice of Paternity and Financial Responsibility, together with an administrative order requiring the parties to submit to genetic testing. Unless paternity is admitted or the alleged father fails to respond to the notice, CSED's determination of paternity will be based upon the results of the genetic testing and other evidence. In conjunction with the paternity proceeding, CSED also may establish the amount of the support obligation, which CSED is already permitted to do under existing law. Through an appeal process, the bill safeguards the alleged father's rights with respect to the determination of paternity. Once CSED has issued its finding of paternity, the alleged father may request a formal hearing, after which the alleged father also will be entitled to judicial review if a timely appeal is filed with the superior court. The bill amends the state law relating to the identification of parents on a child's birth certificate. The bill would allow the Bureau of Vital Statistics to enter a father's name on a child's birth certificate based on voluntary acknowledgements of paternity by the appropriate parties. If the child was born in wedlock (and, thus, the mother's husband is the legally presumed father), affidavits must be provided by the mother, her husband, and the alleged father, attesting that the husband is not the child's father and that the alleged father is the father of the child. If the child was born out of wedlock, affidavits are needed only from the mother and the alleged father, attesting that the alleged father is the child's father. 1995-03-08 House Journal Page 0647 HB 244 The bill also recognizes the growing use of administrative procedures in addition to or in place of judicial proceedings in the establishment of paternity and the establishment and enforcement of support orders. The changes proposed in the bill are intended to increase the efficiency of the child support enforcement process by allowing CSED and, in certain cases the parties themselves, to determine the paternity of children. I urge prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor" HB 245 HOUSE BILL NO. 245 by Representative Kott, entitled: "An Act relating to fetal homicide and assaults on fetuses." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 107 The following was read the second time: HOUSE BILL NO. 107 "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." with the: Journal Page FSH RPT CS(FSH) 1DP 4NR 299 ZERO FISCAL NOTE (F&G) 2/10/95 300 RES RPT CS(FSH) 5DP 2NR 522 ZERO FISCAL NOTE (F&G) 2/10/95 522 1995-03-08 House Journal Page 0648 HB 107 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original: CS FOR HOUSE BILL NO. 107(FSH) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 107(FSH) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 107(FSH) was read the third time. **The presence of Representative Brice was noted. The question being: "Shall CSHB 107(FSH) pass the House?" The roll was taken with the following result: CSHB 107(FSH) Third Reading Final Passage YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Vezey, Williams, Willis Nays: Barnes, Kelly, Kohring, Therriault, Toohey Willis changed from "Nay" to "Yea". Masek changed from "Nay" to "Yea". And so, CSHB 107(FSH) passed the House and was referred to the Chief Clerk for engrossment. 1995-03-08 House Journal Page 0649 SECOND READING OF SENATE BILLS SB 47 The following was read the second time: SENATE BILL NO. 47(efd fld) "An Act relating to the extent to which the Alaska Public Utilities Commission may exercise its powers when regulating utilities; establishing a regulatory cost charge on public utilities and pipeline carriers; relating to the allocation of costs in hearings before the Alaska Public Utilities Commission; relating to the method by which utilities are exempted from and made subject to regulation by the Alaska Public Utilities Commission; relating to the monetary threshold for regulation of certain kinds of utilities by the Alaska Public Utilities Commission; extending the Alaska Public Utilities Commission; relating to staggered terms for members of the Alaska Public Utilities Commission." with the: Journal Page FIN RPT 7DP 2NR 639 FISCAL NOTE (DCED) 639 SENATE ZERO FISCAL NOTE (ADM) 2/3/95 639 SENATE ZERO FISCAL NOTE (REV) 2/23/95 639 Amendment No. 1 was offered by Representative Brown: Page 5, lines 24 - 26: Delete "AS42.05.712(h). Notwithstanding AS42.05.712(b) and (g), if subscribers representing 25 percent of the gross revenue of the utility petition the commission for regulation, the utility is subject to the provisions of this chapter." Insert "AS 42.05.712." The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Brown Representative Hanley Objection was heard, and the members were required to vote. 1995-03-08 House Journal Page 0650 SB 47 Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 47(efd fld) Second Reading Amendment No. 1 YEAS: 21 NAYS: 18 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Grussendorf, James, Kubina, Mackie, MacLean, Martin, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Bunde, Foster, Green, Hanley, Ivan, Kelly, Kohring, Kott, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Absent: Moses Ogan changed from "Yea" to "Nay". And so, Amendment No. 1 was adopted. ANNOUNCEMENTS Majority Caucus Speaker's Chamber Upon at ease, 3/8 Minority Caucus Upon at ease, 3/8 The House stood at ease at 11:02 a.m. AFTER AT EASE The Speaker called the House back to order at 12:10 p.m. 1995-03-08 House Journal Page 0651 SECOND READING OF SENATE BILLS (continued) SB 47 Amendment No. 2 was offered by Representative Brown: Page 5, line 4: Delete "$50,000" Insert "$500,000 or more [$50,000]" Page 5, line 9: Delete "$500,000" Insert "$1,000,000 or more" Page 5, line 14: Delete "$150,000" Insert "$1,000,000 or more" Page 5, line 20: Delete "$300,000" Insert "$500,000" Representative Brown placed a call of the House and lifted the call. Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: SB 47(efd fld) am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, MacLean, Navarre, Nicholia, Robinson, Willis 1995-03-08 House Journal Page 0652 SB 47 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 2, line 27: Delete ".8" Insert ".61" Page 3, line 11: Delete ";" Insert "." Page 3, lines 12 - 14: Delete all material. Page 6, line 8: Delete ".8" Insert ".61" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: SB 47(efd fld) am H Second Reading Amendment No. 3 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis 1995-03-08 House Journal Page 0653 SB 47 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, Williams And so, Amendment No. 3 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 12:52 p.m. AFTER RECESS The Speaker called the House back to order at 6:17 p.m. Representative Vezey placed a call of the House and lifted the call. SECOND READING OF SENATE BILLS (continued) SB 47 Amendment No. 4 was offered by Representative Brown: Page 1, line 11, through page 2, line 23: Delete all material. Page 2, line 24: Delete "Sec. 2" Insert "Section 1" Renumber the following bill sections accordingly. Page 7, lines 19 - 21: Delete all material. Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. 1995-03-08 House Journal Page 0654 SB 47 Representative Kott objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: SB 47(efd fld) am H Second Reading Amendment No. 4 YEAS: 12 NAYS: 26 EXCUSED: 0 ABSENT: 2 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson 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, Williams Absent: Brice, Willis And so, Amendment No. 4 was not adopted. Amendment No. 5 was not offered. Amendment No. 6 was offered by Representative Davies: Page 1, line 12, after "necessary": Delete "or" Insert "and" Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1995-03-08 House Journal Page 0655 SB 47 SB 47(efd fld) am H Second Reading Amendment No. 6 YEAS: 12 NAYS: 25 EXCUSED: 0 ABSENT: 3 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson 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 Absent: Brice, Williams, Willis MacLean changed from "Nay" to "Yea". And so, Amendment No. 6 was not adopted. Representative Vezey moved and asked unanimous consent that SB 47(efd fld) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated SB 47(efd fld) am H will be in third reading on the March 9, 1995, calendar. THIRD READING OF HOUSE BILLS HB 137 The following, which was advanced to third reading from the March 6, 1995, calendar (page 622), was read the third time: 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." 1995-03-08 House Journal Page 0656 HB 137 Representative Mulder moved and asked unanimous consent that CSHB 137(FIN) be returned to second reading for the specific purpose of considering Amendment No. 21. There being no objection, CSHB 137(FIN) was returned to second reading. Amendment No. 21 was offered by Representatives Mulder, G.Davis, Rokeberg and Hanley: Page 2, line 8: Delete "$6,535,600" Insert "$7,145,500" Adjust the funding information accordingly. Representative Mulder moved and asked unanimous consent that Amendment No. 21 be adopted. Representative MacLean objected. The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: CSHB 137(FIN) Second Reading Amendment No. 21 YEAS: 31 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Williams Nays: Barnes, Green, MacLean, Martin, Therriault, Toohey, Vezey Absent: Brice, Willis And so, Amendment No. 21 was adopted. 1995-03-08 House Journal Page 0657 HB 137 A Title Amendment was offered by Representative Hanley: Page 1, line 1, after ";": Insert "making capital appropriations;" Page 1, line 2: Delete "an appropriation" Insert "appropriations" Page 1, line 3, after "fund": Insert "and to the Alaska marine highway system fund" Representative Hanley moved and asked unanimous consent that the title amendment be adopted. Objection was heard and withdrawn. There being no further objection, the title amendment was adopted and the new title appears below: CS FOR HOUSE BILL NO. 137(FIN) am "An Act making supplemental appropriations for the expenses of state government; making capital appropriations; amending operating appropriations; making appropriations to the disaster relief fund and to the Alaska marine highway system fund; and providing for an effective date." Representative Brown moved and asked unanimous consent that CSHB 137(FIN) am be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 12. Objection was heard. The question being: "Shall the House return to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 12?" The roll was taken with the following result: 1995-03-08 House Journal Page 0658 HB 137 CSHB 137(FIN) am Third Reading Return to Second/rescind previous action/#12 YEAS: 14 NAYS: 25 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, 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, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mulder And so, the motion failed. Representative Brice moved and asked unanimous consent that CSHB 137(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 22. Objection was heard. Representative Bunde rose to a point of order. The Speaker cautioned the member to confine remarks to the motion before the body. The question being: "Shall CSHB 137(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 22?" The roll was taken with the following result: CSHB 137(FIN) am Third Reading Return to Second for Amendment No. 22 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 1995-03-08 House Journal Page 0659 HB 137 Yeas: Brice, Brown, Davies, 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, Williams And so, the motion failed. The question being: "Shall CSHB 137(FIN) am pass the House?" The roll was taken with the following result: CSHB 137(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, MacLean And so, CSHB 137(FIN) 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. Representative Davies gave notice of reconsideration of his vote on CSHB 137(FIN) am. 1995-03-08 House Journal Page 0660 SECOND READING OF HOUSE RESOLUTIONS HJR 20 The following was read the second time: HOUSE JOINT RESOLUTION NO. 20 Relating to unfunded federal mandates and the Conference of the States. with the: Journal Page WTR RPT 6DP 195 FISCAL NOTE (LAA) 2/1/95 195 ZERO FISCAL NOTE (GOV) 2/1/95 195 STA RPT CS(STA) 1DP 6NR 360 FISCAL NOTE (LAA) 2/1/95 361 ZERO FISCAL NOTE (GOV) 2/1/95 361 FIN REFERRAL ADDED 361 FIN RPT CS(STA) 8DP 2NR 520 FISCAL NOTE (LAA) 2/1/95 520 ZERO FISCAL NOTE (GOV) 2/1/95 520 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 20(STA) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHJR 20(STA) be considered engrossed, advanced to third reading and placed on final passage. Representative MacLean objected. The question being: "Shall CSHJR 20(STA) be advanced to third reading on the same day?" The roll was taken with the following result: 1995-03-08 House Journal Page 0661 HJR 20 CSHJR 20(STA) Second Reading Advance to Third Reading YEAS: 33 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Green, MacLean, Navarre Absent: Moses And so, the motion passed. CSHJR 20(STA) was read the third time. The question being: "Shall CSHJR 20(STA) pass the House?" The roll was taken with the following result: CSHJR 20(STA) Third Reading Final Passage YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Foster, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis 1995-03-08 House Journal Page 0662 HJR 20 Nays: Bunde, Finkelstein, Green, James, MacLean, Navarre, Toohey And so, CSHJR 20(STA) passed the House. Representative Navarre gave notice of reconsideration of his vote on CSHJR 20(STA). HJR 22 The following was read the second time: HOUSE JOINT RESOLUTION NO. 22 Relating to the maritime boundary between Alaska and the former Union of Soviet Socialist Republics. with the: Journal Page WTR RPT CS(WTR) 6DP 405 2 ZERO FISCAL NOTES (WTR, GOV) 405 STA RPT CS(STA) 3DP 2NR 462 2 ZERO FISCAL NOTES (GOV, WTR) 2/16/95 463 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 22(STA) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHJR 22(STA) be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected. The Speaker stated that CSHJR 22(STA) will be in third reading on the March 9, 1995, calendar. 1995-03-08 House Journal Page 0663 LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Representative Walt Furnace By Representatives Barnes, Foster, Phillips, B. Davis, Austerman, Bunde, G. Davis, Green, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Nicholia, Parnell, Rokeberg, Sanders, Toohey, Vezey; Senator Kelly In Appreciation - Sponsors of the North Paciific Marine Science Foundation By Representatives Phillips, Austerman, B. Davis, G. Davis, Elton, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Sanders, Vezey UNFINISHED BUSINESS HB 54 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: HOUSE BILL NO. 54 "An Act making an appropriation to the principal of the permanent fund from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." HB 54 is in the State Affairs Committee. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Williams - from 2:20 p.m, March 10 to 10:06 p.m., plane time, March 13, 1995 Representative Rokeberg - from 8:30 p.m., March 10 to 8:48 p.m., plane time, March 13, 1995 1995-03-08 House Journal Page 0664 Representative James - from 6:30 a.m., March 10 to 6:00 p.m., plane time, March 13, 1995 Representative Moses - from 9:00 p.m., March 11 to 7:00 p.m., plane time, March 14, 1995 Representative Hanley - from 6:45 p.m., March 10 to 8:48 p.m., plane time, March 12, 1995 Representative Foster - from 6:00 p.m., plane time, March 9 to 9:30 a.m., plane time, March 14, 1995 (amended from page 509) Representative Nicholia - from 6:55 p.m., March 13 to 9:30 a.m., plane time, March 20, 1995 Representative G.Davis - from 6:55 p.m., March 16 to 8:48 p.m., plane time, March 19, 1995 There being no objection, it was so ordered. HCR 1 Representative Vezey stated that pursuant to: SENATE CS FOR CS FOR HOUSE CONCURRENT RESOLUTION NO. 1(STA) am S Creating the Long Range Financial Planning Commission. the Speaker had made the following appointments to that Commisssion: Judy Brady - Anchorage Bruce Ludwig - Juneau Mary Nordale - Fairbanks Representative Navarre Representative Parnell 1995-03-08 House Journal Page 0665 HB 207 The following was published March 8, 1995, as a correction to the fiscal note by the Dept. of Natural Resources, published February 27, 1995: Fiscal note (# 3), Dept. of Natural Resources for: HOUSE BILL NO. 207 "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; relating to the depositing of royalties and royalty sale proceeds in the Alaska permanent fund; and providing for an effective date." HB 207 is in the House Special Committee on Oil and Gas. HB 234 The Office of the Governor submitted the following fiscal note: Zero fiscal note, Dept. of Natural Resources, 3/8/95 for: HOUSE BILL NO. 234 "An Act relating to administrative adjudication under the Administrative Procedure Act." HB 234 is in the State Affairs Committee. HJR 20 Representative Kubina added his name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 20(STA) Relating to unfunded federal mandates and the Conference of the States. HB 128 Representative Mulder added his name as cosponsor to: 1995-03-08 House Journal Page 0666 HB 128 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 "An Act establishing an exemption to the requirement of obtaining a waste disposal permit for certain activities that yield water and waste material discharges ancillary to those activities." SB 3 Representatives Grussendorf and Ivan added their names as cross sponsors to: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." ENGROSSMENT HB 107 CSHB 107(FSH) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 9, 1995. There being no objection, the House adjourned at 7:39 p.m. Suzi Lowell Chief Clerk