Legislature(1995 - 1996)
1995-04-08 House Journal
Full Journal pdf1995-04-08 House Journal Page 1185 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday April 8, 1995 Eighty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 12:14 p.m. Roll call showed 34 members present. Representative Bunde had been previously excused from a call of the House today. Representatives Finkelstein, Ivan, Kelly, MacLean and Parnell were absent. The invocation was offered by the Chaplain Designee, Representative Martin. Representative Mackie moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "The Lord is our shepherd; We shall not want. In verdant pastures He gives us repose; Beside restful waters He leads us; He refreshes our soul. He guides us in right paths for his name's sake. Even though we walk in the dark valley we fear no evil; for You are at our side With your rod and your staff that give us courage. You spread the table before us in the sight of our foes; You anoint our head with oil; our cup overflows. Only goodness and kindness follow us all the days of our life; And we shall dwell in the house of the Lord for years to come. 1 1995-04-08 House Journal Page 1186 Lord we thank You for all the blessings You have given Alaska. As your stewards of this great state may we use them wisely. We pray through Your son Jesus Christ. Amen" The Pledge of Allegiance was led by Representative Vezey. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 81st and 82nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 9 A message dated April 7, 1995, was read stating the Senate has passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA) Relating to Alaska School Bus Driver Appreciation Day. CSHCR 9(TRA) was referred to the Chief Clerk for enrollment. HB 21 A message dated April 7, 1995, was read stating the Senate has passed CSHB 21(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; relating to revocation of a driver's license for illegal possession or use of a firearm by a person at least 13 but not yet 18 years of age; relating to treatment programs required for issuance or reissuance of a driver's license; and providing for an effective date." CSHB 21(FIN) is under Unfinished Business. 1995-04-08 House Journal Page 1187 HB 128 A message dated April 7, 1995, was read stating the Senate has passed CSSSHB 128(RES) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 128(RES) "An Act relating to the disposal of wastes; giving the Alaska Oil and Gas Conservation Commission authority to regulate disposal in the annular space of an oil or gas well, or in the annular space of a water well associated with exploration and production of oil or gas, of drilling mud, cuttings, and nonhazardous drilling operation wastes, and exempting that disposal from the requirement of a waste disposal permit issued by the Department of Environmental Conservation; and establishing an exemption from the requirement of obtaining a waste disposal permit from the Department of Environmental Conservation for certain activities that yield solid and liquid waste material discharges and cooling water discharges." CSSSHB 128(RES) am is under Unfinished Business. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Environmental Conservation Hazardous Substance Spill Technology Review Council Fiscal Years 1994-1995 Annual Report **The presence of Representative Parnell was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 143 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 143 by Representative B.Davis, entitled: 1995-04-08 House Journal Page 1188 HB 143 "An Act relating to the right of health care recipients or their representatives to obtain their medical records; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. RECONSIDERATION HB 100 Representative Mackie brought up reconsideration of the vote on CSHB 100(FIN) (page 1180). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 100(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." **The presence of Representatives Finkelstein, Ivan and Kelly was noted. The question to be reconsidered: "Shall CSHB 100(FIN) pass the House?" The roll was taken with the following result: CSHB 100(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 13 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1995-04-08 House Journal Page 1189 HB 100 Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Excused: Bunde Absent: MacLean And so, CSHB 100(FIN) passed the House on reconsideration. Representative Vezey moved the appropriations in Sec. 25(a) and Sec. 43 (page 15, lines 22-23) under Art. IX, section 17(c) of the Constitution of the State of Alaska from the constitutional budget reserve fund. The question to be reconsidered: "Shall the House adopt Sec. 25(a) and Sec. 43 (page 15, lines 22-23)?" The roll was taken with the following result: CSHB 100(FIN)--RECONSIDERATION Third Reading Budget Reserve Appropriations Section 25(a) and 43 YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brown, B.Davis, G.Davis, Elton, Finkelstein, 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: Brice, Davies Excused: Bunde Absent: MacLean And so, the budget reserve appropriations were adopted. 1995-04-08 House Journal Page 1190 HB 100 Representative Vezey moved the appropriations in Sec. 39 under Art. IX, section 17(c) of the Constitution of the State of Alaska from the constitutional budget reserve fund. The question to be reconsidered: "Shall the House adopt Sec. 39?" The roll was taken with the following result: CSHB 100(FIN)--RECONSIDERATION Third Reading Budget Reserve Appropriations Section 39 YEAS: 35 NAYS: 3 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, 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: Brice, Brown, Grussendorf Excused: Bunde Absent: MacLean And so, the budget reserve appropriation was adopted. Representative Vezey moved the effective date clause. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 100(FIN)--RECONSIDERATION Third Reading Effective Date YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 1995-04-08 House Journal Page 1191 HB 100 Yeas: Austerman, Barnes, Brice, Brown, B.Davis, G.Davis, Elton, Finkelstein, 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: Davies Excused: Bunde Absent: MacLean And so, the effective date clause was adopted. CSHB 100(FIN) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 225 The following was read the second time: HOUSE BILL NO. 225 "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export African elephants; and providing for an effective date." with the: Journal Page STA REFERRAL WAIVED 791 RES RPT CS(RES) (NT) 5DP 1018 ZERO FISCAL NOTE (F&G) 1019 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. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date." 1995-04-08 House Journal Page 1192 HB 225 There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 225(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 225(RES) was read the third time. The question being: "Shall CSHB 225(RES) pass the House?" The roll was taken with the following result: CSHB 225(RES) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Bunde Absent: Ivan, MacLean, Sanders And so, CSHB 225(RES) 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. The Speaker stated the House would stand at ease. The House stood at ease at 1:32 p.m. 1995-04-08 House Journal Page 1193 AFTER AT EASE The Speaker called the House back to order at 2:04 p.m. SECOND READING OF HOUSE BILLS (continued) HB 237 The following was read the second time: HOUSE BILL NO. 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." with the: Journal Page L&C RPT 3DP 3NR 775 3 ZERO FISCAL NOTES (DCED, LABOR, ADM) 776 JUD RPT CS(JUD) 3DP 1NR 1AM 1020 3 ZERO FNS (LABOR, DCED, ADM) 3/17/95 1021 HELD TO 4/8/95 CALENDAR 1176 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. 237(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Navarre: 1995-04-08 House Journal Page 1194 HB 237 Page 1, line 2, after "claims;" (title amendment): Insert "to confidentiality of workers' compensation medical and rehabilitation information;" Page 1, line 9: Delete "SECTION 7" Insert "SECTION 8" Page 2, line 13: Delete "sec. 7" Insert "sec. 8" Page 4, after line 5: Insert a new bill section to read: "* Sec. 5. AS 23.30.107 is amended to read: Sec. 23.30.107. RELEASE OF INFORMATION. Upon request, an employee shall provide written authority to the employer, carrier, rehabilitation provider, or rehabilitation administrator to obtain medical and rehabilitation information relative to the employee's injury. The medical and rehabilitation information is otherwise confidential and is not a public record under AS 09.25." Renumber the following bill sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; 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." 1995-04-08 House Journal Page 1195 HB 237 Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Mulder was required to vote. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Finkelstein: Page 6, line 21 following "AS 23.30.180" insert: "or was a seasonal worker," Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Porter objected. Representative Mackie moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Mackie was required to vote. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 237(JUD) am Second Reading Amendment No. 3 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Ivan, Navarre, Nicholia, Robinson, Williams, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Bunde Absent: MacLean 1995-04-08 House Journal Page 1196 HB 237 And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 1, lines 6 - 7 (title amendment): Delete "to immunity for employer workplace safety inspections related to workers' compensation insurance;" Page 7, line 26, through page 8, line 6: Delete all material. Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. Representative Brown moved and asked unanimous consent to withdraw Amendment No. 4. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Brown: Page 1, lines 2 - 4 (title amendment): Delete "to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits;" Page 1, line 9: Delete "SECTION 7" Insert "SECTION 6" Page 2, line 13: Delete "sec. 7" Insert "sec. 6" Page 3, lines 3 - 24: Delete all material. Renumber the following bill sections accordingly. 1995-04-08 House Journal Page 1197 HB 237 Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. Representative Brown moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Brown was required to vote. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 237(JUD) am Second Reading Amendment No. 5 YEAS: 10 NAYS: 26 EXCUSED: 1 ABSENT: 3 Yeas: Barnes, Brown, Davies, B.Davis, Finkelstein, Grussendorf, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Brice, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Excused: Bunde Absent: MacLean, Rokeberg, Sanders And so, Amendment No. 5 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB 237(JUD) am be considered engrossed and advanced to third reading. Objection was heard. CSHB 237(JUD) am will be in third reading on the April 10, 1995, calendar. 1995-04-08 House Journal Page 1198 LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the following citation be held to the April 10, 1995, calendar: Honoring - Dzantik'i Heeni Middle School Math Counts Team By Representatives Robinson, Elton; Senator Duncan There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Robert L. Brechan By Representatives Kelly, Vezey, Phillips, Austerman, Brice, B.Davis, G.Davis, Foster, Ivan, James, Kohring, Kubina, Mackie, Mulder, Parnell, Sanders, Toohey, Willis UNFINISHED BUSINESS HB 21 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 1186) on the following at this time: CS FOR HOUSE BILL NO. 21(FIN) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; relating to revocation of a driver's license for illegal possession or use of a firearm by a person at least 13 but not yet 18 years of age; relating to treatment programs required for issuance or reissuance of a driver's license; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 21(FIN) (same title) 1995-04-08 House Journal Page 1199 HB 21 There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 21(FIN), thus adopting SCS CSHB 21(FIN), and recommended that the members vote yes. **The presence of Representative MacLean was noted. The question being: "Shall the House concur in the Senate amendment to CSHB 21(FIN)?" The roll was taken with the following result: SCS CSHB 21(FIN) Concur YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, G.Davis, Elton, Foster, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Bunde Absent: Brice, Finkelstein, Green, Grussendorf, Sanders And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 21(FIN). 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 Vezey moved and asked unanimous consent that the House adopt the House Finance Committee Letter of Intent (page 673). There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 21(FIN) was referred to the Chief Clerk for enrollment. 1995-04-08 House Journal Page 1200 HB 128 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 1187) on the following at this time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(RES) am "An Act relating to the disposal of wastes; giving the Alaska Oil and Gas Conservation Commission authority to regulate disposal in the annular space of an oil or gas well, or in the annular space of a water well associated with exploration and production of oil or gas, of drilling mud, cuttings, and nonhazardous drilling operation wastes, and exempting that disposal from the requirement of a waste disposal permit issued by the Department of Environmental Conservation; and establishing an exemption from the requirement of obtaining a waste disposal permit from the Department of Environmental Conservation for certain activities that yield solid and liquid waste material discharges and cooling water discharges." and SENATE CS FOR CS FOR SS FOR HOUSE BILL NO. 128(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSSSHB 128(RES) am, thus adopting SCS CSSSHB 128(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSSSHB 128(RES) am?" The roll was taken with the following result: SCS CSSSHB 128(RES) Concur YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 1995-04-08 House Journal Page 1201 HB 128 Yeas: Austerman, Barnes, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Bunde Absent: Brice, Grussendorf, Sanders And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 128(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSSSHB 128(RES) was referred to the Chief Clerk for enrollment. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Austerman - from 6:30 a.m., April 14 to 9:00 p.m., plane time, April 17, 1995 Representative Parnell - from 8:00 a.m., April 14 to 10:00 p.m., plane time, April 16, 1995 Representative Moses - from 6:55 p.m., April 12 to 8:48 p.m., plane time, April 17, 1995 HB 237 Representative Foster added his name as cosponsor to: CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' 1995-04-08 House Journal Page 1202 HB 237 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." ENGROSSMENT HB 100 CSHB 100(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 225 CSHB 225(RES) 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. Floor Session: Monday - Thursday, April 10 - 13 Easter Break: Friday - Monday, April 14 - 17 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 10, 1995. There being no objection, the House adjourned at 3:40 p.m., April 8, 1995. Suzi Lowell Chief Clerk