Legislature(1995 - 1996)

1995-04-11 House Journal

Full Journal pdf

1995-04-11                     House Journal                      Page 1231
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Tuesday             April 11, 1995         
                                                                               
                                                                               
                               Eighty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:44 a.m.                                                         
                                                                               
                                                                               
Roll call showed 35 members present.  Representative Ivan was                  
excused due to illness.  Representatives Barnes, Finkelstein, Hanley           
and Navarre were absent.                                                       
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Wayne Coggins             
of the Cornerstone Family Ministries.  Representative Green moved              
and asked unanimous consent that the invocation be spread on the               
journal.  There being no objection, it appears below:                          
                                                                               
"Heavenly Father:                                                             
                                                                               
In this world of thirty second TV spots, public opinion polls                 
and spin doctors, it is often said of politics that `perception is             
everything.'                                                                   
                                                                               
However, Your Word states that if we do what is right, with                   
good motives, that You, our Heavenly Father, who sees in                       
secret will reward us openly.  To You, Lord, perception is                     
NOT everything.                                                                
                                                                               
So, since it is clear that You are more concerned with                        
substance and reality, we pray that You will help us to be                     
people of integrity and conviction -- both on and off the                      
record.                                                                        
                                                                               
                                       1                                       

1995-04-11                     House Journal                      Page 1232
Help us today, Lord.  Give us wisdom in all that we do.                       
                                                                               
Amen."                                                                        
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Green.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 85th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
SB 78                                                                        
A message dated April 10, 1995, was read stating the Governor has              
signed the following bill and is transmitting the engrossed and enrolled       
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
SENATE BILL NO. 78 am                                                         
"An Act related to the authority of certain beverage dispensary               
licensees to stock alcoholic beverages in guest rooms and                      
prohibiting certain room rentals for the purpose of providing                  
alcoholic beverages to a person under 21 years of age."                        
                                                                               
Chapter No. 3, SLA 1995                                                       
	Effective Date:  July 9, 1995                                                 
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 26                                                                        
A message dated April 10, 1995, was read stating the Senate has                
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 26(JUD)                                                 
"An Act amending Rule 15, Alaska Rules of Criminal Procedure,                 
relating to depositions."                                                      
                                                                               

1995-04-11                     House Journal                      Page 1233
HB 26                                                                        
CSHB 26(JUD) was referred to the Chief Clerk for enrollment.                   
                                                                               
A message dated April 10, 1995, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 46                                                                        
CS FOR SENATE BILL NO. 46(RLS) by the Senate Rules                             
Committee, entitled:                                                           
                                                                               
"An Act revising the provision of law under which a minor may                 
be charged, prosecuted, and sentenced as an adult in the district              
court, and adding to the list of offenses for which a minor may be             
prosecuted as an adult in the district court; amending the criminal            
jurisdiction of the district court to provide for the disposition of           
certain offenses relating to possession, control, or consumption of            
alcoholic beverages by a person under 21 years of age and                      
possession of tobacco by a person under 19 years of age; allowing              
a person under age 21 to be arrested by a peace officer without a              
warrant for acts relating to illegal possession, consumption, or               
control of alcohol; and amending the penalty applicable to persons             
under 21 years of age who possess, control, or consume alcoholic               
beverages."                                                                    
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
Speaker Phillips made the following appointment:                               
                                                                               
	Small Business Assistance Compliance Advisory Panel                           
		Janet Jaeger, Anchorage                                                      
                                                                               
                                                                               

1995-04-11                     House Journal                      Page 1234
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 28                                                                        
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 28                                                             
"An Act relating to the possession of weapons within the grounds              
of or on the parking lot of preschools, elementary, junior high, and           
secondary schools or while participating in a school-sponsored                 
event; requiring the expulsion or suspension of students possessing            
deadly weapons on school grounds; and relating to school lockers               
and other containers provided in a public or private school by the             
school or the school district."                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 28(FIN)                                                 
"An Act relating to the possession of weapons within the buildings            
of, grounds of, or on the parking lot of preschools, elementary,               
junior high, and secondary schools or while participating in a                 
school-sponsored event; requiring the expulsion or suspension of               
students possessing deadly weapons on school grounds; requiring                
reports to the Department of Education concerning those                        
expulsions or suspensions; and relating to school lockers and other            
containers provided in a public or private school by the school or             
the school district."                                                          
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4):  Hanley, Mulder, Kohring, Therriault                              
                                                                               
No recommendation (6):  Martin, Grussendorf, Navarre, Brown, Kelly,            
Foster                                                                         
                                                                               
The following fiscal notes apply to CSHB 28(FIN):                              
                                                                               
Zero fiscal note, Dept. of Public Safety, 2/22/95                              
Zero fiscal note, Dept. of Education, 2/22/95                                  
                                                                               
HB 28 was referred to the Rules Committee for placement on the                 
calendar.                                                                      

1995-04-11                     House Journal                      Page 1235
HB 127                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 127                                                            
"An Act increasing the minimum term of imprisonment for                       
assaults in the fourth degree committed against a peace officer, fire          
fighter, correctional officer, emergency medical technician,                   
paramedic, ambulance attendant, or other emergency responders."                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 127(JUD)                                                
"An Act relating to penalties for certain offenses committed                  
against a peace officer, fire fighter, correctional employee,                  
emergency medical technician, paramedic, ambulance attendant, or               
other emergency responders."                                                   
                                                                               
The report was signed by Representative Hanley, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (6):  Martin, Therriault, Parnell, Grussendorf, Kelly, Hanley          
                                                                               
The following fiscal notes apply to CSHB 127(JUD):                             
                                                                               
Fiscal note, Dept. of Corrections, 2/22/95                                     
Zero fiscal note, Dept. of Administration, 3/22/95                             
Zero fiscal note, Dept. of Public Safety, 2/22/95                              
Zero fiscal note, Dept. of Law, 2/22/95                                        
                                                                               
HB 127 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 279                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 279                                                            
"An Act relating to a municipal river habitat protection tax credit."         
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 279(RES)                                                
(same title)                                                                  

1995-04-11                     House Journal                      Page 1236
HB 279                                                                       
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Davies, Kott, Ogan, Williams, Green                              
                                                                               
No recommendation (3):  Nicholia, Austerman, Barnes                            
                                                                               
The following fiscal note applies to CSHB 279(RES):                            
                                                                               
Zero fiscal note, Dept. of Fish & Game, 4/11/95                                
                                                                               
HB 279 was referred to the Finance Committee.                                  
                                                                               
**The presence of Representative Finkelstein was noted.                        
                                                                               
HB 287                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE BILL NO. 287                                                            
"An Act relating to outdoor advertising on trash receptacles and              
restrictions on outdoor advertising."                                          
                                                                               
The report was signed by Representative G.Davis, Chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (1):  G.Davis                                                          
                                                                               
No recommendation (4):  Williams, Sanders, Brice, Masek                        
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 4/11/95         
                                                                               
HB 287 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       

1995-04-11                     House Journal                      Page 1237
Honoring - Corporal Justin Patterson                                           
By Representative Bunde                                                        
                                                                               
Honoring - Camp Fire Boys and Girls                                            
By Representative Bunde                                                        
                                                                               
In Memoriam - Patrick William Housler "Cak'all"                                
By Senators Hoffman, Adams, Lincoln, Duncan, Zharoff, Ellis;                   
Representatives Nicholia, Foster, Grussendorf, Ivan, Moses                     
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 15                                                                       
HOUSE CONCURRENT RESOLUTION NO. 15 by Representative                           
Nicholia:                                                                      
                                                                               
Relating to Alcohol-Related Birth Defects Awareness Week.                     
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 305                                                                       
HOUSE BILL NO. 305 by the House Finance Committee, entitled:                   
                                                                               
"An Act making appropriations to satisfy the agreed upon                      
monetary terms of a collective bargaining agreement for certain                
employees of the University of Alaska; and providing for an                    
effective date."                                                               
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 306                                                                       
HOUSE BILL NO. 306 by Representative Toohey, entitled:                         
                                                                               

1995-04-11                     House Journal                      Page 1238
HB 306                                                                       
"An Act relating to a lien for services provided by a physician."             
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 44                                                                        
The following was read the second time:                                        
                                                                               
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."                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) NEW TITLE 4DP 3NR                                441         
	FISCAL NOTE (REV)                                                 441         
	ADDITIONAL REFERRAL TO FIN                                        509         
	JUD RPT  CS(JUD) NEW TITLE 5DP 1NR                                632         
	FISCAL NOTE (REV) 2/22/95                                         633         
	FIN RPT  CS(FIN) NT 5DP 2NR 4AM                                   767         
	FISCAL NOTE (REV) 2/22/95                                         768         
                                                                               
**The presence of Representative Navarre was noted.                            
                                                                               
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. 44(FIN)                                                 
"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;                  

1995-04-11                     House Journal                      Page 1239
HB 44                                                                        
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; relating to              
municipal regulation of multiple-beneficiary charitable gaming;                
relating to the sale of pull-tabs and to bingo games; 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."                                              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Mulder:                          
                                                                               
Page 1, line 1 (title amendment):                                              
	Delete "providing that"                                                     
                                                                               
Page 1, lines 2 - 4 (title amendment):                                         
	Delete all material.                                                          
                                                                               
Page 1, line 5 (title amendment):                                              
	Delete "campaign organizations, or to political groups;"                    
                                                                               
Page 1, lines 6 - 7 (title amendment):                                         
	Delete "sale of pull-tabs and to bingo games;"                              
	Insert "identification to the public of each permittee that will             
benefit from the sale of each pull-tab series and each bingo                   
session;"                                                                     
                                                                               
Page 1, line 8, after "raffles" (title amendment):                           
	Insert ", and relating to those raffles"                                    
                                                                               
Page 1, lines 8 - 9 (title amendment):                                         
	Delete "relating to what is a qualified organization for the                 
purpose of charitable gaming permitting;"                                     
                                                                               
Page 4, line 4, through page 5, line 10:                                       
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1995-04-11                     House Journal                      Page 1240
HB 44                                                                        
Page 5, line 17:                                                               
	Delete "Educational"                                                          
	Insert "Political, educational"                                               
                                                                               
Page 5, lines 18 - 19:                                                         
	Delete ""Political uses" has the meaning given in AS                          
05.15.150(c)."                                                                 
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Martin objected.                                                
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
Representative Martin rose to a point of order, stating the amendment          
was not properly before the body.                                              
                                                                               
The Speaker ruled that the amendment was germaine.                             
                                                                               
Representative Martin moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard and Representative Martin was required to vote.                      
                                                                               
Representative Mulder placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 44(FIN)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton,                  
Finkelstein, Foster, Grussendorf, Kott, Kubina, Mackie, MacLean,               
Masek, Mulder, Navarre, Nicholia, Phillips, Robinson, Sanders,                 
Williams, Willis                                                               

1995-04-11                     House Journal                      Page 1241
HB 44                                                                        
Nays:  Austerman, Bunde, Green, Hanley, James, Kelly, Kohring,                 
Martin, Moses, Ogan, Parnell, Porter, Rokeberg, Therriault, Toohey,            
Vezey                                                                          
                                                                               
Excused:  Ivan                                                                 
                                                                               
                                                                               
And so, Amendment No. 1 was adopted, and the new title appears                 
below:                                                                         
                                                                               
                                                                               
CS FOR HOUSE BILL NO 44(FIN) am                                               
"An Act relating to reporting by permitteees, licensees, and                  
vendors; relating to municipal regulation of multiple-beneficiary              
charitable gaming; relating to the identification to the public of             
each permittee that will benefit from the sale of each pull-tab                
series and each bingo session; providing that a political group is             
not a qualified organization for purposes of charitable gaming,                
other than raffles, and relating to those rafles; and providing for an         
effective date."                                                               
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/11         
                                                                               
Minority Caucus                                     upon at ease, 4/11         
                                                                               
                                                                               
The Speaker stated the House would stand at ease; and so, the House            
stood at ease at 11:23 a.m.                                                    
                                                                               
                                                                               
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 1:28 p.m.                                
                                                                               
A second quorum call showed 29 members present.                                
                                                                               

1995-04-11                     House Journal                      Page 1242
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 44                                                                        
The Speaker stated that, without objection, CSHB44(FIN) am would               
be moved to the bottom of the calendar.  There being no objection, it          
was so ordered.                                                                
                                                                               
                                                                               
HB 168                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 168                                                            
"An Act relating to temporary permits for certain optometrists."              
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) 5DP                                              772         
	ZERO FISCAL NOTE (DCED)                                           772         
	L&C RPT  CS(HES) 3DP 2NR                                         1004         
	ZERO FISCAL NOTE (DCED) 3/17/95                                  1004         
                                                                               
                                                                               
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. 168(HES)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB168(HES) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 168(HES) was read the third time.                                         
                                                                               
                                                                               
The question being:  "Shall CSHB 168(HES) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               

1995-04-11                     House Journal                      Page 1243
HB 168                                                                       
                                                                               
CSHB 168(HES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  0   EXCUSED:  1   ABSENT:  7                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Green, Grussendorf, Hanley, James, Kelly, Kohring,             
Kott, Kubina, MacLean, Masek, Mulder, Navarre, Nicholia, Ogan,                 
Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey,         
Willis                                                                         
                                                                               
Excused:  Ivan                                                                 
                                                                               
Absent:  Finkelstein, Foster, Mackie, Martin, Moses, Therriault,               
Williams                                                                       
                                                                               
And so, CSHB 168(HES) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
HB 220                                                                       
The following was read the second time:                                        
                                                                               
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."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) 5DP                                              638         
	FISCAL NOTE (DCED)                                                638         
	FIN RPT  CS(L&C) 7DP 4NR                                          774         
	FISCAL NOTE (DCED) 3/8/95                                         775         
                                                                               

1995-04-11                     House Journal                      Page 1244
HB 220                                                                       
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. 220(L&C)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB220(L&C) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 220(L&C) was read the third time.                                         
                                                                               
**Representative Foster was excused due to illness.                            
                                                                               
The question being:  "Shall CSHB 220(L&C) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 220(L&C)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly,         
Kohring, Kott, Kubina, Mackie, MacLean, Masek, Mulder, Navarre,                
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,        
Therriault, Toohey, Vezey, Willis                                              
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Martin, Moses, Williams                                               
                                                                               
And so, CSHB 220(L&C) 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.           

1995-04-11                     House Journal                      Page 1245
HB 220                                                                       
CSHB 220(L&C) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 62                                                                        
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 62                                                            
"An Act relating to birth certificates for certain foreign born               
persons who are adopted."                                                      
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  5DP  1NR                                                 894         
	SENATE ZERO FN (DHSS) 2/15/95                                     894         
                                                                               
Representative Vezey moved and asked unanimous consent that SB 62              
be considered engrossed, advanced to third reading and placed on final         
passage.                                                                       
                                                                               
Representative Davies objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
SB 62 was read the third time.                                                 
                                                                               
The question being:  "Shall SB 62 pass the House?"  The roll was               
taken with the following result:                                               
                                                                               
SB 62                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly,         
Kohring, Kott, Kubina, Mackie, MacLean, Masek, Mulder, Navarre,                
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,        
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               

1995-04-11                     House Journal                      Page 1246
SB 62                                                                        
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Martin, Moses                                                         
                                                                               
And so, SB 62 passed the House, was signed by the Speaker and Chief            
Clerk and returned to the Senate.                                              
                                                                               
                                                                               
SB 68                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 68(HES) am                                             
"An Act relating to the donation to a food bank of hatchery                   
salmon, to the donation of food by meat processors, seafood                    
processors, manufacturers, packers, processors, bottlers, and similar          
entities, and to who qualifies as a food bank."                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH REFERRAL WAIVED                                               824         
	HES RPT HCS(HES) TECH TITLE CHANGE 5DP                           1023         
	SENATE ZERO FN (DEC) 2/16/95                                     1024         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute with a technical title change be adopted        
in lieu of the original bill:                                                  
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 68(HES)                                   
"An Act relating to the donation to a food bank of hatchery                   
salmon, to the donation of food by meat processors, seafood                    
processors, manufacturers, packers, processors, bottlers, and similar          
entities, and to who qualifies as a food bank; and providing for an            
effective date."                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that HCS                
CSSB 68(HES) be considered engrossed, advanced to third reading and            
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
HCS CSSB 68(HES) was read the third time.                                      

1995-04-11                     House Journal                      Page 1247
SB 68                                                                        
The question being:  "Shall HCS CSSB 68(HES) pass the House?"                  
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 68(HES)                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly,         
Kohring, Kott, Kubina, Mackie, MacLean, Masek, Moses, Mulder,                  
Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,        
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Martin                                                                
                                                                               
And so, HCS CSSB 68(HES) 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.           
                                                                               
HCS CSSB 68(HES) was referred to the Chief Clerk for engrossment.              
                                                                               
                                                                               
HB 44                                                                        
The following, which had been moved to the bottom of the calendar              
(page 1242), was again before the House in second reading:                     
                                                                               
CS FOR HOUSE BILL NO 44(FIN) am                                               
"An Act relating to reporting by permitteees, licensees, and                  
vendors; relating to municipal regulation of multiple-beneficiary              
charitable gaming; relating to the identification to the public of             
each permittee that will benefit from the sale of each pull-tab                
series and each bingo session; providing that a political group is             
not a qualified organization for purposes of charitable gaming,                
other than raffles, and relating to those rafles; and providing for an         
effective date."                                                               

1995-04-11                     House Journal                      Page 1248
HB 44                                                                        
Amendment No. 2 was offered  by Representative Elton:                           
                                                                               
Page 1, line 9, after "permitting;" (title amendment):                       
	Insert "relating to the pull-tab tax;"                                      
                                                                               
Page 5, after line 27:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 9. AS05.15.184 is amended to read:                                
	Sec. 05.15.184.  PULL-TAB TAX.  A pull-tab distributor shall                 
collect a tax of five [THREE] percent of an amount equal to the            
gross receipts less prizes awarded on each series of pull-tabs                 
distributed.  The pull-tab distributor shall pay to the department             
the tax collected in the preceding month at the time that the report           
under AS05.15.183(d) is filed with the department."                            
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Elton moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Representative Vezey objected.                                                 
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  14   NAYS:  24   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein,               
Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson, Willis              
                                                                               
Nays:  Austerman, Barnes, G.Davis, Green, Hanley, James, Kelly,                
Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell,            
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams                                                                       
                                                                               

1995-04-11                     House Journal                      Page 1249
HB 44                                                                        
Excused:  Foster, Ivan                                                         
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was not offered.                                               
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Brown:                           
                                                                               
Page 1, line 1, following "Act" (title amendment):                           
	Insert "relating to the maximum amount of prizes that can be                 
awarded if a permittee contracts with an operator;"                           
                                                                               
Page 5, following line 27:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 9.  AS05.15.180(g) is amended to read:                            
	(g)  A municipality or a qualified organization may award a                  
maximum of $1,000,000 in prizes each year in activities                        
authorized under this chapter; however, if a municipality or a                 
qualified organization contracts with an operator to conduct on its            
behalf activities authorized under this chapter, the municipality or           
qualified organization may award a maximum of $300,000                     
[$500,000] in prizes each year.  The holders of a multiple-                    
beneficiary permit under AS05.15.100(d) may award a maximum                    
in prizes each year of $1,000,000 times the number of holders of               
the permit for activities authorized under this chapter.  In this              
subsection, "activities authorized under this chapter" means all           
activities subject to this chapter other than bingo."                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Vezey objected.                                                 
                                                                               
Representative Davies rose to a point of order regarding whether the           
debate was relevant to the amendment.                                          
                                                                               
The Speaker ruled the debate in order.                                         

1995-04-11                     House Journal                      Page 1250
HB 44                                                                        
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, MacLean, Navarre, Nicholia, Robinson,                     
Rokeberg, Willis                                                               
                                                                               
Nays:  Austerman, Bunde, G.Davis, Green, Hanley, James, Kelly,                 
Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell,            
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
And so, Amendment No. 4 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representatives Davies and Brice:               
                                                                               
Page 1, line 1, following "Act" (title amendment):                           
	Insert "relating to license fees for manufacturers of pull tabs;"           
                                                                               
Page 5, following line 27:                                                     
	Insert a new bill section to read:                                            
   "* Sec. 9.  AS 05.15.181(b) is amended to read:                           
	(b) The department may issue a pull-tab manufacturer's license               
to a person who pays an annual fee of $5,000 [$2,500]."                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Representative Martin objected.                                                
                                                                               

1995-04-11                     House Journal                      Page 1251
HB 44                                                                        
The question being:  "Shall Amendment No. 5 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  13   NAYS:  24   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Kubina, Mackie, MacLean, Navarre, Robinson, Willis                             
                                                                               
Nays:  Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley,                  
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Nicholia,           
Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey,          
Williams                                                                       
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Sanders                                                               
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Barnes:                          
                                                                               
Page 1, line 1 (title amendment):                                              
	After "Act"                                                                 
	Insert "prohibiting the sale of pull-tabs as a charitable gaming             
activity;"                                                                    
	Delete "permittees, licensees, and vendors"                                 
	Insert "permittees and licensees"                                           
                                                                               
Page 1, line 6 (title amendment):                                              
	Delete "the sale of pull-tabs and to"                                       
                                                                               
Page 2, lines 3 - 4:                                                           
	Delete ", licenses, and vendor registrations"                                 
	Insert "and [,] licenses [, AND VENDOR REGISTRATIONS]"                    
                                                                               

1995-04-11                     House Journal                      Page 1252
HB 44                                                                        
Page 2, lines 10 - 11:                                                         
	Delete ", licenses, and vendor registrations"                                 
	Insert "and [,] licenses [, AND VENDOR REGISTRATIONS]"                    
                                                                               
                                                                               
Page 2, line 15:                                                               
	Delete "registered vendors,"                                                  
	Insert "[REGISTERED VENDORS,]"                                                
                                                                               
                                                                               
Page 2, lines 16 - 17:                                                         
	Delete "registered vendors,"                                                  
	Insert "[REGISTERED VENDORS,]"                                                
                                                                               
Page 2, line 30, following "permittee":                                        
	Delete ","                                                                    
	Insert "or [,]"                                                           
                                                                               
Page 2, line 31, through page 3, line 1:                                       
	Delete ", or a registered vendor"                                             
	Insert "[, OR A REGISTERED VENDOR]"                                           
                                                                               
Page 3, line 1:                                                                
	Delete ", a license, or a vendor registration"                                
	Insert "or [,] a license [, OR A VENDOR REGISTRATION]"                    
                                                                               
Page 3, following line 15:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 2.  AS05.15.070 is amended to read:                               
	Sec. 05.15.070.  EXAMINATION OF BOOKS AND                                    
RECORDS.  The department may examine or have examined the                      
books and records of a permittee or [,] an operator [, A                   
REGISTERED VENDOR, OR A PERSON LICENSED TO                                     
MANUFACTURE OR TO DISTRIBUTE PULL-TAB GAMES IN                                 
THE STATE].  The department may issue subpoenas for the                        
attendance of witnesses and the production of books, records, and              
other documents.                                                               
   * Sec. 3.  AS05.15.095(a) is amended to read:                             
	(a)  The applications and reports to the department required by              
this chapter shall be signed under penalty of unsworn falsification            
by the following person, as applicable:                                        

1995-04-11                     House Journal                      Page 1253
HB 44                                                                        
		(1)  the member in charge for the qualified organization;                   
		(2)  a person authorized to sign on behalf of the                           
municipality; or                                                           
		(3)  the operator or the operator's agent [;                                
		(4)  THE LICENSED PULL-TAB DISTRIBUTOR OR                                   
THE DISTRIBUTOR'S AGENT; OR                                                    
		(5)  THE LICENSED PULL-TAB MANUFACTURER                                     
OR THE MANUFACTURER'S AGENT].                                                  
   * Sec. 4.  AS05.15.100(a) is amended to read:                             
	(a)  The department may issue a permit to a municipality or                  
qualified organization.  The permit gives the municipality or                  
qualified organization the privilege of conducting bingo, raffles              
and lotteries, [PULL-TAB GAMES,] ice classics, rain classics,                  
goose classics, mercury classics, canned salmon classics, salmon               
classics, king salmon classics, dog mushers' contests, fish derbies,           
and contests of skill."                                                        
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, following line 22:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 6.  AS05.15.105(a) is amended to read:                            
	(a)  If a person has been convicted of a violation of a law of               
this state that is, or a law or ordinance of another jurisdiction that         
would be if it had been committed in this state, a felony, or a                
violation of a law or ordinance of this state or another jurisdiction          
that is a crime involving theft or dishonesty or a violation of                
gambling laws, the                                                         
                                                                               
		(1)  [THE] department may not issue a license to the                        
person;                                                                        
		(2)  [THE] department may not issue a license to [, OR                      
REGISTER ASA VENDOR,] an applicant who employs the                             
person in a managerial or supervisory capacity or uses the person              
as a fund raiser or consultant;                                                
		(3)  [THE] department may not issue a permit for an                         
activity if the person is responsible for the operation of the                 
activity;                                                                      
		(4)  [THE] person may not be employed in a managerial                       
or supervisory capacity by a licensee [OR VENDOR] or used as                   
a fund raiser or consultant by a licensee [OR VENDOR];                         

1995-04-11                     House Journal                      Page 1254
HB 44                                                                        
		(5)  [THE] person may not participate in charitable                         
gaming as a permittee or [,] licensee [, OR VENDOR].                       
   * Sec. 7.  AS05.15.115(c) is amended to read:                             
	(c)  A permittee may not contract with more than one operator                
at a time to conduct the same type of activity.  For the purposes              
of this subsection, bingo games, raffles, lotteries, [PULL-TAB                 
GAMES,] ice classics, rain classics, goose classics, mercury                   
classics, canned salmon classics, salmon classics, king salmon                 
classics, dog mushers' contests, fish derbies, contests of skill, and          
all activities permitted under AS05.15.100(b) are each a different             
type of activity."                                                             
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 3, lines 28 - 29:                                                         
	Delete ", [OR] VENDORS,"                                              
	Insert "[OR VENDORS,]"                                                        
                                                                               
Page 4, line 1:                                                                
	Delete "or a vendor"                                                          
	Insert "[OR A VENDOR]"                                                        
                                                                               
Page 4, following line 3:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 10.  AS05.15.128(a) is amended to read:                           
	(a)  The department shall revoke the license of an operator                  
who does not                                                                   
		(1)  report an adjusted gross income of at least 15 percent                 
of gross income annually based on the total operation of the                   
operator; or                                                                   
		(2)  pay to each authorizing permittee annually at least [30                
PERCENT OF THE ADJUSTED GROSS INCOME,                                          
ASDETERMINED UNDER (1) OF THIS SUBSECTION, FROM                                
A PULL-TAB ACTIVITY OR AT LEAST] 10 percent of the                             
adjusted gross income, as determined under (1) of this subsection              
[, FROM A GAMING ACTIVITY OTHER THAN PULL-TABS,]                               
received from activities conducted on behalf of the authorizing                
permittee."                                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1995-04-11                     House Journal                      Page 1255
HB 44                                                                        
Page 4, lines 19 - 20:                                                         
	Delete "or pull-tab"                                                          
	Insert "[OR PULL-TAB]"                                                        
                                                                               
                                                                               
Page 5, following line 23:                                                     
	Insert new bill sections to read:                                             
   "* Sec. 14.  AS05.15.160(d) is amended to read:                           
	(d)  The total amount of authorized expenses that may be                     
incurred under (a) of this section in connection with any gaming               
activity [OTHER THAN PULL-TABS] may not exceed 90 percent                      
of the adjusted gross income from that gaming activity.                        
                                                                               
   * Sec. 15.  AS05.15.170 is amended to read:                               
	Sec. 05.15.170.  SUSPENSION OR REVOCATION OF                                 
PERMIT OR [,] LICENSE [, OR VENDOR REGISTRATION].                          
(a)  The department may suspend, for a period of up to one year,               
or revoke a permit or [,] license [, OR VENDOR                             
REGISTRATION,] after giving notice to and an opportunity to be                 
heard by the permittee or licensee [,] if the permittee or [,]             
licensee [, OR VENDOR]                                                         
		(1)  violates or fails to comply with a requirement of this                 
chapter or of a regulation adopted under this chapter;                         
		(2)  breaches a contractual agreement with a permittee or               
[,] licensee [, OR REGISTERED VENDOR];                                         
		(3)  becomes disqualified to participate in charitable                      
gaming as provided in AS05.15.105; for the purposes of this                    
paragraph, a permittee or [,] licensee [, OR VENDOR] that is not           
a natural person is considered convicted if an owner or manager                
of the permittee or [,] licensee [, OR VENDOR] is convicted; or        
                                                                               
		(4)  knowingly submits false information to the                             
department [OR, IN THE CASE OF A REGISTERED VENDOR,                            
TO A PERMITTEE WHEN THE VENDOR KNOWS THAT THE                                  
FALSE INFORMATION WILL BE SUBMITTED TO THE                                     
DEPARTMENT ASPART OF AN APPLICATION FOR                                        
REGISTRATION; OR                                                               
                                                                               
		(5)  GIVES OR ACTS UPON ANY INSIDE                                          
INFORMATION ON THE STATUS OF THE PRIZES                                        
AWARDED OR TO BE AWARDED IN A PULL-TAB GAME].                                  

1995-04-11                     House Journal                      Page 1256
HB 44                                                                        
	(b)  If the department revokes a license [OR VENDOR                          
REGISTRATION] under this section, it may prohibit the licensee                 
[OR VENDOR] from reapplying for a license [OR VENDOR                           
REGISTRATION] for a period of not more than five years. If the                 
department revokes a permit under this section, it may prohibit the            
permittee from reapplying for a permit for a period of not more                
than one year.                                                                 
   * Sec. 16.  AS05.15.180(b) is amended to read:                            
	(b)  With the exception of raffles, lotteries, bingo games,                  
[PULL-TAB GAMES,] rain classics, goose classics, mercury                       
classics, canned salmon classics, salmon classics, king salmon                 
classics, and other activities authorized under AS05.15.100(b), an             
activity may not be licensed under this chapter unless it existed in           
the state in substantially the same form and was conducted in                  
substantially the same manner before January1, 1959."                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 5, lines 28 - 31:                                                         
	Delete all material.                                                          
	Insert new bill sections to read:                                             
   "* Sec. 18.  AS05.15.620(c) is amended to read:                           
	(c)  If a majority of the voters vote "yes" on the question set              
out in (a) [OR (b)] of this section, the department shall be notified          
immediately after certification of the results of the election and             
thereafter the department may not issue a license or [,] permit [,         
OR VENDOR REGISTRATION] authorizing charitable gaming                          
[OR PULL-TAB SALES, ASAPPROPRIATE,] within the                                 
boundaries of a municipality and in unincorporated areas within                
five miles of the boundaries of the municipality or within the                 
perimeter of an established village.  As necessary to implement the            
results of an election under (a) [OR (b)] of this section, existing            
licenses and [,] permits [, AND VENDOR REGISTRATIONS] for                  
charitable gaming [OR PULL-TAB SALES] within the boundaries                    
of a municipality and in unincorporated areas within five miles of             
the boundaries of the municipality or within the perimeter of an               
established village are void 90 days after the results of the election         
are certified.  A license [OR VENDOR REGISTRATION] that                        
will expire during the 90 days after the results of a local option             
election under this section are certified is void as of the expiration         
date.                                                                          

1995-04-11                     House Journal                      Page 1257
HB 44                                                                        
   * Sec. 19.  AS05.15.680(b) is amended to read:                            
	(b)  A person who, with the intent to mislead a public servant               
in the performance of the public servant's duty, submits a false               
statement in an application for a permit or [,] license [, OR              
VENDOR REGISTRATION] under this chapter is guilty of                           
unsworn falsification."                                                        
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 6, following line 9:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 21.  AS05.15.060(b), 05.15.160(c), 05.15.181, 05.15.183,          
05.15.184, 05.15.185, 05.15.187, 05.15.188, 05.15.620(b),                      
05.15.690(22), 05.15.690(33), 05.15.690(39), and 05.15.690(40) are             
repealed."                                                                     
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Representative Barnes moved and asked unanimous consent that                   
Amendment No. 6 be adopted.                                                    
                                                                               
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Mulder                                                         
Representative Brown                                                          
Representative Robinson                                                       
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
                                                                               
The Speaker stated that, without objection, Amendment No. 6 would              
be moved to the bottom of the amendments.  There being no objection,           
it was so ordered.                                                             
                                                                               

1995-04-11                     House Journal                      Page 1258
HB 44                                                                        
Amendment No. 7 was not offered.                                               
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 2, following "use of" (title amendment):                        
	Insert "certain"                                                            
                                                                               
Page 1, lines 2 - 3 (title amendment):                                         
	Delete ", other than proceeds from raffles"                                 
                                                                               
Page 1, line 3, following "contribution of" (title amendment):               
	Insert "certain"                                                            
                                                                               
Page 1, lines 3 - 4 (title amendment):                                         
	Delete ", other than proceeds from raffles,"                                
                                                                               
Page 1, line 4, following "offices" (title amendment):                       
	Delete ","                                                                  
	Insert "or"                                                                 
                                                                               
Page 1, line 5 (title amendment):                                              
	Delete ", or to political groups"                                           
                                                                               
Page 1, lines 7 - 9 (title amendment):                                         
	Delete "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;"                                               
                                                                               
Page 3, lines 16 - 26:                                                         
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 4, lines 14 - 16:                                                         
	Delete "[OR THROUGH AIDING CANDIDATES FOR PUBLIC                              
OFFICE OR GROUPS THAT SUPPORT CANDIDATES FOR                                   
PUBLIC OFFICE,]"                                                               
	Insert "or through aiding [CANDIDATES FOR PUBLIC OFFICE                       
OR] groups that support candidates for public office,"                         

1995-04-11                     House Journal                      Page 1259
HB 44                                                                        
Page 4, line 22, following "raffles,":                                     
	Insert                                                                        
		"(i)  by an organization, other than a political                        
organization,"                                                               
                                                                               
                                                                               
Page 4, line 26, following "party;":                                       
	Insert                                                                        
		"(ii)  by a political organization, to a candidate                      
for a public office of the state or a political subdivision                    
of the state or to the candidate's campaign                                    
organization;"                                                               
                                                                               
                                                                               
Page 5, lines 6 - 23:                                                          
	Delete all material.                                                          
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 6, lines 1 - 9:                                                           
	Delete all material.                                                          
                                                                               
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 8 be adopted.                                                    
                                                                               
                                                                               
Representative Mackie objected.                                                
                                                                               
                                                                               
Representative Willis moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard and Representative Willis was required to vote.                      
                                                                               
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           

1995-04-11                     House Journal                      Page 1260
HB 44                                                                        
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  9   NAYS:  21   EXCUSED:  2   ABSENT:  8                              
                                                                               
Yeas:  Barnes, Brown, Davies, Elton, Finkelstein, Kohring, Kott,               
Robinson, Willis                                                               
                                                                               
Nays:  Austerman, G.Davis, Green, Grussendorf, James, Kelly, Mackie,           
MacLean, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips,              
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Brice, Bunde, B.Davis, Hanley, Kubina, Moses, Nicholia,               
Williams                                                                       
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Representative Navarre moved and asked unanimous consent that he               
be allowed to abstain from voting due to a conflict of interest.               
Objection was heard and Representative Navarre was required to vote.           
                                                                               
Amendment No. 9 was not offered.                                               
                                                                               
Representative MacLean placed a call of the House.                             
                                                                               
Amendment No. 10 was offered  by Representative Willis:                         
                                                                               
Page 1, line 3, after "proceeds from raffles" (title amendment):             
                                                                               
Insert "and bingo"                                                          
                                                                               
Page 1, line 4, after "other than proceeds from raffles" (title              
amendment):                                                                    
                                                                               
Insert "bingo"                                                              
                                                                               

1995-04-11                     House Journal                      Page 1261
HB 44                                                                        
Page 1, line 8, after "other than raffles" (title amendment):                
                                                                               
Insert "and bingo"                                                          
                                                                               
Page 4, line 22, after "other than raffles":                               
                                                                               
Insert "and bingo"                                                        
                                                                               
Page 5, line 1, after "derived from raffles":                              
                                                                               
Insert "and bingo,"                                                     
                                                                               
Page 5, line 12, after "POLITICAL ORGANIZATION RAFFLES":                       
                                                                               
Insert "AND BINGO"                                                            
                                                                               
Page 5, line 13, after "may conduct raffles":                                  
                                                                               
Insert "and bingo"                                                            
Page 5, line 15, after "the net proceeds of the raffles":                      
                                                                               
Insert "and bingo,"                                                           
                                                                               
Representative Willis moved and asked unanimous consent that                   
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
Representative MacLean lifted the call.                                        
                                                                               
The question being:  "Shall Amendment No. 10 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  13   NAYS:  23   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Brown, Davies, Elton, Finkelstein, Green, Grussendorf, Kubina,          
Mackie, MacLean, Navarre, Nicholia, Robinson, Willis                           

1995-04-11                     House Journal                      Page 1262
HB 44                                                                        
Nays:  Austerman, Barnes, Bunde, G.Davis, Hanley, James, Kelly,                
Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips,          
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Brice, B.Davis                                                        
                                                                               
And so, Amendment No. 10 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 11 was not offered.                                              
                                                                               
                                                                               
Amendment No. 12 was offered  by Representatives Finkelstein and                
Mulder:                                                                        
                                                                               
Page 5, after line 28 through line 31:                                         
                                                                               
Delete all material and insert a new subsection to read:                      
                                                                               
	"(j) Prior to the sale of any pull-tab games, operators, vendors             
and permittees shall clearly identify to the public the permittee that         
will benefit from the sale of that pull-tab series.  Such notice shall         
be posted so that it is clearly visible in a location in close                 
proximity to where the sale of pull-tabs occurs."                              
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Martin objected.                                                
                                                                               
The question being:  "Shall Amendment No. 12 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  30   NAYS:  5   EXCUSED:  2   ABSENT:  3                              

1995-04-11                     House Journal                      Page 1263
HB 44                                                                        
Yeas:  Austerman, Barnes, Brown, Davies, G.Davis, Elton, Finkelstein,          
Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Mackie,               
MacLean, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,            
Porter, Robinson, Rokeberg, Sanders, Therriault, Williams, Willis              
                                                                               
Nays:  Bunde, Martin, Moses, Toohey, Vezey                                     
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  Brice, B.Davis, Kubina                                                
                                                                               
And so, Amendment No. 12 was adopted.                                          
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/11         
                                                                               
Minority Caucus                                     upon at ease, 4/11         
                                                                               
The Speaker stated the House would stand at ease; and so, the House            
stood at ease at 3:59 p.m.                                                     
                                                                               
                                                                               
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 4:33 p.m.                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 44                                                                        
Amendment No. 13 to CSHB 44(FIN) as amended by Amendment No.                   
1 was offered by Representative Hanley:                                        
                                                                               
Page 1, delete the title of the bill and insert a new title to read:           
	""An Act relating to reporting by permittees, licensees, and                 
vendors; relating to municipal regulation of multiple-beneficiary              
charitable gaming; providing that a political group is not a                   
qualified organization for purposes of charitable gaming, other                

1995-04-11                     House Journal                      Page 1264
HB 44                                                                      
than raffles, and relating to those raffles; relating to                      
identification to the public of each permittee that will benefit               
from the sale of each pull-tab series and each bingo session;                  
relating to political uses of charitable gaming proceeds; and                  
providing for an effective date.""                                            
                                                                               
Following Bill Section 4:                                                      
	Insert a new bill section to read:                                            
   "* Sec. 5.  AS05.15.150(a) is amended to read:                            
	(a)  The authority to conduct the activity authorized by this                
chapter is contingent upon the dedication of the net proceeds of               
the charitable gaming activity to the awarding of prizes to                    
contestants or participants and to political, educational, civic,              
public, charitable, patriotic, or religious uses in the state. "Political,     
educational, civic, public, charitable, patriotic, or religious uses"          
means uses benefiting persons either by bringing them under the                
influence of education or religion or relieving them from disease,             
suffering, or constraint, or by assisting them in establishing                 
themselves in life, or by providing for the promotion of the                   
welfare and well-being of the membership of the organization                   
within their own community, or through aiding candidates for                   
public office [OR GROUPS THAT SUPPORT CANDIDATES                               
FOR PUBLIC OFFICE,] or by erecting or maintaining public                       
buildings or works, or lessening the burden on government, but                 
does not include                                                               
		(1)  the direct or indirect                                                 
		(A)  payment of any portion of the net proceeds of a                   
bingo or pull-tab game to a lobbyist registered under                          
AS24.45;                                                                       
		(B)  contribution of any portion of the net proceeds                     
of a charitable gaming activity to a political party as                        
defined under AS15.60, or to an organization or club                           
organized under or formally affiliated with a political                        
party; or                                                                    
		(2)  the erection, acquisition, improvement, maintenance,                   
or repair of real, personal, or mixed property unless it is used               
exclusively for one or more of the permitted uses."                            
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               

1995-04-11                     House Journal                      Page 1265
HB 44                                                                        
	In AS05.15.155, following "is contingent upon the dedication of               
the net proceeds of the raffles to":                                           
	Insert "a political party as defined under AS15.60 or to an                   
organization or club organized under or formally affiliated with a             
political party, to"                                                           
	In AS05.15.155, following "religious uses in the state":                      
	Insert ","                                                                    
                                                                               
                                                                               
Representative Hanley moved and asked unanimous consent that                   
Amendment No. 13 be adopted.                                                   
                                                                               
                                                                               
Representative Martin objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 13 be adopted?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 13                                                               
                                                                               
YEAS:  33   NAYS:  4   EXCUSED:  2   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis,              
Elton, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott,                
Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan,                 
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams, Willis                                                               
                                                                               
Nays:  Brown, Finkelstein, Martin, Robinson                                    
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
Absent:  MacLean                                                               
                                                                               
And so, Amendment No. 13 was adopted, and the new title appears                
below:                                                                         

1995-04-11                     House Journal                      Page 1266
HB 44                                                                        
CS FOR HOUSE BILL NO. 44(FIN) am                                              
"An Act relating to reporting by permittees, licensees, and                   
vendors; relating to municipal regulation of multiple-beneficiary              
charitable gaming; providing that a political group is not a                   
qualified organization for purposes of charitable gaming, other                
than raffles, and relating to those raffles; relating to identification        
to the public of each permittee that will benefit from the sale of             
each pull-tab series and each bingo session; relating to political             
uses of charitable gaming proceeds; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
Amendment No. 6, which had been moved to the bottom of the                     
amendments (page 1257), was again before the House:                            
                                                                               
                                                                               
Amendment to Amendment No. 6 was offered  by Representatives                    
Porter, James and Martin:                                                      
                                                                               
Add a sunset provision on pull-tabs to take effect December 31,               
1998.                                                                          
                                                                               
Representative Porter moved and asked unanimous consent that the               
amendment to Amendment No. 6 be adopted.                                       
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall the amendment to Amendment No. 6 be                
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment to Amendment No. 6                                                   
                                                                               
YEAS:  18   NAYS:  20   EXCUSED:  2   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Barnes, Brice, Brown, B.Davis, Elton, Finkelstein, James, Kott,         
MacLean, Martin, Masek, Navarre, Ogan, Parnell, Porter, Robinson,              
Rokeberg, Sanders                                                              
                                                                               

1995-04-11                     House Journal                      Page 1267
HB 44                                                                        
Nays:  Austerman, Bunde, Davies, G.Davis, Green, Grussendorf,                  
Hanley, Kelly, Kohring, Kubina, Mackie, Moses, Mulder, Nicholia,               
Phillips, Therriault, Toohey, Vezey, Williams, Willis                          
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
And so, the amendment to Amendment No. 6 was not adopted.                      
                                                                               
The question being:  "Shall Amendment No. 6 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 44(FIN) am                                                                
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  13   NAYS:  25   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brown, Davies, Elton, Finkelstein, James, Kohring,              
Kott, MacLean, Martin, Ogan, Parnell, Sanders                                  
                                                                               
Nays:  Austerman, Brice, Bunde, B.Davis, G.Davis, Green,                       
Grussendorf, Hanley, Kelly, Kubina, Mackie, Masek, Moses, Mulder,              
Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault,           
Toohey, Vezey, Williams, Willis                                                
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB44(FIN) am be considered engrossed, advanced to third reading              
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
CSHB 44(FIN) am was read the third time.                                       
                                                                               
                                                                               
Representative Brown declared a conflict of interest.                          
                                                                               

1995-04-11                     House Journal                      Page 1268
HB 44                                                                        
Representative Navarre rose to a point of order stating that debate            
should be confined to the bill before the House.                               
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
Representative Brice moved and asked unanimous consent that he be              
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard and Representative Brice was required to vote.                       
                                                                               
The question being:  "Shall CSHB 44(FIN) am pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSHB 44(FIN) am                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  25   NAYS:  13   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Brice, Bunde, G.Davis, Green, Hanley, James,                 
Kelly, Kohring, Kott, Kubina, Mackie, Masek, Moses, Mulder,                    
Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Nays:  Barnes, Brown, Davies, B.Davis, Elton, Finkelstein,                     
Grussendorf, MacLean, Martin, Nicholia, Robinson, Sanders, Willis              
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
And so, CSHB 44(FIN) am passed the House.                                      
                                                                               
Representative Vezey moved the effective date clause.                          
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
CSHB 44(FIN) am                                                                
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  2   ABSENT:  0                              
                                                                               

1995-04-11                     House Journal                      Page 1269
HB 44                                                                        
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly,         
Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses,                  
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson,          
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis                 
                                                                               
Excused:  Foster, Ivan                                                         
                                                                               
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
                                                                               
Representative Kott gave notice of reconsideration of his vote on              
CSHB 44(FIN) am.                                                               
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
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 Green - from 5:00 p.m., April 13 to 9:30 a.m., plane            
time, April 18, 1995                                                           
                                                                               
Representative Kohring - from 6:30 p.m., April 14 to 10:00 p.m., plane         
time, April 17, 1995                                                           
                                                                               
Representative Navarre - from 2:00 p.m., April 13 to 8:00 p.m., plane          
time, April 24, 1995                                                           
                                                                               
                                                                               
HR 7                                                                         
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE RESOLUTION NO. 7                                                        
Opposing a proposed international convention classifying coal as              
a hazardous and noxious material.                                              
                                                                               

1995-04-11                     House Journal                      Page 1270
HJR 41                                                                       
Representative Kott added his name as cosponsor to:                            
                                                                               
HOUSE JOINT RESOLUTION NO. 41                                                 
Supporting an exemption from the Jones Act for bulk                           
commodities, such as coal and coal derived fuels, produced in                  
Alaska.                                                                        
                                                                               
HB 220                                                                       
Representative Brice added his name as cosponsor to:                           
                                                                               
CS FOR HOUSE BILL NO. 220(L&C)                                                
"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."                                              
                                                                               
SB 93                                                                        
Representative Kott added his name as cross-sponsor to:                        
                                                                               
CS FOR SENATE BILL NO. 93(RES)                                                
"An Act relating to the disposal of state land along the Dalton               
Highway; and providing for an effective date."                                 
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 32                                                                        
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. 32(FIN)                                                 
"An Act relating to administrative proceedings involving a                    
determination of eligibility for a permanent fund dividend or                  
authority to claim a dividend on behalf of another; and providing              
for an effective date."                                                        
                                                                               

1995-04-11                     House Journal                      Page 1271
HB 168                                                                       
CSHB 168(HES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 220                                                                       
CSHB 220(L&C) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 237                                                                       
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. 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."                  
                                                                               
SB 68                                                                        
HCS CSSB 68(HES) was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HCR 9                                                                        
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 9:25 a.m.,            
April 11, 1995:                                                                
                                                                               
CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(TRA)                                 
Relating to Alaska School Bus Driver Appreciation Day.                        
                                                                               

1995-04-11                     House Journal                      Page 1272
HB 21                                                                        
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 9:25 a.m.,            
April 11, 1995:                                                                
                                                                               
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."                                                               
                                                                               
                                                                               
HB 128                                                                       
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 9:25 a.m.,            
April 11, 1995:                                                                
                                                                               
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."                                                             
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               

1995-04-11                     House Journal                      Page 1273
Finance Subcommittee                                                           
on HB 207                         Capitol 519  after adjournment, 4/11         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., April 12, 1995.  There being no                
objection, the House adjourned at 5:29 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk