Legislature(1995 - 1996)
1995-04-12 House Journal
Full Journal pdf1995-04-12 House Journal Page 1275 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 12, 1995 Eighty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:19 a.m. Roll call showed 32 members present. Representative MacLean had been previously excused from a call of the House today. Representative Ivan was excused due to illness. Representatives Barnes, Finkelstein, Hanley, Masek, Navarre and Therriault were absent. The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "As Moses prayed in Psalm 90 `So teach us to number our days, that we may apply our hearts to wisdom...and let the beauty of the Lord our God be upon us...and establish thou the work of our hands...' So, Lord, we pray that You would teach us to make our days count for something of lasting value. May the things that we set our hands to accomplish be things worthy of being established by You. In this task of leadership, governing and making laws, we acknowledge our need for wisdom. And, we acknowledge that You, Lord, are the ultimate source of that wisdom. We thank You for making that wisdom available to us. Amen." 1 1995-04-12 House Journal Page 1276 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 86th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 146 A message dated April 11, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 146(L&C) am "An Act relating to an Iditarod mushing sweepstakes." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS) "An Act relating to an Iditarod mushing sweepstakes; and providing for an effective date." CSHB 146(L&C) am is under Unfinished Business. Messages dated April 11, 1995, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 16 CS FOR SENATE BILL NO. 16(FIN) am by the Senate Finance Committee, entitled: "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation." 1995-04-12 House Journal Page 1277 SB 16 was read the first time and referred to the Community & Regional Affairs, Resources and Finance Committees. A Senate Letter of Intent was attached (page 959 of the Senate Journal). SB 80 CS FOR SENATE BILL NO. 80(FIN) by the Senate Finance Committee, entitled: "An Act relating to police protection service areas in certain unified municipalities; and to police protection provided by the state in certain municipal areas." was read the first time and referred to the State Affairs and Finance Committees. A Senate Letter of Intent was attached (page 980 of the Senate Journal). REPORTS OF STANDING COMMITTEES HJR 9 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 9 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: 1995-04-12 House Journal Page 1278 HJR 9 Do pass (6): Vezey, Porter, Green, Toohey, B.Davis, Finkelstein The following fiscal note applies to CSHJR 9(JUD): Indeterminate fiscal note, Dept. of Law, 3/22/95 HJR 9 was referred to the Rules Committee for placement on the calendar. HB 130 The Judiciary Committee has considered: HOUSE BILL NO. 130 "An Act relating to agency review of public comment on the adoption, amendment, and repeal of regulations; relating to the examination of proposed regulations, amendments of regulations, and orders repealing regulations by the Administrative Regulation Review Committee and the Department of Law; relating to the submission to, and acceptance by, the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; and requiring agencies to make certain determinations before adopting regulations, amendments of regulations, or orders repealing regulations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 130(JUD) "An Act relating to the adoption, amendment, and repeal of regulations." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Vezey, Toohey, Porter No recommendation (2): Finkelstein, B.Davis The following fiscal notes apply to CSHB 130(JUD): Fiscal notes (3), Dept. of Commerce & Economic Development, 4/12/95 1995-04-12 House Journal Page 1279 HB 130 Fiscal note, Dept. of Education, 4/12/95 Fiscal note, Dept. of Fish & Game, 4/12/95 Zero fiscal notes (3), Dept. of Commerce & Economic Development, 4/12/95 Fiscal notes (3), Office of the Governor, 3/20/95 Fiscal note, Dept. of Health & Social Services, 3/20/95 Indeterminate fiscal note, Dept. of Law, 3/20/95 Fiscal note, Dept. of Public Safety, 3/20/95 Zero fiscal note, Dept. of Administration, 3/20/95 Zero fiscal note, Office of the Governor, 3/20/95 Zero fiscal note, Dept. of Natural Resources, 3/20/95 HB 130 was referred to the Finance Committee. **The presence of Representative Hanley was noted. HB 201 The Judiciary Committee has considered: HOUSE BILL NO. 201 "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 521, 603, and 604, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 201(JUD) "An Act relating to prisoner litigation, post-conviction relief, sentence appeals, execution on judgments against prisoners; amending Alaska Administrative Rule 10, Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521, 602, 603, and 604, Alaska Rules of Civil Procedure 3, 4, 5, 8, 16.1, and 65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: 1995-04-12 House Journal Page 1280 HB 201 Do pass (4): Porter, Toohey, Finkelstein, B.Davis No recommendation (1): Green The following fiscal notes apply to CSHB 201(JUD): Fiscal note, Alaska Court System, 4/12/95 Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 Zero fiscal note, Dept. of Corrections, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 HB 201 was referred to the Finance Committee. **The presence of Representative Navarre was noted. HB 202 The Judiciary Committee has considered: HOUSE BILL NO. 202 "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; changing Alaska Supreme Court Delinquency Rules 3(b) and 8(b); and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 202(HES) "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; and amending Alaska Delinquency Rules 3(b) and 8(b); and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: 1995-04-12 House Journal Page 1281 HB 202 Do pass (5): Porter, Green, Toohey, Finkelstein, B.Davis The following fiscal notes apply to CSHB 202(HES): Fiscal note, Alaska Court System, 4/12/95 Zero fiscal note, Dept. of Revenue, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95 Zero fiscal notes (2), Dept. of Administration, 2/27/95 HB 202 was referred to the Finance Committee. **The presence of Representative Barnes was noted. HB 224 The Labor & Commerce Committee has considered: HOUSE BILL NO. 224 "An Act relating to the state plumbing code." and recommends it be replaced with: CS FOR HOUSE BILL NO. 224(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, Rokeberg No recommendation (4): Masek, Kubina, Elton, Sanders The following fiscal note applies to CSHB 224(L&C): Zero fiscal note, Dept. of Labor, 4/12/95 HB 224 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Therriault was noted. 1995-04-12 House Journal Page 1282 SB 92 The State Affairs Committee has considered: SENATE BILL NO. 92 "An Act requiring that, in addition to its operating budget, all activities of the Alaska Housing Finance Corporation are subject to the Executive Budget Act." and recommends it be replaced with the following committee substitute with a title change pending authorization of HCR 17: HOUSE CS FOR SENATE BILL NO. 92(STA) "An Act requiring that, in addition to its operating budget, activities of the Alaska Housing Finance Corporation, except the corporation's unsubsidized mortgage loan activities and except certain of the corporation's multi-family loans and projects, are subject to the Executive Budget Act." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Porter, Green, Ogan No recommendation (2): Robinson, Willis The following fiscal note applies to HCS SB 92(STA): Senate zero fiscal note, Dept. of Revenue, 3/1/95 SB 92 was referred to the Finance Committee. SB 93 The Resources Committee has considered: 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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 93(RES) (same title) 1995-04-12 House Journal Page 1283 SB 93 The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (4): Kott, Ogan, Williams, Green No recommendation (3): Nicholia, Davies, Austerman The following fiscal note applies to HCS CSSB 93(RES): Senate zero fiscal note, Dept. of Natural Resources, 2/28/95 CSSB 93(RES) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Women and the Political Process and Alaska Women's Political Caucus First Convention By Senator Pearce; Representative Phillips INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 16 HOUSE CONCURRENT RESOLUTION NO. 16 by Representative Phillips: Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and is on today's calendar. HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 by the House State Affairs Committee: 1995-04-12 House Journal Page 1284 HCR 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 92, relating to exemption of certain activities of the Alaska Housing Finance Corporation from the provisions of the Executive Budget Act. was read the first time and referred to the Rules Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 285 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 285 by Representative Moses, entitled: "An Act relating to the amount of the homestead exemption and to the method of changing amounts of exemptions." was read the first time and referred to the Judiciary Committee. HB 307 HOUSE BILL NO. 307 by Representatives Toohey, Phillips and James entitled: "An Act prohibiting the sale of pull-tabs; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. **The presence of Representatives Finkelstein and Masek was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 28 The following was read the second time: 1995-04-12 House Journal Page 1285 HB 28 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." with the: Journal Page HES RPT CS(HES) NEW TITLE 4DP 2NR 440 2 ZERO FISCAL NOTES (DPS, DOE) 440 JUD RPT CS(JUD) NEW TITLE 5DP 1AM 725 2 ZERO FISCAL NOTES (DPS, DOE) 2/22/95 726 FIN RPT CS(FIN) NEW TITLE 4DP 6NR 1234 2 ZERO FISCAL NOTES (DPS, DOE) 2/22/95 1234 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. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 4, line 14, after "officer" through "compliance" on line 15: Delete all material. 1995-04-12 House Journal Page 1286 HB 28 Insert "if the person conducting the search is acting under reasonable suspicion that the search will provide evidence of a past or present violation of" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Parnell objected. **The presence of Representative MacLean was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 28(FIN) Second Reading Amendment No. 1 YEAS: 5 NAYS: 34 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Elton, MacLean, Robinson Nays: Austerman, Barnes, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Ivan And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB 28(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 28(FIN) was read the third time. 1995-04-12 House Journal Page 1287 HB 28 The question being: "Shall CSHB 28(FIN) pass the House?" The roll was taken with the following result: CSHB 28(FIN) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kohring, Kott, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis Nays: Davies, MacLean, Martin Excused: Ivan Absent: Kelly, Rokeberg, Therriault Nicholia changed from "Nay" to "Yea". And so, CSHB 28(FIN) passed the House. Representative Mackie gave notice of reconsideration of his vote on CSHB 28(FIN). HB 90 The following was read the second time: HOUSE BILL NO. 90 "An Act changing the date that the legislature convenes in the years following a gubernatorial election." 1995-04-12 House Journal Page 1288 HB 90 with the: Journal Page STA RPT 7DP 443 ZERO FISCAL NOTE (LAA) 444 JUD RPT 5DP 1AM 726 FISCAL NOTE (GOV/ALL DEPTS) 727 ZERO FISCAL NOTE (LAA) 2/22/95 727 FIN REFERRAL ADDED 756 FIN REFERRAL WAIVED 966 Amendment No. 1 was offered by Representative B.Davis: Page 1, line 2, after "election" (title amendment): Insert "; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election" Page 1, line 4, after "Section 1.": Insert "AS 24.05.080 is amended to read: Sec. 24.05.080. TERMS. The term of each member of the legislature begins on the second Monday in January following a presidential election year; however, following a gubernatorial election year, the term of each member begins on the third Tuesday [MONDAY] in January. The term of representatives is two years, and the term of senators is four years. One-half of the senators shall be elected every two years. * Sec. 2." Representative B.Davis moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted, and the new title appears below: HOUSE BILL NO. 90 am "An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election." 1995-04-12 House Journal Page 1289 HB 90 Representative Vezey moved and asked unanimous consent that HB 90 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 90 am was read the third time. The question being: "Shall HB 90 am pass the House?" The roll was taken with the following result: HB 90 am Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Kott, Masek Excused: Ivan And so, HB 90 am passed the House and was referred to the Chief Clerk for engrossment. HB 125 The following was read the second time: HOUSE BILL NO. 125 "An Act relating to disclosures to school officials of information about certain minors." with the: Journal Page HES RPT CS(HES) 2DP 1NR 2AM 769 FISCAL NOTE (COURT) 770 2 ZERO FISCAL NOTES (DOE, DHSS) 770 1995-04-12 House Journal Page 1290 HB 125 JUD RPT CS(JUD) NT 6DP 1017 2 ZERO FISCAL NOTES (DPS, COURT) 1017 2 ZERO FISCAL NOTES (DHSS, DOE) 3/17/95 1017 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. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 125(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 125(JUD) was read the third time. The question being: "Shall CSHB 125(JUD) pass the House?" The roll was taken with the following result: CSHB 125(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, 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: Ivan And so, CSHB 125(JUD) passed the House. 1995-04-12 House Journal Page 1291 HB 125 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. CSHB 125(JUD) was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 44 Representative Mackie brought up reconsideration of the vote on CSHB 44(FIN) am (page 1269). The following was again before the House in third reading: 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." Representative Navarre moved and asked unanimous consent that CSHB 44(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 14. There being no objection, it was so ordered. Amendment No. 14 was offered by Representatives Navarre and Moses: Page 1, line 2 (title amendment): Delete "multiple-beneficiary" 1995-04-12 House Journal Page 1292 HB 44 Page 3, after line 30: Insert a new bill section to read: "* Sec. 5. AS05.15.124 is amended by adding a new subsection to read: (b) A municipality may not prohibit activities from being conducted (1) under a multiple-beneficiary permit unless it also prohibits activities from being conducted by an operator; (2) by an operator unless it also prohibits activities from being conducted under a multiple-beneficiary permit." Renumber the following bill sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Vezey objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am--RECONSIDERATION Second Reading Amendment No. 14 YEAS: 34 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Williams, Willis Nays: Phillips, Therriault, Toohey, Vezey Excused: Ivan Absent: Masek And so, Amendment No. 14 was adopted, and the new title appears below: 1995-04-12 House Journal Page 1293 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 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." Title Amendment No. 1 was offered by Representative Hanley: Page 1, line 6: Delete "relating to political uses of charitable gaming proceeds;" Insert "providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group;" Representative Hanley moved and asked unanimous consent that Title Amendment No. 1 be adopted. Objection was heard. The question being: "Shall Title Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 44(FIN) am--RECONSIDERATION Third Reading Title Amendment No. 1 YEAS: 27 NAYS: 11 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Kohring, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Robinson, Sanders, Toohey, Williams, Willis 1995-04-12 House Journal Page 1294 HB 44 Nays: Bunde, Hanley, James, Kelly, Kott, MacLean, Martin, Porter, Rokeberg, Therriault, Vezey Excused: Ivan Absent: Masek And so, Title 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 permittees, licensees, and vendors; relating to municipal regulation of 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; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date." The question to be reconsidered: "Shall CSHB 44(FIN) am pass the House?" The roll was taken with the following result: CSHB 44(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Bunde, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Kubina, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Mackie, MacLean, Martin, Nicholia, Robinson, Sanders, Willis 1995-04-12 House Journal Page 1295 HB 44 Excused: Ivan Kubina changed from "Nay" to "Yea". Brice changed from "Nay" to "Yea". And so, CSHB 44(FIN) am passed the House on reconsideration. 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--RECONSIDERATION Third Reading Effective Date YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Ivan Absent: Sanders And so, the effective date clause was adopted. CSHB 44(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE BILLS (continued) HB 234 The following was read the second time: 1995-04-12 House Journal Page 1296 HB 234 HOUSE BILL NO. 234 "An Act relating to administrative adjudication under the Administrative Procedure Act." with the: Journal Page STA RPT 3DP 1NR 810 14 ZERO FISCAL NOTES (4-DCED, 2-DOE) 810 (ADM, DEC, F&G, DHSS, LABOR, LAW, DPS) 810 (DOT) 3/6/95 810 ZERO FISCAL NOTE (DNR) 3/8/95 810 JUD RPT CS(JUD) 4DP 1AM 1019 14 ZERO FISCAL NOTES (4-DCED, 2-DOE) 1019 (ADM, DEC, F&G, DHSS, LABOR, LAW, DPS) 1019 (DOT) 3/6/95 1019 ZERO FISCAL NOTE (DNR) 3/8/95 1019 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 234(JUD) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB234(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 234(JUD) was read the third time. The question being: "Shall CSHB 234(JUD) pass the House?" The roll was taken with the following result: CSHB 234(JUD) Third Reading Final Passage YEAS: 25 NAYS: 0 EXCUSED: 1 ABSENT: 14 1995-04-12 House Journal Page 1297 HB 234 Yeas: Austerman, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Hanley, Kelly, Kohring, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Willis Excused: Ivan Absent: Barnes, Brice, Bunde, Foster, Green, Grussendorf, James, Kott, Moses, Navarre, Nicholia, Sanders, Vezey, Williams And so, CSHB 234(JUD) passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB 234(JUD). SECOND READING OF HOUSE RESOLUTIONS HCR 16 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 16 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. The following fiscal note applies: Zero fiscal note, House Rules Committee, 4/12/95 Representative Parnell placed a call of the House and lifted the call. The question being: "Shall HCR 16 pass the House?" The roll was taken with the following result: HCR 16 Second Reading Final Passage YEAS: 25 NAYS: 1 EXCUSED: 1 ABSENT: 13 1995-04-12 House Journal Page 1298 HCR 16 Yeas: Austerman, Brown, B.Davis, G.Davis, Elton, Finkelstein, Hanley, Kelly, Kohring, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Davies Excused: Ivan Absent: Barnes, Brice, Bunde, Foster, Green, Grussendorf, James, Kott, Moses, Navarre, Nicholia, Sanders, Williams And so, HCR 16 passed the House and was referred to the Chief Clerk for engrossment. HR 7 The following was read the second time: HOUSE RESOLUTION NO. 7 Opposing a proposed international convention classifying coal as a hazardous and noxious material. with the: Journal Page RES RPT 5DP 1047 ZERO FISCAL NOTE (H RES) 1047 The question being: "Shall HR 7 pass the House?" The roll was taken with the following result: HR 7 Second Reading Final Passage YEAS: 25 NAYS: 0 EXCUSED: 1 ABSENT: 14 1995-04-12 House Journal Page 1299 HR 7 Yeas: Austerman, Brown, Davies, B.Davis, G.Davis, Elton, Hanley, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Ogan, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey, Willis Excused: Ivan Absent: Barnes, Brice, Bunde, Finkelstein, Foster, Green, Grussendorf, James, Moses, Navarre, Nicholia, Parnell, Rokeberg, Williams And so, HR 7 passed the House and was referred to the Chief Clerk for engrossment and enrollment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Corporal Justin Patterson By Representatives Bunde, Phillips, B.Davis, Foster, Green, James, Mackie, Mulder, Navarre, Nicholia, Porter, Sanders, Toohey, Vezey, Willis Honoring - Camp Fire Boys and Girls By Representatives Bunde, Brice, B.Davis, Elton, Foster, Green, Grussendorf, James, Kohring, Mackie, Mulder, Navarre, Nicholia, Porter, Sanders, Toohey, Vezey, Willis In Memoriam - Patrick William Housler, "Cak'all" By Senators Hoffman, Adams, Lincoln, Duncan, Zharoff, Ellis; Representatives Nicholia, Foster, Grussendorf, Ivan, Moses, Phillips, Brice, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, MacLean, Mulder, Sanders, Toohey, Willis UNFINISHED BUSINESS HB 146 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 1277) on the following at this time: 1995-04-12 House Journal Page 1300 HB 146 CS FOR HOUSE BILL NO. 146(L&C) am "An Act relating to an Iditarod mushing sweepstakes." and SENATE CS FOR CS FOR HOUSE BILL NO. 146(RLS) "An Act relating to an Iditarod mushing sweepstakes; and providing for an effective date." There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 146(L&C) am, thus adopting SCS CSHB 146(RLS), and recommended that the members vote yes. 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 Masek Objection was heard and the members were required to vote. The question being: "Shall the House concur in the Senate amendment to CSHB 146(L&C) am?" The roll was taken with the following result: SCS CSHB 146(RLS) Concur YEAS: 29 NAYS: 3 EXCUSED: 1 ABSENT: 7 Yeas: Austerman, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Hanley, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Masek, Moses, Mulder, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Green, Martin, Ogan Excused: Ivan 1995-04-12 House Journal Page 1301 HB 146 Absent: Barnes, Brice, Bunde, Grussendorf, James, Navarre, Williams And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 146(RLS). Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 146(RLS) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Nicholia - from 10:15 a.m., April 14 to 5:35 p.m., plane time, April 17, 1995 HB 48 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Chair: HOUSE BILL NO. 48 "An Act relating to motorcycle safety and to use of helmets by operators of motorcycles." HB 48 was referred to the Rules Committee for placement on the calendar. HR 7 Representatives Brice and MacLean added their names as cosponsors to: 1995-04-12 House Journal Page 1302 HR 7 HOUSE RESOLUTION NO. 7 Opposing a proposed international convention classifying coal as a hazardous and noxious material. HB 90 Representative Navarre added his name as cosponsor to: HOUSE BILL NO. 90 am "An Act changing the date that the legislature convenes in the years following a gubernatorial election; changing the date that the term of a member of the legislature begins in the years following a gubernatorial election." HB 125 Representative Ogan added his name as cosponsor to: CS FOR HOUSE BILL NO. 125(JUD) "An Act relating to disclosures to school officials of information about certain minors; and providing for an effective date." HB 191 Representative James added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191 "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." HB 220 Representative Williams 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 1995-04-12 House Journal Page 1303 HB 220 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 68 Representative Williams added his name as cross-sponsor to: 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." ENGROSSMENT HCR 16 HCR 16 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HR 7 HR 7 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 44 CSHB 44(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 90 HB 90 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 125 CSHB 125(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-04-12 House Journal Page 1304 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Finance Subcommittee on HB 207 Capitol 519 3:30 p.m., 4/12 Financial Disclosures due to APOC 5:00 p.m., 4/17 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 13, 1995. There being no objection, the House adjourned at 12:55 p.m. Suzi Lowell Chief Clerk