Legislature(1995 - 1996)
1995-05-02 House Journal
Full Journal pdf1995-05-02 House Journal Page 1725 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday May 2, 1995 One Hundred Seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:35 a.m. Roll call showed 33 members present. Representatives Finkelstein, Hanley, Kubina, Mackie, MacLean, Martin and Navarre were absent. The invocation was offered by the Chaplain, Cordell E. Reiner of the Seventh Day Adventist Church. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Good Morning Heavenly Father, we want to thank You for the past several days of beautiful sunshine with which You have blessed us. This stunning land in which we live reminds us of a Creator God. Invisible things are understood by things that are made. Legislation is also understood through the legislator. Help us, O God to see the worth, and the needs of each person whom we serve. Then give us wisdom, understanding, and compassion to deal justly and fairly with each issue. We thank You for the opportunity of being a channel through which You want to bless others. Now help us not to misuse the trust, which others have placed in us. 1 1995-05-02 House Journal Page 1726 Let us not forget this great country, and the evil and suffering that has invaded our land. The compassion for others that we have witnessed in Oklahoma reminds us of Your compassion for us on the cross of Calvary two thousand years ago. I thank you, Lord, that Thou hast said, 'Trust in the Lord, and do good; so shalt thou dwell in the land, and verily shalt be fed.' Bless each person here today, is my prayer in Jesus name. Amen." The Pledge of Allegiance was led by Representative Porter. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 106th legislative day and House Journal Supplement No. 7 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 115 A message dated May 1, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." CSHB 115(JUD) am was referred to the Chief Clerk for enrollment. SB 27 A message dated May 1, 1995, was read stating the Senate has concurred in the House amendment to SSSB 27, thus adopting: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." 1995-05-02 House Journal Page 1727 SB 147 A message dated May 1, 1995, was read stating the Senate has concurred in the House amendment to SB 147, thus adopting: HOUSE CS FOR SENATE BILL NO. 147(RES) "An Act relating to a municipal river habitat protection tax credit." A message dated May 1, 1995, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 13 CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) by the Senate Community & Regional Affairs Committee: Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators. was read the first time and referred to the Community & Regional Affairs Committee. **The presence of Representative Mackie was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 28 CS FOR SENATE BILL NO. 28(FIN)(title am) by the Senate Finance Committee, entitled: "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor 1995-05-02 House Journal Page 1728 SB 28 vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 81 CS FOR SENATE BILL NO. 81(FIN) by the Senate Finance Committee, entitled: "An Act amending the Fish and Game Code by removing 'wolf' from the definition of 'big game'; relating to the classification and taking of wolves; and providing for a harvest incentive on wolves taken in areas designated by the Board of Game." was read the first time and referred to the Resources and Finance Committees. SB 151 SENATE BILL NO. 151 by the Senate Finance Committee, entitled: "An Act placing the administrative director of the court system in the public employees' retirement system." was read the first time and referred to the Judiciary and Finance Committees. SB 154 SENATE BILL NO. 154 by the Senate Judiciary Committee, entitled: "An Act relating to an aggravating factor at sentencing." was read the first time and referred to the Judiciary Committee. SB 171 CS FOR SENATE BILL NO. 171(RES) by the Senate Resources Committee, entitled: 1995-05-02 House Journal Page 1729 SB 171 "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date." was read the first time and referred to the Resources Committee. **The presence of Representatives MacLean, Hanley, Navarre and Martin was noted. The Speaker stated that the House would recess for 15 minutes; and so, the House recessed at 10:45 a.m. AFTER RECESS The House was called back to order at 11:27 a.m. REPORTS OF STANDING COMMITTEES HB 35 The Judiciary Committee has considered: HOUSE BILL NO. 35 "An Act relating to the grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." and recommends it be replaced with: CS FOR HOUSE BILL NO. 35(JUD) "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Toohey, Green, B.Davis, Bunde 1995-05-02 House Journal Page 1730 HB 35 No recommendation (1): Finkelstein The following fiscal note applies to CSHB 35(JUD): Zero fiscal note, Dept. of Commerce & Economic Development, 4/18/95 HB 35 was referred to the Finance Committee. HB 176 The Judiciary Committee has considered: HOUSE BILL NO. 176 "An Act relating to errors in surveys of land." and recommends it be replaced with: CS FOR HOUSE BILL NO. 176(CRA) "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Bunde, Toohey No recommendation (4): Vezey, Finkelstein, B.Davis, Green The following fiscal note applies to CSHB 176(CRA): Zero fiscal note, Dept. of Natural Resources, 4/19/95 HB 176 was referred to the Rules Committee for placement on the calendar. HB 242 The Judiciary Committee has considered: HOUSE BILL NO. 242 "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage 1995-05-02 House Journal Page 1731 HB 242 in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 242(HES) "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Finkelstein, B.Davis, Porter, Bunde, Toohey Do not pass (1): Vezey No recommendation (1): Green The following fiscal notes apply to CSHB 242(HES): Fiscal note, Dept. of Revenue, 3/8/95 Fiscal note, Dept. of Health & Social Services, 3/8/95 Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/95 Zero fiscal note, Dept. of Law, 3/8/95 HB 242 was referred to the Finance Committee. HB 244 The Judiciary Committee has considered: HOUSE BILL NO. 244 "An Act relating to administrative establishment of paternity and establishing paternity by affidavit; relating to child support enforcement; and providing for an effective date." 1995-05-02 House Journal Page 1732 HB 244 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, Bunde, Toohey, Finkelstein, B.Davis, Porter The following fiscal notes apply: Fiscal note, Dept. of Revenue, 3/8/95 Fiscal note, Dept. of Health & Social Services, 3/8/95 Zero fiscal note, Dept. of Health & Social Services, 3/8/95 Zero fiscal note, Dept. of Law, 3/8/95 HB 244 was referred to the Finance Committee. HB 249 The Labor and Commerce Committee has considered: HOUSE BILL NO. 249 "An Act authorizing the McGrath Kuskokwim River Ice Classic." and recommends it be replaced with: CS FOR HOUSE BILL NO. 249(L&C) "An Act authorizing the McGrath Ice Classic." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kubina No recommendation (5): Rokeberg, Elton, Masek, Sanders, Kott The following fiscal note applies to CSHB 249(L&C): Zero fiscal note, Dept. of Revenue, 5/2/95 HB 249 was referred to the Rules Committee for placement on the calendar. 1995-05-02 House Journal Page 1733 HB 284 The Labor & Commerce Committee has considered: HOUSE BILL NO. 284 "An Act relating to the Alaska Commercial Fishing and Agriculture Bank." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Elton, Rokeberg, Porter No recommendation (3): Masek, Kott, Kubina The following fiscal notes apply: Zero fiscal note, Dept. of Revenue, 4/20/95 Zero fiscal note, Dept. of Fish & Game, 4/20/95 HB 284 was referred to the Finance Committee. HB 288 The Labor and Commerce Committee has considered: HOUSE BILL NO. 288 "An Act relating to procurement preferences for corporations and partnerships owned by persons with disabilities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 288(L&C) "An Act relating to procurement preferences." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (5): Elton, Kubina, Masek, Sanders, Kott 1995-05-02 House Journal Page 1734 HB 288 The following fiscal note applies: Zero fiscal note, Dept. of Administration, 5/2/95 HB 288 was referred to the Rules Committee for placement on the calendar. SJR 19 The Judiciary Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Vezey, Green, Bunde, Toohey Do not pass (2): Finkelstein, B. Davis A Judiciary Committee letter of intent for CSSJR 19(RES), signed by Representative Porter, Chair, appears below: "It is not the intent of the legislature for this resolution to be an attack on the federal subsistence priority on federal public lands." The following fiscal note applies: Senate zero fiscal note, Dept. of Fish & Game, 4/11/95 CSSJR 19(RES) was referred to the Rules Committee for placement on the calendar. 1995-05-02 House Journal Page 1735 SB 1 The Finance Committee has considered: SENATE BILL NO. 1 "An Act relating to state implementation of federal statutes." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 1(FIN) (same title) The report was signed by Representative Mulder, Acting Chair, with the following individual recommendations: Do pass (5): Mulder, Martin, Parnell, Kohring, Therriault No recommendation (1): Brown The following fiscal notes apply: Fiscal note, Dept. of Law, 5/2/95 Senate zero fiscal note, Senate Finance Committee/All Departments, 3/2/95 SB 1 was referred to the Rules Committee for placement on the calendar. SB 21 The Finance Committee has considered: CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." The report was signed by Representative Mulder, Acting Chair, with the following recommendations: Do pass (6): Martin, Kohring, Grussendorf, Navarre, Kelly, Mulder No recommendation (3): Parnell, Brown, Therriault 1995-05-02 House Journal Page 1736 SB 21 The following fiscal notes apply: Senate zero fiscal note, Dept. of Law, 3/8/95 Senate zero fiscal note, Dept. of Public Safety, 3/8/95 Senate zero fiscal note, Alaska Court System, 3/8/95 CSSB 21(RES) was referred to the Rules Committee for placement on the calendar. SB 92 The Finance 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 new title, pending authorization by HCR 17: HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining the activities of the Alaska Housing Finance Corporation that are subject to the Executive Budget Act." The report was signed by Representative Mulder, Acting Chair, with the following individual recommendations: Do pass (3): Mulder, Martin, Kelly No recommendation (5): Parnell, Kohring, Navarre, Brown, Therriault The following fiscal note applies: Senate zero fiscal note, Dept. of Revenue, 3/1/95 SB 92 was referred to the Rules Committee for placement on the calendar. 1995-05-02 House Journal Page 1737 SB 124 The Finance Committee has considered: SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following recommendations: Do pass (7): Hanley, Mulder, Parnell, Kohring, Brown, Kelly, Therriault No recommendation (4): Foster, Martin, Grussendorf, Navarre The following fiscal note applies: Senate zero fiscal note, Dept. of Health & Social Services, 4/12/95 SB 124 was referred to the Rules Committee for placement on the calendar. SB 142 The Finance Committee has considered: CS FOR SENATE BILL NO. 142(STA) "An Act establishing the Alaska Human Resource Investment Council and transferring certain functions of other entities to the council; abolishing the Employment Security Advisory Council; establishing a planning mechanism for employment training and other human resource investment needs; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following recommendations: 1995-05-02 House Journal Page 1738 SB 142 Do pass (10): Foster, Hanley, Mulder, Navarre, Grussendorf, Kelly, Brown, Therriault, Parnell, Kohring No recommendation (1): Martin A House Finance Committee letter of intent for HCS CSSB 142(FIN), signed by Representatives Hanley and Foster, Co-chairs, appears below: "It is the intent of the Alaska Legislature that it be acknowledged that: (1) Alaska's most important resource is its people and a well-trained work force is essential for economic opportunity and the future fiscal well-being of the state; (2) if the state is to be competitive, it must continue to produce a literate, reliable, skilled, and professional work force in order to meet the current and future needs of the state's employers; (3) to continue to produce a competitive work force, the work force development and education programs in this state must be integrated to provide a comprehensive system of education and training opportunities necessary to maintain the readiness of the state's work force now and in the future; (4) to maximize the effectiveness of education and job training opportunities in the state, an alliance of available resources in the public and private sectors in the state is essential; (5) the creation of an alliance of education and job training opportunities in the state is consistent with national efforts to consolidate federally funded programs into an integrated system to provide a single entity to address issues in these programs; (6) the creation of the Alaska Human Resource Investment Council will serve a vital role in forging such an alliance among all these programs to make training accessible to every Alaskan, to allow Alaskans, especially those persons in rural Alaska, to compete in the job marketplace." 1995-05-02 House Journal Page 1739 SB 142 The following fiscal notes apply to HCS CSSB 142(FIN): Senate fiscal note, Office of the Governor, 3/27/95 Senate zero fiscal note, University of Alaska, 3/27/95 Senate zero fiscal note, Dept. of Education, 3/27/95 Senate zero fiscal note, Dept. of Labor, 3/27/95 Senate zero fiscal note, Dept. of Health & Social Services, 3/27/95 Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/27/95 Senate zero fiscal note, Dept. of Community & Regional Affairs, 3/27/95 SB 142 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: Honoring - Matanuska Telephone Association, Forty Years of Service By Representatives Willis, Kohring, Masek; Senators Halford, Phillips, Green Honoring - Sharon Clausen, Anchorage Teacher of the Month By Representative Bunde Honoring - Hoonah Patch Project By Senator Zharoff Honoring - George V. "Corky" McCorkle By Senator Zharoff In Memoriam - Elton Merle Anderson By Representative Phillips; Senator Torgerson In Memoriam - Daniel C. Schneringer By Representatives Moses, Phillips, Elton, Kubina, Ivan, Foster; Senator Leman 1995-05-02 House Journal Page 1740 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 48 HOUSE JOINT RESOLUTION NO. 48 by Representatives Navarre and G.Davis: Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, not adopt any other federal regulation changes for hunting or fishing on the Kenai Peninsula, and not adopt the changes in federal regulations that make a customary and traditional use determination for certain communities on the Kenai Peninsula. was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 328 HOUSE BILL NO. 328 by the House Labor & Commerce Committee, entitled: "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 78 The following was read the second time: 1995-05-02 House Journal Page 1741 HB 78 HOUSE BILL NO. 78 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project." with the: Journal Page HES RPT CS(HES) (NT) 3DP 1NR 2AM 1015 12 FISCAL NOTES (DHSS) 1015 FIN RPT CS(FIN) (NT) 4DP 2NR 4AM 1692 8 FNS (DOE, DPS, REV, 2-DHSS, 3-DCED) 1693 2 FNS (2-LABOR) 1693 ZERO FISCAL NOTE (DEC) 1693 12 FISCAL NOTES (DHSS) 4/5/95 1693 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. 78(FIN) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents and the maximum amount of assistance that may be granted; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." There being no objection, it was so ordered. 1995-05-02 House Journal Page 1742 HB 78 Amendment No. 1 was offered by Representative Brice: Page 24, line 18, after "AS 47.25.320(a)(1) - (3),": Insert "beginning on the first day of the first calendar month following implementation of sec. 10 of this Act," Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. **The presence of Representative Kubina was noted. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 78(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 24 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Absent: Foster, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 18, after line 27: Insert a new paragraph to read: "(5) would be ineligible for AFDC if monthly child support payments were being paid to the person for care of the child for whom 1995-05-02 House Journal Page 1743 HB 78 AFDC is being received by the person, as determined under a support order that has already been established either administratively or by a court;" Renumber the following paragraphs accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 78(FIN) Second Reading Amendment No. 2 YEAS: 12 NAYS: 27 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Navarre And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 1, line 4 (title amendment): Delete "including" Page 1, line 5, after "parents" (title amendment): Insert "," 1995-05-02 House Journal Page 1744 HB 78 Page 1, line 5-6 (title amendment): Delete "and the maximum amount of assistance that may be granted;" Page 24, lines 18-29: Delete all material. Renumber the following bill sections accordingly. Page 24, line 31: Delete "8-17" Insert "8-16" Page 25, line 18: Delete "14-19" Insert "14-18" Page 25, line 31: Delete "8-21" Insert "8-20" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. Representative Brown placed a call of the House. The call was satisfied. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 78(FIN) Second Reading Amendment No. 3 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 1995-05-02 House Journal Page 1745 HB 78 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 14, after line 20: Insert a new subsection to read: "(d) When determining eligibility for, and the amount of, assistance in the case of a minor parent who is required to live in a household or living arrangement with an adult under (a) of this section, the department shall, to the extent allowed under federal law or under a waiver of federal law, disregard the income and resources of the adults in the household or living arrangement if the total income of the adults is less than 133 percent of the federal poverty line for this state, as defined by the federal office of management and budget and revised annually under 42U.S.C. 9902(2). If the department determines that a waiver of federal law is necessary before this subsection may be implemented, the department shall promptly seek a waiver." Reletter the following subsection accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 4 was adopted. 1995-05-02 House Journal Page 1746 HB 78 Amendment No. 5 was offered by Representative Brice: Page 1, line 6, after "granted" (title amendment): Insert "; relating to transitional medical assistance and child care assistance for a family that discontinues receiving aid to families with dependent children because of an increase in the family's earned income or hours of employment" Page 24, after line 9: Insert a new bill section to read: "* Sec. 16. WAIVERS FOR TRANSITIONAL MEDICAID AND CHILD CARE ASSISTANCE. (a) The Department of Health and Social Services shall, by December 31, 1995, seek appropriate waivers from the federal government to allow 24 months of continued eligibility of a person for medical assistance under AS47.07 (Medicaid) after the person, who had been receiving cash assistance under AS47.25.310 - 47.25.420 (AFDC), becomes ineligible for continued AFDC solely due to increased earned income or increased hours of employment of the person or of a member of the person's assistance unit. The continued eligibility under this subsection begins on the first day of the first calendar month following the person's last month of eligibility for AFDC and ends 24 months later or when the person becomes eligible for health care coverage under an employer sponsored insurance program or another health care option that the department determines is affordable for the person, whichever comes sooner. (b) The Department of Health and Social Services shall, by December 31, 1995, seek appropriate waivers from the federal government to allow the department to use state and federal funds under AS47.25.310 - 47.25.420 to pay for 24 months of child care services that are necessary for a person to maintain employment after the person, who had been receiving cash assistance under AS47.25.310 - 47.25.420 (AFDC), becomes ineligible for continued AFDC solely due to increased earned income or increased hours of employment of the person or of a member of the person's assistance unit. The eligibility for child care assistance under this subsection begins on the first day of the first calendar month following the person's last month of eligibility for AFDC and ends 24 months later or when the person becomes eligible for child care assistance under another program that the department determines is affordable for the person. 1995-05-02 House Journal Page 1747 HB 78 (c) To the extent that the federal government approves waivers to implement (a) or (b) of this section, the Department of Health and Social Services shall implement this section and notify the revisor of statutes of the effective date of implementation." Renumber the following bill sections accordingly. Page 24, line 13: Delete "8 - 15" Insert "8 - 16" Page 24, line 31: Delete "8 - 17" Insert "8 - 18" Page 25, line 18: Delete "14 - 19" Insert "14 - 20" Page 25, line 31: Delete "8 - 21" Insert "8 - 22" Representative Brice moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Representative Brice moved and asked unanimous consent to withdraw Amendment No. 5. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Brice: Page 17, line 15, after ".": Insert "The department may assign a person to an activity under this subsection only if the activity will help the person achieve long- term self-sufficiency." 1995-05-02 House Journal Page 1748 HB 78 Representative Brice moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Hanley objected. Representative Vezey rose to a point of order, citing Section 124 of Mason's Manual. The Speaker stated the point was well taken and cautioned the member to confine remarks to the amendment. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 78(FIN) am Second Reading Amendment No. 6 YEAS: 14 NAYS: 25 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Masek And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representatives Brown and Parnell: Page 2, after line 4: Insert "a minor parent's custody of the child shall be imputed to the parents of the minor parent, regardless of where the minor parent lives, except that 1995-05-02 House Journal Page 1749 HB 78 (A) if the minor parent and child live with a parent of the noncustodial minor parent, the minor parent's custody of the child shall be imputed to the parent of the noncustodial minor parent; and (B) a minor parent's custody of a child may not be imputed to the parents of the minor parent if the minor parent and child do not live with a parent of the minor parent because (i) neither parent will allow the minor and child to live in the residence of the minor's parent; or (ii) the physical or emotional health or safety of the minor parent or the minor's child would be jeopardized if the minor and the minor's child lived in the same residence with the minor's parent;" Page 2, after line 21: Insert a new subsection to read: "(h) Notwithstanding other provisions of this section, the parents of a minor who is the parent of a child are not liable for support of the minor's child unless the minor parent resided with them at some time during the 10 months immediately preceding the child's birth." Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 7 was adopted. Amendment No. 8 was offered by Representative Brice: Page 25, after line 30: Insert a new bill section to read: "* Sec. 23. Section 17 of this Act is repealed on the earliest of the following dates: (1) July 1, 2001; (2) the effective date of any amendment of 42 U.S.C. 601 - 615 (Aid to Families with Dependent Children) that takes effect on or after the effective date of sec. 17 of this Act; 1995-05-02 House Journal Page 1750 HB 78 (3) the effective date of sec. 17 of this Act if there is an amendment of 42 U.S.C. 601 - 615 (AFDC) that takes effect after March 25, 1995, but before the effective date of sec. 17 of this Act." Renumber the following bill section accordingly. Page 25, line 31: Delete "8 - 21" Insert "8 - 16 and 18 - 21" Representative Brice moved and asked unanimous consent that Amendment No. 8 be adopted. Objection was heard. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 78(FIN) am Second Reading Amendment No. 8 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Brice: Page 17, line 14, after "if": Insert "the family has received AFDC assistance in this state for 48 consecutive months and the family member is" 1995-05-02 House Journal Page 1751 HB 78 Representative Brice moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Hanley objected. Amendment to Amendment No. 9 was offered by Representative Davies: Change "48" to "24" Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 9 be adopted. Objection was heard. The question being: "Shall the amendment to Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 78(FIN) am Second Reading Amendment to Amendment No. 9 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Ogan, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, the amendment to Amendment No. 9 was not adopted. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: 1995-05-02 House Journal Page 1752 HB 78 CSHB 78(FIN) am Second Reading Amendment No. 9 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 9 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB78(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that CSHB 78(FIN) am will be in third reading on the May 3, 1995, calendar. Representative Vezey moved and asked unanimous consent that the House recess until 5:30 p.m. There being no objection, the House recessed at 1:17 p.m. AFTER RECESS The Speaker called the House back to order at 5:42 p.m. A second quorum call showed 22 members present. 1995-05-02 House Journal Page 1753 SECOND READING OF HOUSE BILLS (continued) HB 217 The following was read the second time: HOUSE BILL NO. 217 "An Act relating to employment of teachers." with the: Journal Page HES RPT CS(HES) NT 2DP 1NR 1AM 1344 FISCAL NOTE (DOE) 1345 L&C REFERRAL ADDED 1408 JUD RPT CS(JUD) NT 5DP 1DNP 1446 ZERO FISCAL NOTE (DOE) 1446 L&C RPT CS(L&C) NT 2DP 3NR 1693 ZERO FISCAL NOTE (DOE) 4/22/95 1694 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. 217(L&C) "An Act relating to teacher tenure, teacher layoff and rehire rights, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts and regional educational attendance areas." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Porter and Ivan: Page 1, line 1, after "rights," (title amendment): Insert "public access to information on public school collective bargaining," 1995-05-02 House Journal Page 1754 HB 217 Page 4, after line 18: Insert a new bill section to read: "*Sec. 8. AS 23.40 is amended by adding a new section to read: Sec. 23.40.185. INITIAL PROPOSALS AND FINAL AGREEMENTS OF SCHOOL NEGOTIATIONS ARE PUBLIC DOCUMENTS. The initial proposals exchanged by the parties to negotiations between a school district or a regional educational attendance area and a bargaining organization representing its employees and the final agreements reached by the parties are public documents." Renumber the following bill section accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Brown objected. Representative Brown placed a call of the House. **Representative MacLean was excused due to illness. Amendment to Amendment No. 1 was offered by Representative Brown: Under section 8, last line: Delete "documents" Insert "records" The call was satisfied. Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: 1995-05-02 House Journal Page 1755 HB 217 CSHB 217(L&C) Second Reading Amendment No. 1 as amended YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Nays: Brice, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Robinson, Williams, Willis Excused: MacLean And so, Amendment No. 1 as amended was adopted, and the new title appears below: CS FOR HOUSE BILL NO. 217(L&C) am "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts and regional educational attendance areas." Amendment No. 2 was offered by Representatives Bunde and Ivan: Page 2, after line 12: Insert a new bill section to read: "* Sec. 3. AS 14.20.150 is amended by adding a new subsection to read: (c) The superintendent or the superintendent's designee shall annually evaluate the performance of each teacher in the district who has not earned tenure. In addition, for three of the four years before a tenure decision is made, each nontenured teacher shall be evaluated by at least one mentoring teacher appointed by the 1995-05-02 House Journal Page 1756 HB 217 superintendent. The mentoring teacher or teachers shall submit a report in writing to the superintendent and the nontenured teacher. This report is advisory only. The superintendent shall recommend whether a nontenured teacher should be granted tenure." Renumber the following bill sections accordingly. Page 4, line 19: Delete "1 and 2" Insert "1 - 3" Representative Bunde moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brice objected. Amendment to Amendment No. 2 was offered by Representative Brice: Under section 3, after "nontenured teacher shall be": Delete "evaluated" Insert "mentored" Representative Brice moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. Representative Bunde objected. The question being: "Shall the amendment to Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment to Amendment No. 2 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis 1995-05-02 House Journal Page 1757 HB 217 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Excused: MacLean And so, the amendment to Amendment No. 2 was not adopted. **The presence of Representative MacLean, who had been previously excused from a call of the House, was noted. Representative Kott placed a call of the House and lifted the call. Representative Navarre placed a call of the House and lifted the call. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 2 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, G.Davis, Hanley, Ivan, Kohring, Kott, MacLean, Moses, Mulder, Ogan, Phillips, Porter, Toohey, Vezey, Williams Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, James, Kelly, Kubina, Mackie, Martin, Masek, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Therriault, Willis And so, Amendment No. 2 was not adopted. 1995-05-02 House Journal Page 1758 HB 217 Amendment No. 3 was offered by Representatives Mackie and Ivan: Page 1, line 3, after "districts" (title amendment): Insert ", regional resource centers, the state boarding school," Page 1, line 4, after "areas" (title amendment): Insert "; and providing for an effective date" Page 4, after line 18: Insert new bill sections to read: "* Sec. 8. FINDINGS AND PURPOSE ASTO SECTIONS 9 - 16. Many school districts are facing the need to restructure their operations and their work forces in order to reduce expenditures and balance budgets. Retirement incentives are management tools that have been used extensively by the private sector, the federal government, and other state and local governments across the country. The purpose of secs.9 - 16 of this Act is to make this management tool temporarily available to the public schools and regional resource centers of the state. Sections 9 - 16 of this Act will enable these entities to be more efficient and cost-effective by eliminating certain nonessential positions, and producing a net reduction in personnel costs. * Sec. 9. RETIREMENT INCENTIVE PROGRAM. (a) A school district, regional educational attendance area, regional resource center, or the state boarding school may adopt a retirement incentive plan under sec.10 of this Act and designate categories of employees eligible to participate in that plan. An employer need not extend the incentive plan to all employees who would otherwise be eligible, but may choose to extend the plan only to employees (1) in specific budget or administrative components of the employer; (2) in specific job classifications; (3) in specific geographic locations; or (4) on the basis of any combination of factors under (1) - (3) of this subsection. (b) An employee is eligible to participate in a retirement incentive plan under secs.8 - 16 of this Act only if the 1995-05-02 House Journal Page 1759 HB 217 (1) employee is a vested member of the public employees' retirement system or the teachers' retirement system; (2) employee will be qualified to retire under AS14.25.110 or AS39.35.370 after receipt of the credit described in (f) of this section; (3) savings to the employer in personal services costs for the employee's position will exceed the costs to the employer for that position within three years after the employee is appointed to retirement. (c) An employer shall file its proposed retirement incentive plan with the commissioner of administration. The commissioner shall approve the plan if the plan meets the requirements of secs.8 - 16 of this Act. A proposed plan filed under this section must (1) identify job classifications of employees, and specific budget or administrative components, eligible to participate in the plan; (2) include a reimbursement agreement that (A) requires the employer, for each employee who retires under the plan, to reimburse the appropriate retirement system, within three years after the end of the fiscal year in which the employee is appointed to retirement, in an amount equal to (i) the actuarial equivalent of the difference between the benefits the participant receives after the addition of the credit under (f) of this section and the amount the participant would have received without the credit, less the amount the participant has paid on the indebtedness determined under (d) or (e) of this section; and (ii) an appropriate share of the administrative costs of the program; and (B) provides that contributions from the employer under this section take priority over other obligations of the employer to the maximum extent permitted by law. (d) A member of the teachers' retirement system who participates in an approved retirement incentive plan under secs.8 - 16 of this Act is indebted to that system for an amount calculated under this subsection. The indebtedness is 25.95 percent of the member's actual compensation for the school year in which the member terminates employment, or the calculated school year compensation for a member who works less than the entire school year. An outstanding 1995-05-02 House Journal Page 1760 HB 217 indebtedness at the time a member is appointed to retirement under an approved retirement incentive plan requires an actuarial adjustment to the benefits payable to that member. (e) A member of the public employees' retirement system who participates in an approved retirement incentive plan under secs.8 - 16 of this Act is indebted to that system for an amount calculated under this subsection. The indebtedness is 20-1/4 percent of the member's actual annual compensation for the year in which the member terminates employment, or the calculated annual compensation for a member who works fewer than 12 months. An outstanding indebtedness at the time a member is appointed to retirement under an approved retirement incentive plan requires an actuarial adjustment to the benefits payable to that member. (f) An employee who participates in an approved retirement incentive plan under secs.8 - 16 of this Act receives a credit of three years. The three years must be applied in the following order until exhausted: (1) to meet the age or service required for eligibility for normal retirement under AS14.25.110 or AS39.35.370, as appropriate; (2) to meet the age required for early retirement under AS14.25.110 or AS39.35.370, as appropriate; (3) to reduce the actuarial adjustment required for early re- tirement under AS14.25.110 or AS39.35.370, as appropriate; (4) as years of credited service for calculating retirement benefits. * Sec. 10. AUTHORIZATION FOR RETIREMENT INCENTIVE. (a) An employer may adopt, and file with the commissioner of administration for approval, a proposed retirement incentive plan for its employees. A plan adopted under this section must provide that the application period for participation in the retirement incentive plan is June30, 1995, through December31, 1995. (b) The commissioner of administration may not accept the application of an employee to participate in an approved retirement incentive plan adopted under this section unless the employee will be appointed to retirement on or before August1, 1996. The employer, in a plan adopted under this section, may set an earlier date by which an employee must be appointed to retirement in order to participate in the plan. 1995-05-02 House Journal Page 1761 HB 217 * Sec. 11. RECOVERY OF EMPLOYER DELINQUENCIES. To recover a delinquency owed by an employer other than the state under an agreement entered into under sec.9(c)(2) of this Act, the Department of Administration may (1) direct that the amount of the delinquency or a lesser amount be withheld from any money payable to the employer by a state department or agency and that the amount withheld be credited to the delinquency; and (2) bring an action against the employer. * Sec. 12. REEMPLOYMENT INDEBTEDNESS; PROHIBITION ON REEMPLOYMENT. (a) If an individual is reemployed as a member of the public employees' retirement system under AS39.35, the teachers' retirement system under AS14.25, the judicial retirement system under AS22.25, or the optional university retirement program under AS14.40.661- 14.40.799 after appointment to retirement under secs.8 - 16 of this Act, that individual forfeits the incentive credit received under sec.9(f) of this Act and is indebted to the system under which the individual took retirement. The indebtedness is 110 percent of the amount the individual received as a result of participation in a retirement incentive plan under secs.8 - 16 of this Act and to which the individual would not otherwise have been entitled, including the cost of health insurance. The amount that the individual has paid under sec. 9(d) or (e) of this Act will be applied as a credit toward the reemployment indebtedness. Interest on the reemployment indebtedness accrues from the date of reemployment until the date that the individual either is appointed to retirement and accepts an actuarial adjustment to the individual's future benefits or repays the indebtedness in full. The rate of interest is that established by regulation for the public employees' retirement system by the public employees' retirement board and for the teachers' retirement system by the teachers' retirement board. (b) An individual who was appointed to retirement under secs.8 - 16 of this Act may not be employed by, or enter into a contract for personal services with, a state agency or the University of Alaska within the three years after the date of appointment to retirement, except that (1) the University of Alaska may enter into a personal services contract with the individual for teaching or research; and 1995-05-02 House Journal Page 1762 HB 217 (2) the individual may accept employment with the legislature during a legislative session if the employment is on an hourly basis and does not entitle the individual to receive retirement, health, or leave benefits. (c) Notwithstanding the prohibition in (b) of this section, a state agency or the University of Alaska may enter into a personal services contract with an individual who was appointed to retirement under secs.8 - 16 of this Act if the Board of Regents, for the University of Alaska, or the commissioner of administration, for a state agency, determines that there is a compelling reason to do so because of the individual's specialized or extensive experience that relates to a particular program or project of the state agency or university. * Sec. 13. OFFICE OF MANAGEMENT AND BUDGET. (a) The office of management and budget shall submit a report to the legislature on the retirement incentive program under secs.8 - 16 of this Act on January15, 1997. The report must provide the information necessary for the legislature to evaluate the effectiveness of the programs in achieving their objectives. * Sec. 14. PROGRAM CHANGES. (a) An individual employee does not have a vested or contractual right to a benefit under secs.8 - 16 of this Act until an agreement is executed with the administrator that specifically authorizes that employee to participate in the retirement incentive program under secs.8 - 16 of this Act. The legislature reserves the right to change any aspect of the retirement incentive program as it relates to employees for whom participation agreements have not yet been executed with the administrator or with the commissioner of administration. (b) In this section, "administrator" means the administrator of the public employees' retirement system for employees who are members of that system, and the administrator of the teachers' retirement system for employees who are members of that system. *Sec. 15. REGULATIONS. The commissioner of the Department of Administration may adopt regulations under AS44.62 (Administrative Procedure Act) to implement and interpret secs.8 - 16 of this Act. * Sec. 16. DEFINITIONS. (a) Unless provided otherwise in secs.8 - 16 of this Act, the definitions set out in AS14.25.220 apply to provisions in secs.9 - 12 of this Act that relate to the teachers' retirement system and members of the teachers' retirement system. 1995-05-02 House Journal Page 1763 HB 217 (b) Unless provided otherwise in secs.8 - 16 of this Act, the definitions set out in AS39.35.680 apply to provisions in secs.9 - 12 of this Act that relate to the public employees' retirement system and members of the public employees' retirement system. (c) In secs.8 - 16 of this Act, (1) "employer" means a school district, regional educational attendance area, regional resource center, or the state boarding school; (2) "office of management and budget" means the office of management and budget in the Office of the Governor; (3) "public employees' retirement system" means the Public Employees' Retirement System of Alaska (AS39.35); (4) "teachers' retirement system" means the Teachers' Retirement System of Alaska (AS14.25)." Renumber the following bill section accordingly. Page 12, after line 20: Insert new bill sections to read: "* Sec. 18. Sections 9 and 10 of this Act are repealed July1, 1997. * Sec. 19. Sections 8- 16 of this Act take effect immediately under AS01.10.070(c)." Representative Mackie moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Barnes objected. Amendment to Amendment No. 3 was offered by Representative Parnell: Under Section 13: Delete "January 15, 1997" Insert "April 15, 1997" 1995-05-02 House Journal Page 1764 HB 217 Representative Parnell moved and asked unanimous consent that the amendment to Amendment No. 13 be adopted. Representative Mackie objected and withdrew the objection. There being no further objection, it was so ordered. Representative Toohey placed a call of the House. The Speaker invoked Section 102 of Mason's Manual. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objection was heard and the members were required to vote. Representative Bunde Representative Davies The call was satisfied. Representative Barnes rose to a point of order, citing Rule 24(d) of the Uniform Rules. The Speaker ruled that the point was not well taken. The question being: "Shall Amendment No. 3 as amended pass the House?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 3 as amended YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 1995-05-02 House Journal Page 1765 HB 217 Yeas: Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Kubina, MacLean, Martin, Masek, Sanders, Willis And so, Amendment No. 3 as amended was adopted, and the new title appears below: CS FOR HOUSE BILL NO. 217(L&C) am "An Act relating to teacher tenure, teacher layoff and rehire rights, public access to information on public school collective bargaining, and to the right of tenured teachers to judicial review of decisions of nonretention or dismissal; and relating to retirement for certain employees of school districts, regional resource centers, the state boarding school, and regional educational attendance areas; and providing for an effective date." Amendment No. 4 was offered by Representative MacLean: Page 1, line 14: Delete "four" Insert "five" Page 2, lines 8, 9 and 12: Delete "four" Insert "five" Representative MacLean moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: 1995-05-02 House Journal Page 1766 HB 217 CSHB 217(L&C) am Second Reading Amendment No. 4 YEAS: 5 NAYS: 34 EXCUSED: 0 ABSENT: 1 Yeas: Foster, Kelly, MacLean, Martin, Moses Nays: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Absent: Sanders Nicholia changed from "Yea" to "Nay". And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative MacLean: Page 1, line 1, after "teacher tenure" through line 4 (title amendment): Delete all material. Insert "." Representative MacLean moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 5 YEAS: 5 NAYS: 33 EXCUSED: 0 ABSENT: 2 1995-05-02 House Journal Page 1767 HB 217 Yeas: Foster, Kubina, MacLean, Martin, Masek Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes, Sanders And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative B. Davis: Page 1, line 6, through page 2, line 12: Delete all material. Page 4, lines 19-20: Delete all material. Renumber bill sections accordingly. Representative B. Davis moved and asked unanimous consent that Amendment No. 6 be adopted. Representative MacLean objected. Representative Vezey placed a call of the House on the bill. The call was satisfied. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 6 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 1995-05-02 House Journal Page 1768 HB 217 Yeas: Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Martin, Mulder, Navarre, Robinson, Williams, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Willis: Page 1, line 14: Delete "four" Insert "three" Page 2, line 8: Delete "four" Insert "three" Page 2, line 9: Delete "four" Insert "three" Page 2, line 12: Delete "four" Insert "three" Representative Willis moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 1995-05-02 House Journal Page 1769 HB 217 CSHB 217(L&C) am Second Reading Amendment No. 7 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Hanley, Kott, Kubina, Mackie, Martin, Masek, Navarre, Parnell, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, MacLean, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Kott changed from "Nay" to "Yea". Barnes changed from "Nay" to "Yea". Bunde changed from "Yea" to "Nay". Sanders changed from "Nay" to "Yea". Mulder changed from "Yea" to "Nay". And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Elton: Page 1, line 6, through page 2, line 2: Delete all material. Page 2, line 3: Delete "Sec. 2. AS14.20.150 is amended to read:" Insert "Section 1. AS14.20.150(a) is amended to read:" Page 2, line 4: Delete "Sec. 14.20.150. ACQUISITION OF TENURE RIGHTS. (a) A" Insert "(a) Unless the school board votes to extend the period of nontenure as provided in (c) - (h) of this section, a" 1995-05-02 House Journal Page 1770 HB 217 Page 2, line 8: Delete "four [TWO]" Insert "two" Page 2, line 9: Delete "four [TWO]" Insert "two" Page 2, lines 10 - 12: Delete all material. Insert a new bill section to read: "* Sec. 2. AS14.20.150 is amended by adding new subsections to read: (c) A school district that has a nontenured teacher evaluation program that satisfies the requirements of this section may extend the probationary period of a nontenured teacher by one year if the district finds, after observation, that the teacher is not performing at a level that warrants granting tenure but the district evaluator believes that the teacher's performance may improve sufficiently after an additional year of nontenured status to warrant granting the teacher tenure at that time. (d) A school district shall establish procedures for evaluating the performance of nontenured teachers. The procedures must provide the teacher with at least two evaluations each year. An evaluation under this subsection consists of a preobservation conference, a formal observation at the teacher's instruction site to observe the teacher while the teacher is teaching, and a post- observation conference to discuss the teacher's instructional delivery, planning, interpersonal skills, knowledge of the subject matter, and other professional qualities and abilities. The evaluation shall be conducted by an evaluator who meets the requirements of (g) of this section. (e) The provisions of (a) and (b) of this section apply to nontenured teachers whose nontenured status has been extended under (c) of this section, except that the teacher does not acquire tenure rights unless the teacher is reemployed for the school year immediately following the three full continuous school years of employment. 1995-05-02 House Journal Page 1771 HB 217 (f) If an evaluator determines that a nontenured teacher is not performing successfully, the evaluator shall identify specific measurable and relevant objectives that the nontenured teacher must achieve before being granted tenure. (g) To qualify as an evaluator under this section, the person shall demonstrate that the person received in-service training on the evaluation policy and procedure of the school district. (h) A school district shall invite, obtain, and consider community comments and suggestions, including the comments and suggestions of students, parents, teachers, and administrators, in the design of the procedures for and the content of teacher evaluations." Representative Elton moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 8 be adopted?" the roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 8 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Navarre, Robinson, Williams, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 8 was not adopted. 1995-05-02 House Journal Page 1772 HB 217 Amendment No. 9 was offered by Representative B. Davis: Page 2, following line 12, insert a new subsection to read: "(c) Notwithstanding AS 14.20.150 a school district may withhold full tenure for up to two years, for a teacher whose performance has been formally observed and evaluated as needing improvement. Nothing in this section prohibits a school board from granting tenure to a teacher after two years of satisfactory service. If in the third year, the teacher's evaluation indicates satisfactory performance, tenure will be offered. If the teacher is retained for a fourth year, but the teacher is not fully tenured, tenure rights become effective as prescribed in AS 14.20.150(b). Non-retention during this second two year period may only be for just cause." Representative B. Davis moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 9 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Robinson, Williams, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 9 was not adopted. 1995-05-02 House Journal Page 1773 HB 217 Amendment No. 10 was offered by Representative Elton: Page 3, line 14, after "section": Insert "unless the teacher declines the offer because the teacher is contractually obligated to provide professional services to another private or public educational program in Alaska" Representative Elton moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 10 YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: MacLean, Moses, Vezey And so, Amendment No. 10 was adopted. Amendment No. 11 was offered by Representative Brice: Page 3, lines 25 - 26: Delete "A teacher on layoff status is not entitled to be reemployed under AS14.20.145 and does not accrue leave. However, layoff" Insert "Layoff" 1995-05-02 House Journal Page 1774 HB 217 Representative Brice moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 11 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Masek, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 11 was not adopted. Amendment No. 12 was not offered. Amendment No. 13 was offered by Representative Elton: Page 1, line 3, after "dismissal" (title amendment): Insert "relating to terms of employment for administrators;" Page 1, line 6, insert a new section to read: "Section 1. AS 14.20.130 is amended to read: Sec. 14.20.130. EMPLOYMENT OF TEACHERS AND ADMINISTRATORS. An employer may, after January 1, issue contracts for the following school year to employees regularly qualified in accordance with the regulations of the department. 1995-05-02 House Journal Page 1775 HB 217 The contract for a superintendent may not be for more than one school year but may contain two one-year extensions [NOT EXCEED THREE CONSECUTIVE SCHOOL YEARS]." Renumber the following sections accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 13 YEAS: 10 NAYS: 30 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Masek, Robinson, Therriault, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Williams changed from "Yea" to "Nay". Mackie changed from "Yea" to "Nay". Grussendorf changed from "Yea" to "Nay". And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative B. Davis: Page 1, line 1, after "relating to" (title amendment): Insert "employment rights of teachers," 1995-05-02 House Journal Page 1776 HB 217 Page 1, line 2 (title amendment): Delete "judicial" Page 2, line 18: Delete "AS 14.20.175(b) is amended to read:" Insert "AS 14.20.175 is amended to read: Sec. 14.20.175. NONRETENTION. (a) A teacher who has not acquired tenure rights is subject to nonretention for the school year following the expiration of the teacher's contract for just [ANY] cause and [THAT THE EMPLOYER DETERMINES TO BE ADEQUATE. HOWEVER, AT THE TEACHER'S REQUEST, THE TEACHER] is entitled to a written statement of the cause for nonretention. [THE BOARDS OF CITY AND BOROUGH SCHOOL DISTRICTS AND REGIONAL EDUCATIONAL ATTENDANCE AREAS SHALL PROVIDE BY REGULATION OR BYLAW A PROCEDURE UNDER WHICH A NONRETAINED TEACHER MAY REQUEST AND RECEIVE AN INFORMAL HEARING BY THE BOARD.]" Page 4, line 2: Delete "AS 14.20.180(b) is amended to read:" Insert "AS 14.20.180 is amended to read: Sec. 14.20.180. PROCEDURE AND HEARING UPON NOTICE OF DISMISSAL OR NONRETENTION. (a) An employer shall include in a notification of [DISMISSAL OF A TEACHER WHO HAS NOT ACQUIRED TENURE RIGHTS, OR OF] nonretention or dismissal of a tenured or nontenured teacher, a statement of cause and a complete bill of particulars." Page 4, line 6: Delete "If the tenured" Insert "The nontenured teacher may, within 15 days immediately following receipt of the notification, notify the employer in writing that a hearing before the school board is requested. If the" Page 4, line 10: Delete "tenured" Insert "[TENURED]" 1995-05-02 House Journal Page 1777 HB 217 Page 4, after line 12: Insert "(c) Upon receipt of the notification requesting a hearing, the employer shall immediately arrange for a hearing, and shall notify the [TENURED] teacher or administrator in writing of the date, time, and place of the hearing. A written transcript, tape, or similar recording of the proceedings shall be kept. Transcribed copies shall be furnished to the [TENURED] teacher for cost upon request of the [TENURED] teacher. A final decision of the school board requires a majority vote of the membership. The vote shall be by roll call. The final decision shall be written and contain specific findings of fact and conclusions of law. A written notification of the decision shall be furnished to the [TENURED] teacher within 10 days of the date of the decision." Page 4, line 14, after "Sec. 14.20.205.": Insert "ARBITRATION AND" Page 4, line 15: Delete "after a hearing under AS14.20.180" After "entitled to": Insert "mandatory, advisory arbitration conducted by a neutral third party. If the decision of the school board remains unfavorable to a tenured teacher after the advisory arbitration, the tenured teacher is entitled to" Representative B. Davis moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 14 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 1995-05-02 House Journal Page 1778 HB 217 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Masek, Navarre, Robinson, Williams, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey And so, Amendment No. 14 was not adopted. Amendment No. 15 was offered by Representative Davies: Page 3, line 26: Delete "However, layoff" Insert "A teacher on layoff status is entitled to have the teacher's health benefits continued during the period of layoff at the expense of the school district. Layoff" Representative Davies moved and asked unanimous consent that Amendment No. 15 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 15 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 15 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Masek, Robinson, Willis 1995-05-02 House Journal Page 1779 HB 217 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 15 was not adopted. Amendment No. 16 was offered by Representative Davies: Page 3, line 25, after "(e)": Insert "A teacher on layoff status accrues credited service under the teachers' retirement system (AS 14.25) during the period of layoff." Representative Davies moved and asked unanimous consent that Amendment No. 16 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 16 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Masek, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 16 was not adopted. 1995-05-02 House Journal Page 1780 HB 217 Amendment No. 17 was offered by Representative Finkelstein: Page 4, following line 1: Insert "(g) In making layoff decisions, a school district may not allow an increase of over ten percent in the pupil-teacher ratio of the district or regional educational attendance area." Representative Finkelstein moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 17 YEAS: 10 NAYS: 30 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Masek, Navarre, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 17 was not adopted. Representative Vezey lifted the call. Amendment No. 18 was offered by Representative Brice: Page 4, after line 1: Insert a new subsection to read: "(g) A teacher on layoff status may propose additional training that the teacher would like to receive in the state for 1995-05-02 House Journal Page 1781 HB 217 recertification. The district shall pay for the additional training unless the district demonstrates that the proposal is unreasonable." Representative Brice moved and asked unanimous consent that Amendment No. 18 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 18 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 18 YEAS: 8 NAYS: 28 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Barnes, Finkelstein, Kubina, MacLean And so, Amendment No. 18 was not adopted. Amendment No. 19 was offered by Representative Willis: Page 1, line 4, after "areas" (title amendment): Insert "; and relating to employment rights of noncertificated employees of public schools" Page 1, after line 5: Insert a new bill section to read: "* Section 1. AS14.20 is amended by adding a new section to read: Sec. 14.20.135. EMPLOYMENT OF NONCERTIFICATED EMPLOYEES IN PUBLIC SCHOOLS. (a) A noncertificated 1995-05-02 House Journal Page 1782 HB 217 employee of a public school who has successfully completed a probationary period may only be terminated for just cause. A probationary period may not last longer than six months from the date of appointment to the position. (b) A public school that terminates the services of a nonprobationary noncertificated employee shall notify the employee of the reasons for the termination of services and shall, if requested by the employee, afford the employee a hearing. (c) The department shall implement this section by regulation." Page 1, line 6: Delete "* Section 1" Insert "* Sec. 2" Renumber the following bill sections accordingly. Page 4, line 19: Delete "secs. 1 and 2" Insert "secs. 2 and 3" Representative Willis moved and asked unanimous consent that Amendment No. 19 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 19 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 19 YEAS: 10 NAYS: 26 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Brown, Davies, B.Davis, Elton, Masek, Navarre, Nicholia, Robinson, Willis 1995-05-02 House Journal Page 1783 HB 217 Nays: Austerman, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Barnes, Finkelstein, Kubina, MacLean And so, Amendment No. 19 was not adopted. Amendment No. 20 was offered by Representative Finkelstein: Page 2, following line 12, insert a new subsection to read: "(c) by the end of the second year of employment, the district will provide a non-tenured teacher a written evaluation and, if necessary, will develop a plan for improvement in cooperation with the teacher, established mentors and appropriate administrators." Representative Mackie moved and asked unanimous consent that Amendment No. 20 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 20 was adopted. Amendment No. 21 was offered by Representative Willis: Page 3, line 1, after "(a)": Delete "A" Insert "Except as provided in (g) of this section, a" Page 4, after line 1: Insert a new subsection to read: "(g) A school district may only lay off a tenured teacher if the district also reduces the number of its administrators in proportion to the reduction in teaching staff. In complying with this subsection, a district is not required to reduce an administrative position until the amount of the reduction is equal to at least 20 percent of the administrative position's time." 1995-05-02 House Journal Page 1784 HB 217 Representative Willis moved and asked unanimous consent that Amendment No. 21 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 21 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 21 YEAS: 3 NAYS: 33 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Finkelstein, Willis Nays: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Absent: Barnes, Kubina, MacLean, Sanders And so, Amendment No. 21 was not adopted. Amendment No. 22 was offered by Representative Brice: Page 1, line 4, after "areas" (title amendment): Insert "; and relating to computation of years of credited service for noncertificated employees of public schools" Page 4, after line 18: Insert a new bill section to read: "* Sec. 8. AS39.35 is amended by adding a new section to read: Sec. 39.35.677. COMPUTING YEARS OF CREDITED SERVICE FOR EMPLOYMENT ASA NONCERTIFICATED EMPLOYEE OF A PUBLIC SCHOOL. (a) When computing the 1995-05-02 House Journal Page 1785 HB 217 credited service to which a member is entitled for employment as a noncertificated employee of a public school in the state, the administrator shall apply the definition of "years of service" found in AS14.25.220 to the period of employment as a noncertificated employee of a public school in the state. (b) In this section, "public school" has the meaning given in AS14.60.010." Renumber the following bill section accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 22 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 22 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 22 YEAS: 11 NAYS: 24 EXCUSED: 0 ABSENT: 5 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Mulder, Navarre, Nicholia, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey Absent: Barnes, Grussendorf, Kubina, MacLean, Sanders And so, Amendment No. 22 was not adopted. 1995-05-02 House Journal Page 1786 HB 217 Amendment No. 23 was offered by Representative Brice: Page 1, line 3, after ";" (title amendment): Insert "requiring school districts and regional educational attendance areas to pay for the cost of certain immunizations for certain employees;" Page 1, after line 5: Insert a new bill section to read: "* Section 1. AS14.03 is amended by adding a new section to read: Sec. 14.03.160. PAYMENT FOR IMMUNIZATIONS. A school district or regional educational attendance area shall pay for the cost of immunizations against blood borne pathogens for an employee who requests that the school district or regional educational attendance area do so." Page 1, line 6: Delete "* Section 1" Insert "* Sec. 2" Renumber the following bill sections accordingly. Page 4, line 19: Delete "secs. 1 and 2" Insert "secs. 2 and 3" Representative Brice moved and asked unanimous consent that Amendment No. 23 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 23 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 23 YEAS: 8 NAYS: 27 EXCUSED: 0 ABSENT: 5 1995-05-02 House Journal Page 1787 HB 217 Yeas: Brice, Brown, Davies, B.Davis, Finkelstein, Grussendorf, Nicholia, Willis Nays: Austerman, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Absent: Barnes, Kubina, MacLean, Masek, Sanders And so, Amendment No. 23 was not adopted. Amendment No. 24 was offered by Representative Brice: Page 1, line 3, after ";" (title amendment): Insert "relating to unemployment compensation for certain employees of educational institutions;" Page 4, after line 18: Insert new bill sections to read: "* Sec. 8. AS23.20.354(b) is amended to read: (b) An individual who has otherwise satisfied the requirements of this chapter for the receipt of regular benefits is eligible for state interim benefits if [(1) THE INDIVIDUAL'S WEEKLY BENEFIT AMOUNT PAYABLE UNDER THIS CHAPTER IS REDUCED OR DENIED UNDER AS23.20.381(h); OR (2)] the individual is a noncertificated individual who provides compensated service to a school district for teaching indigenous languages and the individual's weekly benefit amount payable under this chapter is reduced or denied under AS23.20.381(e). * Sec. 9. AS23.20.354(c) is amended to read: (c) The amount of state interim benefits payable to an individual for a week is equal to the difference between the individual's weekly benefit amount, including the dependents allowance, established under AS23.20.350 and the individual's weekly benefit amount, including the dependents allowance, 1995-05-02 House Journal Page 1788 HB 217 payable for that week under AS23.20.381(e) [OR 23.20.381(h)]. The total amount of state interim benefits paid may not exceed the total amount of regular benefits denied solely under AS23.20.381(e) [OR 23.20.381(h)]. * Sec. 10. AS23.20.381(i) is amended to read: (i) Benefits based on services described in (e) [AND (h)] of this section may not be paid to an individual for a week that begins during an established and customary vacation period or holiday recess if the individual performs those services in the period immediately before the vacation period recess and there is a reasonable assurance that the individual will perform those services in the period immediately following the vacation period or holiday recess. * Sec. 11. AS23.20.381(j) is amended to read: (j) Benefits based on services described in (e) [AND (h)] of this section shall be denied under (e) [, (h),] and (i) of this section to an individual who performed those services in an educational institution while in the employ of an educational service agency. In this subsection, "educational service agency" means a governmental agency or governmental entity that is established and operated exclusively for the purpose of providing services to one or more educational institution. * Sec. 12. AS23.20.381(h) is repealed." Renumber the following bill section accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 24 be adopted. Representative Ivan objected. The question being: "Shall Amendment No. 24 be adopted?" The roll was taken with the following result: CSHB 217(L&C) am Second Reading Amendment No. 24 YEAS: 12 NAYS: 23 EXCUSED: 0 ABSENT: 5 1995-05-02 House Journal Page 1789 HB 217 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Martin, Navarre, Nicholia, Robinson, Therriault, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey, Vezey, Williams Absent: Barnes, Kubina, MacLean, Masek, Sanders And so, Amendment No. 24 was not adopted. Amendment No. 25 was offered by Representative Finkelstein: Page 2, line 8: Delete "[TWO] full school" Insert "[TWO FULL SCHOOL]" After "years" Insert "since the day originally hired." Delete "and is reemployed for the school year immediately following the four [TWO] full school years" Insert "[AND IS REEMPLOYED FOR THE SCHOOL YEAR IMMEDIATELY FOLLOWING THE TWO FULL SCHOOL YEARS]" Page 2, line 12, after "the": Insert "original" Delete "full school" Insert "[FULL SCHOOL]" Representative Finkelstein moved and asked unanimous consent that Amendment No. 25 be adopted. Representative Ivan objected. Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 25. There being no objection, it was so ordered. 1995-05-02 House Journal Page 1790 HB 217 Representative Vezey moved and asked unanimous consent that CSHB217(L&C)am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB 217(L&C) am will be in third reading on the May 3, 1995, calendar. HB 224 The following was read the second time: HOUSE BILL NO. 224 "An Act relating to the state plumbing code." with the: Journal Page L&C RPT CS(L&C) 2DP 4NR 1281 ZERO FISCAL NOTE (LABOR) 1281 STA REFERRAL ADDED 1327 STA RPT CS(STA) 7DP 1568 ZERO FISCAL NOTE (LABOR) 4/12/95 1568 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. 224(L&C) (same title) Objection was heard. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 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. 224(STA) (same title) Objection was heard. 1995-05-02 House Journal Page 1791 HB 224 The Speaker stated that without objection, HB 224 would be held to the May 3, 1995, calendar. There being no objection, it was so ordered. HB 251 The following was read the second time: HOUSE BILL NO. 251 "An Act relating to Native corporations." with the: Journal Page L&C RPT CS(L&C) NT 1DP 3NR 1AM 1622 ZERO FISCAL NOTE (DCED) 1623 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. 251(L&C) "An Act relating to the meetings, shareholder proposals, and removal of directors of Native corporations." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Masek: Page 2, lines 13-16: Delete all material. Reletter the following subsection accordingly. Representative Masek moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Williams objected. Representative Ivan moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Ivan was required to vote. 1995-05-02 House Journal Page 1792 HB 251 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 251(L&C) Second Reading Amendment No. 1 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, B.Davis, Elton, Finkelstein, Kohring, Kubina, Mackie, Martin, Masek, Nicholia, Ogan, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, MacLean, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Kohring changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB251(L&C) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB 251(L&C) will be in third reading on the May 3, 1995, calendar. SECOND READING OF SENATE BILLS SB 135 The following was read the second time: SENATE BILL NO. 135 am "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date." 1995-05-02 House Journal Page 1793 SB 135 with the: Journal Page FIN RPT HCS(FIN) 3DP 2DNP 4NR 1630 2 SENATE FISCAL NOTES (REV, DPS) 3/30/95 1631 2 SENATE ZERO FNS (LAW, DOE) 4/11/95 1631 SENATE ZERO FN (CORR) 3/30/95 1631 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 135(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSSB135(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCSSB135(FIN) will be in third reading on the May 3, 1995, calendar. RECONSIDERATION HB 202 Representative Davies brought up reconsideration of the vote on CSHB202(HES) (page 1706). The following was again before the House in third reading: 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." 1995-05-02 House Journal Page 1794 HB 202 Representative Davies moved and asked unanimous consent that CSHB202(HES) be returned to second reading for the specific purpose of considering Amendment No. 1. Objection was heard. The question being: "Shall CSHB202(HES) be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: CSHB 202(HES)--RECONSIDERATION Third Reading Return to Second for Amendment No. 1 YEAS: 12 NAYS: 26 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Brown, Hanley Barnes changed from "Absent" to "Nay". And so, the motion failed. Representative Navarre moved and asked unanimous consent that the House rescind previous action in failing to return to second reading for the specific purpose of considering Amendment No. 1. Objection was heard. Representative Navarre moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSHB202(HES) pass the House?" The roll was taken with the following result: 1995-05-02 House Journal Page 1795 HB 202 CSHB 202(HES)--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Davies And so, CSHB202(HES) passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Nicholia moved and asked unanimous consent that the House adopt the following letter of intent for CSHB 202(HES) by Representatives Nicholia and Porter: "It is the intent of the Legislature to recognize that eligible Native American parents may receive rehabilitation services from the Indian Health Service or tribal contractor under the Indian Self-Determination Act. It is intended that in implementing this legislation persons eligible for services under the Indian Health Care Improvement Act be allowed to receive services from Indian Health Service and tribal service providers to the greatest extent possible." There being no objection, it was so ordered. CSHB 202(HES) was referred to the Chief Clerk for engrossment. 1995-05-02 House Journal Page 1796 SECOND READING OF SENATE BILLS (continued) SB 150 The following was read the second time: SENATE BILL NO. 150 "An Act establishing Dutch Harbor Remembrance Day." with the: Journal Page STA RPT 5DP 1663 SENATE ZERO FISCAL NOTE (GOV) 4/21/95 1664 Representative Vezey moved and asked unanimous consent that SB150 be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that SB 150 will be in third reading on the May 3, 1995, calendar. SECOND READING OF HOUSE RESOLUTIONS HR 10 The following was read the second time: HOUSE RESOLUTION NO. 10 Relating to the conversion of the Naval Air Facility in Adak. The question being: "Shall HR 10 pass the House?" The roll was taken with the following result: HR 10 Second Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1995-05-02 House Journal Page 1797 HR 10 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, HR 10 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 - Katie John By Senator Lincoln; Representatives Nicholia, Austerman, Brice, Brown, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Robinson, Sanders, Willis In Memoriam - Floyd H. Wheeler By Representatives Foster, Phillips, Brice, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Nicholia, Sanders, Toohey, Vezey, Willis UNFINISHED BUSINESS HB 35 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 35 "An Act relating to the grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." HB 35 was referred to the Rules Committee for placement on the calendar. 1995-05-02 House Journal Page 1798 SB 171 Representative Green, Co-chair, moved and asked unanimous consent that the following be waived from the Resources Committee: CS FOR SENATE BILL NO. 171(RES) "An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date." Objection was heard. Representative Green moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 78 The Finance Committee submitted the following fiscal notes: Fiscal notes (3), Dept. of Health & Social Services, 5/2/95 for: CS FOR HOUSE BILL NO. 78(FIN) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents and the maximum amount of assistance that may be granted; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." The fiscal notes replaced the following notes: Fiscal note #1, Dept. of Health & Social Services, 4/5/95 Fiscal note #11, Dept. of Health & Social Services, 4/5/95 Fiscal note #12, Dept. of Health & Social Services, 4/5/95 Fiscal note #16, Dept. of Health & Social Services, 5/1/95 1995-05-02 House Journal Page 1799 HB 78 CSHB 78(FIN) was on today's calendar (page 1740). HB 87 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 87 "An Act authorizing youth courts to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts." SCR 13 Representatives Robinson, Nicholia and B.Davis added their names as cross sponsors to: CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators. SB 124 Representative Brown added her name as cross sponsor to: SENATE BILL NO. 124 "An Act relating to the human services community matching grant program; and providing for an effective date." SB 150 Representatives Toohey, Navarre, James and Robinson added their names as cross sponsors to: SENATE BILL NO. 150 "An Act establishing Dutch Harbor Remembrance Day." 1995-05-02 House Journal Page 1800 ENGROSSMENT HB 122 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. 122(FIN) "An Act imposing a reporting requirement on certain sales, transfers, and consumption or uses of motor fuel, increasing the motor fuel tax on motor fuel used in and on watercraft, and authorizing payment of a portion of that tax as refunds to municipalities; and providing for an effective date." HB 130 The following, which was engrossed (page 1720), was reengrossed: CS FOR HOUSE BILL NO. 130(FIN) am(reengrossed) "An Act relating to the adoption, amendment, and repeal of regulations." HB 202 CSHB 202(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted with a letter of intent to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 3, 1995. There being no objection, the House adjourned at 11:13 p.m. Suzi Lowell Chief Clerk