Legislature(1995 - 1996)
1995-05-04 House Journal
Full Journal pdf1995-05-04 House Journal Page 1845 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday May 4, 1995 One Hundred Ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:40 a.m. Roll call showed 36 members present. Representatives Hanley, Kubina, MacLean and Navarre were absent. The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Seventh Day Adventist Church. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Good morning, My Father, I Praise Your Name, how great You are. You are covered with glory and majesty. You have set the earth firmly in orbit and no one can move it out of its place. Truly, You are God. Today, as mortal humans, we have attempted to draw the minds of men and women toward You by a national day of prayer today. Churches all across our land will open their doors for people to come and pray for our leaders and our country. Hear each prayer from each heart. Truly we recognize our need of You in our land. Therefore, this morning, in this House session, may Your Spirit guide these men and women as they attempt to bring economic stability, healing, balance, and guidance for our state. We know that if we let You guide us, there will be no failure. 1 1995-05-04 House Journal Page 1846 So bless each person in this chamber today, and when the day ends, may we say, thank You Lord. In Jesus' Name we pray. Amen." The Pledge of Allegiance was led by Representative Ivan. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 108th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 208 A message dated May 3, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 208(FSH) "An Act relating to seafood processing permits and hazard analysis critical control point plans; relating to seafood processing plans of operation and quality assurance plans; and providing for an effective date." CSHB 208(FSH) was referred to the Chief Clerk for enrollment. HB 214 A message dated May 3, 1995, was read stating the Senate has passed: HOUSE BILL NO. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format." HB 214 am was referred to the Chief Clerk for enrollment. 1995-05-04 House Journal Page 1847 HB 320 A message dated May 3, 1995, was read stating the Senate has passed: HOUSE BILL NO. 320 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." HB 320 was referred to the Chief Clerk for enrollment. **The presence of Representative MacLean was noted. A message dated May 3, 1995, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 115 CS FOR SENATE BILL NO. 115(FIN) am by the Senate Finance Committee; entitled: "An Act repealing the Uniform Reciprocal Enforcement of Support Act; enacting the Uniform Interstate Family Support Act; relating to administrative establishment and disestablishment of paternity and establishing paternity by affidavit; relating to child support enforcement; amending Alaska Rules of Civil Procedure 79, 82, and 90.3(h)(2); and providing for an effective date." was read the first time and referred to the Finance Committee. The Senate adopted a Senate Finance Committee Letter of Intent (page 1405 of the Senate Journal). SB 130 CS FOR SENATE BILL NO. 130(RLS) by the Senate Rules Committee; entitled: "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date." 1995-05-04 House Journal Page 1848 SB 130 was read the first time and referred to the Finance Committee. SB 172 SENATE BILL NO. 172 by the Senate Rules Committee by request, entitled: "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES HCR 19 The Finance Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 19 Requesting the Governor to direct the Department of Corrections to establish a task force to study current and future department operations. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 19(FIN) (same title) The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (6): Foster, Mulder, Martin, Parnell, Kelly, Navarre The following fiscal note applies to CSHCR 19(FIN): Fiscal note, House Finance Committee, 5/4/95 HCR 19 was referred to the Rules Committee for placement on the calendar. 1995-05-04 House Journal Page 1849 HB 109 The Labor & Commerce Committee has considered: HOUSE BILL NO. 109 "An Act relating to telephone directory listings and solicitations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 109(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Kott, Rokeberg, Kubina, Porter, Elton No recommendation (2): Masek, Sanders The following fiscal note applies to CSHB 109(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 5/4/95 HB 109 was referred to the Judiciary Committee. SB 16 The Resources Committee has considered: CS FOR SENATE BILL NO. 16(FIN) am "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 16(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: 1995-05-04 House Journal Page 1850 SB 16 Do pass (3): Davies, Williams, Green No recommendation (3): Ogan, Austerman, Kott The following fiscal notes apply to HCS CSSB 16(RES): Senate fiscal note, Dept. of Fish & Game, 3/27/95 Senate fiscal note, Dept. of Natural Resources, 3/27/95 Senate fiscal note, Dept. of Natural Resources, 3/20/95 Senate zero fiscal note, Dept. of Revenue, 3/27/95 CSSB 16(FIN) am was referred to the Finance Committee. SB 28 The Finance Committee has considered: CS FOR SENATE BILL NO. 28(FIN)(title am) "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 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." The report was signed by Representative Mulder, Acting Chair, with the following individual recommendations: Do pass (3): Martin, Kelly, Brown No recommendation (3): Mulder, Kohring, Therriault The following fiscal notes apply: Senate fiscal note, Dept. of Environmental Conservation, 4/19/95 Senate fiscal note, Dept. of Public Safety, 4/29/95 CSSB 28(FIN)(title am) was referred to the Rules Committee for placement on the calendar. 1995-05-04 House Journal Page 1851 SB 46 The Finance Committee has considered: CS FOR SENATE BILL NO. 46(RLS) "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (1): Martin No recommendation (8): Foster, Mulder, Parnell, Grussendorf, Kohring, Navarre, Kelly, Therriault Amend (1): Brown The following fiscal notes apply: Senate fiscal note #6, Alaska Court System, 3/6/95 Senate zero fiscal note, Dept. of Administration, 3/22/95 Senate zero fiscal note, Dept. of Law, 3/6/95 CSSB 46(RLS) was referred to the Rules Committee for placement on the calendar. SB 93 The Finance Committee has considered: 1995-05-04 House Journal Page 1852 SB 93 CS FOR SENATE BILL NO. 93(RES) "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 93(RES) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Therriault Do not pass (2): Grussendorf, Brown No recommendation (2): Navarre, Kelly The following fiscal notes apply to HCS CSSB 93(RES): Zero fiscal note, Dept. of Fish & Game, 5/4/95 Senate zero fiscal note, Dept. of Natural Resources, 2/28/95 CSSB 93(RES) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Kubina was noted. SB 117 The Finance Committee has considered: CS FOR SENATE BILL NO. 117(HES) "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." The report was signed by Representative Foster, Co-chair, with the following individual recommendations: 1995-05-04 House Journal Page 1853 SB 117 Do pass (6): Grussendorf, Mulder, Martin, Parnell, Brown, Kelly No recommendation (3): Foster, Navarre, Therriault The following fiscal note applies: Senate fiscal note, Dept. of Education, 3/21/95 CSSB 117(HES) was referred to the Rules Committee for placement on the calendar. SB 171 The Resources Committee has considered: 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." The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (4): Davies, Ogan, Williams, Green No recommendation (2): Kott, Austerman The following fiscal note applies: Senate zero fiscal note, Dept. of Fish & Game, 4/29/95 CSSB 171(RES) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1995-05-04 House Journal Page 1854 Honoring - Jeanne Berger By Representatives Navarre, Phillips, G.Davis; Senator Salo Honoring - 1995 Unalaska Raiders Native Youth Olympic Team By Representative Moses; Senator Hoffman Honoring - Mary Jackson By Representative B.Davis Honoring - Brigadier General Dan E. Dennis By Representatives Ivan, Phillips, Kott, Willis, Foster, Davies, Mulder Honoring - Wasilla High Vocational Industrial Clubs of America By Senators Green, Halford; Representative Ogan Honoring - Palmer High Vocational Industrial Clubs of America By Senators Green, Halford; Representative Ogan Honoring - Colony High Vocational Industrial Clubs of America By Senators Green, Halford; Representative Ogan Honoring - Wasilla High Future Homemakers of America By Senators Green, Halford; Representative Ogan Honoring - Palmer High Future Homemakers of America Senators Green, Halford; Representative Ogan Honoring - Houston High Future Homemakers of America By Senators Green, Halford; Representative Ogan Honoring - Wasilla High Business Professional Association of America By Senators Green, Halford; Representative Ogan Honoring - Palmer High Business Professional Association of America By Senators Green, Halford; Representative Ogan Honoring - Houston High School, Business Professional Association of America By Senators Green, Halford; Representative Ogan Honoring - Colony High Business Professional Association of America By Senators Green, Halford; Representative Ogan 1995-05-04 House Journal Page 1855 Commemorating - Police Memorial Day, May 12, 1995 By Senator Pearce; Representative Phillips In Memoriam - Karl Burton "Burt" Johnson By Representative Kohring In Memoriam - Earl Hershel Billingslea By Representatives G.Davis, Phillips, Navarre; Senators Torgerson, Salo In Memoriam - Mary E. Shade By Representative Ivan; Senator Hoffman In Memoriam - Annie Kilongak By Representative Foster In Memoriam - Donald J. House By Senator Taylor; Representative Grussendorf RECONSIDERATION HB 224 Representative Brice brought up reconsideration of the vote on CSHB 224(STA) (page 1821). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 224(STA) "An Act relating to the state plumbing code." The question to be reconsidered: "Shall CSHB 224(STA) pass the House?" The roll was taken with the following result: CSHB 224(STA)--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 1995-05-04 House Journal Page 1856 HB 224 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Grussendorf, Hanley, Mulder, Navarre Vezey changed from "Nay" to "Yea". And so, CSHB 224(STA) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. **The presence of Representative Hanley was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 286 The following was read the second time: HOUSE BILL NO. 286 "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." with the: Journal Page JUD RPT 6DP 1NR 1049 FISCAL NOTE (REV) 1050 FIN RPT CS(FIN) 3DP 1DNP 4NR 1423 FISCAL NOTE (REV) 4/6/95 1424 1995-05-04 House Journal Page 1857 HB 286 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. 286(FIN) (same title) There being no objection, it was so ordered. **The presence of Representative Navarre was noted. Amendment No. 1 was offered by Representative Martin: Page 1, line 1, following "Act" (title amendment): Insert "relating to gaming;" Page 1, following line 11: Insert a new bill section to read: "* Sec. 2. AS05.15.010 is amended to read: Sec. 05.15.010. DEPARTMENT OF REVENUE TO ADMINISTER CHAPTER. The Department of Revenue shall administer charitable gaming, gambling, and other matters as required under this chapter." Renumber the following bill sections accordingly. Page 3, following line 13: Insert a new bill section to read: "* Sec. 6. AS05.15.695 is amended to read: Sec. 05.15.695. SHORT TITLE. This chapter may be cited as the Alaska Gambling [GAMING REFORM] Act." Renumber the following bill sections accordingly. Representative Martin placed a call of the House on the bill. Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Finkelstein objected. The call was satisfied. 1995-05-04 House Journal Page 1858 HB 286 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 286(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Davies, Green, Hanley, Kohring, Martin, Masek, Navarre, Ogan, Parnell, Therriault Nays: Austerman, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Martin: Page 1, line 1, following "Act": (title amendment) Insert "prohibiting candidates from accepting contributions derived from the use of certain objects or devices designed or intended primarily for gaming or gambling;" Page 4, following line 2: Insert a new bill section to read: "* Sec. 6. AS15.13.070 is amended by adding a new subsection to read: (i) A candidate may not accept a contribution that is, or is derived, from the use of playing cards, dice, roulette wheels, coin- operated instruments or machines, or other objects or instruments used, designed, or intended primarily for gaming or gambling." Renumber the following bill sections accordingly. Representative Martin moved and asked unanimous consent that Amendment No. 2 be adopted. 1995-05-04 House Journal Page 1859 HB 286 Representative Finkelstein objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 286(FIN) Second Reading Amendment No. 2 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Elton, Green, Hanley, James, Kelly, Kohring, Martin, Masek, Navarre, Ogan, Parnell, Sanders, Therriault, Vezey, Willis Nays: Austerman, Brice, Brown, Davies, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Toohey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Martin: Page 1, line 7, following "laws;" (title amendment): Insert "providing for a vote on whether cruise ships or any other group should be provided an exemption to the gambling laws of the state;" Page 4, line 22: Delete all material. Insert new bill sections to read: "* Sec. 8. The lieutenant governor shall place before the qualified voters of the state at the November 1996 general election a question of whether cruise ships or any other group should receive an exemption from gambling laws of the state and be permitted to use gambling instruments or devices. The question shall appear on the ballot in the following form: 1995-05-04 House Journal Page 1860 HB 286 QUESTION Should cruise ships or any other group receive an exemption from the gambling laws of the state so as to allow them to utilize player cards, dice, roulette wheels, coin-operated instruments or machines, or other objects or instruments used, designed, or intended primarily for gaming or gambling? Yes[ ] No [ ] * Sec. 9. Section 8 of this Act takes effect immediately under AS 01.10.070(c). * Sec. 10. Except for sec. 8 of this Act, this Act takes effect upon certification by the lieutenant governor that a majority of the qualified voters participating in the November 1996 general election have voted to approve an exemption from the gambling laws of the state for cruise ships or any other group in order for them to be permitted to use gambling instruments or devices." Representative Martin moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 286(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Sanders, Therriault, Willis Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Ivan, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. 1995-05-04 House Journal Page 1861 HB 286 Amendment No. 4 was offered by Representative Porter: Page 1, line 9, through page 4, line 21: Delete all material and insert new bill sections to read: "* Section 1. CRUISE SHIP GAMBLING EXEMPTION. (a) Notwithstanding AS05.15.180(a), a cruise ship may conduct gambling as permitted under (b) of this section in the offshore water of the state if (1) the operator of the cruise ship annually applies on a date set by the department on a form provided by the department; (2) the operator of the cruise ship agrees to comply with AS45.50.474; and (3) the operator pays the annual exemption fee required under (c) of this section. (b) The provisions of AS11.66.200 - 11.66.280 do not apply to gambling conducted by a cruise ship for its ticketed passengers in the offshore water of the state if (1) the cruise ship is exempt under (a) of this section; (2) the cruise ship does not conduct gambling in, or within three miles of, a state port visited by the cruise ship; (3) the gambling is ancillary to the cruise and the cruise has as its main purpose scenic cruising and port visits at maritime communities in the state; and (4) the cruise ship operates under an itinerary that either originates or terminates in a port outside the state. (c) The exemption fee for a cruise ship to conduct gambling under (a) of this section is for cruise ships with a capacity of (1) 500 or fewer passengers $10,000; (2) 501 - 999 passengers $20,000; (3) 1000 - 1999 passengers $30,000; (4) 2,000 passengers or more $40,000. (d) The department shall revoke the exemption of a cruise ship that becomes ineligible to hold an exemption under this section, provides false information in an application for an exemption, violates an order issued under AS05.15.680 or conducts gambling in violation of the provisions of this section. When revoking an exemption under this subsection, the department may bar a cruise ship from obtaining an exemption under this section in the future or for a specified number of years in the future. 1995-05-04 House Journal Page 1862 HB 286 (e) AS05.15.610, 05.15.680, and 05.15.690 apply to gambling on a cruise ship. (f) AS04.16.175 does not apply to an agent or employee of a cruise ship authorized to conduct gambling activities under this section. (g) A person who, with the intent to mislead a public servant in the performance of the public servant's duty, submits a false statement in an application for an exemption under this section is guilty of unsworn falsification. (h) The tax imposed by AS43.35.010 does not apply to a coin- operated device on board a cruise ship for a tax period during which the cruise ship is authorized to conduct gambling activities under this section. (i) In this section, "offshore water of the state" means the marine water over which the state has jurisdiction. * Sec. 2. EXCEPTION TO REQUIRED DISCLOSURES IN PROMOTIONS ON BOARD CRUISE SHIPS. The prohibition contained in AS 45.50.474 does not apply to on-shore excursions that are sold on board a cruise ship. * Sec. 3. In this Act, "cruise ship" means a ship that operates at least 120 days a year anywhere in the world, provides cruises of at least 72 hours in length for ticketed passengers, provides on board the ship overnight accommodations for at least 300 passengers, is operated by an authorized cruise ship operator, and is certified under the International Convention for the Safety of Life at Sea or otherwise certified by the United States Coast Guard.. * Sec. 4. This Act is repealed September30, 1995." Renumber the following bill section accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was offered by Representative Martin: Page 2, lines 16-21: Delete all material. Insert "(b) The exemption fee for a cruise ship to conduct gambling under (a) of this section is for cruise ships with a capacity of 1995-05-04 House Journal Page 1863 HB 286 (1) 999 or fewer passengers - 5 percent of gross gambling receipts (2) 1,000-1,999 passengers - 4 percent of gross gambling receipts (3) 2,000 passengers or more - 3 percent of gross gambling receipts" Page 4, following line 2: Insert "(3) "gross gambling receipts" means the total amount of proceeds, exclusive of prize money, generated from cruise ship gambling activities conducted in the offshore water of the state." Representative Martin moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Mackie objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 286(FIN) am Second Reading Amendment No. 5 YEAS: 5 NAYS: 35 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Kohring, Martin, Masek, Ogan Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 5 was not adopted. 1995-05-04 House Journal Page 1864 HB 286 Amendment No. 6 was offered by Representative Ogan: Page 2, line 18: Delete "$10,000" Insert "$20,000" Page 2, line 19: Delete "$20,000" Insert "$40,000" Page 2, line 20: Delete "$30,000" Insert "$60,000" Page 2, line 21: Delete "$40,000" Insert "$80,000" Representative Ogan moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 286(FIN) am Second Reading Amendment No. 6 YEAS: 5 NAYS: 35 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Kohring, Martin, Masek, Ogan Nays: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 6 was not adopted. 1995-05-04 House Journal Page 1865 HB 286 Representative Vezey moved and asked unanimous consent that CSHB286(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 286(FIN) am was read the third time. Representative Mackie rose to a point of order regarding confining remarks to the bill. The Speaker ruled the member in order. The question being: "Shall CSHB286(FIN) am pass the House?" The roll was taken with the following result: CSHB 286(FIN) am Third Reading Final Passage YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Hanley, Kohring, Martin, Masek, Ogan, Parnell, Sanders And so, CSHB286(FIN) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. 1995-05-04 House Journal Page 1866 HB 286 Representative Porter later gave notice of reconsideration of his vote on CSHB 286(FIN) am, and the reconsideration was taken up then. HB 268 The following, which had been held in second reading until today's calendar (page 1838), was again before the House: CS FOR HOUSE BILL NO. 268(FIN) "An Act making and amending appropriations; and providing for an effective date." The Speaker stated that CSHB 268(FIN) would be held in second reading with pending amendments until the May 5, 1995, calendar. Representative Vezey moved and asked unanimous consent that the House recess until 2:00 p.m. There being no objection, the House recessed at 1:01 p.m. AFTER RECESS The House was called to order at 2:23 p.m. RECONSIDERATION HB 286 Representative Porter gave notice of reconsideration of his vote on CSHB 286(FIN) am. Representative Porter moved and asked unanimous consent that the reconsideration of CSHB 286(FIN) am be taken up on the same day. There being no objection, it was so ordered. The following was again before the House: CS FOR HOUSE BILL NO. 286(FIN) am "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the 1995-05-04 House Journal Page 1867 HB 286 state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." Representative Martin moved and asked unanimous consent that the reconsideration of CSHB 286(FIN) am be held to the May 5, 1995, calendar. Objection was heard. The question being: "Shall the reconsideration of CSHB 286(FIN) am be held to the May 5, 1995, calendar?" The roll was taken with the following result: CSHB 286(FIN) am--RECONSIDERATION Third Reading Hold reconsideration to 5/5 calendar YEAS: 10 NAYS: 25 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Brown, B.Davis, Green, Grussendorf, Kelly, Kohring, Martin, Ogan, Parnell Nays: Brice, Bunde, Davies, G.Davis, Elton, Foster, Ivan, Kott, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes, Finkelstein, Hanley, James, MacLean And so, the motion failed. The question to be reconsidered: "Shall CSHB 286(FIN) am pass the House?" The roll was taken with the following result: CSHB 286(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 9 EXCUSED: 0 ABSENT: 5 1995-05-04 House Journal Page 1868 HB 286 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Grussendorf, Ivan, Kubina, Mackie, MacLean, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Green, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Therriault Absent: Barnes, Finkelstein, Hanley, James, Moses Kott changed from "Yea" to "Nay". Kelly changed from "Yea" to "Nay". And so, CSHB 286(FIN) am passed the House on reconsideration. Representative Vezey moved the effective date clause. Representative MacLean placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 286(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Hanley, Martin, Masek, Ogan, Parnell And so, the effective date clause was adopted. CSHB 286(FIN) am was referred to the Chief Clerk for engrossment. 1995-05-04 House Journal Page 1869 HB 217 Representative Brice brought up the reconsideration of CSHB217(L&C) am(efd fld) (page 1831). The following was again before the House in third reading: 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." Representative Kubina moved and asked unanimous consent that CSHB217(L&C)am be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 7. Representative Vezey objected. The question being: "Shall CSHB 217(L&C) am be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 7?" The roll was taken with the following result: CSHB 217(L&C) am--RECONSIDERATION Third Reading Return to Second/rescind previous action/#7 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 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, the motion failed. 1995-05-04 House Journal Page 1870 HB 217 The question to be reconsidered: "Shall CSHB 217(L&C) am pass the House?" The roll was taken with the following result: CSHB 217(L&C) am--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Mackie, MacLean, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Martin, Masek, Mulder, Navarre, Robinson, Sanders, Willis Grussendorf changed from "Yea" to "Nay". And so, CSHB 217(L&C) am passed the House on reconsideration. Representative Vezey moved the effective date clause. Representative MacLean placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 217(L&C) am--RECONSIDERATION Third Reading Effective Date YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams 1995-05-04 House Journal Page 1871 HB 217 Nays: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Martin, Masek, Mulder, Navarre, Robinson, Sanders, Willis And so, lacking the necessary 27 votes, the effective date clause was not adopted, and the new title appears below: CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) "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." CSHB 217(L&C) am(efd fld) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 87 The following, which was advanced to third reading from the May 3, 1995, calendar (page 1819), was read the third time: HOUSE BILL NO. 87 am "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." The question being: "Shall HB87am pass the House?" The roll was taken with the following result: HB 87 am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1995-05-04 House Journal Page 1872 HB 87 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, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Moses And so, HB87am passed the House and was referred to the Chief Clerk for engrossment. HB 191 The following, which was advanced to third reading from the May 3, 1995, calendar (page 1820), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191(FIN) "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." The question being: "Shall CSSSHB191(FIN) pass the House?" The roll was taken with the following result: CSSSHB 191(FIN) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes, Foster, Martin, Masek, Moses, Mulder 1995-05-04 House Journal Page 1873 HB 191 And so, CSSSHB 191(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSSHB 191(FIN) was referred to the Chief Clerk for engrossment. HB 269 The following, which was advanced to third reading from the May 3, 1995, calendar (page 1824), was read the third time: CS FOR HOUSE BILL NO. 269(FIN) "An Act relating to credits against certain taxes for contributions to certain public educational radio and television networks and stations and to endowments for public educational radio and television networks and stations, increasing the amounts that may be claimed as credits against certain state taxes, and precluding claims of the contributions as both credits and deductions against the taxes; amending the manner of computing refunds to local governments of the fisheries business tax and the fishery resource landing tax; establishing credits against the fishery resource landing tax; and terminating the public educational radio and television credits authorized by this Act at the end of five years; and providing for an effective date." Representative Ivan placed a call of the House. The call was satisfied. The question being: "Shall CSHB269(FIN) pass the House?" The roll was taken with the following result: CSHB 269(FIN) Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 1995-05-04 House Journal Page 1874 HB 269 Yeas: Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis Nays: Austerman, Barnes, Elton, Hanley, Kelly, Kohring, Martin, Masek, Parnell, Rokeberg, Therriault And so, CSHB 269(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative MacLean gave notice of reconsideration of her vote on CSHB 269(FIN). HB 288 The following, which was advanced to third reading from the May 3, 1995, calendar (page 1824), was read the third time: CS FOR HOUSE BILL NO. 288(L&C) "An Act relating to procurement preferences." The question being: "Shall CSHB288(L&C) pass the House?" The roll was taken with the following result: CSHB 288(L&C) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Therriault, Toohey, Vezey, Williams, Willis Absent: Foster, Kubina, Rokeberg, Sanders 1995-05-04 House Journal Page 1875 HB 288 And so, CSHB288(L&C) passed the House. Representative Therriault gave notice of reconsideration of his vote on CSHB 288(L&C). 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 - Julianna Singh By Representatives Vezey, Brice, B.Davis, Elton, Ivan, James, Kelly, Kott, Kubina, Mulder, Rokeberg, Sanders, Therriault, Toohey, Willis Honoring - Kristi Monroe, Girl Scout Volunteer By Senator Duncan; Representatives Elton, Robinson, Brice, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, MacLean, Nicholia, Navarre, Sanders, Toohey, Willis Honoring - Reggie Johnson, Girl Scout Volunteer By Senator Duncan; Representatives Elton, Robinson, Brice, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, MacLean, Nicholia, Navarre, Sanders, Toohey, Willis In Memoriam - Sandra Kay Moll By Representatives Davies, Phillips, Brice, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Bjorn Gilford Johnson By Senator Donley; Representatives Phillips, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis ANNOUNCEMENTS Minority Caucus Upon at ease, 5/4 1995-05-04 House Journal Page 1876 Majority Caucus Speaker's Chamber Upon at ease, 5/4 The House stood at ease at 4:43 p.m. AFTER AT EASE The Speaker called the House back to order at 5:24 p.m. RECONSIDERATION HB 78 Representative Mackie brought up the reconsideration of CSHB78(FIN)am(efd pfld) (page 1838). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 78(FIN) am "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." Representative Mackie moved and asked unanimous consent that CSHB 78(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 10. There being no objection, it was so ordered. Amendment No. 10 was offered by Representative Mackie: Page 1, lines 5 and 6 (title amendment): Delete "and the maximum amount of assistance that may be granted" 1995-05-04 House Journal Page 1877 HB 78 Page 24, lines 18-29: Delete all material. Renumber the following bill sections accordingly. Representative Mackie moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Parnell objected and withdrew the objection. There being no further objection, it was so ordered. The question to be reconsidered: "Shall CSHB 78(FIN) am pass the House?" The roll was taken with the following result: CSHB 78(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 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, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Absent: Moses, Sanders And so, CSHB 78(FIN) am passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. CSHB 78(FIN) am was referred to the Chief Clerk for engrossment. 1995-05-04 House Journal Page 1878 UNFINISHED BUSINESS HB 78 Representative Therriault added his name as cosponsor to: CS FOR HOUSE BILL NO. 78(FIN) am "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." HB 197 Representative Ivan added his name as cosponsor to: CS FOR HOUSE BILL NO. 197(RES) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." HB 309 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 309 "An Act approving the University of Alaska's plans to enter into long-term obligations to borrow money from the Alaska Housing Finance Corporation for the acquisition of student housing facilities; and providing for an effective date." SCR 18 Representative Ivan added his name as cross sponsor to: SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II. 1995-05-04 House Journal Page 1879 ENGROSSMENT HB 78 CSHB 78(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 87 HB 87 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 191 CSSSHB 191(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 217 CSHB 217(L&C) am(efd fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 224 CSHB 224(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 251 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. 251(L&C) "An Act relating to the meetings, shareholder proposals, and removal of directors of Native corporations." HB 286 CSHB 286(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-05-04 House Journal Page 1880 ENROLLMENT HB 28 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:34 a.m., May 4, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 28(JUD) "An Act relating to the possession of weapons within the buildings of, grounds of, or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; requiring the expulsion or suspension of students possessing deadly weapons on school grounds; requiring reports to the Department of Education concerning those expulsions or suspensions; and relating to school lockers and other containers provided in a public or private school by the school or the school district." HB 115 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 10:34 a.m., May 4, 1995: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:30 a.m., 5/5 Minority Caucus 9:30 a.m., 5/5 1995-05-04 House Journal Page 1881 The following meetings today have been changed as indicated: Labor & Commerce Committee 3:00 p.m., 5/4 CANCELED -- SB 53 & HB 328 rescheduled to 5/5 Judiciary Committee 3:00 p.m., 5/4 CANCELED -- SB 26, SB 87, *HB 327, SB 6, SB 79; Confirmation Hearings, Judicial Conduct, rescheduled to 1:00 p.m., 5/5 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 5, 1995. There being no objection, the House adjourned at 5:35 p.m. Suzi Lowell Chief Clerk