Legislature(1995 - 1996)
1995-05-09 House Journal
Full Journal pdf1995-05-09 House Journal Page 2031 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday May 9, 1995 One Hundred Fourteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:53 a.m. Roll call showed 30 members present. Representatives Barnes, Brice, Davies, Finkelstein, Hanley, Kohring, Kott, Kubina, MacLean and Sanders were absent. The invocation was offered by the Chaplain, Pastor Jimmie Stringer of the First Baptist Church of Juneau. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, help us this day. Many decisions are tough and our minds are full. Only You know what is best for all people. Your thoughts are higher than our thoughts. Help us know the way we should go. Guide our thinking please. In Jesus' name, Amen." The Pledge of Allegiance was led by Representative Willis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 113th legislative day, and House Journal Supplement No. 8, be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1 1995-05-09 House Journal Page 2032 MESSAGES FROM THE SENATE HCR 14 A message dated May 8, 1995, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 5, relating to election administration and the Alaska Election Code. HCR 14 was referred to the Chief Clerk for enrollment. HB 39 A message dated May 8, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 39(JUD) "An Act relating to the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." CSHB 39(JUD) was referred to the Chief Clerk for enrollment. HB 140 A message dated May 8, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 140(FSH) "An Act relating to surety bonds required of certain fish processors." CSHB 140(FSH) was referred to the Chief Clerk for enrollment. HB 234 A message dated May 8, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 234(JUD) "An Act relating to administrative adjudication under the Administrative Procedure Act." CSHB 234(JUD) was referred to the Chief Clerk for enrollment. 1995-05-09 House Journal Page 2033 HB 9 A message dated May 8, 1995, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S (same title) The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Taylor, Chair Senator Sharp Senator Salo The House members of the Conference Committee are Representatives Therriault (Chair), Parnell and Robinson (page 1965). HB 237 A message dated May 8, 1995, was read stating the Senate has failed to recede from its amendment to: CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance; and providing for an effective date." 1995-05-09 House Journal Page 2034 HB 237 namely: SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD)(efd fld S) "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' compensation claims; to confidentiality of workers' compensation medical and rehabilitation information; to immunity for third-party design professionals from civil actions by recipients of workers' compensation benefits; to workers' compensation death benefits; to computation of workers' compensation benefits; to penalties for fraudulent acts related to workers' compensation; to immunity for employer workplace safety inspections related to workers' compensation insurance." The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Taylor, Chair Senator Kelly Senator Adams The House members of the Conference Committee are Representatives Kott (Chair), Porter and Brice (page 1941). **The presence of Representatives Kohring and Kott was noted. SB 5 A message dated May 8, 1995, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 5(STA) "An Act prescribing the use and characteristics of voting booths employed in elections and the color of ballots used in state primary elections." thus adopting: 1995-05-09 House Journal Page 2035 SB 5 HOUSE CS FOR CS FOR SENATE BILL NO. 5(FIN) "An Act relating to the Alaska Election Code and to state election administration." New title authorized by HCR 14. **The presence of Representative Sanders was noted. SB 93 A message dated May 8, 1995, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 93(RES) "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 93(RES)(efd fld S) "An Act relating to the disposal of state land along the Dalton Highway." SB 117 A message dated May 8, 1995, was read stating the Senate has concurred in the House amendment to: 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." thus adopting: CS FOR SENATE BILL NO. 117(HES) am H (same title) SB 135 A message dated May 8, 1995, was read stating the Senate has concurred in the House amendment to: 1995-05-09 House Journal Page 2036 SB 135 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." thus adopting: HOUSE CS FOR SENATE BILL NO. 135(FIN) am H(efd fld S) "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." The Senate adopted the House letter of intent (page 2002). SB 142 A message dated May 8, 1995, was read stating the Senate has concurred in the House amendment to: 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." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) (same title) The Senate adopted the House Finance Committee letter of intent (page 1738). SB 123 A message dated May 8, 1995, was read stating the Senate has failed to concur in the House amendment to CSSB123(FIN), namely: 1995-05-09 House Journal Page 2037 SB 123 CS FOR SENATE BILL NO. 123(FIN) am H "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date." and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Green, Chair Senator Phillips Senator Ellis CSSB 123(FIN) am H is under Unfinished Business. A message dated May 8, 1995, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 160 SENATE BILL NO. 160 am by Senators Torgerson and Halford, entitled: "An Act excluding certain employment by students from the definition of 'employment' in the state employment security laws." was read the first time and referred to the Labor & Commerce Committee. **The presence of Representatives Hanley, Davies and Brice was noted. 1995-05-09 House Journal Page 2038 REPORTS OF STANDING COMMITTEES HB 335 The Resources Committee has considered: HOUSE BILL NO. 335 "An Act relating to the Big Game Commercial Services Board, guide-outfitters, transporters, and commercial use permit holders; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 335(RES) "An Act extending the termination date of the Big Game Commercial Services Board to June 30, 1999; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial Services Board; relating to the qualifications for an assistant guide-outfitter license; eliminating the requirement for testing of assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of 'big game commercial services'; and providing for an effective date." The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (4): Davies, Kott, Ogan, Green No recommendation (2): Nicholia, Austerman The following fiscal note applies to CSHB335(RES): Fiscal note, Dept. of Commerce & Economic Development, 5/9/95 HB 335 is on today's calendar. 1995-05-09 House Journal Page 2039 SB 16 The Finance 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(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (3): Mulder, Kelly, Therriault Do not pass (3): Grussendorf, Navarre, Brown No recommendation (4): Foster, Hanley, Parnell, Kohring The following fiscal notes apply to HCSCSSB16(FIN): 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 fiscal note, University of Alaska, 2/22/95 Senate zero fiscal note, Dept. of Revenue, 3/27/95 CSSB 16(FIN) is on today's calendar. SB 154 The Judiciary Committee has considered: SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing." The report was signed by Representative Porter, Chair, with the following individual recommendations: 1995-05-09 House Journal Page 2040 SB 154 Do pass (4): Porter, Green, Bunde, Toohey The following fiscal notes apply: Zero fiscal note, Dept. of Corrections, 5/9/95 Senate zero fiscal notes (2), Dept. of Administration, 4/29/95 Senate zero fiscal note, Dept. of Law, 4/29/95 SB 154 is on today's calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Federation of Business and Professional Women 50th Anniversary By Representative B.Davis Honoring - Mark Leary, Secondary Social Studies Teacher of the Year By Senator Lincoln; Representative Nicholia Honoring - Lake and Peninsula, Aleutians East, Pribilof Islands, and Bristol Bay Native Youth Olympians By Senator Hoffman Honoring - Dillingham and Southwest Region Native Youth Olympians By Senator Hoffman Honoring - Audrey Smith By Senator Adams Honoring - The Village of Allakaket, The Village of Alatna, The Village of Hughes By Senator Lincoln; Representative Nicholia Honoring - Chugiak Mustangs Bantam "C" Hockey Team By Senators Phillips, Halford; Representatives Willis, Kohring, Kott 1995-05-09 House Journal Page 2041 Honoring - Lower Kuskokwim School District Native Olympians By Senators Hoffman, Adams; Representatives Ivan, Foster In Memoriam - Patti L. Hyslop By Representative Nicholia; Senator Lincoln In Memoriam - Charlie Biederman By Representative Nicholia; Senator Lincoln In Memoriam - Reubin Harrison Hendricks, Jr. By Representative Kubina In Memoriam - Martha Johnson By Representative B.Davis In Memoriam - Joseph Davis By Representative B.Davis In Memoriam - John Parks By Senator Ellis; Representatives B.Davis, Brown, Finkelstein In Memoriam - James Frederick Wolf By Senator Halford In Memoriam - Sophia Lincoln By Senator Lincoln; Representative Nicholia INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 340 HOUSE BILL NO. 340 by Representative James by request, entitled: "An Act relating to regulation of safety professionals." was read the first time and referred to the House Special Committee on Economic Development, the State Affairs, Labor & Commerce and Judiciary Committees. 1995-05-09 House Journal Page 2042 **The presence of Representative Barnes was noted. HB 341 HOUSE BILL NO. 341 by Representative Green, entitled: "An Act establishing a tax court to consider and determine certain taxes and penalties due and collateral matters, and amending provisions relating to taxpayer challenges to the assessment, levy, and collection of taxes by the state; and providing for an effective date." was read the first time and referred to the Resources, Judiciary and Finance Committees. **The presence of Representatives Finkelstein and MacLean was noted. HB 342 HOUSE BILL NO. 342 by Representative Rokeberg, entitled: "An Act relating to water quality." was read the first time and referred to the House Special Committee on Oil and Gas and the Resources Committee. UNFINISHED BUSINESS HB 335 The Speaker waived consideration of a Finance Committee referral on the following, at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 335 "An Act relating to the Big Game Commercial Services Board, guide-outfitters, transporters, and commercial use permit holders; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." 1995-05-09 House Journal Page 2043 Representative Brown rose to a point of order citing Rule 18 of the Uniform Rules and indicated that the calendar was not available in time to be adequately prepared. The Speaker stated the calendar was posted by 10:00 p.m., but indicated the point was well taken. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 335 The following was read the second time: HOUSE BILL NO. 335 "An Act relating to the Big Game Commercial Services Board, guide-outfitters, transporters, and commercial use permit holders; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." with the: Journal Page RES RPT CS(RES) NT 4DP 2NR 2035 FISCAL NOTE (DCED) 2035 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. 335(RES) "An Act extending the termination date of the Big Game Commercial Services Board to June 30, 1999; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial Services Board; relating to the qualifications for an assistant guide-outfitter license; eliminating the requirement for testing of assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of 'big game commercial services'; and providing for an effective date." 1995-05-09 House Journal Page 2044 HB 335 Representative MacLean objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 (title amendment) was offered by Representative Ogan: Page 1, line 2: Delete "to June 30, 1999" Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 335(RES) Second Reading Amendment No. 1 (title amendment) YEAS: 32 NAYS: 5 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, MacLean, Navarre Absent: Finkelstein, Kubina, Masek And so, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 335(RES)(title am) "An Act extending the termination date of the Big Game Commercial Services Board; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial 1995-05-09 House Journal Page 2045 HB335 Services Board; relating to the qualifications for an assistant guide-outfitter license; eliminating the requirement for testing of f assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of 'big game commercial services'; and providing for an effective date." Amendment No. 2 was offered by Representative Davies: Page 10, line 12: Delete "[STATE, FEDERAL, OR]" Insert "state, federal, or" Page 11, line 2: Delete: "[STATE, FEDERAL, OR]" Insert "state, federal, or" Page 11, lines 9-10: Delete: "[STATE, FEDERAL, OR]" Insert "state, federal, or" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ogan objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 335(RES)(title am) Second Reading Amendment No. 2 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Mackie, MacLean, Nicholia, Robinson, Sanders, Williams, Willis 1995-05-09 House Journal Page 2046 HB 335 Nays: Austerman, Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Martin, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Absent: Kubina, Masek And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB335(RES)(title am) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 335(RES)(title am) was read the third time. The question being: "Shall CSHB 335(RES)(title am) pass the House?" The roll was taken with the following result: CSHB 335(RES)(title am) Third Reading Final Passage YEAS: 31 NAYS: 4 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Brown, Davies, MacLean Absent: Finkelstein, Hanley, Kubina, Moses, Parnell And so, CSHB 335(RES)(title 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. 1995-05-09 House Journal Page 2047 HB 335 Representative MacLean gave notice of reconsideration of her vote on CSHB335(RES)(title am). **The presence of Representative Kubina was noted. RECONSIDERATION HB 335 Representative MacLean moved and asked unanimous consent that the reconsideration of CSHB335(RES)(title am) be taken up at this time. There being no objection, it was so ordered. CSHB335(RES)(title am) was again before the House in third reading. The question to be reconsidered: "Shall CSHB335(RES)(title am) pass the House?" The roll was taken with the following result: CSHB 335(RES)(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Brown, MacLean Absent: Hanley, Kott, Moses And so, CSHB335(RES)(title 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 effective date clause. There being no objection, it was so ordered. 1995-05-09 House Journal Page 2048 HB 335 CSHB 335(RES)(title am) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 1 The following was read the second time: SENATE BILL NO. 1 "An Act relating to state implementation of federal statutes." with the: Journal Page WTR REFERRAL WAIVED 868 STA RPT 2DP 4NR 1007 SENATE ZERO FN (SFC/ALL DEPT) 3/2/95 1007 FIN RPT HCS(FIN) 5DP 1NR 1735 FISCAL NOTE (LAW) 1735 SENATE ZERO FN (SFC/ALL DEPTS) 3/2/95 1735 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. 1(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSSB 1(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS SB 1(FIN) would be in third reading on the May 10, 1995, calendar. 1995-05-09 House Journal Page 2049 RECONSIDERATION SB 53 Representative Kott brought up reconsideration of the vote on HCSCSSB53(L&C) am H (page 1982). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Representative Brown placed a call of the House. Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a potential conflict of interest. Objection was heard, and Representative Mulder was required to vote. The Speaker stated that, without objection, HCSCSSB53(L&C)amH would be moved to the bottom of the calendar. Representative Brown lifted the call. SECOND READING OF SENATE BILLS (continued) SB 16 The following was read the second time: 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." with the: Journal Page CRA REFERRAL WAIVED 1557 RES RPT HCS(RES) 3DP 3NR 1849 2 SENATE FISCAL NOTE (F&G, DNR) 3/27/95 1850 1995-05-09 House Journal Page 2050 SB 16 SENATE FISCAL NOTE (DNR) 3/20/95 1850 SENATE ZERO FISCAL NOTE (REV) 3/27/95 1850 FIN RPT CS 3DP 3DNP 4NR 2039 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 16(RES) (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: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSCSSB 16(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCSCSSB 16(FIN) would be in third reading on the May 10, 1995, calendar. SB 21 The following was read the second time: CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." 1995-05-09 House Journal Page 2051 SB 21 with the: Journal Page FSH RPT 2DP 3NR 1595 3 SEN ZERO FNS (DPS, COURT, LAW) 3/8/95 1595 JUD REFERRAL WAIVED 1605 FIN RPT 6DP 3NR 1735 3 SEN ZERO FNS (LAW, DPS, COURT) 3/8/95 1736 Representative Vezey moved and asked unanimous consent that CSSB21(RES) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSSB 21(RES) would be in third reading on the May 10, 1995, calendar. SB 87 The following was read the second time: CS FOR SENATE BILL NO. 87(FIN) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date." with the: Journal Page CRA RPT HCS(CRA) 1DP 3NR 1663 SENATE FISCAL NOTE (REV) 3/20/95 1663 JUD RPT HCS(JUD) 5DP 1NR 1AM 1973 SENATE FISCAL NOTE (REV) 3/20/95 1974 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1995-05-09 House Journal Page 2052 SB 87 HOUSE CS FOR CS FOR SENATE BILL NO. 87(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Finkelstein: Page 2, after line 8: Insert a new bill section to read: "* Sec. 2. AS04.06.060 is amended to read: Sec. 04.06.060. QUORUM AND MAJORITY. Three members of the board constitute a quorum for the conduct of business, except that at least two members of a quorum must be members who represent the general public and a majority of the whole membership of the board must approve all applications for new licenses, and all renewals, transfers, suspensions, and revocations of existing licenses. If a majority of the board is present and voting, the director, with the consent of the members present, may cast a tie-breaking vote." Renumber the following bill sections accordingly. Page 36, line 21: Delete "sec. 10" Insert "sec. 11" Page 37, line 8: Delete "sec. 79" Insert "sec. 81" Page 37, after line 15: Insert a new bill section to read: "* Sec. 78. TRANSITION: BOARD MEMBERS. The amendments to AS04.06.020 made by sec. 1 of this Act do not prevent a person who is serving as a member of the Alcoholic Beverage Control Board on the effective date of this section from continuing to serve until the person's term expires. The Governor shall implement AS04.06.020, as amended by sec.1 of this Act, in making appointments after the effective date of this section. The 1995-05-09 House Journal Page 2053 SB87 provisions of sec.2 of this Act do not apply until there are two members of the Alcoholic Beverage Control Board who represent the general public." Renumber the following bill sections accordingly. Page 37, line 16: Delete "sec. 75" Insert "sec. 76" Page 37, line 17: Delete "sec. 33" Insert "sec. 34" Page 37, line 18: Delete "secs. 77 and 78" Insert "secs. 79 and 80" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. Representatives Navarre and Mackie declared possible conflicts of interest. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 87(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 30 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Moses, Nicholia, Willis 1995-05-09 House Journal Page 2054 SB 87 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: MacLean And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that HCSCSSB 87(JUD) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCSCSSB 87(JUD) would be in third reading on the May 10, 1995, calendar. SB 130 The following was read the second time: CS FOR SENATE BILL NO. 130(RLS) "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." with the: Journal Page FIN RPT 10DP 1NR 1919 SENATE FN (DCED) 4/19/95 1919 Representative Vezey moved and asked unanimous consent that CSSB130(RLS) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSSB 130(RLS) would be in third reading on the May 10, 1995, calendar. 1995-05-09 House Journal Page 2055 SB 154 The following was read the second time: SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing." with the: Journal Page JUD RPT 4DP 2039 ZERO FISCAL NOTE (CORR) 2040 3 SENATE ZERO FNS (2-ADM, LAW) 4/29/95 2040 Representative Vezey moved and asked unanimous consent that SB154 be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that SB 154 would be in third reading on the May 10, 1995, calendar. SB 172 The following was read the second time: SENATE BILL NO. 172 "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." with the: Journal Page JUD RPT 1DP 1DNP 3NR 1975 SENATE ZERO FN (SFC/REV) 4/30/95 1976 Amendment No. 1 was offered by Representative Finkelstein: Page 2, line 18: Delete "January 1, 1996" Insert "March 1, 1996" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. 1995-05-09 House Journal Page 2056 SB 172 Representative Porter objected. Representative Willis moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Willis was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 172 Second Reading Amendment No. 1 YEAS: 20 NAYS: 19 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, Kubina, Mackie, Moses, Navarre, Nicholia, Robinson, Sanders, Williams Nays: Barnes, G.Davis, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Willis Absent: MacLean Kott changed from "Yea" to "Nay". Navarre changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that SB172 (efd am H) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that SB 172 (efd am H) would be in third reading on the May 10, 1995, calendar. 1995-05-09 House Journal Page 2057 ANNOUNCEMENTS Minority Caucus 1:30 pm, 5/9 The following meeting today has been changed as indicated: Finance Committee 1:30 pm, 5/9 TIME CHANGED to a call of the Chair Representative Vezey moved and asked unanimous consent that the House recess until 2:30 p.m. There being no objection, the House recessed at l:25 p.m. AFTER RECESS The House was called back to order at 2:47 p.m. A second quorum call showed 24 members present. CONSIDERATION OF THE DAILY CALENDAR (continued) THIRD READING OF SENATE BILLS SB 92 The following, which had been advanced to third reading from the May 8, 1995, calendar (page 1986), was read the third time: 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." Representative Davies placed a call of the House and lifted the call. 1995-05-09 House Journal Page 2058 SB 92 **Representative Maclean was excused from a call of the House due illness. The question being: "Shall HCS SB 92(FIN) pass the House?" The roll was taken with the following result: HCS SB 92(FIN) Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Nicholia, Robinson, Willis Excused: MacLean Kubina changed from "Nay" to "Yea". And so, HCSSB92(FIN) passed the House. Representative Kubina gave notice of reconsideration of his vote on HCSSB92(FIN). SECOND READING OF HOUSE RESOLUTIONS HCR 17 The following, which had been read the second time and held to today's calendar (page 1995), was again before the House: 1995-05-09 House Journal Page 2059 HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 92, relating to exemption of certain activities of the Alaska Housing Finance Corporation from the provisions of the Executive Budget Act. The question being: "Shall HCR17 pass the House?" The roll was taken with the following result: HCR 17 Second Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, B.Davis, Finkelstein, Kohring, Navarre, Robinson Excused: MacLean Absent: Kubina And so, HCR 17 passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 88 Representative Bunde brought up reconsideration of the vote on CSSB88(FIN) (page 1985). The following was again before the House in third reading: 1995-05-09 House Journal Page 2060 SB 88 CS FOR SENATE BILL NO. 88(FIN) "An Act establishing a pilot program for charter schools; and providing for an effective date." The question to be reconsidered: "Shall CSSB 88(FIN) pass the House?" The roll was taken with the following result: CSSB 88(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Bunde, Phillips Excused: MacLean Absent: Finkelstein And so, CSSB 88(FIN) 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 effective date clause. There being no objection, it was so ordered. CSSB 88(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF SENATE RESOLUTIONS SJR 19 The following was read the second time: 1995-05-09 House Journal Page 2061 SJR 19 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. with the: Journal Page JUD RPT 5DP 2DNP 1734 LETTER OF INTENT WITH JUD REPORT 1734 SENATE ZERO FISCAL NOTE (F&G) 4/11/95 1734 Representative Vezey moved and asked unanimous consent that CSSJR19(RES) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSSJR 19(RES) would be in third reading on the May 10, 1995, calendar. SJR 27 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 27(RES) Endorsing development of the Fall Creek hydroelectric project near Gustavus. with the: Journal Page RES RPT 4DP 2NR 1810 SENATE ZERO FISCAL NOTE (DNR) 4/27/95 1811 Representative Vezey moved and asked unanimous consent that CSSJR27(RES) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected and withdrew the objection. There being no further objection, it was so ordered. 1995-05-09 House Journal Page 2062 SJR 27 CSSJR 27(RES) was read the third time. The question being: "Shall CSSJR 27(RES) pass the House?" The roll was taken with the following result: CSSJR 27(RES) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: MacLean And so, CSSJR 27(RES) passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. 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 - Teri and John Demott, Random Acts of Love, Inc. By Representatives Kott, B.Davis, Elton, James, Kubina, Mackie, Navarre, Nicholia, Parnell, Robinson, Sanders, Therriault, Toohey, Vezey, Willis Honoring - Future Problem Solving, 1995 Alaska State Winners By Senator Salo; Representatives Navarre, Brice, Brown, B.Davis, G.Davis, Elton, James, Kott, Kubina, Mackie, Navarre, Nicholia, Parnell, Robinson, Sanders, Therriault, Toohey, Vezey, Willis 1995-05-09 House Journal Page 2063 Honoring - 1994 Kenai Central High School Choir, U.S. Representatives at 50th Anniversary of D-Day Ceremony By Senator Salo; Representatives Navarre, Phillips, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Green, James, Kott, Kubina, Mackie, Nicholia, Parnell, Robinson, Sanders, Therriault, Toohey, Vezey, Willis RECONSIDERATION SB 53 The Speaker stated that without objection, the reconsideration of the following, which had been taken up earlier and moved to the bottom of the Daily Calendar (page 2049), would be moved to the bottom of the Supplemental Calendar, if adopted: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Representative Vezey moved and asked unanimous consent that the following supplemental calendar be adopted: SB 3 CSSB 46(RLS) CSSCR 13(CRA) There being no objection, it was so ordered. CONSIDERATION OF SUPPLEMENTAL CALENDAR SECOND READING OF SENATE BILLS SB 3 The following was read the second time: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." 1995-05-09 House Journal Page 2064 SB 3 with the: Journal Page FSH RPT 2DP 1NR 851 SENATE ZERO FISCAL NOTE (LABOR) 2/6/95 851 RES RPT 6DP 1NR 1315 SENATE ZERO FISCAL NOTE (LABOR) 2/6/95 1316 JUD RPT 5DP 1NR 1492 SENATE ZERO FISCAL NOTE (LABOR) 2/6/95 1492 Representative Vezey moved and asked unanimous consent that SB3 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 3 was read the third time. The question being: "Shall SB 3 pass the House?" The roll was taken with the following result: SB 3 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: MacLean Absent: Finkelstein, Kott, Mulder And so, SB 3 passed the House. Representative Martin gave notice of reconsideration of his vote on SB3. 1995-05-09 House Journal Page 2065 SB 46 The following was read the second time: 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." with the: Journal Page JUD RPT 3DP 1NR 1AM 1449 SENATE FISCAL NOTE (COURT) 3/6/95 1450 SENATE ZERO FN (LAW) 3/6/95 1450 SENATE ZERO FN (ADM) 3/22/95 1450 FIN RPT 1DP 8NR 1AM 1851 SENATE FISCAL NOTE (COURT) 3/6/95 1851 SENATE ZERO FN (ADM) 3/22/95 1851 SENATE ZERO FN (LAW) 3/6/95 1851 Amendment No. 1 was offered by Representative Finkelstein: Page 3, line 31, after "AS 41.21;": Insert "and" Page 4, lines 1-8: Delete all material. Insert "(5) AS 04.16.050, relating to possession or consumption." Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. 1995-05-09 House Journal Page 2066 SB 46 Objection was heard and withdrawn. There being no further objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSSB46(RLS)amH be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 46(RLS) am H was read the third time. The question being: "Shall CSSB 46(RLS) am H pass the House?" The roll was taken with the following result: CSSB 46(RLS) am H Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: MacLean Absent: Barnes, Hanley, Martin, Moses, Navarre And so, CSSB 46(RLS) am H passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 13 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Recognizing the women who have served Alaska as state or 1995-05-09 House Journal Page 2067 SCR 13 territorial legislators and celebrating 100 years of women serving as state legislators. with the: Journal Page CRA RPT 3DP 1NR 1913 SENATE ZERO FISCAL NOTE (LAA) 4/29/95 1914 The Speaker temporarily turned the gavel over to Representative Vezey. Representative Mackie moved and asked unanimous consent that technical changes to correct the district designations be made to the resolution. These corrections will be made in enrolling. There being no objection, it was so ordered. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Barnes Representative Hanley Objection was heard and the members were required to vote. The question being: "Shall CSSCR 13(CRA) pass the House?" The roll was taken with the following result: CSSCR 13(CRA) Second Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 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, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Ogan 1995-05-09 House Journal Page 2068 SCR 13 Excused: MacLean Absent: Moses Kott changed from "Nay" to "Yea". Kelly changed from "Nay" to "Yea". And so, CSSCR 13(CRA) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. The Speaker stated the House would stand in recess; and so, the House recessed at 4:03 p.m. AFTER RECESS The House was called back to order at 4:42 p.m. RECONSIDERATION SB 53 Reconsideration of the following, which had been moved to the bottom of the Supplemental Calendar (page 2063), was again before the House: HOUSE CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." Amendment Nos. 3 - 5 were not offered. Representative Kott moved and asked unanimous consent that HCS SB 53(L&C) am H be returned to second reading for the specific purpose of considering Amendment No. 6. There being no objection, it was so ordered. Amendment No. 6 was offered by Representative Kott: Page 68, line 21: Delete ";" Insert "." Page 68, lines 22 - 24: Delete all material and insert: 1995-05-09 House Journal Page 2069 SB 53 "(c) Notwithstanding (b) of this section, if the insurer reserves the insurer's rights on an issue for which coverage is denied, the insurer shall provide independent counsel to the insured as provided under (a) of this section." Reletter the following subsections accordingly. Page 68, line 27: Delete "substantial" Page 69, line 13, after "lawsuit": Insert "and of my right under state law to have all reasonable expenses of an independent counsel paid by my insurer. I have also been advised that the Alaska Supreme Court has ruled that when an insurer defends an insured under a reservation of rights provision in an insurance policy, there are various conflicts of interest that arise between an insurer and an insured." Representative Kott moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. The question to be reconsidered: "Shall HCS CSSB 53(L&C) am H pass the House?" The roll was taken with the following result: HCS CSSB 53(L&C) am H--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 3 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Mulder Excused: MacLean 1995-05-09 House Journal Page 2070 SB 53 Absent: Finkelstein, Hanley, Ivan, Moses, Rokeberg, Therriault And so, HCS CSSB 53(L&C) am H 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 effective date clauses. 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 court rule change. There being no objection, it was so ordered. HCS CSSB 53(L&C) am H was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SB 123 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2036) on the following at this time: CS FOR SENATE BILL NO. 123(FIN) am H "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date." and CS FOR SENATE BILL NO. 123(FIN) (same title) There being no objection, it was so ordered. 1995-05-09 House Journal Page 2071 SB 123 Representative Vezey moved that the House recede from its amendment to CSSB 123(FIN), namely CSSB 123(FIN) am H, and recommended that the members vote yes. 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 that the House recede from its amendment to CSSB 123(FIN), namely CSSB 123(FIN) am H, and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 123(FIN)?" The roll was taken with the following result: CSSB 123(FIN) am H Recede YEAS: 11 NAYS: 24 EXCUSED: 1 ABSENT: 4 Yeas: Bunde, G.Davis, Green, Kelly, Kohring, Mulder, Ogan, Parnell, Therriault, Toohey, Williams Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kott, Kubina, Mackie, Masek, Navarre, Nicholia, Phillips, Porter, Robinson, Sanders, Vezey, Willis Excused: MacLean Absent: Hanley, Martin, Moses, Rokeberg And so, the House failed to recede. 1995-05-09 House Journal Page 2072 SB 123 The Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate to consider the above bills: Representative Bunde, Chair Representative Vezey Representative Brown The Senate conferees are Senators Green (Chair), Phillips and Ellis. The Chief Clerk was instructed to so notify the Senate. Without objection, the House reverted to: REPORTS OF SPECIAL COMMITTEES HB 9 The Conference Committee considering: CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." and SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S (same title) requests limited powers of free conference on the following specific points: AS 34.50.020(a)(2) on page 2, line 5 of SCS CSHB 9(FIN) am S. The section deals with apportionment of damages in cases of court ordered joint custody. The request was signed by Representatives Therriault (Chair), Robinson and Parnell and Senators Taylor (Chair), Salo and Sharp. 1995-05-09 House Journal Page 2073 HB 9 The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS HB 141 Representative Williams added his name as cosponsor to: CS FOR HOUSE BILL NO. 141(FSH) "An Act relating to the appointment of members of the Board of Fisheries." HB 335 Representatives Toohey and Rokeberg added their names as cosponsors to: CS FOR HOUSE BILL NO. 335(RES)(title am) "An Act extending the termination date of the Big Game Commercial Services Board; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial Services Board; relating to the qualifications for an assistant guide-outfitter license; eliminating the requirement for testing of assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of 'big game commercial services'; and providing for an effective date." SB 1 Representatives Rokeberg and James added their names as cross- sponsors to: HOUSE CS FOR SENATE BILL NO. 1(FIN) "An Act relating to state implementation of federal statutes." 1995-05-09 House Journal Page 2074 SB 3 Representatives Kubina, Robinson and Williams added their names as cross-sponsors to: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." SB 16 Representative James added her name as cross-sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "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." SB 46 Representative Williams added his name as cross-sponsor to: CS FOR SENATE BILL NO. 46(RLS) am H "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." SB 115 The Rules Committee submitted the following fiscal notes: Fiscal note, Dept. of Revenue, 5/9/95 Fiscal note, Dept. of Health & Social Services, 5/9/95 1995-05-09 House Journal Page 2075 SB 115 The fiscal notes apply to: CS FOR SENATE BILL NO. 115(FIN) am "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." The reconsideration of CSSB 115(FIN) am (page 1988) was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and returned to the Senate. ENGROSSMENT HCR 17 HCR 17 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 20 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: HOUSE CONCURRENT RESOLUTION NO. 20 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 53, relating to insurance. HB 268 CSHB 268(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration on May 8, 1995. HB 335 CSHB 335(RES)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-05-09 House Journal Page 2076 SB 46 CSSB 46(RLS) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 53 HCS CSSB 53(L&C) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 10, 1995. There being no objection, the House adjourned at 5:01 p.m. Suzi Lowell Chief Clerk