Legislature(1995 - 1996)
1995-05-11 House Journal
Full Journal pdf1995-05-11 House Journal Page 2113 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday May 11, 1995 One Hundred Sixteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 8:33 p.m. Roll call showed 32 members present. Representatives Bunde, Finkelstein, Hanley, James, MacLean, Moses, Ogan and Sanders were absent. The invocation was offered by the Chaplain Designee, Representative Parnell. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord God, We are grateful for the many blessings You have provided. For families and friends, for food and shelter, to name a few. Help us in these final days of session to seek understanding, rather than to be understood. Please give us all an extra measure of patience and wisdom. We ask that Your spirit of peace would draw us together in a common purpose; to serve, rather than to be served. To do that which is right and true. We invite Your presence and seek Your counsel, Oh Lord. Amen." 1 1995-05-11 House Journal Page 2114 The Pledge of Allegiance was led by Representative Williams. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 115th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 23 A message dated May 10, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 23 "An Act relating to referrals involving dental services." Chapter No. 22, SLA 1995 Effective Date: August 8, 1995 **The presence of Representative James was noted. HB 173 A message dated May 10, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." Chapter No. 21, SLA 1995 Effective Date: August 8, 1995 HB 215 A message dated May 10, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR HOUSE BILL NO. 215(RLS) "An Act relating to suspension of a student from a public school." 1995-05-11 House Journal Page 2115 HB 215 Chapter No. 19, SLA 1995 Effective Date: August 8, 1995 SB 39 A message dated May 10, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 39(FIN) "An Act relating to memorial scholarship loans; and providing for an effective date." Chapter No. 20, SLA 1995 Effective Date: July 1, 1995 SB 85 A message dated May 10, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." Chapter No. 23, SLA 1995 Effective Date: May 11, 1995 SB 106 A message dated May 10, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 106(JUD) "An Act prohibiting minors from patronizing businesses that offer adult entertainment and prohibiting the employment of minors at businesses offering adult entertainment." Chapter No. 18, SLA 1995 Effective Date: August 8, 1995 1995-05-11 House Journal Page 2116 HB 150 A message dated May 11, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 150 "An Act relating to receipts for bail forfeited in satisfaction for certain offenses." Chapter No. 25, SLA 1995 Effective Date: August 9, 1995 HB 151 A message dated May 11, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 151 "An Act relating to magistrate jurisdiction in presumptive death proceedings." Chapter No. 26, SLA 1995 Effective Date: August 9, 1995 HB 153 A message dated May 11, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 153 "An Act relating to the surety bond for certain judicial officers." Chapter No. 27, SLA 1995 Effective Date: August 9, 1995 **The presence of Representative Bunde was noted. 1995-05-11 House Journal Page 2117 HB 320 A message dated May 11, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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." Chapter No. 24, SLA 1995 Effective Date: May 11, 1995 MESSAGES FROM THE SENATE HB 9 A message dated May 9, 1995, was read stating the Senate has granted limited powers of free conference to the Senate members of 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) The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 2072. HB 233 A message dated May 11, 1995, was read stating the Senate has failed to recede from its amendment to: 1995-05-11 House Journal Page 2118 HB 233 CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 233(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 Rieger, Chair Senator Kelly Senator Salo The House members of the Conference Committee are Representatives Kott (Chair), Martin and Davies (page 2105). The President granted limited powers of free conference on the dates only. The Speaker had previously granted limited powers on the specific points above. HB 78 A message dated May 11, 1995, was read stating the Senate has failed to recede from its amendment 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 1995-05-11 House Journal Page 2119 HB78 of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; 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." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "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; 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." The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Miller, Chair Senator Green Senator Hoffman The House members of the Conference Committee are Representatives Hanley (Chair), Toohey and B.Davis (page 2104). SB 123 A message dated May 11, 1995, was read stating the Senate has granted limited powers of free conference to the Senate members of the Conference Committee considering: 1995-05-11 House Journal Page 2120 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 CS FOR SENATE BILL NO. 123(FIN) (same title) The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 2100. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Health and Social Services Alaska Mental Health Board Annual Report 1994 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - Alaska Tourism Week By Representatives Robinson, Elton; Senator Duncan Honoring - Centenarian Mae Nock By Representative Toohey Honoring - Janet Smalley, M.D. By Representatives Ogan, Kohring, Masek; Senator Green 1995-05-11 House Journal Page 2121 Honoring - Christine Jackson, Lisa Thompson, Girl Scout Gold Award By Representatives Elton, Robinson; Senator Duncan Honoring - Todd Palin and Dwayne Drake 1995 Iron Dog Gold Rush Classic Winners By Representatives Kohring, Ogan, Masek; Senators Halford, Green Honoring - Tom and Sharon Snelling for their Commitment to Public Safety By Representatives Mulder, Kott; Senator Kelly Honoring - The Alaska Children's Choir By Representative B.Davis Honoring - North Star Volunteer Fire Department By Representative Vezey Honoring - Hayden Bryan By Senator Kelly; Representative Mulder Honoring - Don Fix by Senator Kelly; Representative Mulder Honoring - Steve Hyjek By Senator Kelly; Representative Mulder Honoring - Eileen Plate By Senator Duncan; Representatives Elton, Robinson Honoring - John Scruggs By Senator Kelly; Representative Mulder Honoring - Maggie Carey, Bean's Cafe By Senator Ellis Honoring - Cordova Fire Department By Senator Lincoln; Representative Kubina Recognizing - The Alaska Zoo's World Famous Polar Bear, Binky By Representatives Rokeberg, Willis 1995-05-11 House Journal Page 2122 In Memoriam - Edward J. Krize By Representative Vezey In Memoriam - Kay Frank By Representative Phillips In Memoriam - Arthur M. "Art" Sanford By Representatives Elton, Robinson; Senator Duncan INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 347 HOUSE BILL NO. 347 by Representative Martin, entitled: "An Act providing for an advisory vote on whether any group should be provided an exemption to the gambling laws of the state; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 122 The following was read the second time: CS FOR SENATE BILL NO. 122(JUD) "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." with the: Journal Page JUD REFERRAL REMOVED 1172 STA RPT HCS(STA) 3DP 1DNP 2NR 1AM 1348 SENATE ZERO FISCAL NOTE (LABOR) 3/23/95 1349 L&C REFERRAL WAIVED 1520 1995-05-11 House Journal Page 2123 SB 122 **The presence of Representative Ogan was noted. 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. 122(STA) (same title) Objection was heard. **The presence of Representatives Finkelstein and Hanley was noted. The question being: "Shall the House adopt HCSCSSB122(STA)?" The roll was taken with the following result: CSSB 122(JUD) Second Reading Adopt State Affairs HCS YEAS: 23 NAYS: 14 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Rokeberg, Willis Absent: MacLean, Moses, Sanders And so, HCS CSSB 122(STA) was adopted. Amendment No. 1 was offered by Representative Brice: Page 1, lines 5 - 6: Delete all material. Insert "(21) service of an individual who (A) directly sells or solicits the sale of consumer products only when physically present in a prospective consumer's home; a sale or solicitation by telephone, mail, 1995-05-11 House Journal Page 2124 SB122 other telecommunications method, or other nonpersonal method does not satisfy the requirement of this subparagraph; (B) is compensated solely by (i) commissions on sales or other remuneration directly related to sales or sales performance; or (ii) a profit represented by the difference between the wholesale cost of the product to the seller and the final sale price to the consumer; and (C) performs under a written contract with the person for whom the service is performed that provides, notwithstanding AS23.20.395(a), that the individual is not an employee for purposes of this chapter or for federal or state tax purposes." Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kott objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 122(STA) Second Reading Amendment No. 1 YEAS: 18 NAYS: 18 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Williams, Willis Nays: Barnes, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey Absent: Bunde, MacLean, Moses, Sanders And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: 1995-05-11 House Journal Page 2125 SB 122 Page 1, line 6, after "amended": Insert "; however, a sale or solicitation by telephone, mail, other telecommunications method, or other nonpersonal method does not constitute the service of a direct seller for purposes of this paragraph" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 122(STA) Second Reading Amendment No. 2 YEAS: 16 NAYS: 18 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Foster, Grussendorf, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Willis Nays: Barnes, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Porter, Toohey, Vezey, Williams Absent: Bunde, Finkelstein, MacLean, Moses, Sanders, Therriault And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that HCSCSSB122(STA) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 122(STA) would be in third reading on the May 12, 1995, calendar. 1995-05-11 House Journal Page 2126 SENATE BILLS IN THIRD READING SB 92 The following, which had been held on reconsideration until today's calendar (page 2107), was again before the House in third reading: HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining the activities of the Alaska Housing Finance Corporation that are subject to the Executive Budget Act." The question to be reconsidered: "Shall HCSSB92(FIN) pass the House?" The roll was taken with the following result: HCS SB 92(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 13 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kohring, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Barnes, Kubina, MacLean, Moses, Sanders And so, HCSSB92(FIN) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. **The presence of Representative MacLean was noted. SECOND READING OF SENATE RESOLUTIONS SJR 18 The speaker stated that the following would be held over to the May 12, 1995, calendar: CS FOR SS FOR SENATE JOINT RESOLUTION NO. 18(STA) Relating to establishment of an Arctic council. 1995-05-11 House Journal Page 2127 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 - Rebecca Short, Girl Scout Gold Award By Representatives Grussendorf, Brice, Bunde, Davies, B.Davis, Elton, Green, Ivan, James, Kubina, Masek, Mackie, MacLean, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Therriault, Sanders, Toohey, Vezey, Williams, Willis Honoring - Alan Wood By Representatives Ogan, Masek, Kohring, B.Davis, Elton, James, Kubina, Mackie, Mulder, Nicholia, Parnell, Porter, Rokeberg, Sanders, Vezey, Williams, Willis; Senators Halford, Green Honoring - Daniel Griswold, Eagle Scout By Representatives Hanley, Brice, Bunde, Davies, B.Davis, Elton, Green, James, Kubina, Masek, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Honoring - Kaltag 4-H Program By Senator Lincoln; Representatives Nicholia, Brice, Davies, B.Davis, Elton, Ivan, James, Kubina, Masek, Mackie, MacLean, Navarre, Parnell, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Mary Tallmountain By Representatives Nicholia, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kubina, Masek, Mackie, MacLean, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Lincoln In Memoriam - Flora Jane Harper Petri, on the occasion of the dedication of the Harper Building By Representatives Nicholia, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kubina, Masek, Mackie, MacLean, Robinson, Sanders, Toohey, Vezey, Williams, Willis; Senator Lincoln 1995-05-11 House Journal Page 2128 In Memoriam - Joseph John By Representatives Nicholia, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kubina, Masek, Mackie, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Lincoln RECONSIDERATION SB 16 Representative Vezey brought up reconsideration of the vote on HCS CSSB 16(FIN) (page 2090). The following was again before the House in third reading: 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." Representative Vezey moved and asked unanimous consent that the reconsideration of HCS CSSB 16(FIN) be held for the May 12, 1995, calendar. There being no objection, it was so ordered. SB 172 Representative Vezey brought up reconsideration of the vote on SB 172(efd am H) (page 2096). The following was again before the House in third reading: SENATE BILL NO. 172(efd am H) "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." Representative Vezey moved and asked unanimous consent that the reconsideration of SB 172(efd am H) be held for the May 12, 1995, calendar. There being no objection, it was so ordered. 1995-05-11 House Journal Page 2129 SJR 19 Representative Vezey brought up reconsideration of the vote on CSSJR 19(RES) (page 2098). The following was again before the House in third reading: 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. Representative Vezey moved and asked unanimous consent that the reconsideration of CSSJR 19(RES) be held for the May 12, 1995, calendar. There being no objection, it was so ordered. The House reverted to: REPORTS OF SPECIAL COMMITTEES HB 78 The Conference Committee considering: 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; 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." 1995-05-11 House Journal Page 2130 HB 78 and SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "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; 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." requests limited powers of free conference on the following specific points: CSHB 78(FIN) am * Section 2. (q) * Section 10. SCS CSHB 78(FIN) am S(efd fld S) * Section 2. (q) * Section 3. (c) * Section 4. * Section 14. (e)(f) The request was signed by Representatives Hanley (Chair), Toohey and B.Davis; and, Senators Green (Chair), Miller and Hoffman. The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. 1995-05-11 House Journal Page 2131 UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative B.Davis - from 7:30 a.m., May 13 to 8:54 p.m., plane time, May 13, 1995. HB 276 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 276 "An Act relating to legislative per diem; and providing for an effective date." HB 323 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 323 "An Act extending eligibility for medical assistance to pregnant women with household incomes not exceeding 185 percent of the federal poverty level and changing the order of priority for persons eligible for Medicaid to reflect the extension of eligibility to these pregnant women; and providing for an effective date." ENGROSSMENT SB 1 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 CS FOR SENATE BILL NO. 1(FIN) "An Act relating to state implementation of federal statutes." 1995-05-11 House Journal Page 2132 SB 92 HCS SB 92(FIN) 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. Minority Caucus 10:30 am, 5/12 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 12, 1995. There being no objection, the House adjourned at 9:27 p.m. Suzi Lowell Chief Clerk