Legislature(1995 - 1996)
1996-01-11 House Journal
Full Journal pdf1996-01-11 House Journal Page 2407 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday January 11, 1996 Fourth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:08 a.m. Roll call showed 37 members present. Representatives Barnes, Finkelstein and MacLean were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Greg Lindsay of the Northern Light United Church. Representative Navarre moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: In respect of the spiritual life of each person present, let us pray: O Magnificent One, this morning I am reminded by the snow of Your renewing power. The day has been blanketed with new possibilities and opportunities. My spirit has been renewed. I am not the same person I was yesterday, and I thank You for that. I thank You for this new day. May I take nothing for granted. May I seek reconciliation. May I start over with others and with You. Thank You God, for each new day. Amen. The Pledge of Allegiance was led by Representative Kelly. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the third legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1996-01-11 House Journal Page 2408 **The presence of Representative Finkelstein was noted. COMMUNICATIONS SB 78 A memorandum dated December 14, 1995, was received from Representative Ogan to Speaker Phillips stating that on March 22, 1995, he inadvertently cross-sponsored the following bill: SENATE BILL NO. 78 am An Act related to the authority of certain beverage dispensary licensees to stock alcoholic beverages in guest rooms and prohibiting certain room rentals for the purpose of providing alcoholic beverages to a person under 21 years of age. Representative Ogan requested that the record reflect such. SB 78 am was signed into law April 10, 1995, Chapter 3, SLA 95. The following reports are on file in the Chief Clerks office: Department of Revenue Alaska Housing Finance Corporation 1995 Annual Report (as required by AS 18.56.089) Alaska Court System 1995 Annual Report INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Dr. Howard Cutler By Representatives Brice, Davies In Memoriam - Sandra E. White By Representatives Davies, Brice 1996-01-11 House Journal Page 2409 In Memoriam - H. Prentiss H.P. Gazaway By Senator Ellis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 409 HOUSE BILL NO. 409 By Representatives Kelly, Therriault and James, entitled: An Act combining parts of the Department of Commerce and Economic Development and parts of the Department of Community and Regional Affairs by transferring some of their duties to a new Department of Community and Economic Development; transferring some of the duties of the Department of Commerce and Economic Development and the Department of Community and Regional Affairs to other existing agencies; eliminating the Department of Commerce and Economic Development and the Department of Community and Regional Affairs; adjusting the membership of certain multi-member bodies to reflect the transfer of duties among departments and the elimination of departments; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs and Finance Committees. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Kubina - from 1:17 p.m., plane time, January 12 to 9:21 p.m., plane time, January 15, 1996 Representative Williams - from 2:00 p.m., January 12 to 10:06 p.m., January 15, 1996 (amended from page 2404) **The presence of Representative MacLean was noted. 1996-01-11 House Journal Page 2410 HB 243 Representative Kott moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 243 An Act relating to licensure of landscape architects. There being no objection, HB 243 was withdrawn. ANNOUNCEMENTS House and Senate Joint Majority Caucus 4:00 pm, 1/11 The House stood for a moment of silence in remembrance of former representative, Mike Rose. **The presence of Representative Barnes was noted. Representative Vezey moved and asked unanimous consent that the House recess until 6:00 p.m., for a joint session to consider the Governors vetoes. There being no objection, the House recessed at 10:21 a.m. JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Pearce who called the joint session to order at 6:10 p.m. The purpose of the joint session was to consider the Governors vetoes on the following bills: SB 14: INCREASED PENALTIES FOR JOYRIDING HB 44: GAMING PROCEEDS/DEFINE CHARITABLE ORGNS HB 268: APPROP: FY 96 CAPITAL PROJECTS BUDGET 1996-01-11 House Journal Page 2411 HB 217: TEACHER EMPLOYMENT RIGHTS & RETIREMENT SB 16: INCREASE LAND GRANT TO UNIV. OF ALASKA A roll call of the House showed 40 members present. A roll call of the Senate showed 20 members present. SB 14 Senator Halford moved that: CS FOR SENATE BILL NO. 14(JUD) An Act relating to criminal mischief. become law notwithstanding the Governors veto. Senator Halford called the Joint Session. The call was satisfied. Senator Halford stated that a yes vote would override the Governors veto and a no vote would sustain the Governors veto. The question being: Shall CSSB 14(JUD) become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: SENATE CSSB 14(JUD) Override Veto YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff The roll of the House was taken with the following result: 1996-01-11 House Journal Page 2412 SB 14 HOUSE CSSB 14(JUD) Override Veto YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Willis TOTAL: YEAS: 37 NAYS: 23 EXCUSED: 0 ABSENT: 0 and so the Governors veto was sustained. HB 44 Senator Halford moved that: SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date. become law notwithstanding the Governors veto. The question being: Shall SCS CSHB 44(FIN) become law notwithstanding the Governors veto? The roll of the House was taken with the following result: 1996-01-11 House Journal Page 2413 HB 44 HOUSE SCS CSHB 44(FIN) Override Veto YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Nays: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Robinson, Sanders, Williams, Willis The roll of the Senate was called with the following result: SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff, Adams TOTAL: YEAS: 34 NAYS: 26 EXCUSED: 0 ABSENT: 0 and so, the Governors veto was sustained. HB 268 Senator Halford moved that Section 103, page 27, line 29 of: SENATE CS FOR CS FOR HOUSE BILL NO. 268(FIN) am S(reengrossed) An Act making and amending appropriations; and providing for an effective date. become law notwithstanding the Governors line item reduction by veto. 1996-01-11 House Journal Page 2414 HB 268 The question being: Shall Section 103 on page 27, line 29 of SCS CSHB 268(FIN) am S(reengrossed) become law notwithstanding the Governors line item reduction by veto? The roll of the Senate was called with the following result: SENATE SCS CSHB 268(FIN) am S (reengrossed) Override Line Item Reduction in Section 103 YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp, Taylor, Torgerson, Donley, Pearce Nays: Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Zharoff, Adams The roll of the House was taken with the following result: HOUSE SCS CSHB 268(FIN) am S (reengrossed) Override Line Item Reduction in Section 103 YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Williams, Willis TOTAL: YEAS: 34 NAYS: 26 EXCUSED: 0 ABSENT: 0 and so, the Governors line item reduction by veto was sustained. HB 217 Senator Halford moved that: CS FOR HOUSE BILL NO. 217(L&C) am(efd fld) An Act relating to teacher tenure, teacher layoff and rehire rights, 1996-01-11 House Journal Page 2415 HB 217 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. become law notwithstanding the Governors veto. President Pearce cautioned members to confine debate to the bill. Representative Davies moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Davies was required to vote. The question being: Shall CSHB 217(L&C) am (efd fld) become law notwithstanding the Governors veto? The roll of the House was taken with the following result: HOUSE CSHB 217(L&C) am (efd fld) Override Veto YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, MacLean, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Robinson, Sanders, Willis The roll of the Senate was called with the following result: SENATE YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 1996-01-11 House Journal Page 2416 HB 217 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Ellis, Hoffman, Lincoln, Salo, Zharoff, Adams, Donley, Duncan TOTAL: YEAS: 31 NAYS: 29 EXCUSED: 0 ABSENT: 0 and so, the Governors veto was sustained. SB 16 Senator Halford moved that: 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 Alaskas endowment trust fund as university receipts subject to prior legislative appropriation. become law notwithstanding the Governors veto. Senator Duncan moved and asked unanimous consent that he be allowed to abstain from voting due to a possible conflict of interest. Objection was heard, and Senator Duncan was required to vote. The question being: Shall HCS CSSB 16(FIN) become law notwithstanding the Governors veto? The roll of the Senate was called with the following result: SENATE HCS CSSB 16(FIN) Override Veto YEAS: 12 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Pearce Nays: Hoffman, Lincoln, Salo, Zharoff, Adams, Donley, Duncan, Ellis The roll of the House was taken with the following result: 1996-01-11 House Journal Page 2417 SB 16 HOUSE HCS CSSB 16(FIN) Override Veto YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Hanley, Kott, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Willis Barnes changed from "Yea" to "Nay". Kott changed from "Yea" to "Nay". Hanley changed from "Yea" to "Nay". TOTAL: YEAS: 34 NAYS: 26 EXCUSED: 0 ABSENT: 0 and so, the Governors veto was sustained. Senator Halford lifted the call. The joint session stood at ease. The joint session reconvened at 8:07 p.m. for the purpose of hearing the State of the Budget Address by the Honorable Tony Knowles, Governor of Alaska. President Pearce introduced Lieutenant Governor Fran Ulmer. President Pearce introduced First Lady Susan Knowles. President Pearce introduced Jim Ayers, Chief of Staff. President Pearce introduced Annalee McConnell, Director, Office of Management & Budget. President Pearce appointed Representative Hanley and Senator Adams to escort the Governor to the joint session. 1996-01-11 House Journal Page 2418 The Senate Sergeant-at-arms announced the Governors entrance into the House Chamber. Governor Knowles was escorted to the rostrum and welcomed by President Pearce. The Governors State of the Budget Address appears in House and Senate Joint Journal Supplement No. 14. Governor Knowles received a standing ovation and was escorted from the Chamber by Representative Hanley and Senator Adams. Senator Halford moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 8:38 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 8:43 p.m. 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 Brice - from 6:00 a.m., January 12 to 10:00 a.m., January 15, 1996 HJR 53 Representative Brice added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 53 Proposing an amendment to the Constitution of the State of Alaska relating to voter ratification of legislative approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. 1996-01-11 House Journal Page 2419 HB 154 Representatives James and Mulder added their names as cosponsors to: HOUSE BILL NO. 154 An Act requiring the Department of Law to provide guidelines regarding unconstitutional state and municipal takings of private real property; relating to the taxation of private real property taken unconstitutionally by state or municipal action; establishing a timeme limit for bringing an action for an unconstitutional state or municipal taking of private real property; and providing for an effective date. HB 338 Representative Kelly added his name as cosponsor to: HOUSE BILL NO. 338 An Act relating to permits to carry concealed handguns. 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., January 12, 1996. There being no objection, the House adjourned at 8:44 p.m. Suzi Lowell Chief Clerk