Legislature(1995 - 1996)
1996-02-21 House Journal
Full Journal pdf1996-02-21 House Journal Page 2819 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 21, 1996 Forty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:24 a.m. Roll call showed 39 members present. Representative Nicholia had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Father Peter Gorges of the Cathedral of the Nativity of the Blessed Virgin Mary. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God, men and women from all over this great state have elected us to represent them in this assembly. They sent us here, not because we have all the answers...but because they believe that we can get the job done. They trust in our ability to understand the issues. They feel confident that we have the skills and the resources to make good legislation that will adequately address their concerns. We pray, this morning, for the wisdom to justify the confidence that they have placed in us. And, more than that, Lord. We pray for the humility that makes us sensitive to the needs of other districts. Help us know when to compromise, and when to stand fast. Bless those many staffers who work behind the scenes, and support us in this important work that You have called us to do. Help us make this 1996 Session a blessing for those whom we have been called to serve. Amen. 1996-02-21 House Journal Page 2820 The Pledge of Allegiance was led by Representative Rokeberg. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 43rd and 44th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Office of the Governor Equal Employment Opportunity and Affirmative Action in Alaska State Government 1995 Annual Status Report (as required by AS 44.21.501(a)(12) REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Joyce E. Bamberger, Esq. Aaron T. Isaacs, Jr. as members of the State Commission for Human Rights, Mary Beth Shaddy as a member of the Alaska Public Offices Commission; and, Carol L. Alley, M.D. as a member of the Violent Crimes Compensation Board. 1996-02-21 House Journal Page 2821 The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further session for the purposes of confirmation. The reports were signed by Representative James, Chair; and Representatives Green, Porter, Willis, Ogan, Ivan and Robinson. The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Susan Stitham as a member of the Board of Education. The report did not reflect an intent by any of the members to vote for or against the named individual during any further session for the purposes of confirmation. The report was signed by Representatives Toohey and Bunde, Co- Chairs; and, Representatives Rokeberg, Robinson, G.Davis and Brice. HCR 27 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to prevention of teenage pregnancy by implementation of the Sugar Baby project. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): Rokeberg, Bunde, Toohey, Robinson, Brice No recommendation (1): G.Davis The following fiscal note applies: Zero fiscal note, Legislative Affairs Agency, 2/21/96 1996-02-21 House Journal Page 2822 HCR 27 HCR 27 was referred to the Rules Committee for placement on the calendar. HJR 51 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 51 Proposing an amendment to the Constitution of the State of Alaska relating to limited entry for sport fish guides and allied professions. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): Green, Ogan No recommendation (4): James, Ivan, Robinson, Willis Amend (1): Porter The following fiscal notes apply: Fiscal note, Office of the Governor, 2/21/96 Zero fiscal note, Dept. of Law, 2/21/96 HJR 51 was referred to the House Special Committee on Fisheries. HJR 58 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 58 Relating to reauthorization and reform of the Endangered Species Act. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) (same title) 1996-02-21 House Journal Page 2823 HJR 58 The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (6): Long, Williams, Green, Ogan, Barnes, Kott Do not pass (1): Davies The following fiscal note applies to CSHJR 58(RES): Zero fiscal note, House Resources Committee/Legislature, 2/21/96 HJR 58 was referred to the Rules Committee for placement on the calendar. HJR 60 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 60 Relating to Revised Statute 2477 rights-of-way. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Porter, Green, Willis, Ogan No recommendation (1): Robinson The following fiscal note applies: Zero fiscal note, State Affairs Committee/Legislative Affairs Agency, 2/21/96 HJR 60 was referred to the Resources Committee. 1996-02-21 House Journal Page 2824 HB 63 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Robinson, Willis Do not pass (1): Porter No recommendation (2): Green, Ogan The following fiscal note applies: Fiscal note, Dept. of Public Safety, 1/30/96 SSHB 63 was referred to the Finance Committee. HB 307 The Finance Committee has considered: HOUSE BILL NO. 307 An Act prohibiting the sale of pull-tabs; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 307(FIN) An Act relating to accounting for charitable gaming proceeds; providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; and providing for an effective date. 1996-02-21 House Journal Page 2825 HB 307 The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Martin, Parnell, Kohring, Kelly, Therriault, Foster No recommendation (1): Mulder Amend (2): Navarre, Brown The following fiscal note applies to CSHB 307(FIN): Zero fiscal note, Dept. of Revenue, 2/21/96 HB 307 was referred to the Rules Committee for placement on the calendar. HB 316 The Judiciary Committee has considered: HOUSE BILL NO. 316 An Act relating to civil liability for false claims and improper allegations or defenses in civil practice; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 316(JUD) An Act relating to civil liability for false claims and improper allegations or defenses in civil practice; amending Rules 13(e) and 37, Alaska Rules of Civil Procedure; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Vezey, B.Davis, Green, Bunde, Toohey No recommendation (1): Finkelstein 1996-02-21 House Journal Page 2826 HB 316 The following fiscal note applies to CSHB 316(JUD): Fiscal note, Alaska Court System, 2/21/96 HB 316 was referred to the Rules Committee for placement on the calendar. HB 363 The State Affairs Committee has considered: HOUSE BILL NO. 363 An Act requiring banks to pay interest on money in reserve accounts held in connection with mortgage loans. and recommends it be replaced with: CS FOR HOUSE BILL NO. 363(STA) An Act relating to reserve accounts held in connection with mortgage loans. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): Green Do not pass (2): James, Porter No recommendation (3): Ivan, Robinson, Willis The following fiscal note applies to CSHB 363(STA): Zero fiscal note, Dept. of Commerce & Economic Development, 2/21/96 HB 363 was referred to the Labor & Commerce Committee. 1996-02-21 House Journal Page 2827 HB 371 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 371 An Act relating to the rights of terminally ill persons. and recommends it be replaced with: CS FOR HOUSE BILL NO. 371(HES) (same title) The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (1): Toohey Do not pass (2): G.Davis, Rokeberg No recommendation (3): Bunde, Robinson, Brice The following fiscal notes apply to CSHB 371(HES): Fiscal notes (2), Dept. of Health & Social Services, 2/21/96 HB 371 was referred to the State Affairs Committee. HB 384 The State Affairs Committee has considered: HOUSE BILL NO. 384 An Act relating to payment requirements for retention in the Pioneers' Home; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 384(STA) (same title) 1996-02-21 House Journal Page 2828 HB 384 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): James, Ogan, Porter No recommendation (1): Ivan Amend (3): Willis, Robinson, Green The following fiscal note applies to CSHB 384(STA): Zero fiscal note, Dept. of Administration, 2/21/96 HB 384 was referred to the Health, Education & Social Services Committee. HB 397 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 An Act relating to the fisheries resource landing tax and to the seafood marketing assessment; and providing for an effective date. and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) (same title) The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (2): Navarre, Grussendorf No recommendation (7): Mulder, Hanley, Therriault, Kelly, Kohring, Parnell, Brown 1996-02-21 House Journal Page 2829 HB 397 The following fiscal notes apply to CSSSHB 397(FIN): Fiscal note, Dept. of Revenue, 2/21/96 Fiscal note, Dept. of Commerce & Economic Development, 2/2/96 SSHB 397 was referred to the Rules Committee for placement on the calendar. HB 401 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 401 An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Alaska Rule of Civil Procedure 3. The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: No recommendation (4): Elton, Austerman, Kott, Ivan The following fiscal notes apply: Zero fiscal note, Dept. of Environmental Conservation, 1/8/96 Zero fiscal note, Dept. of Revenue, 1/8/96 HB 401 was referred to the State Affairs Committee. HB 450 The Labor & Commerce Committee has considered: 1996-02-21 House Journal Page 2830 HB 450 HOUSE BILL NO. 450 An Act relating to trademarks; amending Alaska Rule of Appellate Procedure 609; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 450(L&C) An Act relating to trademarks; amending Rule 609, Alaska Rules of Appellate Procedure; and providing for an effective date. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kott, Porter No recommendation (5): Rokeberg, Elton, Kubina, Masek, Sanders The following fiscal note applies to CSHB 450(L&C): Fiscal note, Dept. of Commerce & Economic Development, 2/21/96 HB 450 was referred to the Judiciary Committee. HB 456 The Labor & Commerce Committee has considered: HOUSE BILL NO. 456 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 456(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Rokeberg, Elton, Porter, Kott 1996-02-21 House Journal Page 2831 HB 456 No recommendation (2): Masek, Sanders The following fiscal note applies to CSHB 456(L&C): Zero fiscal note, Dept. of Environmental Conservation, 2/21/96 HB 456 was referred to the Finance Committee. HB 478 The Labor & Commerce Committee has considered: HOUSE BILL NO. 478 An Act allowing licensed real estate brokers, associate real estate brokers, and real estate salespersons to prepare certain documents; and providing for an effective date. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (5): Kott, Rokeberg, Kubina, Porter, Masek No recommendation (2): Elton, Sanders The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 2/21/96 HB 478 was referred to the Rules Committee for placement on the calendar. HB 484 The Judiciary Committee has considered: HOUSE BILL NO. 484 An Act relating to enforcement of restitution orders entered against minors. 1996-02-21 House Journal Page 2832 HB 484 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Porter, Vezey, Finkelstein, B.Davis, Green, Bunde, Toohey The following fiscal notes apply: Zero fiscal note, Alaska Court System, 2/21/96 Zero fiscal note, Dept. of Law, 2/21/96 Zero fiscal note, Dept. of Health & Social Services, 2/21/96 HB 484 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES SB 123 The Free Conference Committee considering CSSB 123(FIN) am H and CSSB 123(FIN) recommends the following be adopted: FREE CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 123 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. The report was signed by Representatives Toohey (Chair), Kott and Elton; and Senators Miller (Chair), Torgerson and Adams. The following fiscal notes apply to FCCS SB 123: Senate zero fiscal note, Free Conference Committee/Dept. of Education, 2/21/96 Senate zero fiscal notes (2), Dept. of Revenue, 2/21/96 1996-02-21 House Journal Page 2833 SB 123 The report was received in the Chief Clerk's Office at 9:45 a.m., February 21, 1996 and is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Anchorage Kiwanis Club, 50 Year Anniversary By Representative Martin Honoring - Service High School, Cross Country Running Teams By Representative Green In Memoriam - Yukla 27 - Providing Eternal Vigilance By Representative Martin INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HSCR 2 HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 by the House Resources Committee: Disapproving Executive Order No. 95. was read the first time and referred to the Resources Committee. HSCR 3 HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 by the House Health, Education & Social Services Committee: Disapproving Executive Order No. 97. was read the first time and referred to the Health, Education & Social Services Committee. 1996-02-21 House Journal Page 2834 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 524 HOUSE BILL NO. 524 by the House Labor & Commerce Committee by request, entitled: An Act relating to insurance pooling. was read the first time and referred to the Labor & Commerce and Finance Committees. HB 525 HOUSE BILL NO. 525 by the House Finance Committee by request, entitled: An Act designating certain permissible investments by the Alaska Permanent Fund Corporation in taxable municipal or state debt securities and corporate debt securities; changing the allocation limits on domestic and nondomestic government and corporate securities, nondomestic corporate promissory notes, domestic and nondomestic corporate stocks, and taxable government debt securities; and providing for an effective date. was read the first time and referred to the Finance Committee. 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 11:09 a.m. The purpose of the joint session was to hear the State of the Judiciary Address by the Honorable Allen Compton, Chief Justice of the Alaska Supreme Court. 1996-02-21 House Journal Page 2835 Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Pearce appointed Representative Parnell and Senator Donley to escort the Chief Justice to the joint session. The Senate Sergeant-at-arms announced the Chief Justices entrance into the House Chamber. Chief Justice Compton was escorted to the rostrum and welcomed by President Pearce. The Chief Justice introduced Justices Dana Fabe, Robert Eastaugh, Warren Matthews and Jay Rabinowitz. Chief Justice Comptons address appears in Senate and House Joint Journal Supplement No. 19. Chief Justice Compton received a standing ovation and was escorted from the Chamber by Representative Parnell and Senator Donley. Senator Halford moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 11:38 a.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 11:39 a.m. The Speaker stated the House would recess for 15 minutes; and so, the House recessed at 11:40 a.m. 1996-02-21 House Journal Page 2836 AFTER RECESS The House was called back to order at 12:01 p.m. A second quorum call showed 23 members present. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 172 The following was read the second time: HOUSE BILL NO. 172 An Act relating to kindergarten programs and compulsory education; to identification required upon enrollment in a public school; to those grades that constitute elementary, junior, and secondary school; and providing for an effective date. with the: Journal Page HES RPT 3DP 1NR 1343 ZERO FISCAL NOTE (DOE) 1343 FIN RPT 7NR 1617 ZERO FISCAL NOTE (DOE) 4/18/95 1617 The following fiscal note applies: Zero fiscal note, Dept. of Education, 2/21/96 Amendment No. 1 was offered by Representative Bunde: Page 3, line 5: Delete 1995 Insert 1996 Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment Nos. 2 and 3 were not offered. 1996-02-21 House Journal Page 2837 HB 172 Amendment No. 4 was offered by Representative B.Davis: Page 2, lines 21-22: Delete before August 15 following the beginning of Insert by the first day of ªBEFORE AUGUST 15 FOLLOWING THE BEGINNING OFß Representative B.Davis moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: HB 172(efd am) Second Reading Amendment No. 4 YEAS: 29 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Navarre, Ogan, Phillips, Porter, Robinson, Rokeberg, Toohey, Williams, Willis Nays: G.Davis, Hanley, Kelly, Masek, Parnell, Sanders, Therriault, Vezey Excused: Nicholia Absent: Davies, Mulder And so, Amendment No. 4 was adopted. Amendment No. 5 was offered by Representative B.Davis: Page 2, line 25: Delete six ªSEVENß Insert five ªSEVENß 1996-02-21 House Journal Page 2838 HB 172 Page 2, line 28: Delete six ªSEVENß Insert five ªSEVENß Representative B.Davis moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hanley objected. The Speaker invoked Section 102 of Masons Manual. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: HB 172 am Second Reading Amendment No. 5 YEAS: 7 NAYS: 30 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, B.Davis, Elton, Finkelstein, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Nicholia Absent: Davies, Mulder And so, Amendment No. 5 was not adopted. The Speaker stated that HB 172 am will be in third reading on tomorrows calendar. HB 272 The following was read the second time: HOUSE BILL NO. 272 An Act relating to municipal taxation of motor vehicles; and providing for an effective date. 1996-02-21 House Journal Page 2839 HB 272 with the: Journal Page CRA RPT CS(CRA) 2DP 2DNP 2NR 1365 FISCAL NOTE (DPS) 1366 FIN RPT CS(FIN) 7DP 3NR 2678 FISCAL NOTE (DPS) 2678 ZERO FISCAL NOTE (DCRA) 2678 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. 272(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB272(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 272(FIN) was read the third time. The question being: Shall CSHB 272(FIN) pass the House? The roll was taken with the following result: CSHB 272(FIN) Third Reading Final Passage YEAS: 33 NAYS: 4 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Moses, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Barnes, Kohring, Masek, Therriault Excused: Nicholia 1996-02-21 House Journal Page 2840 HB 272 Absent: Davies, Mulder And so, CSHB 272(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 272(FIN) was referred to the Chief Clerk for engrossment. HB 459 The following was read the second time: HOUSE BILL NO. 459 An Act relating to the jurisdiction governing a trust, to challenges to trusts or property transfers in trust, to the validity of trust interests, and to transfers of certain trust interests. with the: Journal Page JUD RPT CS(JUD) 4DP 2NR 2719 ZERO FISCAL NOTE (COURT) 2720 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. 459(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Vezey: Page 2, line 11: Delete "or are" Insert "and are" Page 2, line 12: Delete "managed" Insert "administered" 1996-02-21 House Journal Page 2841 HB 459 Page 2, line 13: Delete "the trustee" Insert "a trustee" Page 3, line 2: Delete "or are being managed" Insert "and are being administered" Page 3, line 3: Delete "the trustee" Insert "a trustee" Page 3, lines 11 - 14: Delete ", or contravenes a law or a judicial or administrative order or action that recognizes, protects, enforces, or gives effect to the right, claim, or interest. In this subsection, "right, claim, or interest" means a right, claim, or interest" Representative Vezey moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that CSHB459(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 459(JUD) am was read the third time. The question being: Shall CSHB 459(JUD) am pass the House? The roll was taken with the following result: CSHB 459(JUD) am Third Reading Final Passage YEAS: 33 NAYS: 2 EXCUSED: 1 ABSENT: 4 1996-02-21 House Journal Page 2842 HB 459 Yeas: Austerman, Brice, Bunde, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Elton Excused: Nicholia Absent: Barnes, Davies, B.Davis, Mulder And so, CSHB 459(JUD) am passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB459(JUD) am. 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: Commemorating - Black History Month By Representatives B. Davis, Phillips, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Navarre, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Honoring - Blanche Walters By Representatives Foster, Phillips, Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Honoring - Noorvik Bears Boys Basketball Team, Class 1A State Champions By Representatives Long, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Mackie, Mulder, Navarre, Ogan, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Adams 1996-02-21 House Journal Page 2843 Celebrating - The Whale Fat Follies' First Decade By Senators Donley, Duncan, Ellis, Hoffman, Kelly, Pearce, Rieger, Sharp, Taylor, Zharoff; Representatives Phillips, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis In Memoriam - Robert Michael Brogan By Representatives Foster, Phillips, B.Davis, G.Davis, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - William Thomas Dunn By Representatives Elton, Robinson, Davies, B.Davis, Foster, Ivan, James, Kott, Kubina, Mackie, Ogan, Rokeberg, Sanders, Toohey, Williams, Willis; Senator Duncan In Memoriam - Robert Rolland Army Armstrong By Representatives Vezey, Phillips, Davies, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis In Memoriam - Chuck Hinde By Representatives Davies, Vezey, Phillips, Kelly, Brice, James, Therriault, Nicholia, B.Davis, Elton, Foster, Ivan, Kott, Kubina, Mackie, Mulder, Ogan, Robinson, Rokeberg , Sanders, Toohey, Williams, Willis; Senators Sharp, Frank 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 Ogan - from 6:00 a.m., February 22 to 9:25 a.m., plane time, February 25, 1996 Representative Kubina - from 12:30 p.m., February 22 to 9:21 p.m., plane time, February 25, 1996 1996-02-21 House Journal Page 2844 Representative Williams - from 1:45 p.m., February 22 to 10:06 p.m., plane time, February 27, 1996 Representative Davies - from 6:00 a.m., February 22 to 9:30 a.m., plane time, February 26, 1996 Representative Grussendorf - from 8:15 a.m., February 22 to 6:10 p.m., plane time, February 25, 1996 Representative Robinson - from 5:15 p.m., February 21 to 10:00 p.m., plane time, February 22, 1996 Representative Porter - from 1:17 p.m., February 22 to 9:21 p.m., plane time, February 25, 1996 Representative James - from 12:30 p.m., March 15 to 7:45 a.m., plane time, March 17, 1996 Representative Bunde - from 12:15 p.m., March 15 to 9:21 p.m., plane time, March 17, 1996 Representative Kohring - from 12:30 p.m., March 8 to 9:21 p.m., plane time, March 10, 1996 Representative Rokeberg - from 6:00 a.m., February 22 to 9:30 p.m., plane time, February 25, 1996 (amended from page 2811) HB 295 The Speaker returned the following to the Judiciary Committee at the request of Representative Porter, Chair: HOUSE BILL NO. 295 An Act relating to the custody and disposition of property in the custody of municipal law enforcement agencies. HB 295 was removed from the Finance Committee and returned to the Judiciary Committee. HSCR 1 The Speaker returned the following to the Resources Committee: 1996-02-21 House Journal Page 2845 HSCR 1 HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1 Disapproving Executive Order No. 92. HSCR 1 was removed from the Finance Committee and returned to the Resources Committee. HB 316 The Speaker added a referral to the Finance Committee on the following: HOUSE BILL NO. 316 An Act relating to civil liability for false claims and improper allegations or defenses in civil practice; and providing for an effective date. HB 316 was referred to the Finance Committee. HB 386 The Speaker added a referral to the Finance Committee to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 386 An Act relating to cruelty to animals and the provision of food and water to confined or impounded animals. HB 386 is in the Judiciary Committee. HB 60 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 60 An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. HB 60 was referred to the Rules Committee for placement on the calendar. 1996-02-21 House Journal Page 2846 HB 25 The Judiciary Committee submitted the following to correct an earlier fiscal note by the Dept. of Administration, published on March 29, 1995 (page 974): Zero fiscal note, Dept. of Administration, 2/21/96 for: CS FOR HOUSE BILL NO. 25(JUD) An Act revising Alaska Rule of Criminal Procedure 16, relating to discovery and inspection in criminal proceedings; and providing for an effective date. HB 272 Representative G.Davis added his name as cosponsor to: CS FOR HOUSE BILL NO. 272(FIN) An Act relating to municipal taxation of motor vehicles; and providing for an effective date. HB 307 Representative Phillips removed her name as cosponsor to: HOUSE BILL NO. 307 An Act prohibiting the sale of pull-tabs; and providing for an effective date. HB 383 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 383 An Act relating to reimbursement by the state to municipalities and certain established villages for services provided to individuals incapacitated by alcohol; and providing for an effective date. HB 394 Representative James added her name as cosponsor to: 1996-02-21 House Journal Page 2847 HB 394 HOUSE BILL NO. 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. HB 490 Representatives Willis and Brown added their names as cosponsors to: HOUSE BILL NO. 490 An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. HB 499 Representatives Elton, Robinson and Brown added their names as cosponsors to: HOUSE BILL NO. 499 An Act relating to contributions from permanent fund dividends for the Alaska children's trust fund; and providing for an effective date. HB 510 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 510 An Act relating to occupational licensing fees and regulatory costs for occupational licensing functions; and providing for an effective date. 1996-02-21 House Journal Page 2848 ENGROSSMENT HB 272 CSHB 272(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 224 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 3:40 p.m., February 19, 1996: SENATE CS FOR CS FOR HOUSE BILL NO. 224(L&C) An Act relating to the state plumbing code. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus after session, 2/21 Majority Caucus Speakers Chamber 7:30 a.m., 2/22 The following meetings today have been changed as indicated: Transportation Committee 1:00 pm, 2/21 meeting CHANGED TO: 1:30 p.m., 2/21 Judiciary Committee 1:00 pm, 2/21 meeting CHANGED TO: after session, 2/21 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 22, 1996. There being no objection, the House adjourned at 1:11 p.m. Suzi Lowell Chief Clerk