Legislature(1995 - 1996)

1996-02-21 House Journal

Full Journal pdf

1996-02-21                     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