Legislature(1995 - 1996)
1996-02-26 House Journal
Full Journal pdf1996-02-26 House Journal Page 2879 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 26, 1996 Fiftieth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:09 a.m. Roll call showed 36 members present. Representatives Hanley, Kohring and Williams had been previously excused from a call of the House today. Representative Moses was excused and his presence was noted later. The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father, I thank You, Lord, that You are neither a Republican or a Democrat or a member of any other political party. I am glad, Father, that You are God and You are bigger than any of our philosophies or political leanings. However, Lord, I am also grateful that You do take an interest in the affairs of men, and, in fact, that nothing we do is ignored by You or hidden from You. So, with that in mind Lord, we pray as did the Psalmist, that `The words of our mouths and the meditations of our hearts would be acceptable in thy sight, O Lord our Strength and our Redeemer.' Amen. 1996-02-26 House Journal Page 2880 The Pledge of Allegiance was led by Representative Elton. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 46th, 47th, 48th and 49th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 43 A message dated February 23, 1996, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 43(FSH) Relating to commercial fishing and subsistence use in Glacier Bay National Park. CSHJR 43(FSH) was referred to the Chief Clerk for enrollment. A message dated February 23, 1996, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 69 CS FOR SENATE BILL NO. 69(RES) by the Senate Resources Committee, entitled: An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. was read the first time and referred to the Resources and Finance Committees. 1996-02-26 House Journal Page 2881 COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and will appear in House Journal Supplement No. 12 and House & Senate Joint Journal Supplement No. 20. REPORTS OF STANDING COMMITTEES HB 319 The Finance Committee has considered: HOUSE BILL NO. 319 An Act relating to the regulation of small loan and retail installment transactions. and recommends it be replaced with: CS FOR HOUSE BILL NO. 319(FIN) An Act relating to the regulation of small loan and retail installment transactions; and providing for an effective date. The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (7): Kelly, Therriault, Hanley, Mulder, Parnell, Kohring, Brown No recommendation (1): Navarre The following fiscal note applies to CSHB 319(FIN): Zero fiscal note, Dept. of Commerce & Economic Development, 2/26/96 HB 319 was referred to the Rules Committee for placement on the calendar. HB 437 The Finance Committee has considered: 1996-02-26 House Journal Page 2882 HB 437 HOUSE BILL NO. 437 An Act establishing the Judicial Officers Compensation Commission; relating to the compensation of supreme court justices, judges of the court of appeals, judges of the superior court, and district court judges; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 437(FIN) (same title) The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (3): Martin, Parnell, Brown No recommendation (6): Hanley, Mulder, Kohring, Navarre, Kelly, Therriault The following fiscal notes apply to CSHB 437(FIN): Fiscal note, Office of the Governor, 2/26/96 Zero fiscal note, Alaska Court System, 1/30/96 HB 437 was referred to the Rules for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 265 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 265 An Act relating to the export of live dungeness crab. and recommends it be replaced with: CS FOR HOUSE BILL NO. 265(FSH) (same title) 1996-02-26 House Journal Page 2883 HB 265 The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (2): Elton, G.Davis No recommendation (2): Austerman, Ogan The following fiscal notes apply to CSHB 265(FSH): Zero fiscal note, Dept. of Fish & Game, 2/26/96 Zero fiscal note, Dept. of Environmental Conservation, 2/26/96 HB 265 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Command Sergeant Major Roger L. Montgomery, United States Army By Representative Mulder Honoring - 2nd Battalion, 297th Infantry, Alaska National Guard By Representatives Ivan, Kott, Mulder, Foster, Phillips, Davies, Willis; Senator Hoffman Honoring - Shara Crandall, Miss America Coed 1995 By Senator Green; Representative Kohring In Memoriam - Heidi Elizabeth Wold By Senator Green 1996-02-26 House Journal Page 2884 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 528 HOUSE BILL NO. 528 by the House Finance Committee, entitled: An Act relating to applications for certificates of need and licensing of nursing homes; amending the standard of review for certificates of need for health care facilities in the state; establishing a moratorium with respect to new applications by prohibiting the issuance of a certificate of need or a license for additional nursing home capacity in the state until July 1, 1998; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 468 The following, which was advanced to third reading from the February 22, 1996, calendar (page 2858), was read the third time: CS FOR HOUSE BILL NO. 468(FIN) am An Act making supplemental appropriations for the expenses of state government and making and amending appropriations; ratifying certain state expenditures; and providing for an effective date. **The presence of Representative Moses was noted. The question being: Shall CSHB 468(FIN) am pass the House? The roll was taken with the following result: 1996-02-26 House Journal Page 2885 HB 468 CSHB 468(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brice, Davies Excused: Hanley, Kohring, Williams Absent: Martin And so, CSHB 468(FIN) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 468(FIN) am was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 172 Representative Mackie brought up reconsideration of the vote on HB 172 am(fld H) (page 2860). The following was again before the House in third reading: HOUSE BILL NO. 172 am 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. 1996-02-26 House Journal Page 2886 HB 172 The question to be reconsidered: Shall HB 172 am pass the House? The roll was taken with the following result: HB 172 am--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, Kott, Kubina, Long, Mackie, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Willis Nays: Barnes, James, Kelly, Martin, Masek, Ogan, Parnell, Therriault, Toohey, Vezey Excused: Hanley, Kohring, Williams And so, HB 172 am passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 172 am was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Carolyn Savaria, Soldotna Chamber of Commerce, 1995 Devoted Service to Young People Award By Representatives G.Davis, Phillips, Navarre, Davies, B.Davis, Green, Kott, Mackie, Mulder, Nicholia, Robinson, Therriault, Toohey; Senators Torgerson, Salo 1996-02-26 House Journal Page 2887 Honoring - Rik Bucy, Soldotna Chamber of Commerce, 1995 Business Person of the Year By Representatives G.Davis, Phillips, Navarre, Davies, B.Davis, Green, Kott, Mackie, Mulder, Nicholia, Robinson, Therriault Toohey; Senators Torgerson, Salo Honoring - Alyson Stogsdill, Soldotna Chamber of Commerce, 1995 Person of the Year By Representatives G.Davis, Phillips, Navarre, Davies, B.Davis, Green, Kott, Mackie, Mulder, Nicholia, Robinson, Therriault, Toohey; Senators Torgerson, Salo Honoring - Rosie Reeder, Soldotna Chamber of Commerce, 1995 Volunteer of the Year By Representatives G.Davis, Phillips, Navarre, Davies, B.Davis, Green, Kott, Mackie, Mulder, Nicholia, Robinson, Therriault, Toohey; Senators Torgerson, Salo Honoring - Hobo Jim, Soldotna Chamber of Commerce, 1995 Excellence in Profession Award By Representatives G.Davis, Phillips, Navarre, Bunde, Davies, B.Davis, Green, Kott, Mackie, Mulder, Nicholia, Robinson, Therriault, Toohey, Vezey; Senators Torgerson, Salo Honoring - Mrs. Jack M. (Kay) Linton By Senator Ellis; Representatives Phillips, Barnes, Brown, Bunde, Davies, B.Davis, Kott, Mackie, Martin, Mulder, Nicholia, Porter, Robinson, Toohey Honoring - Alaska Quarterly Review By Senator Donley; Representative Phillips, Davies, B.Davis, Kott, Mackie, Nicholia, Robinson Honoring - Barlett High School Golden Bears, 4A Boys State Basketball Champions, 1996 By Senators Leman, Phillips, Kelly, Representatives Barnes, Davies, B.Davis, Mackie, Martin, Elton, Green, Ivan, James, Kott, Kohring, Kubina, Mackie, Masek, Navarre, Nicholia, Parnell, Porter, Robinson, Therriault, Toohey, Vezey, Willis 1996-02-26 House Journal Page 2888 UNFINISHED BUSINESS SB 123 Representative Vezey moved and asked unanimous consent that the House consider the Free Conference Committee report on the following, which is under Unfinished Business (page 2832), at this time: CS FOR SENATE BILL NO. 123(FIN) am H An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date. and CS FOR SENATE BILL NO. 123(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House adopt the Free Conference Committee report, thus adopting FCCS SB 123 and recommended that the members vote yes. The question being: Shall the House adopt the Free Conference Committee report? The roll was taken with the following result: FCCS SB 123 Adopt YEAS: 35 NAYS: 1 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Navarre 1996-02-26 House Journal Page 2889 SB 123 Excused: Hanley, Kohring, Williams Absent: Moses And so, the House adopted the Free Conference Committee report, thus adopting: 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. 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. The Chief Clerk was instructed to so notify the Senate. The Senate has adopted the Free Conference Committee report (page 2516 of the Senate journal). Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Barnes - from 6:00 p.m., February 29 to 9:25 p.m., plane time, March 6, 1996 (amended from page 2861) HB 307 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 307 An Act prohibiting the sale of pull-tabs; and providing for an effective date. 1996-02-26 House Journal Page 2890 HB 447 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 447 An Act providing that state land, water, and land and water may not be classified so as to preclude or restrict traditional means of access for traditional recreational uses. ENGROSSMENT HB 172 HB 172 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 468 CSHB 468(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 7:30 a.m., 2/27 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 28, 1996. There being no objection, the House adjourned at 12:30 p.m. Suzi Lowell Chief Clerk