Legislature(1995 - 1996)
1996-02-28 House Journal
Full Journal pdf1996-02-28 House Journal Page 2895 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 28, 1996 Fifty-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:29 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father: As this group of men and women gather today to be about the business of this State's government and representing its people in that process, we humbly acknowledge that You are the source of wisdom. And, I sincerely ask that You would share some of it with them as they consider the matters before them today. May each legislator see clearly to the heart and truth of each issue upon which they must vote. As they serve the people of Alaska today, may they do so with dignity and foresight. Amen. The Pledge of Allegiance was led by Representative Austerman. 1996-02-28 House Journal Page 2896 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 50th and 51st legislative days, House Journal Supplement No. 12, and House & Senate Joint Journal Supplement No. 20 be approved as certified by the Chief Clerk. Representative Navarre objected and withdrew the objection. There being no further objection, the journal and supplements were certified. MESSAGES FROM THE GOVERNOR A letter dated February 28, 1996, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted. The Speaker referred the following to the Resources and State Affairs Committees: Board of Game Greg Roczicka - Bethel Appointed: 02/23/96; Expires: 01/31/99 Anne K. Ruggles - Fairbanks Appointed: 01/31/93; Reappointed: 02/23/96 Expires: 01/31/99 Victor Van Ballenberghe - Anchorage Appointed: 02/23/96; Expires: 01/31/99 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE A message dated February 26, 1996, was received stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 10:15 a.m., February 29, 1996, to discuss the Governor's Executive Orders. 1996-02-28 House Journal Page 2897 Messages dated February 26, 1996, were read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 26 SENATE CONCURRENT RESOLUTION NO. 26 by the Senate Rules Committee: Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and considered later as a Special Order of Business. FIRST READING AND REFERENCE OF SENATE BILLS SB 162 CS FOR SENATE BILL NO. 162(FIN) by the Senate Finance Committee, entitled: An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act. was read the first time and referred to the Resources and Finance Committees. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Health & Social Services Division of Public Health Alaska Council on Emergency Medical Services Emergency Medical Services 1995 Report to the Legislature 1996-02-28 House Journal Page 2898 Alaska Injury Prevention Plan Prepared by the State Injury Prevention Coalition December 1994 REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Joseph J. Thomas, Jr. as a member of the Alcoholic Beverage Control Board, James G. Williams Nancy J. Ridgley Harriet M. Lawlor as members of the Alaska Workers' Compensation Board, G. Nanette Thompson, Esq. Sam Cotten as members of the Alaska Public Utilities Commission, Gail C. Shortell, Esq. as a member of the Board of Psychologist and Psychological Associate Examiners, Leslie F. Schwartz as a member of the State Physical Therapy and Occupational Therapy Board, Chris E. Coursey as a member of the Board of Pharmacy, Timothy O. Sharp 1996-02-28 House Journal Page 2899 as a member of the Occupational Safety and Health Review Board, Marilyn Holmes as a member of the Board of Certified Direct-Entry Midwives, Josephine Malemute as a member of the Board of Nursing; and, Suzanne H. Lombardi Donald C. Olson, M.D. Sarah A. Isto, M.D. Donald G. Hudson, D.O. Beverly Fletcher Keith M. Brownsberger, M.D. as members of the State Medical Board. 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 Kott, Chair; and, Representatives Porter, Masek, Kubina, Rokeberg, Sanders and Elton. The Finance Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Bert L. Cottle Ellen L. Ganley Evelyn Beeter Robert J. Klein as members of the Alcoholic Beverage Control Board. 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. 1996-02-28 House Journal Page 2900 The reports were signed by Representatives Hanley and Foster, Co- chairs; and, Representatives Mulder, Kelly, Martin, Brown, Navarre, Parnell, Therriault and Kohring. HSCR 1 The Resources Committee has considered: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1 Disapproving Executive Order No. 92. and recommends it be replaced with: CS FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO.1(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Austerman, Kott, Ogan, Williams, Green Do not pass (3): Long, Davies, Nicholia The following fiscal notes apply to CSHSCR 1(RES): Zero fiscal note, House Resources Committee/Legislature, 2/28/96 Zero fiscal note, Dept. of Natural Resources, 2/5/96 HSCR 1 was referred to the Finance Committee and later waived. HSCR 2 The Resources Committee has considered: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 95. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Austerman, Kott, Ogan, Williams, Green 1996-02-28 House Journal Page 2901 HSCR 2 Do not pass (3): Long, Davies, Nicholia The following fiscal note applies: Zero fiscal note, House Resources Committee/Legislature, 2/28/96 HSCR 2 was referred to the Rules Committee for placement on the calendar. HSCR 3 The Health, Education & Social Services Committee has considered: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 97. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): G.Davis, Rokeberg, Bunde, Toohey, Vezey Do not pass (2): Brice, Robinson The following fiscal note applies: Zero fiscal note, House Health, Education & Social Services Committee, 2/28/96 HSCR 3 was referred to the Rules Committee for placement on the calendar. HCR 25 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 25 Declaring May 15, 1996, 381st Intelligence Squadron Logistics Division Day. The report was signed by Representative James, Chair, with the following individual recommendations: 1996-02-28 House Journal Page 2902 HCR 25 Do pass (4): James, Porter, Robinson, Willis No recommendation (1): Green The following fiscal note applies: Zero fiscal note, Office of the Governor, 2/15/96 HCR 25 was referred to the Rules Committee for placement on the calendar. HJR 59 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 59 Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agencys draft permit and, consistent with the philosophy of the Agencys 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the National Pollutant Discharge Elimination System permits in place. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agencys draft permit and, consistent with the philosophy of the Agencys 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. 1996-02-28 House Journal Page 2903 HJR 59 The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (6): Long, Ogan, Kott, Austerman, Barnes, Green The following fiscal note applies to CSHJR 59(RES): Zero fiscal note, House Resources Committee/Legislature, 2/28/96 HJR 59 was referred to the Rules Committee for placement on the calendar. HB 73 The Labor & Commerce Committee has considered: HOUSE BILL NO. 73 An Act relating to licensure of manicurists. and recommends it be replaced with: CS FOR HOUSE BILL NO. 73(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Kubina No recommendation (5): Rokeberg, Elton, Porter, Sanders, Kott The following fiscal note applies to CSHB 73(L&C): Fiscal note, Dept. of Commerce & Economic Development, 2/16/96 HB 73 was referred to the Finance Committee. HB 179 The Health, Education & Social Services Committee has considered: 1996-02-28 House Journal Page 2904 HB 179 HOUSE BILL NO. 179 An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 179(FSH) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): G.Davis, Rokeberg, Toohey No recommendation (3): Bunde, Robinson, Brice The following fiscal notes apply to CSHB 179(FSH): Zero fiscal note, Dept. of Education, 2/28/96 Zero fiscal note, House Special Committee on Fisheries/All Depts., 2/15/96 HB 179 was referred to the Finance Committee. HB 204 The Finance Committee has considered: HOUSE BILL NO. 204 An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; and relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft. and recommends it be replaced with: 1996-02-28 House Journal Page 2905 HB 204 CS FOR HOUSE BILL NO. 204(FIN) An Act relating to the administrative revocation of a minors license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minors refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; and providing for an effective date. The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (6): Hanley, Mulder, Brown, Navarre, Parnell, Kohring The following fiscal notes apply to CSHB 204(FIN): Indeterminate fiscal note, Alaska Court System, 2/28/96 Zero fiscal notes (2), Dept. of Administration, 2/28/96 Zero fiscal notes (2), Dept. of Public Safety, 2/28/96 Zero fiscal note, Dept. of Law, 2/28/96 HB 204 was referred to the Rules Committee for placement on the calendar. HB 265 The Resources Committee 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) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: 1996-02-28 House Journal Page 2906 HB 265 Do pass (7): Kott, Austerman, Ogan, Williams, Green, Long, Davies The following fiscal notes apply to CSHB 265(FSH): Zero fiscal note, Dept. of Environmental Conservation, 2/26/96 Zero fiscal note, Dept. of Fish & Game, 2/26/96 HB 265 was referred to the Rules Committee for placement on the calendar. HB 338 The State Affairs Committee has considered: HOUSE BILL NO. 338 An Act relating to permits to carry concealed handguns. and recommends it be replaced with: CS FOR HOUSE BILL NO. 338(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Willis No recommendation (2): Porter, Ivan The following fiscal note applies to CSHB 338(STA): Zero fiscal note, Dept. of Public Safety, 2/28/96 HB 338 was referred to the Judiciary Committee. HB 352 The Finance Committee has considered: 1996-02-28 House Journal Page 2907 HB 352 HOUSE BILL NO. 352 An Act giving notice of and approving a lease-purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Hanley, Mulder, Martin, Kohring, Therriault, Foster No recommendation (4): Parnell, Navarre, Brown, Kelly The following fiscal notes apply: Fiscal note, Dept. of Natural Resources, 2/2/96 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/2/96 HB 352 was referred to the Rules Committee for placement on the calendar. HB 383 The Community & Regional Affairs Committee has considered: 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. and recommends it be replaced with: CS FOR HOUSE BILL NO. 383(CRA) An Act relating to municipal taxation of alcoholic beverages; increasing and requiring annual adjustment of the tax on alcoholic beverages; 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. The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: 1996-02-28 House Journal Page 2908 HB 383 Do pass (3): Elton, Nicholia, Ivan Do not pass (2): Vezey, Kott No recommendation (1): Austerman The following fiscal notes apply to CSHB 383(CRA): Fiscal note, Dept. of Revenue, 2/28/96 Fiscal note, Dept. of Community & Regional Affairs, 2/28/96 Zero fiscal note, Dept. of Health & Social Services, 2/28/96 HB 383 was referred to the State Affairs Committee. HB 433 The Judiciary Committee has considered: HOUSE BILL NO. 433 An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities. and recommends it be replaced with: CS FOR HOUSE BILL NO. 433(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Bunde, Toohey No recommendation (3): Finkelstein, B.Davis, Green The following fiscal notes apply to CSHB 433(JUD): Zero fiscal note, Dept. of Corrections, 2/9/96 Zero fiscal note, Dept. of Public Safety, 1/19/96 Zero fiscal note, Dept. of Law, 1/19/96 1996-02-28 House Journal Page 2909 HB 433 Zero fiscal note, Dept. of Commerce & Economic Development, 1/19/96 Zero fiscal notes (2), Dept. of Administration, 1/19/96 HB 433 was referred to the Finance Committee. HB 501 The State Affairs Committee has considered: HOUSE BILL NO. 501 An Act requiring competition in local exchange telephone service. The report was signed by Representative James, Chair, with the following individual recommendations: No recommendation (2): James, Porter Amend (3): Green, Robinson, Willis The following fiscal note applies: Zero fiscal note, State Affairs Committee/Dept. of Commerce & Economic Development, 2/28/96 HB 501 was referred to the Labor & Commerce Committee. REPORTS OF SPECIAL COMMITTEES HB 394 The House Special Committee on Oil & Gas has considered: 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 1996-02-28 House Journal Page 2910 HB 394 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. and recommends it be replaced with: CS FOR HOUSE BILL NO. 394(O&G) An Act authorizing shallow bed natural gas leasing; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; exempting response and prevention activities associated with shallow bed natural gas leasing as a use for which money in the oil and hazardous substance release prevention and response fund is authorized; and substituting in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling a reference to shallow bed natural gas for a reference to coal bed methane. The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Ogan No recommendation (4): Brice, B.Davis, G.Davis, Williams Amend (1): Finkelstein The following fiscal notes apply to CSHB 394(O&G): Fiscal note, Dept. of Natural Resources, 2/28/96 Zero fiscal note, Dept. of Environmental Conservation, 2/28/96 HB 394 was referred to the Resources Committee. 1996-02-28 House Journal Page 2911 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Representative Dave Thompson By Representative Navarre Honoring - 1995 Eagle Scouts By Senator Pearce Honoring - Dr. Arvind Phukan, P.E. By Senator Kelly Honoring - Palmer High School Football Team 1995 Alaska State Champions By Senator Green; Representative Ogan In Memoriam - Merwin Ray Johnson By Representative Foster In Memoriam - Gary Thurlow By Senator Green INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 31 HOUSE CONCURRENT RESOLUTION NO. 31 by the House Rules Committee: Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. was read the first time and referred to the Rules Committee. 1996-02-28 House Journal Page 2912 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 529 HOUSE BILL NO. 529 by the House Health, Education and Social Services Committee, entitled: An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory. was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 530 HOUSE BILL NO. 530 by the House Labor & Commerce Committee by request, entitled: An Act relating to insurance obtained from or provided by nonadmitted insurers; and providing for an effective date. was read the first time and referred to the Labor & Commerce, Transportation and Finance Committees. HB 531 HOUSE BILL NO. 531 by the House Labor & Commerce Committee by request, entitled: An Act relating to telecommunications. was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. HB 532 HOUSE BILL NO. 532 by the House State Affairs Committee, entitled: An Act relating to determination by executive branch agencies of the costs of reviewing, adopting, amending, and repealing regulations. 1996-02-28 House Journal Page 2913 HB 532 was read the first time and referred to the State Affairs and Finance Committees. HB 533 HOUSE BILL NO. 533 by the House Community & Regional Affairs Committee, entitled: An Act relating to the board of directors of the Alaska Aerospace Development Corporation. was read the first time and referred to the Labor & Commerce Committee. HB 534 HOUSE BILL NO. 534 by the House Judiciary Committee by request, entitled: An Act relating to the priority of certain real property liens. was read the first time and referred to the Judiciary and Finance Committees. The House stood at ease for 15 minutes at 10:57 a.m. AFTER AT EASE The House was called back to order at 11:20 a.m. A second quorum call showed 25 members present. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 476 The following was read the second time: HOUSE BILL NO. 476 An Act establishing YUKLA 27 Remembrance Day. 1996-02-28 House Journal Page 2914 HB 476 with the: Journal Page MLV RPT CS(MLV) 5DP 1NR 2802 ZERO FISCAL NOTE (GOV) 2803 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. 476(MLV) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 1, line 6: Delete "Advanced" Insert "Airborne" Page 1, line 14: Delete "Pilot" Insert "Aircraft Commander" Page 2, line 13: Delete "DeFrancesco" Insert "Defrancesco" Representative Kott 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 CSHB 476(MLV) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 476(MLV) am was read the third time. 1996-02-28 House Journal Page 2915 HB 476 Representative Vezey moved and asked unanimous consent that CSHB 476(MLV) am be returned to the Rules Committee. There being no objection, it was so ordered. CSHB 476(MLV) am was returned to the Rules Committee. HB 369 The following was read the second time: HOUSE BILL NO. 369 An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities. with the: Journal Page STA RPT 7DP 2520 2 ZERO FISCAL NOTES (ADM, DOE) 2521 L&C RPT 7DP 2771 2 ZERO FNS (ADM, DOE) 1/24/96 2772 Representative Vezey moved and asked unanimous consent that HB369 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 369 was read the third time. The question being: Shall HB 369 pass the House? The roll was taken with the following result: HB 369 Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 1996-02-28 House Journal Page 2916 HB 369 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Vezey Absent: Foster, Moses And so, HB 369 passed the House and was referred to the Chief Clerk for engrossment. HB 241 The following was read the second time: HOUSE BILL NO. 241 An Act relating to the use of a candidate's campaign account. with the: Journal Page STA RPT CS(STA) NT 1DNP 4NR 1620 FISCAL NOTE (ADM) 1620 FIN RPT CS(STA) NT 6DP 3NR 2519 FISCAL NOTE (HFC/ADM) 2519 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. 241(STA) An Act relating to the use of a state candidate's campaign account and to assets owned by a state campaign; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 241(STA) be considered engrossed, advanced to third reading and placed on final passage. 1996-02-28 House Journal Page 2917 HB 241 Objection was heard. The Speaker stated that CSHB 241(STA) will be in third reading on tomorrows calendar. HB 307 The following was read the second time: HOUSE BILL NO. 307 An Act prohibiting the sale of pull-tabs; and providing for an effective date. with the: Journal Page JUD RPT CS(JUD) NT 4DP 1DNP 1NR 1626 FISCAL NOTE (REV) 1627 FIN RPT CS(FIN) NT 7DP 1NR 2AM 2824 ZERO FISCAL NOTE (REV) 2825 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. 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. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Finkelstein: Page 1, line 3, following "proceeds" (title amendment): Insert ", other than proceeds from raffles and lotteries," 1996-02-28 House Journal Page 2918 HB 307 Page 1, line 5, following "gaming" (title amendment): Insert ", other than raffles and lotteries; relating to raffles and lotteries" Page 3, line 7, through page 4, line 8: Delete all material and insert: "* Sec. 2. AS05.15.100 is amended by adding a new subsection to read: (e) The department may issue a permit to a political organization for activities conducted under AS05.15.155. A permit issued under this subsection gives the political organization the privilege of conducting raffles and lotteries but no other forms of charitable gaming. A political organization receiving a permit under this subsection must satisfy all the requirements of this chapter relating to permittees. A political organization may not hold or otherwise participate in a multiple-beneficiary permit. * Sec. 3. AS05.15.115 is amended by adding a new subsection to read: (e) A political organization holding a permit to conduct raffles and lotteries under AS05.15.100(e) may not enter into a contract with an operator to conduct, on behalf of the political organization, the raffles and lotteries permitted under the authority of the permit. * Sec. 4. AS05.15.150 is amended to read: Sec. 05.15.150. LIMITATION ON USE OF PROCEEDS. (a) The authority to conduct the activity authorized by this chapter is contingent upon the dedication of the net proceeds of the charitable gaming activity to the awarding of prizes to contestants or participants and to ªPOLITICAL,ß educational, civic, public, charitable, patriotic, or religious uses in the state. "Educational [POLITICAL, EDUCATIONALß, civic, public, charitable, patriotic, or religious uses" means uses benefiting persons either by bringing them under the influence of education or religion or relieving them from disease, suffering, or constraint, or by assisting them in establishing themselves in life, or by providing for the promotion of the welfare and well-being of the membership of the organization within their own community, ªOR THROUGH AIDING CANDIDATES FOR PUBLIC OFFICE OR GROUPS THAT SUPPORT CANDIDATES FOR PUBLIC OFFICE,ß or by erecting or maintaining public buildings or works, or lessening the burden on government, but does not include 1996-02-28 House Journal Page 2919 HB 307 (1) the direct or indirect (A) payment of any portion of the net proceeds of a bingo or pull-tab game to a lobbyist registered under AS24.45; (B) contribution of any portion of the net proceeds of a charitable gaming activity to (i) a candidate for a public office of the state or a political subdivision of the state or to the candidate's campaign organization; (ii) a political party as defined under AS15.60; (iii) an organization or club organized under or formally affiliated with a political party; (iv) a political group as defined under AS15.60; or (v) a group as defined under AS15.13.130, including a group that seeks to influence the opinions of voters concerning the election of a candidate for public office, a constitutional amendment, an initiative, or another ballot measure; or (2) the erection, acquisition, improvement, maintenance, or repair of real, personal, or mixed property unless it is used exclusively for one or more of the permitted uses. (b) The net proceeds derived from the activity must be devoted within one year to one or more of the uses stated in (a) of this section. If the net proceeds are derived from raffles and lotteries, the proceeds must be devoted within one year to one or more of the uses stated in (a) of this section or to political uses as provided in (c) of this section. A municipality or qualified organization desiring to hold the net proceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request. * Sec. 5. AS05.15.150 is amended by adding a new subsection to read: (c) In addition to the uses specified in (a) of this section, a permittee may dedicate the net proceeds of raffles and lotteries to political uses within the state. In this subsection, "political uses" means uses benefiting persons through aiding candidates for public office or groups that support candidates for public office. 1996-02-28 House Journal Page 2920 HB 307 * Sec. 6. AS05.15 is amended by adding a new section to read: Sec. 05.15.155. POLITICAL ORGANIZATION RAFFLES AND LOTTERIES. A political organization that holds a permit under AS05.15.100(e) may conduct raffles and lotteries. Notwithstanding AS05.15.150, the authority to conduct the raffles and lotteries under this section is contingent upon the dedication of the net proceeds of the raffles and lotteries to political, educational, civic, public, charitable, patriotic, or religious uses in the state and to the awarding of prizes to contestants or participants. "Educational, civic, public, charitable, patriotic, or religious uses" means those uses described in AS05.15.150(a). "Political uses" has the meaning given in AS05.15.150(c). The net proceeds derived from raffles and lotteries under this subsection must be devoted within one year to one or more of the uses described in this section. A political organization desiring to hold the net proceeds for a period longer than one year must apply to the department for special permission and upon good cause shown the department may grant the request. * Sec. 7. AS05.15.690(34) is amended to read: (34) "political organization" means an organization or club organized under or formally affiliated with a political party as defined in AS15.60.010, that operates without profits to its members, and that has been in existence for a period of three years immediately before applying for a license; the organization may be a firm, corporation, company, association, or partnership;" Renumber the following bill sections accordingly. Page 4, line 18: Delete all material. Renumber the following bill section accordingly. Representative Finkelstein moved and asked unanimous consent Amendment No. 1 be adopted. Representative Toohey objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-02-28 House Journal Page 2921 HB 307 CSHB 307(FIN) Second Reading Amendment No. 1 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, James, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Sanders, Willis Nays: Austerman, Bunde, G.Davis, Green, Hanley, Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Finkelstein: Page 1, lines 1 - 2 (title amendment): Delete "a political use is" Insert "contributions to candidates and their campaign organizations are" Page 1, line 4, following "offices" (title amendment): Delete "," Insert "or" Page 1, line 4 (title amendment): Delete ", or to political groups; providing that a" Insert ";" Page 1, line 5 (title amendment): Delete all material. Page 3, line 10: Delete "ªPOLITICALß" Insert "political," 1996-02-28 House Journal Page 2922 HB 307 Page 3, line 12: Delete "Educational ªPOLITICAL, EDUCATIONALß" Insert "Political, educational" Page 3, lines 17 - 18: Delete "ªOR THROUGH AIDING CANDIDATES FOR PUBLIC OFFICE OR GROUPS THAT SUPPORT CANDIDATES FOR PUBLIC OFFICE,ß" Insert "or through aiding ªCANDIDATES FOR PUBLIC OFFICE ORß groups that support candidates for public office," Page 3, line 26: Delete "(i)" Page 3, line 29, through page 4, line 5: Delete "(ii) a political party as defined under AS15.60; (iii) an organization or club organized under or formally affiliated with a political party; (iv) a political group as defined under AS15.60; or (v) a group as defined under AS15.13.130, including a group that seeks to influence the opinions of voters concerning the election of a candidate for public office, a constitutional amendment, an initiative, or another ballot measure;" Page 4, lines 9 - 18: Delete all material. Renumber the following bill section accordingly. Representative Finkelstein moved and asked unanimous consent Amendment No. 2 be adopted. Representative Hanley objected. Representative Kubina placed a call on the House and lifted the call. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1996-02-28 House Journal Page 2923 HB 307 CSHB 307(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Nicholia, Robinson, Sanders, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Williams changed from "Yea" to "Nay". And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Finkelstein: Page 1, line 1, following "Act" (title amendment): Insert "relating to pull-tab games;" Page 4, following line 8: Insert a new bill section to read: "* Sec. 3. AS05.15.187 is amended by adding a new subsection to read: (j) Before the sale of any pull-tab games, operators, vendors, and permittees shall clearly identify to the public the permittee that will benefit from the sale of that pull-tab series. The notice shall be posted so that it is clearly visible in a location in close proximity to where the sale of pull-tabs occurs." Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent than Amendment No. 3 be adopted. Representative Vezey objected. 1996-02-28 House Journal Page 2924 HB 307 The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 307(FIN) Second Reading Amendment No. 3 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Nicholia, Robinson, Sanders, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 1, line 1, following "Act" (title amendment): Insert "relating to the percentage of adjusted gross income that operators must pay to permittees; relating to authorized expenses of charitable gaming;" Page 3, following line 6: Insert a new bill section to read: "* Sec. 2. AS05.15.128(a) is amended to read: (a) The department shall revoke the license of an operator who does not (1) report an adjusted gross income of at least 15 percent of gross income annually based on the total operation of the operator; or (2) pay to each authorizing permittee annually at least 40 [30ß percent of the adjusted gross income, as determined under (1) of this subsection, from a pull-tab activity or at least 10 percent of the adjusted gross income, as determined under (1) of this subsection, from a gaming activity other than pull-tabs, received from activities conducted on behalf of the authorizing permittee." 1996-02-28 House Journal Page 2925 HB 307 Renumber the following bill sections accordingly. Page 4, following line 8: Insert a new bill section to read: "* Sec. 4. AS 05.15.160(c) is amended to read: (c) The total amount of authorized expenses that may be incurred under (a) of this section in connection with a pull-tab activity may not exceed 60 ª70ß percent of the adjusted gross income from that pull-tab activity." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 307(FIN) Second Reading Amendment No. 4 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Navarre, Nicholia, Robinson, Sanders, Willis Nays: Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brown: Page 1, line 1, after "Act" (title amendment): Insert "relating to the pull-tab tax;" 1996-02-28 House Journal Page 2926 HB 307 Page 4, after line 8: Insert a new bill section to read: "* Sec. 3. AS05.15.184 is amended to read: Sec. 05.15.184. PULL-TAB TAX. A pull-tab distributor shall collect a tax of five ªTHREEß percent of an amount equal to the gross receipts less prizes awarded on each series of pull-tabs distributed. The pull-tab distributor shall pay to the department the tax collected in the preceding month at the time that the report under AS05.15.183(d) is filed with the department." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Martin objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSHB 307(FIN) Second Reading Amendment No. 5 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Long, Navarre, Nicholia, Robinson, Sanders, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams And so, Amendment No. 5 was not adopted. 1996-02-28 House Journal Page 2927 HB 307 Amendment No. 6 was offered by Representative Finkelstein: Page 4, line 19: Delete "This Act takes effect January 1, 1997" Insert "Sections 1 - 4 of this Act take effect only if Initiative 95- CFPO, relating to election campaign financing and the Alaska Public Offices Commission, is approved by the voters, or a bill that is substantially the same as the initiative is passed by the Nineteenth Alaska State Legislature and enacted into law. * Sec. 6. If secs. 1 - 4 of this Act take effect under sec. 5 of this Act, they take effect the first day of January following the voter approval or enactment described in sec.5 of this Act" Representative Finkelstein moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSHB 307(FIN) Second Reading Amendment No. 6 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 6 was not adopted. 1996-02-28 House Journal Page 2928 HB 307 Amendment No. 7 was offered by Representative Finkelstein: Page 1, line 1, following Act (title amendment): Insert prohibiting the sale of pull-tabs as a charitable gaming activity; Page 1, line 8 through page 4, line 19: Delete all references to pull-tabs. Representative Finkelstein moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Martin objected. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSHB 307(FIN) Second Reading Amendment No. 7 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, B.Davis, Elton, Finkelstein, Kott, Navarre, Nicholia, Parnell, Robinson, Sanders Nays: Austerman, Brice, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Finkelstein: Page 1, line 3, following proceeds (title amendment): Insert , other than proceeds from raffles 1996-02-28 House Journal Page 2929 HB 307 Page 4, line 8, following uses.: Insert new bill sections to read: * Sec. 3. AS 05.15.100 is amended by adding a new subsection to read: (e) The department may issue a permit to a political organization for activities conducted under AS 05.15.155. A permit issued under this subsection gives the political organization the privilege of conducting raffles but no other forms of charitable gaming. A political organization receiving a permit under this subsection must satisfy all the requirements of this chapter relating to permittees. A political organization may not hold or otherwise participate in a multiple-beneficiary permit. * Sec. 4. AS 05.15.115 is amended by adding a new subsection to read: (e) A political organization holding a permit to conduct raffles under AS 05.15.100(e) may not enter into a contract with an operator to conduct, on behalf of the political organization, the raffles permitted under the authority of the permit. Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Vezey objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSHB 307(FIN) Second Reading Amendment No. 8 YEAS: 13 NAYS: 26 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Mackie, Navarre, Nicholia, Robinson, Willis 1996-02-28 House Journal Page 2930 HB 307 Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Kubina And so, Amendment No. 8 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB 307(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall CSHB 307(FIN) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 307(FIN) Second Reading Advance to Third Reading YEAS: 24 NAYS: 12 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Bunde, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Long, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Brice, G.Davis, Kubina, Sanders And so, lacking the necessary 30 votes, CSHB 307(FIN) failed to advance and will be in third reading on tomorrows calendar. 1996-02-28 House Journal Page 2931 HB 226 The following was read the second time: HOUSE BILL NO. 226 An Act permitting the provision of different retirement and health benefits to employees based on marital status. with the: Journal Page STA RPT 4DP 1AM 808 ZERO FISCAL NOTE (ADM/ALL DEPTS) 808 HES RPT CS(HES) NT 1DP 4NR 1AM 1422 ZERO FISCAL NOTE (ADM) 3/20/95 1423 JUD RPT CS(JUD) NT 1DP 4NR 2AM 1526 ZERO FISCAL NOTE (ADM/ALL DEPTS) 3/20/95 1526 FIN RPT CS(FIN) NT 5DP 1DNP 1NR 1AM 2578 ZERO FISCAL NOTE (ADM/ALL DEPTS) 2578 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. 226(FIN) An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees. Representative Brown objected. The question being: Shall the House adopt CSHB 226(FIN)? The roll was taken with the following result: HB 226 Second Reading Adopt Finance CS YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams 1996-02-28 House Journal Page 2932 HB 226 Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis Absent: Masek And so, CSHB 226(FIN) was adopted. Amendment No. 1 was offered by Representative Kelly: Page 2, line 28: Delete "or parental status" Insert "status or parenthood" Representative Kelly 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. Amendment No. 4 was offered by Representative Brown: Page 1, lines 2 - 3 (title amendment): Delete "certain employees by differentiating between benefits provided to employees with spouses or children and to other employees" Insert "employees based on marital status except to marital or domestic partners of employees" Page 2, line 28: Delete "or parental" Page 2, line 29, through page 3, line 2: Delete all material and insert: "(1) an employer may, without violating this chapter, refuse to provide benefits to a person based on marital status unless the person 1996-02-28 House Journal Page 2933 HB 226 (A) is legally married to an employee; or (B) is the domestic partner of an employee as established under (d) of this section; and (2) a labor organization may, without violating this chapter, negotiate to preclude or may directly preclude the provision of benefit to a person based on marital status unless the person (A) is legally married to an employee; or (B) is the domestic partner of an employee as established under (d) of this section. (d) An employee may not establish a domestic partnership for purposes of this section unless both the employee and the individual with whom the domestic partnership is established are unmarried, at least 18 years of age, and mentally competent to consent to contract. (e) In this section, "domestic partner" means an individual who (1) is an employee's only domestic partner and who intends, and who is intended by the employee, to remain the employee's domestic partner indefinitely; (2) is not related to the employee by blood to a degree that would prohibit legal marriage in the state; (3) resides in the same residence as the employee and intends, and is intended by the employee, to do so indefinitely; (4) is, as established by at least five of the criteria set out in this paragraph, jointly responsible with the employee for the employee's common welfare and financial obligations and for whom the employee is jointly responsible in similar fashion; the criteria are (A) having entered into a legally binding domestic partnership agreement with the employee; (B) holding a joint deed, mortgage agreement, or lease of real property with the employee; (C) holding joint ownership of a motor vehicle with the employee; (D) having a joint bank account with the employee; (E) having a joint credit account or other joint liabilities with the employee; 1996-02-28 House Journal Page 2934 HB 226 (F) having a co-parenting agreement with the employee, having adopted a child of the employee, or being the natural parent of a child of the employee; (G) being designated by the employee as primary beneficiary on the employee's life insurance; (H) being designated by the employee as primary beneficiary of the employee's retirement benefits in case of the employee's death; (I) being designated as the primary beneficiary under the employee's will; and (J) being named by the employee under a durable health care or property power of attorney." Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kelly objected. Representative Vezey rose to a point of order, stating that debate should be confined to the amendment before the House. The Speaker stated the point was well taken. Representative Brice rose to a point of order. The Speaker cautioned the member to confine remarks to the amendment. The Speaker invoked Rule 102 of Mason's Manual. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 226(FIN) am Second Reading Amendment No. 4 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 1996-02-28 House Journal Page 2935 HB 226 Yeas: Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams And so, Amendment No. 4 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB 226(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall CSHB 226(FIN) am be advanced to third reading on the same day? The roll was taken with the following result: CSHB 226(FIN) am Second Reading Advance to Third Reading YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis And so, lacking the necessary 30 votes, CSHB 226(FIN) am failed to advance and will be in third reading on tomorrow's calendar. 1996-02-28 House Journal Page 2936 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 - Command Sergeant Major Roger L. Montgomery, United States Army By Representatives Mulder, Phillips, Barnes, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - 2nd Battalion, 297th Infantry, Alaska National Guard By Representatives Ivan, Kott, Mulder, Foster, Phillips, Davies, Willis, Barnes, Brice, B.Davis, Elton, Green, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey; Senator Hoffman Honoring - Shara Crandall, Miss America Coed 1995 By Senator Green; Representatives Kohring, Phillips, B.Davis, Elton, Foster, Grussendorf, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Heidi Elizabeth Wold By Senator Green; Representavies Phillips, B.Davis, Elton, Foster, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis UNFINISHED BUSINESS HB 32 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2746) on the following at this time: 1996-02-28 House Journal Page 2937 HB 32 CS FOR HOUSE BILL NO. 32(FIN) An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another; and providing for an effective date. and CS FOR HOUSE BILL NO. 32(FIN) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 32(FIN), thus adopting CSHB 32(FIN) am S, and recommended that the members vote no. The question being: Shall the House concur in the Senate amendment to CSHB 32(FIN)? The roll was taken with the following result: CSHB 32(FIN) am S Concur YEAS: 1 NAYS: 37 EXCUSED: 0 ABSENT: 2 Yeas: Mulder Nays: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Hanley, Nicholia And so, the House failed to concur in the Senate amendment, thus failing to adopt CSHB 32(FIN) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. 1996-02-28 House Journal Page 2938 HB 32 In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Green, Chair Representative Porter Representative Finkelstein SPECIAL ORDER OF BUSINESS SCR 26 Representative Vezey moved and asked unanimous consent that the following be taken up as a Special Order of Business at this time: SENATE CONCURRENT RESOLUTION NO. 26 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Representative Brice objected. The question being: Shall SCR 26 be taken up as a Special Order of Business at this time? The roll was taken with the following result: SCR 26 Special Order of Business Take up at this time YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, Finkelstein, Grussendorf, Kott, Navarre, Nicholia, Ogan, Parnell, Robinson Ogan changed from "Yea" to "Nay". And so, the motion passed. 1996-02-28 House Journal Page 2939 SCR 26 Representative Kott gave notice of reconsideration of his vote on the motion to take up SCR 26. RECONSIDERATION SCR 26 Representative Kott moved and asked unanimous consent that the reconsideration of the motion to take up SCR 26 as a Special Order of Business be taken up on the same day. Objection was heard. The question being: Shall the reconsideration of the motion to take up SCR 26 as a Special Order of Business be taken up on the same day? The roll was taken with the following result: SCR 26 Take up as Special Order of Business--Reconsideration Reconsideration same day YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, B.Davis, Finkelstein, Long, Navarre, Nicholia, Robinson And so, the motion passed. The question to be reconsidered: Shall SCR 26 be taken up as a Special Order of Business at this time? The roll was taken with the following result: SCR 26 Take up as Special Order of Business--Reconsideration YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 1996-02-28 House Journal Page 2940 SCR 26 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, Finkelstein, Grussendorf, Navarre, Nicholia And so, the motion passed. SPECIAL ORDER OF BUSINESS SCR 26 SCR 26 was read the second time. The following fiscal note applies: Zero fiscal note, House Rules Committee/Legislature, 2/28/96 The question being: Shall the House adopt SCR 26? The roll was taken with the following result: SCR 26 Second Reading Final Passage YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, Finkelstein, Green, Grussendorf, Navarre, Parnell, Porter And so, SCR 26 passed the House. 1996-02-28 House Journal Page 2941 SCR 26 Representative Davies gave notice of reconsideration of his vote on SCR 26. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Elton - from 6:00 p.m., March 1 to 10:04 p.m., plane time, March 5, 1996 Representative Sanders - from 6:00 p.m., March 14 to 9:30 a.m., plane time, March 18, 1996 Representative Parnell - from 6:00 a.m., March 15 to 1:45 p.m., plane time, March 17, 1996 Representative B.Davis - from 6:00 p.m., March 14 to 9:21 p.m., plane time, March 17, 1996 Representative Masek - from 12:30 p.m., March 14 to 9:25 a.m., plane time, March 18, 1996 Representative Kott - from 6:00 p.m., March 1 to 10:00 p.m., plane time, March 5, 1996 Representative Kubina - from 9:45 a.m., March 1 to 9:20 p.m., plane time, March 5, 1996 Representative Long - from 12:30 p.m., February 29 to 9:25 a.m., plane time, March 6, 1996 Representative Williams - from 6:00 a.m., March 1 to 10:05 p.m., plane time, March 5, 1996 Representative Phillips - from 6:00 a.m., March 1 to 10:00 p.m., plane time, March 5, 1996 Representative Green - from 1:30 p.m., March 1 to 10:15 p.m., plane time, March 5, 1996 1996-02-28 House Journal Page 2942 Representative Navarre - from 1:00 p.m., February 29 to 9:30 a.m., plane time, March 6, 1996 Representative Hanley objected and withdrew the objection. There being no further objection, the members were excused as noted. HSCR 1 Representative Hanley moved and asked unanimous consent that the Finance Committee referral for the following be waived: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1 Disapproving Executive Order No. 92. Representative Brown objected. The question being: Shall the Finance Committee referral for HSCR1 be waived? The roll was taken with the following result: HSCR 1 Waive from Finance Committee YEAS: 24 NAYS: 14 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Barnes, Bunde And so, the motion passed. HSCR 1 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 118 The Speaker added a referral to the Resources Committee to follow the Labor & Commerce Committee referral and precede the Finance Committee referral for: 1996-02-28 House Journal Page 2943 HB 118 HOUSE BILL NO. 118 An Act relating to seafood marketing, to the definition of `seafood' for purposes of the Alaska Seafood Marketing Institute, and to an aquatic farm product marketing tax; and providing for an effective date. HB 118 is in the Labor & Commerce Committee. HB 469 Representative Toohey moved and asked unanimous consent that the referral to the Health, Education & Social Services Committee be waived for the following: HOUSE BILL NO. 469 An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation. Representative Navarre objected and withdrew the objection. There being no further objection, the Speaker waived the Health, Education & Social Services referral for HB 469. HB 469 was removed from the Health, Education & Social Services Committee and referred to the Resources Committee. HB 307 Representative Kohring added his name as cosponsor to: 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. 1996-02-28 House Journal Page 2944 HB 383 Representative Elton added his 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 447 Representative Kohring added his 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. HB 474 Representative Kelly added his name as cosponsor to: HOUSE BILL NO. 474 An Act relating to violations of municipal ordinances and regulations; and amending the definition of the jurisdiction of the superior court and the Department of Health and Social Services over delinquent minors to add a further exclusion from that jurisdiction for a minor's violation of a municipal ordinance or regulation that is punishable as an infraction or violation, and making a related technical amendment to that jurisdictional definition. ENGROSSMENT HB 369 HB 369 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 43 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 12:57 p.m., February 27, 1996: 1996-02-28 House Journal Page 2945 HJR 43 CS FOR HOUSE JOINT RESOLUTION NO. 43(FSH) Relating to commercial fishing and subsistence use in Glacier Bay National Park. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus after session, 2/28 Majority Caucus Speaker's Chamber 7:00 a.m., 2/29 Joint Session Governor's Executive Orders 10:15 a.m., 2/29 The following meetings today have been changed as indicated: Judiciary Committee 1:00 p.m., 2/28 meeting CHANGED TO after session, 2/28 Transportation Committee 1:00 p.m., 2/28 meeting CHANGED TO 2:30 p.m., 2/28 Finance Committee 1:30 p.m., 2/28 meeting CHANGED TO 2:30 p.m., 2/28 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 29, 1996. There being no objection, the House adjourned at 2:10 p.m. Suzi Lowell Chief Clerk