Legislature(1995 - 1996)

1996-03-13 House Journal

Full Journal pdf

1996-03-13                     House Journal                      Page 3105
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            March 13, 1996         
                                                                               
                               Sixty-sixth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:20 a.m.                                                         
                                                                               
                                                                               
Roll call showed 32 members present.  Representative Nicholia had              
been previously excused from a call of the House today.                        
Representative B.Davis was excused due to an emergency.                        
Representatives Davies, Finkelstein, Hanley, Kott, Kubina and                  
Therriault were absent and their presence was noted later.                     
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Skip Walker of the          
Evangel Assembly of God.  Representative Martin moved and asked                
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Our Gracious Heavenly Father,                                                 
                                                                               
Today we once again seek Your blessing upon this                              
Legislature.  Complex issues abound and easy answers are not                   
always at hand.  Our decisions are hard on some but may                        
benefit others.  Let us be reminded about Your grace and                       
mercy as we reason together.  Let us extend that same grace                    
and mercy to those whom we serve and represent.  As their                      
representatives, let us know and feel their needs in our minds                 
as well as our hearts.  Amen.                                                  
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Porter.                     
                                                                               

1996-03-13                     House Journal                      Page 3106
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 65th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
SB 6                                                                         
A message dated March 12, 1996, was read stating the Senate has                
failed to concur in the House amendment to SB 6 am, namely:                    
                                                                               
HOUSE CS FOR SENATE BILL NO. 6(CRA)                                           
An Act relating to suspension of a driver's license for failure to            
appear in court or failure to pay a fine; relating to court and                
collection costs for traffic offenses; and relating to citations and           
court procedures for municipal traffic and parking offenses.                   
                                                                               
and respectfully requests the House to recede from its amendment.              
                                                                               
In the event the House fails to recede, the President appointed the            
following members to a Conference Committee to meet with a like                
committee from the House to consider the bills:                                
                                                                               
Senator Taylor, Chair                                                          
Senator Donley                                                                 
Senator Halford                                                                
                                                                               
HCS SB 6(CRA) is under Unfinished Business.                                    
                                                                               
                                                                               
A message dated March 12, 1996, was read stating the Senate has                
passed the following, and they are transmitted for consideration:              
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 134                                                                       
SENATE BILL NO. 134 am by Senators Kelly, Halford, Pearce,                     
Leman, Taylor, Rieger and Phillips, entitled:                                  

1996-03-13                     House Journal                      Page 3107
SB 134                                                                       
An Act establishing an endowment for the Robert B. Atwood                     
journalism chair at the University of Alaska Anchorage; and                    
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
SB 194                                                                       
CS FOR SENATE BILL NO. 194(JUD) by the Senate Judiciary                        
Committee, entitled:                                                           
                                                                               
An Act relating to offenses associated with criminal street gangs,            
and to sentencing for those offenses; relating to the offenses of              
murder in the second degree, an unclassified felony, misconduct                
involving weapons in the first degree, a class A felony, and                   
misconduct involving weapons in the third degree, a class C                    
felony; and amending Rule 702(a), Alaska Rules of Evidence; and                
providing for an effective date.                                               
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
**The presence of Representatives Therriault and Kott was noted.          oted 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 62                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 62                                                 
Requesting the federal government to purchase surplus 1995                    
Alaska canned pink salmon.                                                     
                                                                               
The report was signed by Representative Williams, Co-chair, with the           
following individual recommendations:                                          
                                                                               
Do pass (7):  Davies, Long, Williams, Green, Austerman, Kott, Ogan             
                                                                               
The following fiscal note applies:                                             

1996-03-13                     House Journal                      Page 3108
HJR 62                                                                       
Zero fiscal note, House Resources Committee, 3/13/96                           
                                                                               
HJR 62 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 93                                                                        
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 93                                                             
An Act relating to the duty-free mealtime for teachers in certain             
school facilities.                                                             
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2): Toohey, Vezey                                                     
                                                                               
Do not pass (3): Bunde, Robinson, Brice                                        
                                                                               
No recommendation (2): G.Davis, Rokeberg                                       
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Education, 3/13/96                                  
                                                                               
HB 93 was referred to the Finance Committee.                                   
                                                                               
HB 348                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 348                                                            
An Act requiring that all official interviews with children who are           
alleged to have been abused or neglected be videotaped or                      
audiotaped.                                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 348(STA)                                                
An Act establishing the interagency work group on agency                      
accountability and child interview methods.                                    

1996-03-13                     House Journal                      Page 3109
HB 348                                                                       
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  James, Porter, Robinson                                          
                                                                               
No recommendation (2):  Green, Ivan                                            
                                                                               
The following fiscal notes apply to CSHB 348(STA):                             
                                                                               
Zero fiscal note, Dept. of Health & Social Services, 3/13/96                   
Zero fiscal note, Dept. of Public Safety, 3/13/96                              
                                                                               
HB 348 was referred to the Health, Education & Social Services                 
Committee.                                                                     
                                                                               
                                                                               
HB 474                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
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 minors 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.                                                                    
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4): Rokeberg, Bunde, Toohey, Vezey                                    
                                                                               
No recommendation (1): Brice                                                   
                                                                               
Amend (2): G.Davis, Robinson                                                   
                                                                               
The following fiscal notes apply:                                              
                                                                               

1996-03-13                     House Journal                      Page 3110
HB 474                                                                       
Zero fiscal note, Dept. of Health & Social Services, 3/8/96                    
Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/96                
Zero fiscal note, Dept. of Public Safety, 3/8/96                               
                                                                               
HB 474 was referred to the Judiciary Committee.                                
                                                                               
HB 511                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 511                                                            
An Act relating to deposits into the fish and game fund.                      
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2): Williams, Austerman                                               
                                                                               
Do not pass (1): Long                                                          
                                                                               
No recommendation (4): Davies, Barnes, Kott, Green                             
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Law, 3/13/96                                             
Fiscal note, Dept. of Fish & Game, 3/13/96                                     
Zero fiscal note, Dept. of Public Safety, 3/13/96                              
                                                                               
HB 511 was referred to the Finance Committee.                                  
                                                                               
**The presence of Representatives Davies and Kubina was noted.            ed.  
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 388                                                                       
The House Special Committee on Oil & Gas has considered:                       
                                                                               
HOUSE BILL NO. 388                                                            
An Act revising laws relating to oil and gas leasing to authorize             
a program of areawide leasing.                                                 

1996-03-13                     House Journal                      Page 3111
HB 388                                                                       
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 388(O&G)                                                
An Act revising laws relating to oil and gas leasing as related to            
land previously the subject of a written best interest finding;                
amending provisions setting out exceptions to sales, leases, or                
other disposals for which a revised written best interest finding is           
not required; authorizing annual offer of land for oil and gas leases          
if the land, or adjacent land, was the subject of a best interest              
finding and if preparation of a supplement to the best interest                
finding for that land is not justified; and modifying the statement            
of purpose in the Alaska Land Act as it applies to oil and gas                 
leasing.                                                                       
                                                                               
                                                                               
The report was signed by Representative Rokeberg, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Rokeberg, Ogan                                                   
                                                                               
No recommendation (4):  Brice, G.Davis, Finkelstein, Williams                  
                                                                               
The following fiscal note applies to CSHB 388(O&G):                            
                                                                               
Fiscal note, Dept. of Natural Resources, 3/13/96                               
                                                                               
HB 388 was referred to the Resources Committee.                                
                                                                               
                                                                               
HB 390                                                                       
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE BILL NO. 390                                                            
An Act relating to the nonresident anadromous king salmon tag                 
and the anadromous king salmon stamp; requiring nonresident                    
alien sport fishermen to be accompanied by a sport fishing guide;              
and providing for an effective date.                                           
                                                                               
and recommends it be replaced with:                                            
                                                                               

1996-03-13                     House Journal                      Page 3112
HB 390                                                                       
CS FOR HOUSE BILL NO. 390(FSH)                                                
An Act relating to the nonresident anadromous king salmon tag                 
and the anadromous king salmon stamp; and providing for an                     
effective date.                                                                
                                                                               
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (2):  Moses, Elton                                                     
                                                                               
No recommendation (3):  G.Davis, Ogan, Austerman                               
                                                                               
A House Special Committee on Fisheries letter of intent for                    
CSHB390(FSH), signed by Representative Austerman, Chair, appears               
below:                                                                         
                                                                               
Due to the nature of the contents of this legislation, the House Special       
Committee on Fisheries respectfully requests that CSHB 390(FSH) be             
heard in the House Resources Committee rather than the Judiciary               
Committee, the appointed committee of referral.                                
                                                                               
The following fiscal note applies to CSHB 390(FSH):                            
                                                                               
Fiscal note, Dept. of Fish & Game, 3/13/96                                     
                                                                               
HB 390 was referred to the Judiciary Committee.                                
                                                                               
HB 538                                                                       
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE BILL NO. 538                                                            
An Act relating to the establishment of a moratorium for vessels              
participating in the Bering Sea Korean hair crab fishery; relating             
to a vessel permit limited entry system; and providing for an                  
effective date.                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 538(FSH)                                                
(same title)                                                                  

1996-03-13                     House Journal                      Page 3113
HB 538                                                                       
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (2):  Austerman, Elton                                                 
                                                                               
No recommendation (3):  G.Davis, Ogan, Moses                                   
                                                                               
The following fiscal note applies to CSHB 538(FSH):                            
                                                                               
Zero fiscal note, Dept. of Fish & Game, 3/13/96                                
                                                                               
HB 538 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - The Alaska Folk Festival, Governor's Award for the Arts             
By Representatives Elton, Robinson; Senator Duncan                             
                                                                               
In Memoriam - Dagmar White                                                     
By Senator Zharoff; Representative Austerman                                   
                                                                               
In Memoriam - Katie Ellanak                                                    
By Senator Zharoff; Representative Austerman                                   
                                                                               
In Remembrance - Bird House Bar                                                
By Representative Toohey                                                       
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF HOUSE RESOLUTIONS                             
                                                                               
HR 13                                                                        
HOUSE RESOLUTION NO. 13 by the House Resources Committee:                      
                                                                               
Relating to the rules of the Iditarod Trail Committee concerning              
the deaths of dogs that occur during the running of the Iditarod               
Dog Sled Race.                                                                 

1996-03-13                     House Journal                      Page 3114
HR 13                                                                        
was read the first time and referred to the Resources Committee.               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 542                                                                       
HOUSE BILL NO. 542 by the House Community & Regional Affairs                   
Committee, entitled:                                                           
                                                                               
An Act relating to participation in matters before the Board of               
Fisheries by members of the board.                                             
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 60                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 60                                                             
An Act relating to impairment rating guides used in evaluation of             
certain workers' compensation claims.                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  4DP 3NR                                                  888         
	2 ZERO FISCAL NOTES (LABOR, ADM)                                  889         
	HES RPT  CS(HES) 3DP 2NR                                         2788         
	2 ZERO FISCAL NOTES (LABOR, ADM)                                 2789         
	FIN REFERRAL WAIVED                                              2845         
                                                                               
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. 60(HES)                                                 
(same title)                                                                  
                                                                               

1996-03-13                     House Journal                      Page 3115
HB 60                                                                        
There being no objection, it was so ordered.                                   
                                                                               
The Speaker stated that CSHB 60(HES) will be in third reading on               
tomorrow's calendar.                                                           
                                                                               
HB 428                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 428                                                            
An Act giving notice of and approving a lease-purchase                        
agreement for construction and operation of a correctional facility            
in the Third Judicial District, and setting conditions and limitations         
on the facility's construction and operation.                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) NT 3DP 2DNP 1NR                                 2625         
	3 FISCAL NOTES (DOT, COR, ADM)                                   2626         
	ZERO FISCAL NOTE (REV)                                           2626         
	FIN RPT  CS(FIN) NT 4DP 3DNP 2NR                                 2958         
	FISCAL NOTE (COR)                                                2959         
	ZERO FISCAL NOTE (REV) 2/5/96                                    2959         
                                                                               
**The presence of Representatives Finkelstein and Hanley was noted.            
                                                                               
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. 428(FIN)                                                
An Act relating to the authority of the Department of Corrections             
to contract for facilities for the confinement and care of prisoners,          
and annulling a regulation of the Department of Corrections that               
limits the purposes for which an agreement with a private agency               
may be entered into; and giving notice of and approving a lease-               
purchase agreement for the design, construction, and operation of              
a correctional facility in the Third Judicial District, and setting            
conditions and limitations on the facility's design, construction,             
and operation.                                                                 
                                                                               
There being no objection, it was so ordered.                                   

1996-03-13                     House Journal                      Page 3116
HB 428                                                                       
Amendment No. 1 was offered by Representative Therriault:                      
                                                                               
Page 1, line 6 (title amendment):                                              
	Delete "in the Third Judicial District"                                     
                                                                               
Page 3, line 5:                                                                
	Delete "in the Third Judicial District"                                       
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered, and the new title appears below:                                      
                                                                               
CS FOR HOUSE BILL NO. 428(FIN) am                                             
An Act relating to the authority of the Department of Corrections             
to contract for facilities for the confinement and care of prisoners,          
and annulling a regulation of the Department of Corrections that               
limits the purposes for which an agreement with a private agency               
may be entered into; and giving notice of and approving a lease-               
purchase agreement for the design, construction, and operation of              
a correctional facility, and setting conditions and limitations on the         
facilitys design, construction, and operation.                                 
                                                                               
                                                                               
Amendment No. 2 was offered by Representative Mulder:                          
                                                                               
Page 3, lines 3 - 4:                                                           
	Delete "with a private third-party contractor"                                
                                                                               
Page 3, line 7, following "(b)":                                               
	Insert "and (c)"                                                              
                                                                               
Page 3, following line 27:                                                     
	Insert a new subsection to read:                                              
	"(c)  The lease-purchase agreement entered into under this section            
shall provide for                                                              
		(1)  an agreement under which the correctional facility is                   
designed, constructed, and, except for services to prisoners described         
in (2) of this subsection, operated by a private third-party contractor;       
the agreement described in this subsection is made for the purpose of          
                                                                               

1996-03-13                     House Journal                      Page 3117
HB 428                                                                       
acquiring, improving, and maintaining the correctional facility structure      
under  AS36.30.085(b), and is exclusive of one or more contracts for           
the custody, care, and discipline of prisoners housed in the facility as       
may be authorized by AS33.30.031(a)(1) and (3);                                
                                                                               
		(2)  an agreement, separate from the agreement described in                  
(1) of this subsection, under which a private third-party contractor or        
agency operates the facility by providing for custody, care, and               
discipline services for persons held by the commissioner of corrections        
under authority of state law; the operating agreement described in this        
paragraph shall                                                                
		(A)  for its initial period, not to exceed five years, be                   
entered into with a private third-party contractor that is the same            
person as the third-party contractor described in (1) of this                  
subsection; and                                                                
		(B)  for the duration of the period of the lease-purchase                   
agreement, be rebid or reoffered at intervals of not more than five            
years and may be entered into with a contractor or agency other                
than the person described in (A) of this paragraph."                           
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Brown objected.                                                 
                                                                               
                                                                               
Amendment to Amendment No. 2 was offered by Representative                     
Brown:                                                                         
                                                                               
Under Page 3, following line 27 of the amendment:                              
	Delete "(c)  The lease-purchase agreement entered into under this             
section shall provide for                                                      
		(1)  an agreement under which the correctional facility is                   
designed, constructed, and, except for services to prisoners described         
in (2) of this subsection, operated by a private third-party contractor;       
the agreement described in this subsection is made for the purpose of          
acquiring, improving, and maintaining the correctional facility structure      
                                                                               

1996-03-13                     House Journal                      Page 3118
HB 428                                                                       
under  AS36.30.085(b), and is exclusive of one or more contracts for           
the custody, care, and discipline of prisoners housed in the facility as       
may be authorized by AS33.30.031(a)(1) and (3);                                
		(2)  an agreement, separate from the agreement described in                  
(1) of this subsection, under which a private third-party contractor or        
agency operates the facility by providing for custody, care, and               
discipline services for persons held by the commissioner of corrections        
under authority of state law; the operating agreement described in this        
paragraph shall                                                                
                                                                               
		(A)  for its initial period, not to exceed five years, be                   
entered into with a private third-party contractor that is the same            
person as the third-party contractor described in (1) of this                  
subsection; and                                                                
		(B)  for the duration of the period of the lease-purchase                   
agreement, be rebid or reoffered at intervals of not more than five            
years and may be entered into with a contractor or agency other                
than the person described in (A) of this paragraph."                           
                                                                               
	Insert "(c)  The lease-purchase agreement entered into under this             
section must provide for                                                       
		(1)  an agreement under which the correctional facility is                   
designed and  constructed by a private third-party contractor; the             
agreement described in this subsection is made for the purpose of              
acquiring the correctional facility within the meaning of                      
AS36.30.085(b), and is exclusive of one or more contracts for the              
custody, care, and discipline of prisoners housed in the facility as may       
be authorized by AS33.30.031(a)(1) and (3);                                    
		(2)  an agreement, separate from the agreement described in                  
(1) of this subsection, under which a private third-party contractor or        
agency operates the facility by providing for the custody, care, and           
disciplinary services for persons held by the commissioner under               
authority of state law, and maintains the correctional facility; the           
operating agreement described in this paragraph shall be rebid or              
reoffered at intervals of not more than five years."                           
                                                                               
Representative Brown moved and asked unanimous consent that the                
amendment to Amendment No. 2 be adopted.                                       
                                                                               
Representative Mulder objected.                                                

1996-03-13                     House Journal                      Page 3119
HB 428                                                                       
The question being:  Shall the amendment to Amendment No. 2 be                 
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment to Amendment No. 2                                                   
                                                                               
YEAS:  12   NAYS:  24   EXCUSED:  2   ABSENT:  2                             
                                                                               
Yeas:  Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina,          
Long, Mackie, Navarre, Robinson, Willis                                        
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Parnell,             
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams                                                                       
                                                                               
Excused:  B.Davis, Nicholia                                                    
                                                                               
Absent:  Masek, Ogan                                                           
                                                                               
And so, the amendment to Amendment No. 2 was not adopted.                      
                                                                               
Representative Toohey placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
Objection to Amendment No. 2 was withdrawn.  There being no                    
further objection, Amendment No. 2 was adopted.                                
                                                                               
                                                                               
Amendment No. 3 was offered by Representative Mulder:                          
                                                                               
Page 3, line 22, following "capacity;":                                        
	Insert a new paragraph to read:                                               
		"(3)  may not be constructed for operation by a third-party                  
contractor under the authority given in this Act unless, before                
commencing construction planning, the commissioner of corrections              
first evaluates the proposed facility and the evaluation demonstrates          
that operation of the correctional facility described in (a) of this section   
will achieve a saving to the state of at least 10 percent when compared        
                                                                               

1996-03-13                     House Journal                      Page 3120
HB 428                                                                       
to the estimated average cost per day to operate all state correctional        
facilities by the Department of Corrections; for purposes of this              
paragraph, the estimated average cost per day to operate all state             
correctional facilities is the amount determined under the formula in          
use on the effective date of this Act by which the Department of               
Corrections computes and determines the average daily rate at which            
to invoice the United States government for the care and custody of a          
federal prisoner held in a state correctional facility;"                       
                                                                               
Renumber the following paragraph accordingly.                                  
                                                                               
Representative Mulder moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Brown objected.                                                 
                                                                               
Amendment to Amendment No. 3 was offered by Representative                     
Brown:                                                                         
                                                                               
Under paragraph (3) of the amendment, following operation by:                  
	Delete "a third-party contractor under the authority given in this            
Act unless, before commencing construction planning, the                       
commissioner of corrections first evaluates the proposed facility and          
the evaluation demonstrates that operation of the correctional facility        
described in (a) of this section will achieve a saving to the state of at      
least 10 percent when compared to the estimated average cost per day           
to operate all state correctional facilities by the Department of              
Corrections; for purposes of this paragraph, the estimated average cost        
per day to operate all state correctional facilities is the amount             
determined under the formula in use on the effective date of this Act          
by which the Department of Corrections computes and determines the             
average daily rate at which to invoice the United States government for        
the care and custody of a federal prisoner held in a state correctional        
facility;"                                                                     
	Insert "a contractor under the authority given in this Act unless,            
before the commissioner of administration enters into a contract for           
operation of a facility under the authority given in this section, the         
contractor convincingly demonstrates to the commissioner of                    
corrections that the contractor can                                            
		(A)  operate the facility and provide the services required                 
by this section and in the proposed contract; and                              

1996-03-13                     House Journal                      Page 3121
HB 428                                                                       
		(B)  realize at least a five percent savings over the                       
projected cost to the state if the state were to operate the facility          
and provide the service."                                                      
                                                                               
Representative Brown moved and asked unanimous consent that the                
amendment to Amendment No. 3 be adopted.                                       
                                                                               
Representative Mulder objected.                                                
                                                                               
The Speaker invoked Section 102 of Masons Manual.                              
                                                                               
The question being:  Shall the amendment to Amendment No. 3 be                 
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment to Amendment No. 3                                                   
                                                                               
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Bunde, Davies, Elton, Finkelstein, Grussendorf,           
Kott, Kubina, Long, Mackie, Masek, Navarre, Robinson, Willis                   
                                                                               
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Martin, Moses, Mulder, Ogan, Parnell, Phillips,         
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Excused:  B.Davis, Nicholia                                                    
                                                                               
Masek changed from "Nay" to "Yea".                                             
                                                                               
                                                                               
And so, the amendment to Amendment No. 3 was not adopted.                      
                                                                               
                                                                               
Representative Mulder moved and asked unanimous consent to                     
withdraw Amendment No. 3.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
                                                                               
Representative Brown placed a call of the House and lifted the call.           
                                                                               

1996-03-13                     House Journal                      Page 3122
HB 428                                                                       
Amendment No. 4 was offered by Representative Brice:                           
                                                                               
Page 3, line 7, after "of (b)":                                                
	Insert "and (c)"                                                              
                                                                               
Page 3, following line 27:                                                     
	Insert a new subsection to read:                                              
	"(c)  In the evaluation of a bid submitted to construct and operate           
the correctional facility described in this section, the Department of         
Administration may give preference to a bid that pledges to employ             
only state residents."                                                         
                                                                               
Reletter the following subsections accordingly.                                
                                                                               
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Barnes objected.                                                
                                                                               
                                                                               
Amendment to Amendment No. 4 was offered by Representative                     
Davies:                                                                        
                                                                               
Under subsection (c) of the amendment, following Administration                
may:                                                                           
Delete give preference to                                                     
Insert provide incentive to the maker of                                      
                                                                               
and following to employ:                                                       
Delete only                                                                   
                                                                               
and following residents:                                                       
Insert as far as practicable                                                  
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that the               
amendment to Amendment No. 4 be adopted.                                       
                                                                               
                                                                               
Representative Martin objected.                                                

1996-03-13                     House Journal                      Page 3123
HB 428                                                                       
The question being:  Shall the amendment to Amendment No. 4 be                 
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment to Amendment No. 4                                                   
                                                                               
                                                                               
YEAS:  33   NAYS:  5   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis,                
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kott, Kubina, Long, Mackie, Masek, Moses, Navarre, Parnell,             
Phillips, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey,              
Williams, Willis                                                               
                                                                               
Nays:  Kohring, Martin, Mulder, Ogan, Porter                                   
                                                                               
Excused:  B.Davis, Nicholia                                                    
                                                                               
Barnes changed from "Nay" to "Yea".                                            
Toohey changed from "Nay" to "Yea".                                            
Ivan changed from "Nay" to "Yea".                                              
Therriault changed from "Nay" to "Yea".                                        
Parnell changed from "Nay" to "Yea".                                           
Bunde changed from "Nay" to "Yea".                                             
Kott changed from "Nay" to "Yea".                                              
                                                                               
And so, the amendment to Amendment No. 4 was adopted.                          
                                                                               
The question being:  Shall Amendment No. 4 as amended be                       
adopted?  The roll was taken with the following result:                        
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 4 as amended                                                     
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Brice, Brown, Davies, Elton, Finkelstein, Green,             
Grussendorf, James, Kelly, Kott, Kubina, Long, Mackie, Masek,                  
Moses, Navarre, Robinson, Sanders, Therriault, Vezey, Williams,                
Willis                                                                         

1996-03-13                     House Journal                      Page 3124
HB 428                                                                       
Nays:  Barnes, Bunde, G.Davis, Foster, Hanley, Ivan, Kohring, Martin,          
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey                      
                                                                               
Excused:  B.Davis, Nicholia                                                    
                                                                               
Ivan changed from "Yea" to "Nay".                                              
                                                                               
And so, Amendment No. 4 as amended was adopted.                                
                                                                               
                                                                               
Amendment No. 5 was offered by Representative Finkelstein:                     
                                                                               
Page 1, line 1 to page 4, line 24:                                             
                                                                               
Delete all material                                                           
                                                                               
	Insert  "An Act providing for the issuance of general obligation             
bonds in the amount of $148,500,000 for the purpose of paying the              
cost of design and construction of state correctional facilities; and          
providing for an effective date.                                               
                                                                              
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                               
ALASKA:                                                                        
                                                                               
	* Section 1.  For the purpose of paying the cost of design and              
construction of correctional facilities of the state, general obligation       
bonds of the state in the principal amount of not more than                    
$148,500,000 shall be issued and sold.  The full faith, credit, and            
resources of the state are pledged to the payment of the principal of          
and interest and redemption premium, if any, on the bonds.  The bonds          
shall be issued under the provisions of AS37.15 as those provisions            
read at the time of issuance.                                                  
	* Sec. 2.  If the issuance of the bonds is authorized by the                
qualified voters of the state, a special fund of the state to be known as      
the State Correctional Facility Construction Fund shall be                     
established, to which shall be credited the proceeds of the sale of the        
bonds described in sec.1 of this Act except for the accrued interest and       
premiums.                                                                      
	* Sec. 3.  The amount of $148,500,000 is appropriated from the              
"State Correctional Facility Construction Fund" to the Department of           
Transportation  and  Public  Facilities  to  be  allocated  among  the         

1996-03-13                     House Journal                      Page 3125
HB 428                                                                       
following projects in the amounts listed, which include the cost of            
issuance of the bonds, subject to reallocation between projects in             
accordance with AS37.07.080(e):                                                
	(1)Palmer Correctional Center                           $ 13,050,000         
	(2)Hiland Mountain (Eagle River)                                             
Correctional Center								                                1,000,000         
	(3)Yukon-Kuskokwim (Bethel)                                                  
Correctional Center								                                5,000,000         
	(4)Mat-Su Pretrial (Palmer)                                                  
Correctional Center								                                6,000,000         
	(5)Fairbanks Correctional Facility				                    10,250,000         
	(6)Anchorage Criminal Justice Facility			                 60,000,000         
	(7)North Slope Borough (Barrow)                                              
Correctional Facility		                                   15,000,000         
	(8)Lemon Creek (Juneau)                                                      
Correctional Center			                                     9,000,000         
	(9)  Wildwood (Kenai) Correctional Center		                29,200,000         
                                                                               
	* Sec. 4.  If the issuance of the bonds is authorized by the                
qualified voters of the state, the cost of issuance of the bonds, included     
in the amount appropropriated by sec. 3 of this Act, may be paid by            
means of a net transaction by which the trustee of the bonds shall             
retain a part of the bond proceeds for this purpose.                           
	* Sec. 5.  The amount withdrawn from the public facility planning           
fund for the purpose of advance planning for the improvements                  
financed under this Act shall be reimbursed to the fund from the               
proceeds of the sale of bonds authorized by this Act.                          
	* Sec. 6.  The unexpended and unobligated balance of the                    
appropriation made in sec. 3 of this Act lapses under AS37.25.020              
and is appropriated to the state bond committee to redeem bonds sold           
under the Act or to pay rebatable arbitrage if necessary.  The amounts         
expended from the general fund to pay the principal, interest, and             
redemption premium on bonds issued under this Act shall be                     
reimbursed to the general fund from the appropriation made under this          
section to the extent that the money is not needed to redeem the bonds.        
	* Sec. 7.  The question whether the bonds authorized in this Act            
are to be issued shall be submitted to the qualified voters of the state       
at the next general election and shall read substantially as follows:          
                                  PROPOSITION                                  
State General Obligation Correctional Facility                               
Design and Construction Bonds 	$148,500,000                                  

1996-03-13                     House Journal                      Page 3126
HB 428                                                                       
Shall the State of Alaska issue its general obligation bonds in the           
principal amount of not more than $148,500,000 for the purpose                 
of paying the cost of design and construction of state correctional            
facilities?  The annual operating cost of the facilities is estimated          
at $28,783,600.  Between 1997 and 2013 the average annual debt                 
service for bonds is estimated at $13,423,000.                                 
		Bonds		Yes	ª ß                                                             
		Bonds		Noª ß                                                             
	* Sec. 8.  This Act takes effect immediately under                          
AS01.10.070(c).                                                                
                                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 5 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  Shall Amendment No. 5 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  11   NAYS:  21   EXCUSED:  2   ABSENT:  6                             
                                                                               
                                                                               
Yeas:  Austerman, Brown, Davies, Elton, Finkelstein, Grussendorf,              
Kubina, Long, Navarre, Robinson, Willis                                        
                                                                               
Nays:  Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly,             
Kohring, Kott, Mackie, Mulder, Ogan, Parnell, Phillips, Porter,                
Rokeberg, Therriault, Toohey, Vezey, Williams                                  
                                                                               
Excused:  B.Davis, Nicholia                                                    
                                                                               
Absent:  Brice, Bunde, Martin, Masek, Moses, Sanders                           
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               

1996-03-13                     House Journal                      Page 3127
The Speaker stated that, without objection, the House would recess             
until 6:30 p.m.; and so, the House recessed at 12:44 p.m.                      
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 6:41 p.m.  The presence of               
Representative B.Davis, who had been previously excused, was noted.            
                                                                               
Representative Brown placed a call of the House.                               
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 428                                                                       
Amendment No. 6 was offered by Representative Finkelstein:                     
                                                                               
Page 1, line 1, following Act through page 4, line 24:                       
Delete all material                                                           
                                                                               
	Insert requiring the Department of Corrections to consider a                 
lease-purchase option for the construction and operation of a                  
correctional facility or facilities.                                          
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF                              
ALASKA:                                                                        
                                                                              
	* Section 1.  The Department of Corrections shall consider a                
lease-purchase option for the construction and operation of a new              
correctional facility or facilities in order to relieve overcrowding of        
existing correctional facilities.  In considering this option, the             
department shall analyze                                                       
(a) financing options;                                                       
(b) construction and operating costs;                                        
		(c) the department's overall strategy dealing with infrastructure            
and capital needs of existing facilities;                                      
		(d) the affect a new facility would have on prison populations               
in various geographic regions of the state; and                                
		(e) the impact on health and safety of corrections' staff and                
prisoners.                                                                     

1996-03-13                     House Journal                      Page 3128
HB 428                                                                       
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 6 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  12   NAYS:  27   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Robinson, Willis                                      
                                                                               
Nays:  Austerman, Barnes, 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                                                        
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 7 was offered by Representative Brown:                           
                                                                               
                                                                               
Page 3, line 27, after "contractor":                                           
	Insert "; for purposes of this subparagraph, the state is unable to           
contract when                                                                  
		(i)  there are no responses to an invitation to bid,                       
request for proposals, or other procurement notice for the                     
facility's operation;                                                          
		(ii)  there are no responsive bids received in response                    
to an invitation to bid for the facility's operation; or                       
		(iii)  the commissioner of corrections determines, for                     
reasonable cause, that it is not in the best interests of the state            
to have the facility operated by a third-party under contract."                

1996-03-13                     House Journal                      Page 3129
HB 428                                                                       
Representative Brown moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 7 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
James, Kubina, Long, Mackie, Navarre, Robinson, Willis                         
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,                
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered by Representative Brown:                           
                                                                               
Page 3, line 23, following "except":                                           
	Delete "temporarily"                                                          
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 8 be adopted.                                                    
                                                                               
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
The question being:  Shall Amendment No. 8 be adopted?  The roll               
was taken with the following result:                                           

1996-03-13                     House Journal                      Page 3130
HB 428                                                                       
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Robinson, Willis                                
                                                                               
Nays:  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                                                                
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered by Representative Brown:                           
                                                                               
                                                                               
Page 3, line 12:                                                               
Delete anticipated                                                            
                                                                               
                                                                               
Page 3, line 13, following total:                                              
Insert , and must not exceed annual appropriations for that                   
purpose                                                                        
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 9 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
Representative Brown moved and asked unanimous consent to                      
withdraw Amendment No. 9.  There being no objection, it was so                 
ordered.                                                                       
                                                                               

1996-03-13                     House Journal                      Page 3131
HB 428                                                                       
Amendment No. 10 was offered by Representative Brown:                          
                                                                               
Page 3, line 4:                                                                
	Delete "private"                                                              
                                                                               
Page 3, line 24:                                                               
	Delete "private"                                                              
                                                                               
Page 3, line 27:                                                               
	Delete "private"                                                              
                                                                               
Page 4, line 22:                                                               
	Delete "private"                                                              
	Insert "municipality or by a"                                                 
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 10 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 10 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 10                                                               
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Robinson, Willis                                
                                                                               
                                                                               
Nays:  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                                                                
                                                                               
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 10 was not adopted.                                      

1996-03-13                     House Journal                      Page 3132
HB 428                                                                       
Amendment No. 11 was offered by Representative Brown:                          
                                                                               
Page 2, lines 24-27:                                                           
Delete ; and                                                              
	(C) may not be administratively restricted or limited by the               
commissioner to use only for prisoners involved in certain                     
rehabilitative or treatment programs authorized by law.                      
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 11 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
Representative Brown moved and asked unanimous consent to                      
withdraw Amendment No. 11.  There being no objection, it was so                
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 12 was offered by Representative Brown:                          
                                                                               
Page 4, lines 21-23:                                                           
Delete section 4 in its entirety                                              
                                                                               
Renumber the following sections accordingly.                                   
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 12 be adopted.                                                   
                                                                               
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 12 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 12                                                               
                                                                               
YEAS:  16   NAYS:  23   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein,               
Grussendorf, Kubina, Long, Mackie, Navarre, Phillips, Robinson,                
Williams, Willis                                                               

1996-03-13                     House Journal                      Page 3133
HB 428                                                                       
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,               
Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey                  
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 12 was not adopted.                                      
                                                                               
                                                                               
Amendment No. 13 was offered by Representative Brice:                          
                                                                               
Page 1, line 6, following facility (title amendment):                        
Insert in the Fourth Judicial District                                      
                                                                               
Page 3, line 5, following facility:                                            
Insert in the Fourth Judicial District                                        
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 13 be adopted.                                                   
                                                                               
Representative Vezey objected.                                                 
                                                                               
Representative Brice moved and asked unanimous consent to withdraw             
Amendment No. 13.  There being no objection, it was so ordered.                
                                                                               
Amendment No. 14 was not offered.                                              
                                                                               
Amendment No. 15 was offered by Representative Brice:                          
                                                                               
Page 3, line 22, following ";":                                                
	Delete "and"                                                                  
                                                                               
Page 3, line 27, following "contractor":                                       
	Insert "; and                                                                 
		(4)  may not be constructed unless a significant proportion, if              
not all of  the contractor's employees who will operate the facility will      
be covered by the provisions of a collective bargaining agreement"             
                                                                               
Representative Brice moved and asked unanimous consent that                    
Amendment No. 15 be adopted.                                                   
                                                                               

1996-03-13                     House Journal                      Page 3134
HB 428                                                                       
Representative Mulder objected.                                                
                                                                               
The question being:  Shall Amendment No. 15 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 428(FIN) am                                                               
Second Reading                                                                 
Amendment No. 15                                                               
                                                                               
YEAS:  14   NAYS:  25   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Robinson, Sanders, Williams, Willis                   
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses,                 
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey,         
Vezey                                                                          
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, Amendment No. 15 was not adopted.                                      
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB428(FIN) am be considered engrossed, advanced to third                     
reading and placed on final passage.                                           
                                                                               
Representative Brown objected.                                                 
                                                                               
The Speaker stated that CSHB 428(FIN) am would be in third reading             
on tomorrows calendar.                                                         
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 59                                                                       
The following was read the second time:                                        
                                                                               
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                

1996-03-13                     House Journal                      Page 3135
HJR 59                                                                       
identified in the Agency's draft permit and, consistent with the              
philosophy of the Agency's 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.                                           
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	RES RPT  CS(RES) NT 6DP                                          2903         
	ZERO FISCAL NOTE (H.RES/LEG)                                     2903         
                                                                               
	                                                                              
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
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 Agency's draft permit and, consistent with the               
philosophy of the Agency's 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.                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHJR 59(RES) be considered engrossed, advanced to third reading               
and placed on final passage.                                                   
                                                                               
                                                                               
Representative Kubina objected.                                                
                                                                               

1996-03-13                     House Journal                      Page 3136
HJR 59                                                                       
The question being:  Shall CSHJR 59(RES) advance to third reading              
on the same day?  The roll was taken with the following result:                
                                                                               
CSHJR 59(RES)                                                                  
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  27   NAYS:  11   EXCUSED:  1   ABSENT:  1                             
                                                                               
                                                                               
Yeas:  Austerman, Barnes, 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                                                        
                                                                               
                                                                               
Nays:  Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,                
Kubina, Mackie, Navarre, Robinson, Willis                                      
                                                                               
Excused:  Nicholia                                                             
                                                                               
Absent:  Brice                                                                 
                                                                               
                                                                               
And so, lacking the necessary 30 votes, CSHJR 59(RES) failed to                
advance and will be in third reading on tomorrow's calendar.                   
                                                                               
                                                                               
                            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 - Alaska Wing, Civil Air Patrol                                       
By Representatives Masek, Phillips, Austerman, Brice, Bunde, Davies,           
G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James,               
Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia,                
Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault,                
Toohey, Vezey, Williams, Willis                                                
                                                                               

1996-03-13                     House Journal                      Page 3137
Honoring - Dennis L. Berry, P.E., 1996 Alaska Engineer of the Year             
By Senator Leman; Representatives Phillips, Bunde, Davies, G.Davis,            
Elton, Foster, Green, Hanley, James, Kohring, Kott, Kubina, Long,              
Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter,               
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,              
Willis                                                                         
                                                                               
                                                                               
                             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 Therriault - from 12:30 p.m., March 15 to 9:25 a.m.,            
plane time, March 18, 1996                                                     
                                                                               
Representative Brown - from 12:00 noon, April 4 to 9:25 a.m., plane            
time, April 9, 1996                                                            
                                                                               
Representative Masek - from 1:00 p.m., March 14 to 9:25 a.m., March            
18, 1996                                                                       
                                                                               
                                                                               
HB 63                                                                        
The Speaker waived the Finance Committee referral for the following            
at the request of Representative Hanley, Co-chair:                             
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63                                      
An Act relating to special request licenses depicting the sport of            
dog mushing.                                                                   
                                                                               
SSHB 63 was removed from the Finance Committee and referred to                 
the Rules Committee for placement on the calendar.                             
                                                                               
HB 391                                                                       
The Speaker waived the Finance Committee referral for the following            
at the request of Representative Hanley, Co-chair:                             
                                                                               
HOUSE BILL NO. 391                                                            
An Act relating to succession to assets and liabilities of dissolved          
municipalities.                                                                

1996-03-13                     House Journal                      Page 3138
HB 391                                                                       
HB 391 was removed from the Finance Committee and was referred                 
to the Rules Committee for placement on the calendar.                          
                                                                               
HB 462                                                                       
The Speaker waived the Finance Committee referral for the following            
at the request of Representative Hanley, Co-chair:                             
                                                                               
HOUSE BILL NO. 462                                                            
An Act relating to the offenses of driving while intoxicated and              
refusal to submit to a chemical test of breath or blood; amending              
Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and                      
providing for an effective date.                                               
                                                                               
HB 462 was removed from the Finance Committee and was referred                 
to the Rules Committee for placement on the calendar.                          
                                                                               
HB 502                                                                       
The Speaker waived the Finance Committee referral for the following            
at the request of Representative Hanley, Co-chair:                             
                                                                               
HOUSE BILL NO. 502                                                            
An Act relating to the auctioning of real estate.                             
                                                                               
HB 502 was removed from the Finance Committee and was referred                 
to the Rules Committee for placement on the calendar.                          
                                                                               
HB 517                                                                       
The Speaker waived the Judiciary Committee referral for the following          
at the request of Representative Porter, Chair:                                
                                                                               
HOUSE BILL NO. 517                                                            
An Act relating to records and hearings of the Department of                  
Public Safety; relating to a temporary permit to drive a motor                 
vehicle; relating to regulation of motor vehicles and commercial               
motor vehicles; relating to renewal of a driver's license by mail;             
increasing the property damage amounts for proof of financial                  
responsibility and proof of motor vehicle eligibility in order to              
lawfully operate a motor vehicle in the state; relating to certain             
notifications in accidents involving property damage; relating to              
motor vehicle registration procedures; and providing for an                    
effective date.                                                                

1996-03-13                     House Journal                      Page 3139
HB 517                                                                       
HB 517 was removed from the Judiciary Committee and was referred               
to the Rules Committee for placement on the calendar.                          
                                                                               
                               RECONSIDERATION                               
                                                                               
HJR 58                                                                       
Representative Finkelstein moved and asked unanimous consent that              
the reconsideration (page 3097) of the following be held one legislative       
day:                                                                           
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 58(RES)                                     
Relating to reauthorization and reform of the Endangered Species              
Act.                                                                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
HB 59                                                                        
Representative Brown brought up reconsideration of the vote on                 
CSHB59(RES) (page 3095).                                                       
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 59(RES)                                                 
An Act relating to raffles and auctions of certain permits to take            
big game; and providing for an effective date.                                 
                                                                               
Representative Toohey placed a call of the House and lifted the call.          
                                                                               
The question to be reconsidered:  Shall CSHB 59(RES) pass the                  
House?  The roll was taken with the following result:                          
                                                                               
CSHB 59(RES)--RECONSIDERATION                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  7   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster,              
Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott,                 
Kubina, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips,                
Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams, Willis                                                               

1996-03-13                     House Journal                      Page 3140
HB 59                                                                        
Nays:  Brown, Davies, Elton, Finkelstein, Long, Masek, Navarre                 
                                                                               
Excused:  Nicholia                                                             
                                                                               
And so, CSHB 59(RES) 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.           
                                                                               
CSHB 59(RES) was referred to the Chief Clerk for engrossment.                  
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 77                                                                        
Representative Toohey added her name as cross sponsor to:                      
                                                                               
CS FOR SENATE BILL NO. 77(FIN) am                                             
An Act relating to management of game populations, to the                     
powers and duties of the commissioner of fish and game, and to                 
the division of game.                                                          
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 59                                                                        
CSHB 59(RES) was engrossed, signed by the Speaker and Chief Clerk              
and transmitted to the Senate for consideration.                               
                                                                               
                                                                               
                                  ENROLLMENT                                  
                                                                              
HB 38                                                                        
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 2:50 p.m.,            
March 13, 1996:                                                                
                                                                               

1996-03-13                     House Journal                      Page 3141
HB 38                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S                              
An Act relating to criminal sentencing; relating to good time                 
credit; relating to the availability for good time credit for offenders        
convicted of certain first degree murders; relating to definite                
sentences, parole, good time credit, pardon, commutation of                    
sentence, modification or reduction of sentence, reprieve, furlough,           
and service of sentence at a correctional restitution center for               
offenders with at least three serious felony convictions; and                  
amending Alaska Rule of Criminal Procedure 35.                                 
                                                                               
                                                                              
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 14, 1996.  There being no                
objection, the House adjourned at 7:53 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk