Legislature(1995 - 1996)
1996-03-14 House Journal
Full Journal pdf1996-03-14 House Journal Page 3143 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday March 14, 1996 Sixty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:18 a.m. Roll call showed 32 members present. Representatives Brice and Nicholia had been previously excused from a call of the House today. Representatives Finkelstein, Hanley, Kott, Kubina, Moses and Navarre 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 Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Father in Heaven, Mighty is our God and awesome are Your works. Since time eternal You have been a giving God. You gave us our very sustenance and created the very world we live in, You have given without reservation in order to bring us and restore us back to You. Today we give ourselves to You as referenced in Your word in Romans 12. We place ourselves at Your disposal. I thank You for the dedication of these men and women and their willingness to serve. May their time with their families be blessed by Your presence. Thank You for Your guidance, unity, wisdom, and grace during this past week. May Your will be done in our lives as well as in the State of Alaska. The Pledge of Allegiance was led by Representative Barnes. 1996-03-14 House Journal Page 3144 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 66th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 311 The Judiciary Committee has considered: HOUSE BILL NO. 311 An Act repealing the limitation on the hours a person may be employed in a mine; and making a related technical amendment to avoid changing the penalties for failing to make payments into an employee benefit fund. and recommends it be replaced with: CS FOR HOUSE BILL NO. 311(JUD) An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Green, Toohey, Vezey, Bunde Amend (1): Finkelstein The following fiscal notes apply to CSHB 311(JUD): Zero fiscal note, Dept. of Labor, 3/8/96 Zero fiscal note, Dept. of Natural Resources, 3/8/96 HB 311 was referred to the Rules Committee for placement on the calendar. 1996-03-14 House Journal Page 3145 ND ß**The presence of Representative Kott was noted. HB 364 The Judiciary Committee has considered: HOUSE BILL NO. 364 An Act amending the definition of the offense of unlawful interference with voting in the first degree, a class C felony, to include conduct related to inducing a person to vote or to refrain from voting at an election and conduct related to acceptance of something offered or given to vote or to refrain from voting in an election. and recommends it be replaced with: CS FOR HOUSE BILL NO. 364(JUD) An Act amending, in the Election Code, the definition of the offense of unlawful interference with voting in the first degree, a class C felony, and adding, for all `knowing violations of election offenses set out in the Election Code, a cross-reference to the definition of the word `knowing in the Criminal Code. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Bunde, Toohey No recommendation (1): Finkelstein The following fiscal note applies to CSHB 364(JUD): Zero fiscal note, Office of the Governor, 3/14/96 HB 364 was referred to the Finance Committee. HB 365 The Judiciary Committee has considered: HOUSE BILL NO. 365 An Act relating to the offense of possession of tobacco by a minor. 1996-03-14 House Journal Page 3146 HB 365 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Bunde, Vezey, Finkelstein, Toohey The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 3/6/96 HB 365 was referred to the Rules Committee for placement on the calendar. HB 394 The Resources Committee has considered: HOUSE BILL NO. 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. and recommends it be replaced with: CS FOR HOUSE BILL NO. 394(RES) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. 1996-03-14 House Journal Page 3147 HB 394 The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (2): Ogan, Austerman No recommendation (4): Long, Williams, Green, Kott Amend (1): Davies The following fiscal notes apply to CSHB 394(RES): Fiscal note, Dept. of Natural Resources, 2/28/96 Zero fiscal note, Dept. of Environmental Conservation, 2/28/96 HB 394 was referred to the Finance Committee. HB 447 The Resources Committee has considered: HOUSE BILL NO. 447 An Act providing that state land, water, and land and water may not be classified so as to preclude or restrict traditional means of access for traditional recreational uses. and recommends it be replaced with: CS FOR HOUSE BILL NO. 447(RES) An Act relating to traditional means of access for traditional outdoor uses and to the classification and the sale, lease, or other disposal of state land, water, or land and water. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (3): Barnes, Kott, Green Do not pass (2): Davies, Long No recommendation (2): Austerman, Williams 1996-03-14 House Journal Page 3148 HB 447 The following fiscal note applies to CSHB 447(RES): Zero fiscal note, House Resources Committee/Dept. of Natural Resources, 3/14/96 HB 447 was referred to the Rules Committee for placement on the calendar. HB 480 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 480 An Act relating to physician assistants, including the treatment of their services under group health insurance policies. and recommends it be replaced with: CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): Bunde, Toohey, Robinson, Brice No recommendation (3): G.Davis, Rokeberg, Vezey The following fiscal notes apply to CSHB 480(HES): Zero fiscal notes (2), Dept. of Commerce & Economic Development, 3/14/96 Zero fiscal note, Dept. of Health & Social Services, 3/14/96 HB 480 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: 1996-03-14 House Journal Page 3149 Honoring - The Rotary International Youth Exchange Program and Participating Fairbanks North Star Borough Students By Representative Brice and Honoring - Jeff King, 1996 Iditarod Race Champion By Representatives James, Kohring; Senators Green, Halford which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 543 HOUSE BILL NO. 543 by the House Transportation Committee, entitled: An Act establishing a preference when entering into state airport land leases. was read the first time and referred to the Transportation Committee. **The presence of Representatives Kubina and Navarre was noted. ted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 229 The following was read the second time: HOUSE BILL NO. 229 An Act prohibiting certain amplified sounds from automobiles; and providing for an effective date. 1996-03-14 House Journal Page 3150 HB 229 with the: Journal Page STA REFERRAL WAIVED 1039 HES RPT 2DP 1DNP 2NR 1AM 1423 ZERO FISCAL NOTE (DPS) 1423 JUD RPT CS(JUD) 4DP 1DNP 2NR 2598 ZERO FISCAL NOTE (DPS) 2599 **The presence of Representative Finkelstein 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. 229(JUD) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB229(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 229(JUD) was read the third time. **The presence of Representatives Hanley and Moses was noted. The question being: Shall CSHB 229(JUD) pass the House? The roll was taken with the following result: CSHB 229(JUD) Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Parnell, Porter, Rokeberg, Sanders, Toohey, Williams, Willis 1996-03-14 House Journal Page 3151 HB 229 Nays: Brown, Elton, James, Kelly, Kubina, Masek, Navarre, Ogan, Phillips, Robinson, Therriault, Vezey Excused: Brice, Nicholia And so, CSHB 229(JUD) passed the House. Representative Vezey moved that the effective date clause be adopted. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSHB 229(JUD) Third Reading Effective Date YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Willis Nays: Kelly, Kott, Masek, Robinson, Therriault, Vezey Excused: Brice, Nicholia Absent: Williams And so, the effective date clause was adopted. CSHB 229(JUD) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 60 The following, which was advanced to third reading from the March 13, 1996, calendar (page 3115), was read the third time: CS FOR HOUSE BILL NO. 60(HES) An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. 1996-03-14 House Journal Page 3152 HB 60 The question being: Shall CSHB 60(HES) pass the House? The roll was taken with the following result: CSHB 60(HES) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: Brice, Nicholia Absent: Williams And so, CSHB 60(HES) passed the House and was referred to the Chief Clerk for engrossment. HB 428 The following, which was advanced to third reading from the March 13, 1996, calendar (page 3134), was read the third time: 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 facility's design, construction, and operation. Representative Mulder moved and asked unanimous consent that CSHB 428(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 16. There being no objection, it was so ordered. 1996-03-14 House Journal Page 3153 HB 428 Amendment No. 16 was offered by Representative Mulder: Page 4, line 23: Delete "employed by the Department of Corrections." Insert "who are members of labor organizations." Representative Mulder moved and asked unanimous consent Amendment No. 16 be adopted. Representative Navarre objected and withdrew the objection. There being no further objection, Amendment No. 16 was adopted. Representative Brown moved and asked unanimous consent CSHB 428(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 17. There being no objection, it was so ordered. Amendment No. 17 was offered by Representatives Brown and Mulder: Page 2, line 25, after not: Insert by regulation Delete administratively Representative Brown moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 17 was adopted. Representative Ogan placed a call of the House and lifted the call. The question being: Shall CSHB 428(FIN) am pass the House? The roll was taken with the following result: CSHB 428(FIN) am Third Reading Final Passage YEAS: 21 NAYS: 16 EXCUSED: 2 ABSENT: 1 1996-03-14 House Journal Page 3154 HB 428 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Green, Grussendorf, Kubina, Long, Mackie, Masek, Navarre, Robinson, Sanders, Vezey, Willis Excused: Brice, Nicholia Absent: Williams And so, CSHB 428(FIN) am passed the House. Representative Mackie gave notice of reconsideration of his vote on CSHB 428(FIN) am. THIRD READING OF HOUSE RESOLUTIONS HJR 59 The following, which was advanced to third reading from the March 13, 1996, calendar (page 3136), was read the third time: 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. The question being: Shall CSHJR 59(RES) pass the House? The roll was taken with the following result: 1996-03-14 House Journal Page 3155 HJR 59 CSHJR 59(RES) Third Reading Final Passage YEAS: 32 NAYS: 3 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Davies, Elton, Finkelstein Excused: Brice, Nicholia Absent: Moses, Sanders, Williams And so, CSHJR 59(RES) passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. Representative Rokeberg objected. Representative Vezey moved and asked unanimous consent to withdraw the following citation: In Remembrance - Bird House Bar By Representatives Toohey, Brown, Bunde, B.Davis, G.Davis, Elton, Foster, Grussendorf, James, Kelly, Kott, Kubina, Long, Mackie, Mulder, Navarre, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis There being no objection, it was so ordered. 1996-03-14 House Journal Page 3156 There being no further objection to the citations on the calendar, the following citations were approved and sent to enrolling: Honoring - The Alaska Folk Festival, Governor's Award for the Arts By Representatives Elton, Robinson, Phillips, Brice, Brown, Davies, B.Davis, G.Davis, Grussendorf, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis; Senator Duncan In Memoriam - Dagmar White By Senator Zharoff; Representatives Austerman, Phillips, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis In Memoriam - Katie Ellanak By Senator Zharoff; Representatives Austerman, Phillips, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Robinson, Rokeberg, Sanders, 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 Grussendorf - from 8:15 a.m., March 15 to 6:10 p.m., March 18, 1996 Representative Sanders - from 12:30 p.m., March 14 to 9:30 a.m., plane time, March 18, 1996 (amended from page 3004) SPECIAL ORDER OF BUSINESS Representative Vezey moved and asked unanimous consent that the following citation be taken up as a Special Order of Business at this time: 1996-03-14 House Journal Page 3157 Honoring - Jeff King, 1996 Iditarod Race Champion By Representatives James, Kohring, Phillips, Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis; Senators Green, Halford There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. UNFINISHED BUSINESS SB 6 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 3106) on the following at this time: HOUSE CS FOR SENATE BILL NO. 6(CRA) An Act relating to suspension of a drivers 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 SENATE BILL NO. 6 am (same title) There being no objection, it was so ordered. Representative Vezey moved that the House recede from its amendment to SB 6 am, namely HCS SB 6(CRA), and recommended that the members vote no. The question being: Shall the House recede from its amendment to SB 6 am? The roll was taken with the following result: 1996-03-14 House Journal Page 3158 SB 6 HCS SB 6(CRA) Recede YEAS: 2 NAYS: 28 EXCUSED: 3 ABSENT: 7 Yeas: Finkelstein, Willis Nays: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey Excused: Brice, Nicholia, Sanders Absent: Barnes, Hanley, Kubina, Masek, Moses, Therriault, Williams And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with the like committee from the Senate (page 2704 of the Senate Journal) to consider the above bills: Representative Porter, Chair Representative Navarre Representative Mulder The Chief Clerk was instructed to so notify the Senate. RECONSIDERATION HJR 58 Representative Finkelstein brought up reconsideration of the vote on CSHJR 58(RES) (page 3139). The following was again before the House in third reading: CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act. 1996-03-14 House Journal Page 3159 HJR 58 Representative Green placed a call of the House and lifted the call. The question to be reconsidered: Shall CSHJR 58(RES) pass the House? The roll was taken with the following result: CSHJR 58(RES)--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 8 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Robinson, Willis Excused: Brice, Nicholia, Sanders Absent: Masek And so, CSHJR 58(RES) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. ENGROSSMENT HJR 58 CSHJR 58(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 59 CSHJR 59(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 60 CSHB 60(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-03-14 House Journal Page 3160 HB 229 CSHB 229(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting has been changed as indicated: Finance Subcommittee Law, 3:30 pm, 3/14 mtg CHANGED TO: 3:45 p.m., 3/14 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m. March 18, 1996. There being no objection, the House adjourned at 12:50 p.m. Suzi Lowell Chief Clerk