Legislature(1995 - 1996)
1996-03-20 House Journal
Full Journal pdf1996-03-20 House Journal Page 3209 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 20, 1996 Seventy-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 34 members present. Representative Mulder had been previously excused from a call of the House today. Representatives Brown, B.Davis, Hanley, Kubina and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Cordell E. Reiner of the Seventh-Day Adventist Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our Father which art in heaven, Hallowed be Thy name. Thy Kingdom come, Thy will be done, is our request to You this morning. We give You praise and Thanksgiving for the countless blessings that we take for granted each day that we have breath. You have told us that we are the salt of the earth and the light of the world. May whatever we do today, experience the pleasant taste, that salt brings, just the right amount, not too much and not too little. May the light of our lives not be hid under a basket, but shine brightly to be a blessing to others and be a solution to the problems that are before us. 1996-03-20 House Journal Page 3210 So thank You Father for what You will do for us, in us and through us this day, is our prayer in the name of Jesus, we pray. Amen The Pledge of Allegiance was led by Representative Vezey. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 72nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HCR 26 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 26 Relating to creation of the Public Inebriate Task Force. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Toohey, Robinson No recommendation (4): G.Davis, Rokeberg, Bunde, Brice The following fiscal notes apply to CSHCR 26(HES): Fiscal note, House Health, Education & Social Services Committee/Legislative Affairs Agency, 3/20/96 Zero fiscal note, Dept. of Public Safety, 3/20/96 HCR 26 was referred to the Finance Committee. 1996-03-20 House Journal Page 3211 HB 341 The Finance Committee has considered: HOUSE BILL NO. 341 An Act establishing a tax court to consider and determine certain taxes and penalties due and collateral matters, and amending provisions relating to taxpayer challenges to the assessment, levy, and collection of taxes by the state; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 341(FIN) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (6): Hanley, Mulder, Therriault, Kelly, Martin, Kohring Amend (3): Navarre, Grussendorf, Brown The following fiscal notes apply to CSHB 341(FIN): Fiscal note, Dept. of Administration, 3/12/96 Fiscal note, Alaska Court System, 3/12/96 Zero fiscal note, Dept. of Revenue, 1/26/96 1996-03-20 House Journal Page 3212 HB 341 HB 341 was referred to the Rules Committee for placement on the calendar. HB 439 The Labor & Commerce Committee has considered: HOUSE BILL NO. 439 An Act relating to minerals, including coal, to the statewide bonding pool for the reclamation activities imposed on mining operations, and to the statewide bonding pool's use for surface coal mining projects. and recommends it be replaced with: CS FOR HOUSE BILL NO. 439(L&C) An Act establishing the Alaska Surface Coal Mining Advisory Commission as a temporary commission. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Sanders, Porter, Kott No recommendation (3): Masek, Elton, Rokeberg The following fiscal note applies to CSHB 439(L&C): Fiscal note, House Labor & Commerce Committee/Dept. of Natural Resources, 3/20/96 HB 439 was referred to the Finance Committee. HB 465 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 465 An Act relating to employment of teachers and school administrators and to public school collective bargaining. 1996-03-20 House Journal Page 3213 HB 465 and recommends it be replaced with: CS FOR HOUSE BILL NO. 465(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): G.Davis, Toohey No recommendation (2): Rokeberg, Bunde Amend (2): Robinson, Brice The following fiscal note applies to CSHB 465(HES): Zero fiscal note, Dept. of Education, 3/20/96 HB 465 was referred to the Rules Committee for placement on the calendar. HB 512 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 512 An Act establishing English as the common language and related to the use of English in public records and at public meetings of state agencies. and recommends it be replaced with: CS FOR HOUSE BILL NO. 512(HES) An Act establishing English as the official language and related to the use of English in public records and at public meetings of state agencies. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: 1996-03-20 House Journal Page 3214 HB 512 Do pass (2): Toohey, Vezey Do not pass (2): Robinson, Brice No recommendation (2): G.Davis, Bunde Amend (1): Rokeberg The following fiscal note applies to CSHB 512(HES): Zero fiscal note, Office of the Governor/All Departments, 3/20/96 HB 512 was referred to the Judiciary Committee. HB 540 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 540 An Act relating to health care data and registration of births. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Rokeberg, Toohey, Robinson No recommendation (4): G.Davis, Bunde, Vezey, Brice The following fiscal notes apply: Zero fiscal notes (2), Dept. of Health & Social Services, 3/20/96 HB 540 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Kubina was noted. 1996-03-20 House Journal Page 3215 REPORTS OF SPECIAL COMMITTEES HB 32 The Conference Committee considering: CS FOR HOUSE BILL NO. 32(FIN) An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another; and providing for an effective date. and CS FOR HOUSE BILL NO. 32(FIN) am S (same title) requests limited powers of free conference on the following specific points: the length of time the department has to render a decision on a PFD appeal and the consequences for not meeting that deadline under AS 43.23.015(g) of CSHB 32(FIN) am S. The request was signed by Representatives Green (Chair), Finkelstein and Porter; and Senators Kelly (Chair) and Halford. The request is under Unfinished Business. HB 514 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 514 An Act repealing the ban against finfish farming. and recommends it be replaced with: CS FOR HOUSE BILL NO. 514(FSH) An Act relating to finfish farming. The report was signed by Representative Austerman, Chair, with the following individual recommendations: 1996-03-20 House Journal Page 3216 HB 514 Do pass (1): Ogan No recommendation (3): Moses, Austerman, G.Davis The following fiscal note applies to CSHB 514(FSH): Fiscal note, Dept. of Fish & Game, 3/20/96 HB 514 was referred to the Resources Committee. **The presence of Representative B.Davis was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - East Anchorage High Girls' Track and Field, 1995 State Champions By Representative B.Davis Honoring - Barbara Jean Renoux, Alaska Teacher of the Year By Senator Adams; Representative Long Honoring - Michelle Shelli Gordon By Senator Ellis; Representatives Brown, Rokeberg #END **The presence of Representative Therriault was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 22 The following was read the second time: 1996-03-20 House Journal Page 3217 HB 22 HOUSE BILL NO. 22 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. with the: Journal Page STA RPT 5DP 2677 ZERO FISCAL NOTE (GOV) 2678 FIN RPT CS(FIN) 8DP 3NR 3085 FISCAL NOTE (H.FIN/ALL DEPTS) 3085 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. 22(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB22(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 22(FIN) was read the third time. **The presence of Representatives Brown and Hanley was noted. The question being: Shall CSHB 22(FIN) pass the House? The roll was taken with the following result: CSHB 22(FIN) Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 1 ABSENT: 1 1996-03-20 House Journal Page 3218 HB 22 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Elton, Finkelstein, Robinson Excused: Mulder Absent: Brice And so, CSHB 22(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 295 The following was read the second time: HOUSE BILL NO. 295 An Act relating to the custody and disposition of property in the custody of municipal law enforcement agencies. with the: Journal Page JUD RPT CS(JUD) 5 DP 1446 2 ZERO FISCAL NOTES (DPS) 1447 JUD ADDITIONAL ZERO FN (LAW) 1485 RETURN TO JUD COMMITTEE 2844 JUD RPT CS(2D JUD) NT 4DP 1NR 2987 3 ZERO FNS (LAW, DPS, REV) 2988 FIN REFERRAL WAIVED 3040 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. 295(2d JUD) An Act relating to forfeitures of property; and relating to the custody and disposition of property in the custody of municipal law enforcement agencies. 1996-03-20 House Journal Page 3219 HB 295 There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB295(2d JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 295(2d JUD) was read the third time. The question being: Shall CSHB 295(2d JUD) pass the House? The roll was taken with the following result: CSHB 295(2d JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Mulder Absent: Foster And so, CSHB 295(2d JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 319 The following was read the second time: HOUSE BILL NO. 319 An Act relating to the regulation of small loan and retail installment transactions. 1996-03-20 House Journal Page 3220 HB 319 with the: Journal Page L&C RPT CS(L&C) 6DP 2600 ZERO FISCAL NOTE (DCED) 2600 FIN RPT CS(FIN) NT 7DP 1NR 2881 ZERO FISCAL NOTE (DCED) 2881 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. 319(FIN) An Act relating to the regulation of small loan and retail installment transactions; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB319(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 319(FIN) was read the third time. The question being: Shall CSHB 319(FIN) pass the House? The roll was taken with the following result: CSHB 319(FIN) Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Martin, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: James Excused: Mulder 1996-03-20 House Journal Page 3221 HB 319 Absent: Barnes, Mackie, Masek And so, CSHB 319(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 319(FIN) was referred to the Chief Clerk for engrossment. HB 311 The following was read the second time: 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. with the: Journal Page L&C RPT CS(L&C) NT 3NR 1AM 3020 2 ZERO FISCAL NOTES (DNR, LABOR) 3020 JUD RPT CS(JUD) NT 5DP 1AM 3144 2 ZERO FISCAL NOTES (DNR, LABOR) 3/8/96 3144 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. 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. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Sanders: Page 1, line 4 through page 2, line 17: 1996-03-20 House Journal Page 3222 HB 311 Delete all material and insert the following: * Section 1. AS23.10.410(a) is amended to read: (a) Except as provided in (d) of this section, a ªAß person may not be employed in an underground coal mine, underground lode mine, underground placer mine, underground coal, lode, or placer workings, or other underground mine, or workings for more than eight hours in 24 hours, except on a day when a change of shift is made, excluding, however, an intermission of time for meals, or otherwise going to or from the place where the work is actually carried on, whether in going on or off shift, or in going to or returning from meals. * Sec. 2. AS23.10.410 is amended by adding new subsections to read: (d) On application from an employer, the commissioner may grant a variance that permits employment in an underground mine or workings for more than eight but not more than 10 hours in a 24-hour period if the commissioner finds that (1) the additional working time is permitted under the terms of a collective bargaining agreement entered into by a bargaining organization that represents workers performing the work covered by the variance; or (2) the extension is in the best interest of resident workers of the state. (e) The department shall issue orders and adopt regulations necessary to carry out this section. Representative Sanders moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 311(JUD) Second Reading Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 1996-03-20 House Journal Page 3223 HB 311 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Robinson, Sanders, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Mulder Green changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Representative Bunde placed a call of the House and lifted the call. Amendment No. 2 was not offered. Representative Vezey moved and asked unanimous consent that CSHB311(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 311(JUD) was read the third time. Representative Bunde placed a call of the House. The call was satisfied. The question being: Shall CSHB 311(JUD) pass the House? The roll was taken with the following result: CSHB 311(JUD) Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 1996-03-20 House Journal Page 3224 HB 311 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Kubina, Long, Willis Excused: Mulder And so, CSHB 311(JUD) passed the House. Representative Navarre gave notice of reconsideration of his vote on CSHB 311(JUD). 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 - United Way of Tanana Valley By Representatives Brice, Elton, James, Kelly, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Honoring - North Pacific Marine Science Foundation Donors By Senator Pearce; Representatives Phillips, Brice, Bunde, Elton, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Commemorating - National Agriculture Day, March 20, 1996 By Senator Green; Representatives Phillips, Austerman, Brice, G.Davis, Elton, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-03-20 House Journal Page 3225 In Memoriam - Thelma Tocktoo By Representatives Foster, Phillips, Elton, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Adams 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 B.Davis - from 6:00 p.m., April 4 to 9:25 p.m., plane time, April 8, 1996 Representative Davies - from 12:30 p.m., March 22 to 9:30 a.m., plane time, March 25, 1996 HJR 54 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: HOUSE JOINT RESOLUTION NO. 54 Encouraging the lessees of Alaska's vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislature's support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system. HJR 54 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 32 The Speaker granted the limited powers of free conference as requested (page 3215) by the Conference Committee considering: CS FOR HOUSE BILL NO. 32(FIN) An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another; and providing for an effective date. 1996-03-20 House Journal Page 3226 HB 32 and CS FOR HOUSE BILL NO. 32(FIN) am S (same title) The Chief Clerk was instructed to so notify the Senate. HB 364 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: 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. HB 364 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 433 Representative Hanley, Co-chair, moved and asked unanimous consent that the referral to the Finance Committee be waived for the following: HOUSE BILL NO. 433 An Act relating to an exemption to the unauthorized publication or use of communications and the prohibition against eavesdropping for certain law enforcement activities. Representative Vezey objected and withdrew the objection. There being no further objection, the Speaker waived the Finance Committee referral. HB 433 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 178 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: 1996-03-20 House Journal Page 3227 SB 178 SENATE BILL NO. 178(title am) An Act increasing the number of eligible employees that constitute an employer group for purposes of providing small employer health insurance; amending the definition of `small employer'; and requiring an annual report from the Small Employer Health Reinsurance Association until 1999. SB 178(title am) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 22 Representatives James and Nicholia added their names as cosponsors to: CS FOR HOUSE BILL NO. 22(FIN) An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. ENGROSSMENT HB 22 CSHB 22(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 295 CSHB 295(2d JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 319 CSHB 319(FIN) 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. Minority Caucus upon adj., 3/21 1996-03-20 House Journal Page 3228 The following meeting today has been changed as indicated: Children's Caucus 12:00 pm, 3/20 meeting CANCELED ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 21, 1996. There being no objection, the House adjourned at 12:35 p.m. Suzi Lowell Chief Clerk