Legislature(1995 - 1996)

1996-04-04 House Journal

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1996-04-04                     House Journal                      Page 3633
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                      Thursday             April 4, 1996         
                                                                               
                                                                               
                              Eighty-eighth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:15 a.m.                                                         
                                                                               
                                                                               
Roll call showed 29 members present.  Representatives B.Davis,                 
Grussendorf, Moses, Navarre and Porter had been previously excused             
from a call of the House today.  Representative Barnes was excused             
due to illness.  Representatives Finkelstein, Kubina, Mackie and               
Sanders were absent and their presence was noted later.                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Masek - all day today                                           
                                                                               
                                                                               
The invocation was offered by the Chaplain, Brian Ewing of the                 
Calvary Fellowship.  Representative Kelly moved and asked                      
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
Father, I often find myself standing like the disciples at the                
sepulcher of Christ, broken and purposeless.  Hope has died                    
and my aspirations have been short-circuited.  I am thankful                   
that You meet us at that place and gently ask, `Why do Ye                      
seek the living among the dead?  He is not here, but is risen.'                
                                                                               

1996-04-04                     House Journal                      Page 3634
We've been guilty of sifting through the ruins of our lives in                
search of fulfillment that You said could be found in Jesus                    
only.  You said that in Him we have strong consolation and                     
that He is an anchor of the soul both sure and steadfast.                      
                                                                               
Anchor us this Easter in the practical fact of Your death and                 
resurrection that we might have a living hope in You.                          
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Brown.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 87th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
The Chief Clerk noted the following typographical error in the journal         
for the 87th day:                                                              
                                                                               
Page 3614, under Certification of the Journal, it should read:                 
                                                                               
Representative Vezey moved and asked unanimous consent that                   
the journal for the 85th and 86th legislative days be approved as              
certified by the Chief Clerk.                                                  
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated April 3, 1996, was read stating the Senate has passed          
the following, and it is transmitted for consideration:                        
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 259                                                                       
CS FOR SENATE BILL NO. 259(HES) by the Senate Health,                          
Education & Social Services Committee, entitled:                               
                                                                               

1996-04-04                     House Journal                      Page 3635
SB 259                                                                       
An Act extending the termination date of the Alaska Commission                
on Aging; and providing for an effective date.                                 
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
**The presence of Representative Sanders was noted.                            
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HJR 64                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 64                                                 
Relating to extension of the United States Forest Service timber              
sale contract with the Ketchikan Pulp Company.                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 64(RES)                                     
(same title)                                                                  
                                                                               
The report was signed by Representative Williams, Co-chair, with the           
following individual recommendations:                                          
                                                                               
Do pass (3):  Ogan, Kott, Williams                                             
                                                                               
Do not pass (1):  Davies                                                       
                                                                               
No recommendation (3):  Long, Green, Austerman                                 
                                                                               
The following fiscal note applies to CSHJR 64(RES):                            
                                                                               
Zero fiscal note, House Resources Committee, 4/4/96                            
                                                                               
HJR 64 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               

1996-04-04                     House Journal                      Page 3636
HB 349                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 349                                                            
An Act relating to elections; relating to the division of elections;          
relating to voter registration procedures; and providing for an                
effective date.                                                                
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 349(JUD)                                                
An Act relating to elections, to the division of elections, and to            
voter registration procedures; and providing for an effective date.            
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (5):  Porter, Vezey, Finkelstein, Green, Toohey                        
                                                                               
Amend (1):  Bunde                                                              
                                                                               
The following fiscal note applies to CSHB 349(JUD):                            
                                                                               
Zero fiscal note, Office of the Governor, 3/29/96                              
                                                                               
HB 349 was referred to the Finance Committee.                                  
                                                                               
HB 366                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 366                                                            
An Act relating to marine safety training and education                       
programs.                                                                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 366(FIN)                                                
(same title)                                                                  
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         

1996-04-04                     House Journal                      Page 3637
HB 366                                                                       
Do pass (7):  Foster, Hanley, Kohring, Grussendorf, Brown, Kelly,              
Therriault                                                                     
                                                                               
No recommendation (1):  Martin                                                 
                                                                               
The following fiscal notes apply to CSHB 366(FIN):                             
                                                                               
Fiscal note, House Finance Committee/Dept. of Community &                      
Regional Affairs, 4/4/96                                                       
Zero fiscal note, Dept. of Revenue, 1/31/96                                    
                                                                               
HB 366 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
**The presence of Representative Mackie was noted.                             
                                                                               
                                                                               
HB 436                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 436                                                            
An Act relating to purchase and sale of mobile homes by mobile                
home dealers or agents; to mobile home titles; and providing for               
an effective date.                                                             
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 436(TRA)                                                
An Act relating to purchase and sale of mobile homes by mobile                
home dealers; to mobile home titles; and providing for an effective            
date.                                                                          
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (3):  Kott, Sanders, Porter                                            
                                                                               
No recommendation (3):  Kubina, Elton, Rokeberg                                
                                                                               

1996-04-04                     House Journal                      Page 3638
HB 436                                                                       
The following fiscal notes apply to CSHB 436(TRA):                             
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 4/2/96                  
Zero fiscal note, Dept. of Public Safety, 4/2/96                               
                                                                               
HB 436 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 544                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 544                                                            
An Act relating to the use of the terms `health' and `disability'             
in the context of insurance coverage.                                          
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (5):  Kott, Rokeberg, Elton, Kubina, Porter                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development, 4/4/96             
                                                                               
HB 544 was referred to the Finance Committee.                                  
                                                                               
                                                                               
SJR 38                                                                       
The Resources Committee has considered:                                        
                                                                               
SENATE JOINT RESOLUTION NO. 38                                                
Opposing the proposed expansion of the United States                          
Environmental Protection Agency's toxics release inventory                     
program.                                                                       
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Ogan, Long, Kott, Green                                          
                                                                               

1996-04-04                     House Journal                      Page 3639
SJR 38                                                                       
No recommendation (3):  Davies, Austerman, Williams                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Senate Resources Committee, 3/12/96                   
                                                                               
SJR 38 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
SB 250                                                                       
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 250(FIN) am                                            
An Act relating to the University of Alaska and to assets of the              
University of Alaska; authorizing the University of Alaska to                  
select additional state public domain land, designating that land as           
`university trust land,' and describing the principles applicable to           
the land's management and the development of its resources; and                
defining the net income from the University of Alaska's                        
endowment trust fund as `university receipts' subject to prior                 
legislative appropriation.                                                     
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 250(RES)                                  
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Nicholia, Davies                                                 
                                                                               
No recommendation (5):  Long, Kott, Austerman, Ogan, Green                     
                                                                               
The following fiscal notes apply to HCS CSSB 250(RES):                         
                                                                               
Senate fiscal note, University of Alaska, 2/15/96                              
Senate fiscal note, Dept. of Natural Resources, 2/15/96                        
Senate fiscal note, Dept. of Revenue, 2/15/96                                  
Senate fiscal note, Dept. of Fish & Game, 2/15/96                              

1996-04-04                     House Journal                      Page 3640
SB 250                                                                       
CSSB 250(FIN) am was referred to the Finance Committee.                        
                                                                               
SB 261                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
SENATE BILL NO. 261                                                           
An Act relating to the release of employment security records;                
relating to an injunction or an employer's security for delinquent             
unemployment insurance contributions; extending time periods for               
redeterminations and appeals for unemployment insurance; relating              
to the overpayment or the redetermination of unemployment                      
insurance benefits; relating to availability for work, seeking work,           
and the calculation of wages for unemployment insurance                        
purposes; relating to voluntary federal tax withholding from                   
unemployment insurance benefits; relating to the binding effect of             
unemployment compensation decisions; relating to the definition                
of `waiting week' for employment security purposes; and                        
providing for an effective date.                                               
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (2):  Sanders, Kott                                                    
                                                                               
No recommendation (2):  Rokeberg, Porter                                       
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Labor, 3/8/96                                
                                                                               
SB 261 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
SB 300                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
SENATE BILL NO. 300                                                           
An Act relating to the Uniform Commercial Code, primarily to                  
investment securities; amending Rule 8(d), Alaska Rules of Civil               
Procedure; and providing for an effective date.                                

1996-04-04                     House Journal                      Page 3641
SB 300                                                                       
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (4):  Rokeberg, Elton, Porter, Kott                                    
                                                                               
No recommendation (1):  Sanders                                                
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
3/8/96                                                                         
                                                                               
SB 300 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 305                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
CS FOR SENATE BILL NO. 305(L&C)                                               
An Act relating to the regulation of accountants; and amending                
the effective date for sec. 6, ch. 62, SLA 1991.                               
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (4):  Sanders, Porter, Rokeberg, Kott                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Commerce & Economic Development,             
3/26/96                                                                        
                                                                               
CSSB 305(L&C) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               
                                                                               
SB 312                                                                       
The Judiciary Committee has considered:                                        
                                                                               

1996-04-04                     House Journal                      Page 3642
SB 312                                                                       
SENATE BILL NO. 312                                                           
An Act relating to purchase of an alcoholic beverage from a                   
package store.                                                                 
                                                                               
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Porter, Vezey, Bunde                                             
                                                                               
No recommendation (2):  Finkelstein, Green                                     
                                                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Senate zero fiscal note, Dept. of Revenue, 3/25/96                             
                                                                               
                                                                               
SB 312 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 - Gold Award Recipients, Girl Scout Troop 118                         
By Representatives Kelly, Therriault, Vezey                                    
                                                                               
In Memoriam - Ralph  Tex Yates                                                 
By Representative Mackie                                                       
                                                                               
In Memoriam - Laura B. Wright                                                  
By Senators Sharp, Adams, Miller, Lincoln, Frank; Representatives              
Kelly, Vezey, James, Therriault, Davies                                        
                                                                               
                                                                               
**The presence of Representative Finkelstein was noted.                        
                                                                               

1996-04-04                     House Journal                      Page 3643
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 33                                                                       
HOUSE CONCURRENT RESOLUTION NO. 33 by the House Labor                          
& Commerce Committee:                                                          
                                                                               
Objecting to the Department of Administration's settlement with               
certain employees of the Alaska marine highway system.                         
                                                                               
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 339                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 339                                                            
An Act relating to the termination of parental rights of                      
incarcerated parents.                                                          
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 3DP 3NR                                      2800         
	ZERO FISCAL NOTE (DHSS)                                          2801         
	STA RPT  CS(HES) NT 3DP 1NR                                      2867         
	ZERO FISCAL NOTE (LAW)                                           2868         
	ZERO FISCAL NOTE (DHSS) 2/19/96                                  2868         
	JUD RPT  CS(JUD) NT 3DP 4NR                                      3235         
	ZERO FISCAL NOTE (LAW) 2/23/96                                   3235         
	ZERO FISCAL NOTE (DHSS) 2/19/96                                  3235         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1996-04-04                     House Journal                      Page 3644
HB 339                                                                       
CS FOR HOUSE BILL NO. 339(JUD)                                                
An Act relating to children-in-need-of-aid proceedings; allowing              
termination of parental rights with respect to a child in need of aid          
as a result of parental conduct or parental incarceration if the               
conduct or incarceration is likely to continue to exist sufficiently           
long to seriously damage the parent and child relationship or to               
cause serious emotional or physical harm to the child; and                     
providing for an effective date.                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was not offered.                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB339(JUD) be considered engrossed,  advanced to third reading               
and placed on final passage.                                                   
                                                                               
Representative Brown objected.                                                 
                                                                               
The Speaker stated that CSHB 339(JUD) will be in third reading on              
the April 9, 1996, 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 - Yukon-Koyukuk Academic Decathlon Team                               
By Senator Lincoln; Representatives Nicholia, Brice, Elton, Green,             
Grussendorf, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Navarre,          
Ogan, Parnell, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis              
                                                                               
In Memoriam - Harry and Polly Mills                                            
By Representatives Willis, Phillips, Brice, Elton, Foster, Ivan, James,        
Kelly, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre,                   
Nicholia, Ogan, Rokeberg, Sanders, Toohey, Vezey, Williams; Senator            
Halford                                                                        
                                                                               

1996-04-04                     House Journal                      Page 3645
                             UNFINISHED BUSINESS                             
                                                                               
HB 226                                                                       
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 3614) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 226(FIN) am                                             
An Act permitting the provision of different retirement and health            
benefits to certain employees by differentiating between benefits              
provided to employees with spouses or children and to other                    
employees.                                                                     
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved that the House concur in the Senate                 
amendment to CSHB 226(FIN) am, thus adopting SCS CSHB
226(JUD), and recommended that the members vote yes.                           
                                                                               
                                                                               
**The presence of Representative Kubina was noted.                             
                                                                               
Representative Vezey moved and asked unanimous consent to                      
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
CSHB 226(FIN) am is under Unfinished Business.                                 
                                                                               
HB 435                                                                       
The Speaker waived the State Affairs Committee referral for the                
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 435                                                            
An Act relating to employment contributions and to making the                 
state training and employment program a permanent state program;               
and providing for an effective date.                                           
                                                                               

1996-04-04                     House Journal                      Page 3646
HB 435                                                                       
HB 435 was removed from the State Affairs Committee and referred               
to the Finance Committee.                                                      
                                                                               
HB 543                                                                       
The Speaker added a referral to the Finance Committee to follow the            
Transportation Committee referral for the following:                           
                                                                               
HOUSE BILL NO. 543                                                            
An Act establishing a preference when entering into state airport             
land leases.                                                                   
                                                                               
HB 543 is in the Transportation Committee.                                     
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the            the 
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Williams - from 2:20 p.m., April 4 to 10:06 p.m., plane         
time, April 8, 1996                                                            
                                                                               
Representative Kott - from 6:30 a.m., April 5 to 10:00 p.m., plane             
time, April 8, 1996                                                            
                                                                               
Representative Brown - from 3:32 p.m., May 1 to 12:41 p.m., plane              
time, May 5, 1996                                                              
                                                                               
                                                                               
HB 216                                                                       
Representatives Green, Nicholia, G.Davis and Rokeberg added their              
names as cosponsors to:                                                        
                                                                               
CS FOR HOUSE BILL NO. 216(HES)                                                
An Act establishing the Alaska education technology program;                  
and providing for an effective date.                                           
                                                                               
                                                                               
SB 230                                                                       
Representative Kohring added his name as cross sponsor to:                     
                                                                               

1996-04-04                     House Journal                      Page 3647
SB 230                                                                       
SENATE BILL NO. 230                                                           
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.                                      
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Minority Caucus                                        10:15 a.m., 4/9         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., April 9, 1996.  There being no                 
objection, the House adjourned at 10:54 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk