Legislature(1995 - 1996)
1996-04-12 House Journal
Full Journal pdf1996-04-12 House Journal Page 3687 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 12, 1996 Ninety-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 9:51 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: We thank You, Lord, that when Jesus walked on Earth, He lived as a common man among common men. He lived where they -- fishermen, tax collectors, shepherds, soldiers -- lived...and He loved them all; everyone -- the untouchable lepers, lunatics, street people, doctors, lawyers, and political leaders. We thank You, that He wasnt just concerned about lofty spiritual matters, but He was also concerned about the kinds of things that concern common people...children, paying taxes, bread and fish when youre hungry, or running out of wine at your daughters wedding. Thank You for showing us that He loved kids and crowds, celebrations and solitude, miracles and quiet meals with friends. He was a blue collar man and He calls us to be the same...not caught up in our own importance, but real, honest to goodness people, resolving human conflict, restoring 1996-04-12 House Journal Page 3688 shattered self esteem, loving the loveless, and...washing tired feet even when there was no one to watch. Help us, Lord, at least to try to live up to His example in all that we do. Amen. The Pledge of Allegiance was led by Representative Brice. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 94th and 95th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 32 A message dated April 11, 1996, was read stating the Senate has adopted the Conference Committee report on CSHB 32(FIN) and CSHB 32(FIN) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 32 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. The House has adopted CCS HB 32 (page 3255). CCS HB 32 was referred to the Chief Clerk for engrossment and enrollment. HB 468 A message dated April 11, 1996, was read stating the Senate has passed CSHB 468(FIN) am with the following amendment and it is transmitted for consideration: 1996-04-12 House Journal Page 3689 HB 468 SENATE CS FOR CS FOR HOUSE BILL NO. 468(FIN) am S An Act making supplemental appropriations for the expenses of state government and making and amending appropriations; ratifying certain state expenditures; and providing for an effective date. CSHB 468(FIN) am is under Unfinished Business. Messages dated April 10 and 11, 1996, were read stating the Sena Sen has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 52 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 52(JUD) by the Senate Judiciary Committee, entitled: An Act providing for an advisory vote on the issue of capital punishment. was read the first time and referred to the Judiciary and Finance Committees. SB 177 CS FOR SENATE BILL NO. 177(FIN) am by the Senate Finance Committee, entitled: An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. was read the first time and referred to the Judiciary and Finance Committees. SB 199 CS FOR SENATE BILL NO. 199(FIN) by the Senate Finance Committee, entitled: 1996-04-12 House Journal Page 3690 SB 199 An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations. was read the first time and referred to the Resources and Labor & Commerce Committees. SB 257 SENATE BILL NO. 257 am by Senator Zharoff, entitled: An Act relating to the taking of game or fish for public safety purposes. was read the first time and referred to the Resources and Judiciary Committees. SB 262 CS FOR SENATE BILL NO. 262(RES)(ct rule fld) by the Senate Resources Committee, entitled: An Act relating to management of game populations for maximum sustained yield for human harvest and providing for the replacement of areas closed to consumptive uses of game; relating to management of fish and game areas. was read the first time and referred to the Resources and Judiciary Committees. SB 289 CS FOR SENATE BILL NO. 289(FIN) am by the Senate Finance Committee, entitled: An Act relating to runaways, other minors, and their families or legal custodians; and amending Rule 7, Alaska Delinquency Rules. was read the first time and referred to the Judiciary and Finance Committees. 1996-04-12 House Journal Page 3691 COMMUNICATIONS The following report is on file in the Chief Clerk's office: State of Alaska Office of the Ombudsman 1995 Annual Report (as required by AS 24.55.230) REPORTS OF STANDING COMMITTEES HCR 26 The Finance 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(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Foster, Mulder, Parnell, Grussendorf, Kelly No recommendation (5): Hanley, Martin, Kohring, Brown, Therriault The following fiscal notes apply to CSHCR 26(FIN): 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 Rules Committee for placement on the calendar. HB 136 The Transportation Committee has considered: 1996-04-12 House Journal Page 3692 HB 136 HOUSE BILL NO. 136 An Act mandating the sale of the Alaska Railroad; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 136(TRA) An Act relating to the sale of the Alaska Railroad; and providing for an effective date. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (1): G.Davis No recommendation (5): Williams, Sanders, Long, James, Masek Amend (1): Brice The following fiscal notes apply to CSHB 136(TRA): Indeterminate fiscal note, Dept. of Commerce & Economic Development, 4/12/96 Fiscal note, Dept. of Law, 4/12/96 Zero fiscal note, Office of the Governor, 4/12/96 Zero fiscal note, Dept. of Transportation & Public Facilities, 4/12/96 HB 136 was referred to the State Affairs Committee. HB 198 The State Affairs Committee has considered: HOUSE BILL NO. 198 An Act relating to absences from the state and eligibility for permanent fund dividends; and providing for an effective date. and recommends it be replaced with: 1996-04-12 House Journal Page 3693 HB 198 CS FOR HOUSE BILL NO. 198(STA) An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): Robinson, Porter, Green, Ivan, James, Ogan The following fiscal note applies to CSHB 198(STA): Zero fiscal note, Dept. of Revenue, 4/12/96 HB 198 was referred to the Judiciary Committee. HB 313 The Resources Committee has considered: HOUSE BILL NO. 313 An Act relating to fees for big game tags for wolves; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 313(RES) An Act relating to big game tags for wolves; and providing for an effective date. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (3): Ogan, Austerman, Kott 1996-04-12 House Journal Page 3694 HB 313 No recommendation (4): Davies, Long, Williams, Green The following fiscal note applies to CSHB 313(RES): Fiscal note, Dept. of Fish & Game, 4/4/96 HB 313 was referred to the Finance Committee. HB 354 The Finance Committee has considered: HOUSE BILL NO. 354 An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and the public employees' retirement system; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 354(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Mulder, Grussendorf, Parnell, Brown, Foster No recommendation (4): Martin, Therriault, Kohring, Hanley The following fiscal note applies to CSHB 354(FIN): Fiscal note, Dept. of Administration, 2/16/96 HB 354 was referred to the Rules Committee for placement on the calendar. HB 403 The Transportation Committee has considered: 1996-04-12 House Journal Page 3695 HB 403 HOUSE BILL NO. 403 An Act relating to consumer protection involving contracts for the sale, transfer, or assignment of used motor vehicles and involving telephonic solicitations. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (1): G.Davis No recommendation (4): Masek, Long, Brice, Sanders Amend (2): James, Williams The following fiscal note applies: Zero fiscal note, Dept. of Law, 4/12/96 HB 403 was referred to the Labor & Commerce Committee. HB 436 The Finance 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 Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Foster, Mulder, Martin, Grussendorf, Kelly 1996-04-12 House Journal Page 3696 HB 436 Do not pass (1): Kohring No recommendation (5): Hanley, Parnell, Navarre, Brown, Therriault 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 Rules Committee for placement on the calendar. HB 549 The Judiciary Committee has considered: HOUSE BILL NO. 549 An Act relating to partnerships; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, B.Davis, Toohey, Bunde, Green No recommendation (1): Finkelstein The following fiscal notes apply: Fiscal note, Dept. of Commerce & Economic Development, 4/12/96 Zero fiscal note, Dept. of Revenue, 4/12/96 HB 549 was referred to the Labor & Commerce Committee. SB 20 The Community & Regional Affairs Committee has considered: 1996-04-12 House Journal Page 3697 SB 20 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 20(FIN) An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date. The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (5): Mackie, Elton, Austerman, Nicholia, Ivan No recommendation (2): Vezey, Kott The following fiscal notes apply: Senate fiscal note, Dept. of Revenue, 3/18/96 Senate zero fiscal note, Dept. of Community & Regional Affairs, 3/18/96 CSSSSB 20(FIN) was referred to the Finance Committee. SB 158 The Health, Education and Social Services Committee has considered: CS FOR SENATE BILL NO. 158(L&C) am An Act relating to pharmacists and pharmacies. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 158(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): Bunde, Robinson, Toohey, Brice No recommendation (2): G.Davis, Rokeberg 1996-04-12 House Journal Page 3698 SB 158 The following fiscal note applies to HCS CSSB 158(HES): Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/20/96 CSSB 158(L&C) am was referred to the Rules Committee for placement on the calendar. SB 165 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 165(L&C) An Act relating to psychologists and psychological associates. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL 165(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (1): Toohey No recommendation (5): G.Davis, Rokeberg, Bunde, Brice, Robinson The following fiscal note applies to HCS CSSB 165(HES): Senate zero fiscal note, Dept. of Commerce & Economic Development, 1/18/96 CSSB 165(L&C) was referred to the House Special Committee on Economic Development. SB 193 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 193(L&C) An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. 1996-04-12 House Journal Page 3699 SB 193 and recommends it be replaced with the following committee substitute, pending authorization by HCR 34: HOUSE CS FOR CS FOR SENATE BILL NO. 193(HES) An Act relating to insurance coverage for certain costs of birth; and providing for an effective date. The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (5): G.Davis, Bunde, Robinson, Toohey, Brice No recommendation (2): Rokeberg, Vezey The following fiscal notes apply to HCS CSSB 193(HES): Senate zero fiscal note, Dept. of Health & Social Services, 2/21/96 Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/21/96 Senate zero fiscal note, Dept. of Administration/All Depts., 2/21/96 CSSB 193(L&C) was referred to the Labor & Commerce Committee. SB 197 The Labor & Commerce has considered: CS FOR SENATE BILL NO. 197(L&C) An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 197(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: 1996-04-12 House Journal Page 3700 SB 197 Do pass (3): Rokeberg, Elton, Kubina No recommendation (2): Kott, Sanders The following fiscal note applies to HCS CSSB 197(L&C): Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/23/96 CSSB 197(L&C) was referred to the Finance Committee. SB 211 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 211(RLS) am An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 211(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Finkelstein, B.Davis, Toohey, Bunde The following fiscal notes apply to HCS CSSB 211(JUD): Senate zero fiscal note, Dept. of Public Safety, 3/22/96 Senate zero fiscal note, Dept. of Law, 3/11/96 Senate zero fiscal note, Dept. of Corrections, 3/11/96 Senate zero fiscal note, Dept. of Administration, 3/11/96 CSSB 211(RLS) am was referred to the Rules Committee for placement on the calendar. 1996-04-12 House Journal Page 3701 SB 230 The Resources Committee has considered: CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Barnes, Ogan, Green, Williams, Austerman Do not pass (1): Davies No recommendation (3): Nicholia, Kott, Long The following fiscal note applies: Senate fiscal note, Dept. of Natural Resources, 3/28/96 CSSB 230(FIN) was referred to the Finance Committee. SB 259 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 259(HES) An Act extending the termination date of the Alaska Commission on Aging; and providing for an effective date. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (6): G.Davis, Rokeberg, Bunde, Robinson, Brice, Toohey The following fiscal note applies: 1996-04-12 House Journal Page 3702 SB 259 Senate fiscal note, Dept. of Administration, 2/2/96 CSSB 259(HES) was referred to the Finance Committee. SB 268 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 268(JUD) am An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, B.Davis, Toohey, Bunde, Green No recommendation (1): Finkelstein The following fiscal notes apply: Senate zero fiscal note, Dept. of Public Safety, 4/2/96 Senate zero fiscal note, Dept. of Law, 4/2/96 Senate zero fiscal note, Dept. of Corrections, 4/1/96 Senate zero fiscal note, Alaska Court System, 3/29/96 CSSB 268(JUD) am was referred to the Rules Committee for placement on the calendar. SB 278 The Resources Committee has considered: SENATE BILL NO. 278 An Act relating to the authority of the Department of Natural Resources to allow credits against fees at state historical parks. The report was signed by Representative Green, Co-chair, with the following individual recommendations: 1996-04-12 House Journal Page 3703 SB 278 Do pass (2): Austerman, Williams No recommendation (7): Nicholia, Davies, Ogan, Green, Kott, Barnes, Long The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 2/21/96 SB 278 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES SB 42 The House Special Committee on Fisheries has considered: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear for purposes of the commercial fisheries limited entry program; and providing for an effective date. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (3): Elton, Moses, Austerman No recommendation (1): G.Davis The following fiscal note applies: Senate zero fiscal note, Dept. of Fish & Game, 3/28/96 SSSB 42 am was referred to the Resources Committee. 1996-04-12 House Journal Page 3704 RECONSIDERATION HB 533 Representative Mackie brought up reconsideration of his vote on CSHB 533(L&C) (page 3680). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 533(L&C) An Act relating to the board of directors of the Alaska Aerospace Development Corporation. Representative Austerman moved and asked unanimous consent that CSHB 533(L&C) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Austerman: Page 1, line 8, following have: Delete recently held or are currently holding positions in a private corporation as president, vice-president, chief financial officer, or chief operating officer, or a position of comparable responsibility Insert a significant high level of experience in the private business sector, specializing in financing or economic development or marketing Page 2, line 5, following designee: Delete and Page 2, line 6, following (5): Delete four Insert three Page 2, line 7, following industry: Delete with Insert or Page 2, line 8, following experience: 1996-04-12 House Journal Page 3705 HB 533 Insert ; members with aerospace experience shall not exceed two; and Page 2, line 9: Delete ª(6) TWO Insert (6) ªTWO Page 2, line 15: Delete (8) A PUBLIC MEMBERß. Insert (8)ß a public member. Page 2, line 19: Delete (a)(1) and (5) Insert (a)(1), (5) and (6) Page 2, lines 22-23: Delete (a)(1) and (5) Insert (a)(1), (5) and (6) Representative Austerman moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Martin objected. Amendment to Amendment No. 1 was offered by Representative Davies: Page 2, line 1, after director: Insert or designee Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: Shall Amendment No. 1 as amended be adopted? The roll was taken with the following result: 1996-04-12 House Journal Page 3706 HB 533 CSHB 533(L&C)--RECONSIDERATION Second Reading Amendment No. 1 as amended YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, 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, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Ogan And so, Amendment No. 1 as amended was adopted. The question to be reconsidered: Shall CSHB 533(L&C) am pass the House? The roll was taken with the following result: CSHB 533(L&C) am--RECONSIDERATION Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, 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, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, CSHB 533(L&C) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1996-04-12 House Journal Page 3707 Honoring - Lucy Lorenz, AAHPERD, Northwest District Association, Elementary Physical Education Teacher of the Year By Representative Brice Honoring - Abbey Brantley, Outstanding Service, Access Alaska By Representative Brice Honoring - Police Officer Terrance Smith By Representative Sanders Honoring - Matthew R. Bloodgood By Representative Sanders Honoring - Lieutenant William L. Gaither By Representative Sanders Honoring - Nora Guinn By Representative Ivan Honoring - Daniel Lee Henry By Representative Mackie Honoring - Steve Ginnis II By Senator Lincoln; Representative Nicholia In Memoriam - Joel Ramstad By Representative Toohey In Memoriam - Mary Siah By Representative Brice In Memoriam - William Bolling By Representative B.Davis In Memoriam - Joe Fejes By Representative Brice and In Memoriam - Clayton Doc Polley By Representatives Robinson, Elton; Senator Duncan 1996-04-12 House Journal Page 3708 which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 34 HOUSE CONCURRENT RESOLUTION NO. 34 by the House Health, Education & Social Services Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 193, relating to insurance coverage for certain costs of birth. was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 366 The following was read the second time: HOUSE BILL NO. 366 An Act relating to marine safety training and education programs. with the: Journal Page HES RPT CS(HES) 3DP 4NR 2579 ZERO FISCAL NOTE (REV) 2579 TRA RPT CS(HES) 3DP 1NR 2680 ZERO FISCAL NOTE (REV) 1/31/96 2681 FIN RPT CS(FIN) 7DP 1NR 3636 FISCAL NOTE (H.FIN/DCRA) 3637 ZERO FISCAL NOTE (REV) 1/31/96 3637 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1996-04-12 House Journal Page 3709 HB 366 CS FOR HOUSE BILL NO. 366(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB366(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 366(FIN) was read the third time. The question being: Shall CSHB 366(FIN) pass the House? The roll was taken with the following result: CSHB 366(FIN) Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: James, Martin, Masek, Ogan Absent: Finkelstein, Mackie And so, CSHB 366(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 526 The following was read the second time: 1996-04-12 House Journal Page 3710 HB 526 HOUSE BILL NO. 526 An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 4DP 1NR 3177 ZERO FISCAL NOTE (DCED) 3178 FIN RPT CS(FIN) 4DP 7NR 3509 ZERO FISCAL NOTE (DCED) 3/18/96 3510 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. 526(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 3, line 2, following (2): Delete present Insert make available ªPRESENTß Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB526(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-04-12 House Journal Page 3711 HB 526 CSHB 526(FIN) am was read the third time. The question being: Shall CSHB 526(FIN) am pass the House? The roll was taken with the following result: CSHB 526(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 1 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Masek Absent: Bunde, James, Ogan, Parnell And so, CSHB 526(FIN) am 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. Representative Kubina gave notice of reconsideration of his vote on CSHB 526(FIN) am. SECOND READING OF SENATE BILLS SB 300 The following was read the second time: 1996-04-12 House Journal Page 3712 SB 300 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. with the: Journal Page L&C RPT 4DP 1NR 3641 SENATE ZERO FISCAL NOTE (DCED) 3/8/96 3641 Representative Vezey moved and asked unanimous consent that SB300 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 300 was read the third time. The question being: Shall SB 300 pass the House? The roll was taken with the following result: SB 300 Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 0 ABSENT: 8 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Absent: G.Davis, Finkelstein, Grussendorf, Kohring, Kubina, Navarre, Nicholia, Williams And so, SB 300 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 court rule change. There being no objection, it was so ordered. 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. 1996-04-12 House Journal Page 3713 SB 300 SB 300 was signed by the Speaker and Chief Clerk and returned to the Senate. SB 308 The following was read the second time: SENATE BILL NO. 308 An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date. with the: Journal Page STA RPT 5DP 1DNP 3663 SENATE ZERO FISCAL NOTE (LAW) 3/20/96 3664 Amendment No. 1 was offered by Representative Finkelstein: Page 2, lines 1-11: Delete all material Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Rokeberg objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SB 308 Second Reading Amendment No. 1 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Kubina, Moses, Robinson, Toohey 1996-04-12 House Journal Page 3714 SB 308 Nays: Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that SB308 be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall SB 308 be advanced to third reading on the same day? The roll was taken with the following result: SB 308 Second Reading Advance to Third Reading YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis And so, lacking the necessary 30 votes, SB 308 failed to advance and will be in third reading on the April 15, 1996, calendar. THIRD READING OF HOUSE BILLS HB 293 The following, which was advanced to third reading from the April 10, 1996, calendar (page 3678), was read the third time: 1996-04-12 House Journal Page 3715 HB 293 CS FOR HOUSE BILL NO. 293(JUD) An Act relating to the use of force in defense of persons or property. The Speaker stated that, without objection, CSHB 293(JUD) would be returned to the Rules Committee. There being no objection, it was so ordered. 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 - Soroptimist International of Anchorage, 50th Anniversary By Representatives Porter, Phillips, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - George and Peggy Brown for the Lucky Wishbone 40th Anniversary By Representatives Porter, Phillips, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - West Valley High School Academic Decathlon Team By Representatives James, Phillips, Brice, Bunde, Davies, B.Davis, Elton, Green, Kelly, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Honoring - Walter James JR Wilcox, II By Representatives James, Phillips, Brice, Bunde, Davies, B.Davis, Elton, Finkelstein, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis 1996-04-12 House Journal Page 3716 Honoring - Melinda Wilcox By Representatives James, Phillips, Brice, Davies, B.Davis, Elton, Finkelstein, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Honoring - Rick Mackey By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Davies, B.Davis, Elton, Finkelstein, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis SPECIAL ORDER OF BUSINESS Representative Vezey moved and asked unanimous consent that the citation In Memoriam - Clayton Doc Polley be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. The Speaker stated that, without objection, all members of the House would be shown as cosponsors of the citation. Representative Vezey moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - Clayton Doc Polley By Representatives Robinson, Elton, Phillips, Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis; Senator Duncan UNFINISHED BUSINESS HB 415 The Speaker waived the Health, Education & Social Services Committee referral for the following at the request of Representative Toohey, Co-chair: 1996-04-12 House Journal Page 3717 HB 415 HOUSE BILL NO. 415 An Act streamlining the functions of state government, including authorizing the commissioner of fish and game to award grants for certain resource activities; allowing agents selling fish and game licenses and tags to retain certain compensation; authorizing the Department of Health and Social Services to award grants for certain services for developmentally delayed or disabled children; relating to rabies control and administration of flour and bread standards by the Department of Environmental Conservation; repealing the Athletic Commission, the regulation of boxing and wrestling, the certification of professional geologists, and the Water Resources Board; repealing certain filing statements and bonds for enforcement and collection of certain taxes; and providing for an effective date. HB 415 was removed from the Health, Education & Social Services Committee and referred to the Resources Committee. SJR 40 The Speaker waived the Resources Committee referral for the following at the request of Representative Williams, Co-chair: CS FOR SENATE JOINT RESOLUTION NO. 40(JUD) Relating to extension of the United States Forest Service timber sale contract with the Ketchikan Pulp Company. CSSJR 40(JUD) was removed from the Resources Committee and referred to the Rules Committee for placement on the calendar. UNFINISHED BUSINESS SCR 8 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 631) on the following at this time: CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) am H Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. 1996-04-12 House Journal Page 3718 SCR 8 and CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. There being no objection, it was so ordered. Representative Vezey moved that the House recede from its amendment to CSSCR 8(RLS), namely CSSCR 8(RLS) am H, and recommended that the members vote no. The question being: Shall the House recede from its amendment to CSSCR 8(RLS)? The roll was taken with the following result: CSSCR 8(RLS) am H Recede YEAS: 1 NAYS: 34 EXCUSED: 1 ABSENT: 4 Yeas: Brown Nays: Austerman, Barnes, Brice, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Kubina Absent: Bunde, Grussendorf, Martin, Moses Barnes changed from "Yea" to "Nay". 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 to consider the above bills: 1996-04-12 House Journal Page 3719 SCR 8 Representative G.Davis, Chair Representative Porter Representative Mackie The Senate conferees are Senators Rieger (Chair), Frank and Donley. The Chief Clerk was instructed to so notify the Senate. 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 Davies - from 6:00 p.m., April 12 to 9:40 p.m., plane time, April 14, 1996 Representative Brice - from 6:00 a.m., April 15 to 9:16 p.m., plane time, April 15, 1996 Representative Williams - from 6:00 a.m., April 13 to 10:06 p.m., plane time, April 14, 1996 Representative Mackie - from 9:00 a.m., April 13 to 6:00 p.m., April 14, 1996 Representative Kohring - from 6:43 p.m., April 12 to 1:41 p.m., plane time, April 14, 1996 HB 2 Representative Kelly added his name as cosponsor to: HOUSE BILL NO. 2 An Act allowing courts to require certain offenders as a special condition of probation to complete a boot camp program provided by the Department of Corrections; making prisoners who complete the boot camp program eligible for discretionary parole; providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; allowing the 1996-04-12 House Journal Page 3720 HB 2 Department of Corrections to contract with a person for an alternative boot camp program; creating the Boot Camp Advisory Board in the Department of Corrections; and providing for an effective date. HB 354 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 354 An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and the public employees' retirement system; and providing for an effective date. SB 177 Representatives James and Kelly added their names as cross sponsors to: CS FOR SENATE BILL NO. 177(FIN) am An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. SB 289 Representative Kelly added his name as cross sponsor to: CS FOR SENATE BILL NO. 289(FIN) am An Act relating to runaways, other minors, and their families or legal custodians; and amending Rule 7, Alaska Delinquency Rules. ENGROSSMENT HB 366 CSHB 366(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 533 CSHB 533(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-04-12 House Journal Page 3721 ENROLLMENT HB 226 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:25 p.m., April 11, 1996: SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) 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. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 15, 1996. There being no objection, the House adjourned at 12:44 p.m. Suzi Lowell Chief Clerk