Legislature(1995 - 1996)
1996-04-15 House Journal
Full Journal pdf1996-04-15 House Journal Page 3729 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 15, 1996 Ninety-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:15 a.m. Roll call showed 33 members present. Representative Brice had been previously excused from a call of the House today. Representatives Finkelstein, Hanley, James, Kubina, Navarre and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Kim Poole of the Douglas United Methodist Community Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: O Source of All Love and Compassion - We pause this morning to ask for wisdom and guidance as we journey through this day with all of its responsibilities. As we enter this week around the world when people are called to remember the victims of the Holocaust, cause us to be ever mindful that each word we speak, each deed we do, each thought of our minds and hearts makes a difference. Cause us to be the ones who push evil and hate aside and encourage us to be the harbingers of peace and compassion for all people. And when we get weary from the efforts of what we do, give us rest and encouragement to continue on the path before us. Amen. 1996-04-15 House Journal Page 3730 The Pledge of Allegiance was led by Representative Willis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 96th, 97th and 98th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 62 A message dated April 12, 1996, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 62 Requesting the federal government to purchase surplus 1995 Alaska canned pink salmon. Legislative Resolve No. 44 HB 419 A message dated April 12, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE BILL NO. 419(STA) am S An Act relating to the disposal of property, including firearms and ammunition. Chapter No. 13, SLA 1996 Effective Date: July 11, 1996 1996-04-15 House Journal Page 3731 HB 523 A message dated April 12, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 523 An Act expressing the state's policy with respect to sobriety. Chapter No. 12, SLA 1996 Effective Date: July 11, 1996 SCR 28 A message dated April 12, 1996, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CONCURRENT RESOLUTION NO. 28 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. Legislative Resolve No. 45 SB 266 A message dated April 12, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 266 An Act relating to the Creamer's Field Goose Classic. Chapter No. 11, SLA 1996 Effective Date: July 11, 1996 MESSAGES FROM THE SENATE HJR 54 A message dated April 12, 1996, was read stating the Senate has passed CSHJR 54(RES) am with the following amendment and it is transmitted for consideration: 1996-04-15 House Journal Page 3732 HJR 54 SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) 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. CSHJR 54(RES) am is under Unfinished Business. **The presence of Representatives Finkelstein and Therriault was t wa noted. A message dated April 12, 1996, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 29 CS FOR SENATE CONCURRENT RESOLUTION NO. 29(FIN) am by the Senate Finance 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 Transportation Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 247 CS FOR SENATE BILL NO. 247(RLS) am(efd fld)(ct rule fld) by the Senate Rules Committee, entitled: 1996-04-15 House Journal Page 3733 SB 247 An Act restricting the use of certain funds deposited in the fish and game fund; amending Rules 79(b) and 82(b)(2), Alaska Rules of Civil Procedure, and relating to the powers and duties of the commissioner of fish and game; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 253 CS FOR SENATE BILL NO. 253(FIN) by the Senate Finance Committee, entitled: An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. was read the first time and referred to the Labor & Commerce and State Affairs Committees. SB 263 CS FOR SENATE BILL NO. 263(JUD) by the Senate Judiciary Committee, entitled: An Act relating to copyright licensing and royalties; and providing for an effective date. was read the first time and referred to the Judiciary Committee. **The presence of Representative James was noted. SB 307 CS FOR SENATE BILL NO. 307(FIN) by the Senate Finance Committee, entitled: An Act requiring the Department of Natural Resources to exchange with the federal government state land within, and adjoining, Dude Creek Critical Habitat Area for federal land adjacent to Fall Creek; and providing for an effective date. 1996-04-15 House Journal Page 3734 SB 307 was read the first time and referred to the Resources and Finance Committees. SB 316 SENATE BILL NO. 316(title am) by the Senate Labor & Commerce Committee by request, entitled: An Act changing the term `disability' to `health' in the context of insurance coverage. was read the first time and referred to the Labor & Commerce Committee. **The presence of Representatives Navarre and Kubina was noted. ted. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Public Safety Council on Domestic Violence & Sexual Assault 1995 Annual Status Report REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: Michele Brown as Commissioner of the Dept. of Environmental Conservation. The report was signed by Representative James, Chair; and Representatives Green, Porter, Willis, Ogan and Ivan. 1996-04-15 House Journal Page 3735 The report did not reflect an intent by any of the members to vote for or against the named individuals during any further session for the purposes of confirmation. HB 2 The Finance Committee has considered: 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 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. and recommends it be replaced with: CS FOR HOUSE BILL NO. 2(FIN) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Kohring, Grussendorf, Brown, Therriault No recommendation (1): Martin 1996-04-15 House Journal Page 3736 HB 2 The following fiscal note applies to CSHB 2(FIN): Fiscal note, Dept. of Corrections, 4/15/96 HB 2 was referred to the Rules Committee for placement on the calendar. HB 198 The Judiciary 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: 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 Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Finkelstein, B.Davis, Toohey, Bunde, Green The following fiscal note applies to CSHB 198(STA): Zero fiscal note, Dept. of Revenue, 4/12/96 HB 198 was referred to the Finance Committee. 1996-04-15 House Journal Page 3737 HB 393 The Finance Committee has considered: HOUSE BILL NO. 393 An Act relating to managed care for recipients of medical assistance; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 393(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Grussendorf No recommendation (3): Brown, Kelly, Therriault The following fiscal note applies to CSHB 393(FIN): Zero fiscal note, Dept. of Health & Social Services, 3/27/96 HB 393 was referred to the Rules Committee for placement on the calendar. HB 394 The Finance Committee has considered: HOUSE BILL NO. 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas 1996-04-15 House Journal Page 3738 HB 394 exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. and recommends it be replaced with: CS FOR HOUSE BILL NO. 394(FIN) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Martin, Kohring, Kelly, Therriault, Foster No recommendation (1): Grussendorf The following fiscal notes apply to CSHB 394(FIN): Fiscal note, Dept. of Natural Resources, 2/28/96 Zero fiscal note, Dept. of Environmental Conservation, 2/28/96 HB 394 is on today's calendar. HB 416 The State Affairs Committee has considered: HOUSE BILL NO. 416 An Act relating to fees or assessment of costs for certain services provided by state government, including hearing costs related to the real estate surety fund; fees for authorization to operate a 1996-04-15 House Journal Page 3739 HB 416 postsecondary educational institution or for an agent's permit to perform services for a postsecondary educational institution; administrative fees for self-insurers in workers' compensation; business license fees; fees for activities related to coastal zone management, training relating to emergency management response, regulation of pesticides and broadcast chemicals, and subdivision plans for sewage waste disposal or treatment; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 416(STA) An Act relating to fees or assessment of costs for certain services provided by state government, including hearing costs related to the real estate surety fund, fees for authorization to operate a postsecondary educational institution or for an agent's permit to perform services for a postsecondary educational institution, fees of the State Commission on Human Rights, administrative fees for self-insurers in workers' compensation, fees for evaluating or auditing applications for exploration incentive credits, fees for the use of state marine and harbor facilities, business license fees, fees for activities related to coastal zone management, fees for training relating to management of hazardous substances and emergency management response, fees for regulation of pesticides and broadcast chemicals, and fees for subdivision plans for sewage waste disposal or treatment; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): Robinson Do not pass (1): Ogan No recommendation (4): James, Porter, Green, Ivan 1996-04-15 House Journal Page 3740 HB 416 The following fiscal notes apply to CSHB 416(STA): Fiscal notes (2), Office of the Governor, 1/12/96 Fiscal note, Dept. of Commerce & Economic Development, 1/12/96 Fiscal note (2), Dept. of Environmental Conservation, 1/12/96 Fiscal note, Dept. of Labor, 1/12/96 Fiscal note, Dept. of Military & Veterans' Affairs, 1/12/96 Fiscal note, Dept. of Revenue, 1/12/96 HB 416 was referred to the Labor & Commerce Committee. HB 456 The Finance Committee has considered: HOUSE BILL NO. 456 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 456(L&C) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Martin, Kohring, Therriault, Parnell Do not pass (1): Brown No recommendation (3): Grussendorf, Kelly, Navarre The following fiscal note applies to CSHB 456(L&C): Zero fiscal note, Dept. of Environmental Conservation, 2/21/96 HB 456 was referred to the Rules Committee for placement on the calendar. 1996-04-15 House Journal Page 3741 HB 482 The State Affairs Committee has considered: HOUSE BILL NO. 482 An Act relating to state procurement practices and procedures; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 482(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Ivan, Willis No recommendation (1): James Amend (1): Ogan The following fiscal notes apply to CSHB 482(STA): Fiscal note, Dept. of Transportation & Public Facilities, 2/9/96 Fiscal note, Dept. of Administration, 2/9/96 Zero fiscal notes (2), Dept. of Administration, 2/9/96 Zero fiscal note, University of Alaska, 2/9/96 Zero fiscal note, Dept. of Revenue, 2/9/96 Zero fiscal note, Dept. of Public Safety, 2/9/96 Zero fiscal note, Dept. of Natural Resources, 2/9/96 Zero fiscal note, Dept. of Military & Veterans' Affairs, 2/9/96 Zero fiscal note, Dept. of Law, 2/9/96 Zero fiscal note, Dept. of Labor, 2/9/96 Zero fiscal note, Dept. of Health & Social Services, 2/9/96 Zero fiscal note, Office of the Governor, 2/9/96 Zero fiscal note, Dept. of Fish & Game, 2/9/96 Zero fiscal note, Dept. of Environmental Conservation, 2/9/96 Zero fiscal note, Dept. of Education, 2/9/96 Zero fiscal note, Dept. of Corrections, 2/9/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Dept. of Commerce & Economic Development, 2/9/96 1996-04-15 House Journal Page 3742 HB 482 HB 482 was referred to the Finance Committee. HB 528 The Finance Committee has considered: HOUSE BILL NO. 528 An Act relating to applications for certificates of need and licensing of nursing homes; amending the standard of review for certificates of need for health care facilities in the state; establishing a moratorium with respect to new applications by prohibiting the issuance of a certificate of need or a license for additional nursing home capacity in the state until July 1, 1998; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 528(FIN) An Act relating to applications for certificates of need and licensing of nursing homes; establishing a moratorium with respect to acceptance of new applications for a certificate of need or for a license for additional nursing home capacity in the state until May 1, 1998; establishing a working group to study and issue a report about long-term care; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Navarre, Brown, Kelly, Therriault Amend (1): Grussendorf The following fiscal note applies to CSHB 528(FIN): Zero fiscal note, Dept. of Health & Social Services, 3/18/96 HB 528 was referred to the Rules Committee for placement on the calendar. 1996-04-15 House Journal Page 3743 SB 42 The Resources Committee 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 Williams, Co-chair, with the following individual recommendations: Do pass (6): Davies, Williams, Ogan, Green, Kott, Austerman No recommendation (1): Long The following fiscal note applies: Senate zero fiscal note, Dept. of Fish & Game, 3/28/96 SSSB 42 am was referred to the Rules Committee for placement on the calendar. SB 177 The Judiciary Committee has considered: 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 177(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (1): Toohey 1996-04-15 House Journal Page 3744 SB 177 No recommendation (3): Porter, Green, Bunde Amend (1): Finkelstein, B.Davis The following fiscal notes apply to HCS CSSB 177(JUD): Senate fiscal note, Dept. of Public Safety, 4/11/96 Senate zero fiscal note, Dept. of Corrections, 3/26/96 Senate zero fiscal note, Dept. of Law, 3/6/96 CSSB 177(FIN) am was referred to the Finance Committee. SB 226 The Finance Committee has considered: CS FOR SENATE BILL NO. 226(FIN) am An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; and providing for an effective date. and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 226(FIN) An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; amending the effective date in sec. 7, ch. 56, SLA 1995; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Martin, Kohring, Kelly, Therriault 1996-04-15 House Journal Page 3745 SB 226 No recommendation (1): Grussendorf Amend (1): Brown The following fiscal note applies to HCS CSSB 226(FIN): Fiscal note, Dept. of Public Safety, 4/15/96 CSSB 226(FIN) am 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 - Mt. Edgecumbe High School Girls Basketball Team, Region V Division 3A Champions By Representative Grussendorf Honoring - Tim Brady, Associated General Contractors of America, 1995 President of the Year By Representative Vezey Honoring - Associated General Contractors of Alaska, AGC of America's 1995 Chapter of the Year By Representative Vezey Commemorating - Kids Voting Day, April 20, 1996 By Senator Frank In Memoriam - Crystal Bigge By Representative Vezey In Memoriam - Eleanor Stolen Stroecker By Representative Vezey In Memoriam - Gary Szmyd By Representative Vezey 1996-04-15 House Journal Page 3746 In Memoriam - Cavelila Andrew By Representative Ivan; Senator Hoffman In Memoriam - Patricia Gettinger By Representative Vezey In Memoriam - Mary Lou Davis By Representative Vezey CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 394 The following was read the second time: HOUSE BILL NO. 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. with the: Journal Page O&G RPT CS(O&G) NT 2DP 4NR 1AM 2909 FISCAL NOTE (DNR) 2910 ZERO FISCAL NOTE (DEC) 2910 RES RPT CS(RES) NT 2DP 4NR 1AM 3146 FISCAL NOTE (DNR) 2/28/96 3147 ZERO FISCAL NOTE (DEC) 2/28/96 3147 FIN RPT CS(FIN) NT 7DP 1NR 3737 FISCAL NOTE (DNR) 2/28/96 3738 ZERO FISCAL NOTE (DEC) 2/28/96 3738 1996-04-15 House Journal Page 3747 HB 394 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. 394(FIN) An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 4, line 6: Delete "or" Page 4, line 9, following "land": Insert "; or (C) the valid existing selections of the Alaska Mental Health Trust Authority made for the purpose of reconstituting the mental health trust established under the Alaska Mental Health Enabling Act, P.L. 84-830, 70 Stat. 709 (1956), that become subject to management under AS 38.05.801, or of land that has been designated by law for or is subject to designation for conveyance to the Alaska Mental Health Trust Authority" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-04-15 House Journal Page 3748 HB 394 CSHB 394(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 16 EXCUSED: 1 ABSENT: 6 Yeas: Brown, Davies, B.Davis, G.Davis, Elton, Grussendorf, James, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Parnell, Robinson, Therriault, Willis Nays: Austerman, Barnes, Foster, Green, Ivan, Kohring, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Toohey Excused: Brice Absent: Bunde, Finkelstein, Hanley, Kelly, Vezey, Williams And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Brown: Page 4, line 22, following determines: Insert that the land proposed for lease is geologically prospective for shallow natural gas, is within 100 miles of a community that could utilize the gas, and that Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ogan objected. **The presence of Representative Hanley was noted. Amendment to Amendment No. 2 was offered by Representative Davies: Delete 100 Insert 50 1996-04-15 House Journal Page 3749 HB 394 Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. Representative Rokeberg objected. The question being: Shall the amendment to Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment to Amendment No. 2 YEAS: 11 NAYS: 25 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Green, Long, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice Absent: Foster, Grussendorf, Masek And so, the amendment to Amendment No. 2 was not adopted. Representative Bunde moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. Representative Bunde moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Brown moved and asked unanimous consent to withdraw Amendment No. 2. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3750 HB 394 Amendment No. 3 was offered by Representative Brown: Page 5, lines 21-23, following lease.: Delete If rent is not paid when due the director shall mail the lessee written notice of nonpayment at the end of each month, while the rent remains unpaid, for a period of two months. Insert If rent is not paid when due, the director shall mail the lessee one written notice of nonpayment at least 30 days before the lease is to be terminated. Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ogan objected. Amendment to Amendment No. 3 was offered by Representative Green: Under the insertion clause following notice: Insert , certified return receipt requested, Representative Green moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, it was so ordered. The question being: Shall Amendment No. 3 as amended be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 3 as amended YEAS: 22 NAYS: 10 EXCUSED: 1 ABSENT: 7 Yeas: Brown, Bunde, Davies, B.Davis, Elton, Green, Hanley, James, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Parnell, Phillips, Robinson, Therriault, Toohey, Williams, Willis 1996-04-15 House Journal Page 3751 HB 394 Nays: Austerman, G.Davis, Foster, Ivan, Kelly, Kohring, Ogan, Porter, Rokeberg, Vezey Excused: Brice Absent: Barnes, Finkelstein, Grussendorf, Masek, Moses, Nicholia, Sanders Kelly changed from "Yea" to "Nay". And so, Amendment No. 3 as amended was adopted. Amendment No. 4 was offered by Representative Brown: Page 3, line 28, following "LEASES.", through page 4, line 9: Delete all material and insert: "(a) The provisions of this section apply only (1) to gas, whether methane associated with and derived from coal deposits or otherwise, developed from a source that is within 3,000 feet of the surface; and (2) to authorize the lease of land if the land may be subject to an oil and gas exploration license or lease issued under AS38.05.131 - 38.05.134." Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Ogan objected. Representative Ogan placed a call of the House on the bill. The call was satisfied. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 4 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 1996-04-15 House Journal Page 3752 HB 394 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brown: Page 6, line 18, following state: Insert ; (4) gas produced from the lease may not be transported out of the state or sold for use in a gas processing facility Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Ogan objected. Representative Green moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. Representative Vezey objected. The question being: Shall the question be divided? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 5 Divide YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 1996-04-15 House Journal Page 3753 HB 394 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Williams, Willis Nays: Barnes, Foster, James, Masek, Ogan, Rokeberg, Vezey Excused: Brice And so, Amendment No. 5 was divided into two parts. Part A of Amendment No. 5: Page 6, line 18, following state: Insert ; (4) gas produced from the lease may not be transported out of the state Delete or The question being: Shall Amendment No. 5, Part A be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 5, Part A YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Green, Grussendorf, Kelly, Navarre, Nicholia, Parnell, Robinson, Therriault, Toohey, Williams, Willis Nays: Austerman, Barnes, G.Davis, Foster, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Sanders, Vezey Excused: Brice And so, Part A of Amendment No. 5 was not adopted. 1996-04-15 House Journal Page 3754 HB 394 Part B of Amendment No. 5: Page 6, line 18, following state: Insert ; (4) gas produced from the lease may not be sold for use in a gas processing facility The question being: Shall Amendment No. 5, Part B be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 5, Part B YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Brown, B.Davis, Elton, Finkelstein, Grussendorf, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Part B of Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representatives Ogan and Brown: Page 6, line 13: Delete ; Insert . Page 6, lines 14-18: Delete all material Representative Ogan moved and asked unanimous consent that Amendment No. 6 be adopted. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3755 HB 394 Amendment No. 7 was offered by Representatives Ogan and Rokeberg: Page 4, line 16, following fee: Insert up to $500 Page 4, line 17: Delete or Insert and Page 4, line 18: Delete or Insert and Representative Ogan moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. Amendment to Amendment No. 7 was offered by Representative Davies: Following up to $500: Insert . Add to the amendment: Page 4, lines 16-18: Delete , as the commissioner may determine, as a condition of submitting or processing the lease application or obtaining the lease Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 7 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 7 as amended was adopted. Amendment No. 8 was offered by Representatives Rokeberg and Ogan: Page 4, line 4, following that is: Delete included in the final findings 1996-04-15 House Journal Page 3756 HB 394 Insert described in and is part Representative Rokeberg moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Brown objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 8 YEAS: 33 NAYS: 6 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Grussendorf, Nicholia, Robinson Excused: Brice And so, Amendment No. 8 was adopted. Amendment No. 9 was offered by Representative Brown: Page 4, line 22, following determines: Insert that the land proposed for lease is within 100 miles of a community that could utilize the gas, and that Representative Brown moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: 1996-04-15 House Journal Page 3757 HB 394 CSHB 394(FIN) am Second Reading Amendment No. 9 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Brown: Page 4, line 22, following determines: Insert that the land proposed for lease is geologically prospective for shallow natural gas and that Representative Brown moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Amendment No. 10 YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis 1996-04-15 House Journal Page 3758 HB 394 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, Amendment No. 10 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB394(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall CSHB 394(FIN) am be advanced to third reading on the same day? The roll was taken with the following result: CSHB 394(FIN) am Second Reading Advance to Third Reading YEAS: 26 NAYS: 13 EXCUSED: 1 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: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: Brice And so, lacking the necessary 30 votes, CSHB 394(FIN) am failed to advance and will be in third reading on tomorrow's calendar. 1996-04-15 House Journal Page 3759 ANNOUNCEMENTS The following meetings today have been changed as indicated: Judiciary Committee 1:00 pm, 4/15 meeting CHANGED TO: 1:30 p.m., 4/15 Finance Committee 1:30 pm, 4/15 meeting CHANGED TO: 1:40 p.m., 4/15 Representative Vezey moved and asked unanimous consent that the House recess until 5:00 p.m. There being no objection, the House recessed at 1:22 p.m. AFTER RECESS The Speaker called the House back to order at 5:06 p.m. A second quorum call showed 24 members present. SECOND READING OF HOUSE BILLS (Continued) HB 434 The following was read the second time: HOUSE BILL NO. 434 An Act relating to unclaimed property; and providing for an effective date. with the: Journal Page STA RPT CS(STA) 5DP 2990 ZERO FISCAL NOTE (REV) 1/19/96 2990 L&C RPT CS(L&C) 6DP 1NR 3304 ZERO FISCAL NOTE (REV) 1/19/96 3304 JUD REFERRAL WAIVED 3380 1996-04-15 House Journal Page 3760 HB 434 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. 434(L&C) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB434(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 434(L&C) was read the third time. The question being: Shall CSHB 434(L&C) pass the House? The roll was taken with the following result: CSHB 434(L&C) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, 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 Excused: Brice Absent: Finkelstein, Green, Ogan And so, CSHB 434(L&C) 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 434(L&C) was referred to the Chief Clerk for engrossment. 1996-04-15 House Journal Page 3761 HB 401 The following was read the second time: HOUSE BILL NO. 401 An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Alaska Rule of Civil Procedure 3. with the: Journal Page CRA RPT 4NR 2829 2 ZERO FISCAL NOTES (DEC, REV) 1/8/96 2829 STA RPT CS(STA) NT 5DP 3088 2 ZERO FISCAL NOTES (REV, DEC) 1/8/96 3089 RES RPT CS(RES) NT 6DP 2NR 3238 2 ZERO FISCAL NOTES (REV, DEC) 1/8/96 3239 FIN REFERRAL WAIVED 3464 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. 401(RES) An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Rule 3, Alaska Rules of Civil Procedure. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB401(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3762 HB 401 CSHB 401(RES) was read the third time. The question being: Shall CSHB 401(RES) pass the House? The roll was taken with the following result: CSHB 401(RES) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, 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 Excused: Brice Absent: Finkelstein, Green, Ogan And so, CSHB 401(RES) 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 Bunde gave notice of reconsideration of his vote on CSHB 401(RES). HB 354 The following was read the second time: 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. 1996-04-15 House Journal Page 3763 HB 354 with the: Journal Page HES RPT 3DP 2NR 2789 FISCAL NOTE (ADM) 2790 STA RPT CS(STA) 4DP 2989 FISCAL NOTE (ADM) 2/16/96 2989 FIN RPT CS(FIN) 5DP 4NR 3694 FISCAL NOTE (ADM) 2/16/96 3694 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. 354(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, line 2 after school districts (title amendment): Insert and the University of Alaska Page 1, lines 5, 11 and 13, following school districts: Insert and the University of Alaska Page 1, line 9, following school district: Insert and the University of Alaska Page 1, line 14; Page 2, lines 10, 12, 20, 22, 29; Page 3, lines 8, 9; Page 4, lines 11, 24, 26, 28; and, Page 5, lines 20 and 24, after school district: Insert or the University of Alaska Page 2, line 1 after 3": Insert -4" Page 2, line 22; and, Page 5, lines 22 and 23, following district: Insert or the University of Alaska 1996-04-15 House Journal Page 3764 HB 354 Page 4, line 14 after INCENTIVE: Insert FOR EMPLOYEES OF SCHOOL DISTRICTS Page 4, line 23: Insert a new bill section to read: Sec. 4. AUTHORIZATION FOR RETIREMENT INCENTIVE FOR EMPLOYEES OF THE UNIVERSITY OF ALASKA (a) The Board of Regents of the University of Alaska is authorized to adopt a retirement incentive plan for its employees under sec. 2 of this Act. A plan adopted under this section must permit designated employees to apply to the retirement incentive program under sec. 2 of this Act only from June 30, 1996, through no later than December 31, 1996. (b) Under a plan adopted under this section, the administrator may not accept the application of an employee unless the employee will be appointed to retirement on or before July 1, 1997. The University of Alaska may set an earlier date by which employees of the University of Alaska must be appointed to retirement in order to participate. (c) A participant in the optional university retirement program under AS 14.40.661 - 14.40.799 who is vested in the public employees retirement system or the teachers retirement system may participate in a retirement incentive plan for that system if the participant meets the other qualifications of this Act. If a provision of this subsection is inconsistent with another provision of law, the provision of this subsection governs. Renumber the following bill sections accordingly. Page 4, line 23, following SCHOOL DISTRICT: Insert OR THE UNIVERSITY OF ALASKA Page 5, line 1, following AS 22.25: Insert , or the optional university retirement program under AS 14.40.661-14.40.799 Page 5, line 22, following satisfaction of the: Insert Board of Regents or the Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. 1996-04-15 House Journal Page 3765 HB 354 Representative Martin objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 354(FIN) Second Reading Amendment No. 1 YEAS: 15 NAYS: 22 EXCUSED: 1 ABSENT: 2 Yeas: Brown, Bunde, Davies, Elton, Finkelstein, Grussendorf, James, Kelly, Kubina, Navarre, Nicholia, Robinson, Sanders, Therriault, Willis Nays: Austerman, Barnes, B.Davis, G.Davis, Foster, Hanley, Ivan, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey, Vezey, Williams Excused: Brice Absent: Green, Masek James changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB354(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 354(FIN) was read the third time. Representative Davies placed a call of the House and lifted the call. The following members declared a conflict of interest: Representative Kubina Representative Parnell Representative Davies Representative Grussendorf 1996-04-15 House Journal Page 3766 HB 354 The question being: Shall CSHB 354(FIN) pass the House? The roll was taken with the following result: CSHB 354(FIN) Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Barnes, Martin, Sanders, Vezey Excused: Brice And so, CSHB 354(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. Representative Barnes gave notice of reconsideration of her vote on CSHB 354(FIN). THIRD READING OF SENATE BILLS SB 308 The following, which was advanced to third reading from the April 12, 1996, calendar (page 3714), was read the third time: 1996-04-15 House Journal Page 3767 SB 308 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. Representative Vezey moved and asked unanimous consent that SB308 be held until the April 16, 1996, calendar. There being no objection, it was so ordered. SECOND READING OF SENATE RESOLUTIONS SJR 39 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 39(RES) Relating to the U.S. Environmental Protection Agency draft National Pollutant Discharge Elimination System general permit for placer mining in Alaska. with the: Journal Page RES RPT 3DP 3NR 3474 SENATE ZERO FISCAL NOTE (S.RES) 3/12/96 3475 Representative Vezey moved and asked unanimous consent that CSSJR39(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSJR 39(RES) was read the third time. Representative Toohey declared a conflict of interest. The question being: Shall CSSJR 39(RES) pass the House? The roll was taken with the following result: 1996-04-15 House Journal Page 3768 SJR 39 CSSJR 39(RES) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Finkelstein Excused: Brice Absent: Hanley, Moses, Sanders And so, CSSJR 39(RES) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SJR 40 The following was read the second time: 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. with the: Journal Page RES REFERRAL WAIVED 3717 Amendment No. 1 was offered by Representatives Mackie, Williams and Grussendorf: Page 2, lines 30 - 31: Delete "the 420,000,000 board feet promised by the TTRA must be made available in order to provide" 1996-04-15 House Journal Page 3769 SJR 40 Page 2, line 31, after "timber": Insert "must be made available" Page 3, line 1, after "provide": Insert "100,000,000 board feet" Page 3, after line 10: Insert "FURTHER RESOLVED that the Tongass National Forest should be managed for a healthy and diversified economy for the benefit of all users, including value-added forest products, commercial and sport fishing, seafood processing, tourism, subsistence, sport hunting, and local businesses that provide goods and services; and be it" Page 3, line 13: Delete "a minimum of 420,000,000 board feet per year is" Insert "sufficient timber be" Page 3, line 14, after "Plan": Insert "to maintain the Ketchikan Pulp Company contract, to provide 100,000,000 board feet for small business contracts, and to reopen the Wrangell facility and a by-product facility in Sitka" Representative Mackie moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Navarre and Williams: Page 2, line 29, following amortization: Insert and to provide opportunities for value-added alternatives that maximize the number of jobs and assures environmentally sound operations Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. 1996-04-15 House Journal Page 3770 SJR 40 Amendment No. 3 was offered by Representative Finkelstein: Page 2, lines 17 and 18: Delete by the failure of the United States Forest Service to meet its volume requirements under KPC's contract and the TTRA, Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Williams objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 3 YEAS: 8 NAYS: 23 EXCUSED: 1 ABSENT: 8 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Nicholia, Robinson Nays: Austerman, Barnes, G.Davis, Foster, Green, Grussendorf, Ivan, Kelly, Kohring, Long, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: Bunde, Hanley, James, Kott, Kubina, Moses, Porter, Sanders And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 2, after line 27: Insert WHEREAS as a matter of economic common sense the federal and state governments have a policy of supporting free enterprise and avoiding monopolies; and Page 3, lines 3-10: Delete all material 1996-04-15 House Journal Page 3771 SJR 40 Insert BE IT RESOLVED that the Alaska Legislature urges the Alaska Congressional Delegation, the Governor, and the United States Forest Service to take action to put out to bid additional acreage for timber harvest in the Tongass National Forest; and be it FURTHER RESOLVED that KPC should be allowed to bid on such competitive contracts. Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Williams objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 4 YEAS: 7 NAYS: 25 EXCUSED: 1 ABSENT: 7 Yeas: Brown, Davies, Elton, Finkelstein, Masek, Nicholia, Robinson Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Long, Mackie, Martin, Moses, Mulder, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: James, Kott, Kubina, Navarre, Ogan, Porter, Sanders And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Finkelstein: Page 2, lines 28-29: Delete all material Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. 1996-04-15 House Journal Page 3772 SJR 40 Representative Williams objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 5 YEAS: 9 NAYS: 26 EXCUSED: 1 ABSENT: 4 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Navarre, Nicholia, Robinson Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: James, Ogan, Porter, Sanders And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Finkelstein: Page 2, following line 22: Insert WHEREAS over the past 20 years KPC has repeatedly violated environmental laws such as the Toxic Substances Control Act, the Resource Recovery and Conservation Act, the Clean Air Act, the Clean Water Act, and state pollution control laws designed to protect public health; and WHEREAS KPC's actions have resulted in 445 violations, including convictions on one felony for intentionally violating the Clean Water Act and thirteen misdemeanor counts for illegal discharge of pollutants; and WHEREAS these violations have led to KPC's ranking as the leading source of water pollution in Alaska, Oregon, Washington, and Idaho; and 1996-04-15 House Journal Page 3773 SJR 40 WHEREAS KPC has engaged in harassment of whistle blowers who revealed their falsification of environmental test results; and Representative Finkelstein moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Mackie objected. The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 6 YEAS: 5 NAYS: 31 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Davies, Elton, Finkelstein, Robinson Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: Martin, Nicholia, Sanders And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Finkelstein: Page 2, line 28: Delete 15 Insert 10 Page 3, line 5: Delete 15 Insert 10 1996-04-15 House Journal Page 3774 SJR 40 Page 3, line 5, following years: Insert if KPC commits to converting its processing to be chlorine free and meet other environmental standards Representative Finkelstein moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 7 YEAS: 10 NAYS: 24 EXCUSED: 1 ABSENT: 5 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Masek, Navarre, Nicholia, Robinson, Therriault Nays: Austerman, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Vezey, Williams, Willis Excused: Brice Absent: Barnes, Bunde, Kubina, Sanders, Toohey And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Finkelstein: Page 2, following line 27: Insert WHEREAS selling timber at current fair market prices will maximize return to the federal government and local Alaskan governments; and Page 3, line 5, following years: Insert , require that any contract extension include timber prices that reflect current fair market value, 1996-04-15 House Journal Page 3775 SJR 40 Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Williams objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 8 YEAS: 10 NAYS: 24 EXCUSED: 1 ABSENT: 5 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Masek, Navarre, Nicholia, Robinson, Willis Nays: Austerman, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams Excused: Brice Absent: Barnes, Bunde, Kubina, Sanders, Toohey And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 2, lines 28 and 29: Delete all material. Insert WHEREAS KPC has a past history of engaging in monopolistic practices, and has been found guilty of anti-trust violations, including price fixing, collusive bidding, and forcing dozens of independent timber companies out of business; and Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. 1996-04-15 House Journal Page 3776 SJR 40 The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 9 YEAS: 5 NAYS: 28 EXCUSED: 1 ABSENT: 6 Yeas: Brown, Davies, B.Davis, Finkelstein, Robinson Nays: Austerman, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams, Willis Excused: Brice Absent: Barnes, Bunde, Kubina, Ogan, Sanders, Toohey Kelly changed from "Yea" to "Nay". Nicholia changed from "Yea" to "Nay". And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Finkelstein: Page 2, lines 28-29: Delete all material Insert WHEREAS for over twenty years KPC has a pattern of threatening layoffs and shutdowns at the same time it seeks concessions from the government and KPC employees; and Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: 1996-04-15 House Journal Page 3777 SJR 40 CSSJR 40(JUD) am H Second Reading Amendment No. 10 YEAS: 7 NAYS: 27 EXCUSED: 1 ABSENT: 5 Yeas: Brown, Davies, Finkelstein, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey, Williams Excused: Brice Absent: Bunde, Kubina, Ogan, Sanders, Toohey And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Finkelstein: Page 2, lines 13-15: Delete all material Representative Finkelstein moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: CSSJR 40(JUD) am H Second Reading Amendment No. 11 YEAS: 9 NAYS: 28 EXCUSED: 1 ABSENT: 2 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Navarre, Nicholia, Robinson 1996-04-15 House Journal Page 3778 SJR 40 Nays: Austerman, Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice Absent: Bunde, Sanders And so, Amendment No. 11 was not adopted. Representative Vezey moved and asked unanimous consent that CSSJR40(JUD) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that CSSJR 40(JUD) am H will be in third reading on the April 16, 1996, calendar. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/15 Representative Vezey moved and asked unanimous consent that the House recess until 7:45 p.m. There being no objection, the House recessed at 7:13 p.m. AFTER RECESS The House was called back to order at 7:49 p.m. 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: 1996-04-15 House Journal Page 3779 Honoring - Lucy Lorenz, AAHPERD, Northwest District Association, Elementary Physical Education Teacher of the Year By Representatives Brice, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Robinson, Therriault, Toohey, Sanders, Vezey, Willis Honoring - Abbey Brantley, Outstanding Service, Access Alaska By Representatives Brice, Davies, B.Davis, Elton, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Toohey, Sanders, Vezey, Willis Honoring - Police Officer Terrance Smith By Representatives Sanders, Phillips, Brice, B.Davis, Elton, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Toohey, Sanders, Vezey, Willis Honoring - Matthew R. Bloodgood By Representatives Sanders, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey,Vezey, Willis Honoring - Lieutenant William L. Gaither By Representatives Sanders, B.Davis, Elton, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Ogan, Porter, Robinson, Rokeberg, Sanders, Toohey,Vezey, Willis Honoring - Nora Guinn By Representatives Ivan, Phillips, B.Davis, Elton, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Toohey, Sanders, Vezey, Willis Honoring - Daniel Lee Henry By Representatives Mackie, Brice, Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Toohey, Sanders, Willis Honoring - Steve Ginnis II By Senator Lincoln; Representatives Nicholia, Brice, Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Ogan, Robinson, Rokeberg, Sanders, Willis 1996-04-15 House Journal Page 3780 In Memoriam - Joel Ramstad By Representatives Toohey, Phillips, Bunde, B.Davis, Elton, Foster, Hanley, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Porter, Robinson, Rokeberg, Therriault, Sanders, Vezey, Willis In Memoriam - Mary Siah By Representatives Brice, Phillips, Davies, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Therriault, Toohey, Sanders, Vezey, Willis In Memoriam - William Bolling By Representatives B.Davis, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Toohey, Sanders, Vezey, Willis In Memoriam - Joe Fejes By Representatives Brice, Phillips, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Therriault, Toohey, Sanders, Vezey, Willis UNFINISHED BUSINESS HJR 54 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 3221) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) am 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. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) (same title) 1996-04-15 House Journal Page 3781 HJR 54 There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHJR 54(RES) am, thus adopting SCS CSHJR 54(RES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHJR 54(RES) am? The roll was taken with the following result: SCS CSHJR 54(RES) Concur YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, 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 Excused: Brice Absent: Brown, Davies, Hanley And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 54(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 54(RES) was referred to the Chief Clerk for enrollment. HB 384 The Speaker waived the Finance Committee referral for the following at the request of Representative Foster, Co-chair: HOUSE BILL NO. 384 An Act relating to payment requirements for retention in the Pioneers' Home; and providing for an effective date. HB 384 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 1996-04-15 House Journal Page 3782 HB 406 The Speaker waived the House Special Committee on Fisheries referral for the following at the request of Representative Austerman, Chair: HOUSE BILL NO. 406 An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date. HB 406 was removed from the House Special Committee on Fisheries and referred to the Resources Committee. HB 488 The Speaker waived the Community & Regional Affairs Committee referral for the following at the request of Representative Ivan, Chair: HOUSE BILL NO. 488 An Act relating to matching funds requirements for municipal school construction grants. HB 488 was removed from the Community & Regional Affairs Committee and referred to the Health, Education & Social Services Committee. HB 490 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: HOUSE BILL NO. 490 An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. HB 490 was removed from the State Affairs Committee and referred to the Finance Committee. SCR 29 The Speaker removed the Transportation Committee referral and added a Finance Committee referral for the following: 1996-04-15 House Journal Page 3783 SCR 29 CS FOR SENATE CONCURRENT RESOLUTION NO. 29(FIN) am Objecting to the Department of Administration's settlement with certain employees of the Alaska marine highway system. SCR 29 was removed from the Transportation Committee and referred to the Finance Committee. SB 253 The Speaker added a Health, Education & Social Services Committee referral to precede the Labor & Commerce Committee referral for the following: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. SB 253 was removed from the Labor & Commerce Committee and was referred to the Health, Education & Social Services Committee. HJR 54 Representatives Elton, Toohey, Kelly, Parnell, Austerman, Long, James, Bunde, G.Davis, Porter, Mulder and Nicholia added their names as cosponsors to: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) 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. HB 2 Representative Kohring added his name as cosponsor to: 1996-04-15 House Journal Page 3784 HB 2 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 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 Representatives Kubina and G.Davis added their names as cosponsors to: CS FOR HOUSE BILL NO. 354(FIN) 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. HB 394 Representative Kubina added his name as cosponsor to: CS FOR HOUSE BILL NO. 394(FIN) am An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. SB 52 Representative Rokeberg added his name as cross sponsor to: 1996-04-15 House Journal Page 3785 SB 52 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 52(JUD) An Act providing for an advisory vote on the issue of capital punishment. SB 91 Representative Rokeberg added his name as cross sponsor to: CS FOR SENATE BILL NO. 91(HES) An Act creating the crime of criminal transmission of human immunodeficiency virus (HIV). SB 197 Representative Rokeberg added his name as cross sponsor to: 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. SB 253 Representatives Robinson and Kubina added their names as cross sponsors to: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. SB 268 Representative B.Davis added her name as cross sponsor to: 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. 1996-04-15 House Journal Page 3786 ENGROSSMENT HB 434 CSHB 434(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 526 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 526(FIN) am 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. ENGROSSMENT AND ENROLLMENT HB 32 The following was engrossed and 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 2:20 p.m., April 15, 1996: 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. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1996-04-15 House Journal Page 3787 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 16, 1996. There being no objection, the House adjourned at 8:05 p.m. Suzi Lowell Chief Clerk