Legislature(1995 - 1996)
1996-04-30 House Journal
Full Journal pdf1996-04-30 House Journal Page 4139 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 30, 1996 One Hundred Fourteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:43 a.m. Roll call showed 38 members present. Representatives Finkelstein and Hanley were absent and their presence was noted later. The invocation was offered by the Chaplain, Father Jef Johnson of the Saint Paul the Apostle Catholic Church. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: From Psalm 34: `Glorify the Lord with me, let us together extol his name. I sought the Lord and he answered me and delivered me from all my fears. Fear the Lord, you his holy ones, for nought is lacking to those who fear him. The great grow poor and hungry; but those who seek the Lord want for no good thing. Come, children, hear me; I will teach you the fear of the Lord. Which of you desires life, and takes delight in prosperous days will know him, we pray.' 1996-04-30 House Journal Page 4140 From a Prayer of Blessing: `Blessed are You, Lord, God of mercy, who through Your Son gave us a marvelous example of charity and the great commandment of love for one another. Send down Your blessings on these Your servants, who so generously devote themselves to helping others. When they are called on in times of need, let them faithfully serve You in their neighbor. We ask all this through Christ our Lord.' Amen. The Pledge of Allegiance was led by Representative Nicholia. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 113th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 226 A message dated April 29, 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 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. Chapter No. 16, SLA 1996 Effective Date: July 28, 1996 1996-04-30 House Journal Page 4141 MESSAGES FROM THE SENATE HCR 27 A message dated April 29, 1996, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 27 am Relating to prevention of teenage pregnancy by implementation of the Sugar Baby project. HCR 27 am was referred to the Chief Clerk for enrollment. HJR 65 A message dated April 29, 1996, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 65 Relating to proposed Federal Aviation Administration regulations establishing crew member flight time limitations. HJR 65 was referred to the Chief Clerk for enrollment. HB 18 A message dated April 29, 1996, was read stating the Senate has passed: HOUSE BILL NO. 18 An Act amending the statute of limitations applicable to civil actions brought against peace officers and coroners. HB 18 was referred to the Chief Clerk for enrollment. HB 22 A message dated April 29, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 22(FIN) An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. 1996-04-30 House Journal Page 4142 HB 22 CSHB 22(FIN) was referred to the Chief Clerk for enrollment. HB 265 A message dated April 29, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 265(FSH) An Act relating to the export of live dungeness crab. CSHB 265(FSH) was referred to the Chief Clerk for enrollment. HB 404 A message dated April 29, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 404(STA) An Act relating to the Board of Chiropractic Examiners; and providing for an effective date. CSHB 404(STA) was referred to the Chief Clerk for enrollment. HB 446 A message dated April 29, 1996, was read stating the Senate has passed: HOUSE BILL NO. 446 am An Act allowing home rule municipalities to bring actions for certain injunctive relief relating to nuisances. HB 446 am was referred to the Chief Clerk for enrollment. REPORTS OF STANDING COMMITTEES SB 304 The State Affairs Committee has considered: 1996-04-30 House Journal Page 4143 SB 304 CS FOR SENATE BILL NO. 304(RLS) am An Act relating to the permanent disqualification of certain individuals who have been absent from the state for payments under the longevity bonus program; relating to unpaid sabbaticals under the longevity bonus program; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Porter, Green, Ivan, Robinson, Ogan The following fiscal note applies: Senate fiscal note, Dept. of Administration, 3/15/96 CSSB 304(RLS) am was referred to the Finance Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 548 The House Special Committee on World Trade & State/Federal Relations has considered: HOUSE BILL NO. 548 An Act authorizing, approving, and ratifying the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 548(WTR) An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. The report was signed by Representative Barnes, Chair, with the following individual recommendations: 1996-04-30 House Journal Page 4144 HB 548 Do pass (5): Mackie, Phillips, Barnes, Williams, G.Davis No recommendation (1): Mulder The following fiscal notes apply to CSHB 548(WTR): Fiscal note (No. 2), House Special Committee on World Trade & State/Federal Relations Committee/Dept. of Natural Resources, 4/30/96 Fiscal note, Dept. of Natural Resources, 3/28/96 HB 548 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Arthur Hirth, Jr. By Representative Phillips In Memoriam - Larry Edward Larionoff By Senator Zharoff; Representative Austerman In Memoriam - Jack Christiansen, Sr. By Senator Zharoff; Representatives Austerman, Sanders INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 67 HOUSE JOINT RESOLUTION NO. 67 by the House Resources Committee: Relating to transit fees imposed on United States fishing vessels by Canada. 1996-04-30 House Journal Page 4145 HJR 67 was read the first time and referred to the Resources Committee and the House Special Committee on Fisheries. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 482 The following was read the second time: HOUSE BILL NO. 482 An Act relating to state procurement practices and procedures; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 1DP 5NR 1AM 3429 2 FISCAL NOTES (ADM, DOT) 2/9/96 3429 4 ZERO FNS (2-ADM, DCED, DCRA) 2/9/96 3430 4 ZERO FNS (COR, DOE, DEC, F&G) 2/9/96 3430 3 ZERO FNS (GOV, DHSS, LABOR) 2/9/96 3430 4 ZERO FNS (LAW, DMVA, DNR, DPS) 2/9/96 3430 2 ZERO FNS (REV, UA) 2/9/96 3430 STA RPT CS(STA) 4DP 1NR 1AM 3741 2 FISCAL NOTES (ADM, DOT) 2/9/96 3741 4 ZERO FNS (2-ADM, DCED, DCRA) 2/9/96 3741 4 ZERO FNS (COR, DOE, DEC, F&G) 2/9/96 3741 3 ZERO FNS (GOV, DHSS, LABOR) 2/9/96 3741 4 ZERO FNS (LAW, DMVA, DNR, DPS) 2/9/96 3741 2 ZERO FNS (REV, UA) 2/9/96 3741 FIN RPT CS(FIN) NT 3DP 8NR 4039 FISCAL NOTE (ADM) 4039 FISCAL NOTE (DOT) 2/9/96 4039 4 ZERO FNS (2-ADM, DCED, DCRA) 2/9/96 4039 4 ZERO FNS (COR, DOE, DEC, F&G) 2/9/96 4039 3 ZERO FNS (GOV, DHSS, LABOR) 2/9/96 4039 4 ZERO FNS (LAW, DMVA, DNR, DPS) 2/9/96 4039 2 ZERO FNS (REV, UA) 2/9/96 4040 1996-04-30 House Journal Page 4146 HB 482 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. 482(FIN) An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Elton and Kott: Page 15, line 2, following (34): Insert procurements by the Office of the Governor for lobbying, public relations or advertising; (35) Representative Elton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Barnes objected. **The presence of Representative Finkelstein was noted. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 482(FIN) Second Reading Amendment No. 1 YEAS: 22 NAYS: 15 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Grussendorf, James, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Parnell, Phillips, Robinson, Sanders, Williams, Willis 1996-04-30 House Journal Page 4147 HB 482 Nays: Barnes, Bunde, Foster, Green, Ivan, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Porter, Rokeberg, Toohey, Vezey Absent: Hanley, Moses, Therriault And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Rokeberg: Page 2, line 16, following (1): Delete 10" Insert 15" Page 2, line 17, following (2): Delete five" Insert 10" Representative Rokeberg moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brown objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 482(FIN) am Second Reading Amendment No. 2 YEAS: 8 NAYS: 29 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, G.Davis, Foster, Phillips, Porter, Rokeberg, Toohey, Vezey Nays: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Green, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Sanders, Therriault, Williams, Willis 1996-04-30 House Journal Page 4148 HB 482 Absent: Grussendorf, Hanley, Ivan And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB482(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 482(FIN) am was read the third time. The question being: Shall CSHB 482(FIN) am pass the House? The roll was taken with the following result: CSHB 482(FIN) am Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 0 ABSENT: 7 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Austerman, G.Davis, Hanley, Kelly, Masek, Moses, Nicholia And so, CSHB 482(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 Mulder gave notice of reconsideration of his vote on CSHB 482(FIN). SECOND READING OF SENATE BILLS SB 229 The following was read the second time: 1996-04-30 House Journal Page 4149 SB 229 CS FOR SENATE BILL NO. 229(L&C) An Act relating to employment contributions, to the calculation of unemployment insurance benefits, and to the state training and employment program; and providing for an effective date. with the: Journal Page FIN RPT 5DP 2NR 4091 2 SENATE FISCAL NOTES (DCRA) 3/20/96 4092 SEN FISCAL NOTE #7 (LABOR/ALL) 3/22/96 4092 SEN FISCAL NOTE #8 (LABOR) 3/22/96 4092 SEN ZERO FISCAL NOTE (GOV) 3/20/96 4092 Representative Vezey moved and asked unanimous consent that CSSB229(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 229(L&C) was read the third time. The question being: Shall CSSB 229(L&C) pass the House? The roll was taken with the following result: CSSB 229(L&C) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Williams, Willis Nays: Rokeberg, Vezey Absent: Foster, Hanley, Masek And so, CSSB 229(L&C) passed the House. 1996-04-30 House Journal Page 4150 SB 229 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 Sanders gave notice of reconsideration of his vote on CSSB 229(L&C). The Speaker stated the House would stand at ease for 15 minutes; and so, the House stood at ease at 11:54 a.m. AFTER AT EASE The Speaker called the House back to order at 12:23 p.m. **The presence of Representative Hanley was noted. SECOND READING OF SENATE BILLS (Continued) SB 232 The following was read the second time: CS FOR SENATE BILL NO. 232(FIN) An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals. with the: Journal Page JUD RPT HCS(JUD) 4DP 2NR 3432 3 SENATE FNS (2-REV, COR) 3/8/96 3433 2 SENATE INDETERMINATE FNS (DPS) 3/8/96 3433 SENATE FISCAL NOTE (DPS) 3/8/96 3433 SENATE ZERO FISCAL NOTE (LAW) 3/8/96 3433 FIN RPT HCS(FIN) 6DP 1DNP 1NR 3AM 3840 1996-04-30 House Journal Page 4151 SB 232 3 SENATE FNS (2-REV, COR) 3/8/96 3841 2 SENATE INDETERMINATE FNS (DPS) 3/8/96 3841 SENATE FISCAL NOTE (DPS) 3/8/96 3841 SENATE ZERO FISCAL NOTE (LAW) 3/8/96 3841 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Parnell: Page 3, lines 24-25: Delete for the operation of safe houses and shelters; Insert for grants for the operation of domestic violence and sexual assault programs; Page 4, line 8: Delete for operations of safe houses and shelters; Insert for grants for the operation of domestic violence and sexual assault programs; Representative Parnell 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 Representative Brown: Page 1, line 9: Delete "apprehension, prosecution, conviction, incarceration," Insert "incarceration" Page 2, line 6: Delete "added to" Insert "listed in" 1996-04-30 House Journal Page 4152 SB 232 Page 3, lines 22 and 23: Delete "apprehension, prosecution, conviction, incarceration," Insert "incarceration" Page 4, line 8, following "shelters;": Insert "ª,ß or" Page 4, lines 9 - 11: Delete all material. Page 4, line 12: Delete "(5)" Insert "(3)" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: HCS CSSB 232(FIN) am H Second Reading Amendment No. 2 YEAS: 30 NAYS: 8 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Ivan, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis Nays: Hanley, James, Kelly, Kohring, Mulder, Porter, Therriault, Vezey Absent: Finkelstein, Grussendorf And so, Amendment No. 2 was adopted. The Chief Clerk was instructed to make the following technical correction: 1996-04-30 House Journal Page 4153 SB 232 Page 2, line 19, following AS 11.81.900": Delete (9) Representative Vezey moved and asked unanimous consent that HCSCSSB 232(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall HCS CSSB 232(FIN) am H be advanced to third reading on the same day? The roll was taken with the following result: HCS CSSB 232(FIN) am H Second Reading Advance to Third Reading YEAS: 26 NAYS: 13 EXCUSED: 0 ABSENT: 1 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, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Grussendorf And so, lacking the necessary 30 votes, HCS CSSB 232(FIN) am H failed to advance and will be in third reading on the May 1, 1996, calendar. SB 250 The following was read the second time: CS FOR SENATE BILL NO. 250(FIN) am An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as 1996-04-30 House Journal Page 4154 SB 250 `university trust land,' and describing the principles applicable to the land's management and the development of its resources; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation. with the: Journal Page RES RPT HCS(RES) 2DP 5NR 3639 4 SEN FNS (UA, DNR, REV, F&G) 2/15/96 3639 FIN RPT HCS(FIN) 4DP 2DNP 2NR 3841 4 SENATE FNS (UA, DNR, REV, F&G) 2/15/96 3842 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 14, following line 2: Insert a new bill section to read: "* Sec. 13. AS14.40 is amended by adding a new section to read: Sec. 14.40.461. UNIVERSITY DEMONSTRATION FOREST. (a) For the purpose of advancing research into forest management practices, from land conveyed to the University of Alaska under AS14.40.365 that is suitable for the purpose, the Board of Regents shall establish a University of Alaska Demonstration Forest. (b) The demonstration forest shall be managed under (1) the principles of multiple use and sustained yield; and (2) a management plan prepared cooperatively by the University of Alaska and residents of any community within or adjacent to the demonstration forest. (c) The Board of Regents shall 1996-04-30 House Journal Page 4155 SB 250 (1) include within the demonstration forest sufficient land that is within one watershed so that management of the resources of the demonstration forest under multiple use and sustained yield principles applicable to forest land within a watershed may be fairly tested and evaluated; and (2) analyze possible timber utilization programs for the demonstration forest to illustrate how timber in the forest can be completely and profitably used, including, as much as possible, on- site or off-site value-added product manufacture in the state. (d) The information generated as a result of management of the demonstration forest established under this section is public information, and the Board of Regents shall compile, analyze, and distribute the information for the benefit of the timber industry and the state and federal governments. (e) In this section, "sustained yield" has the meaning given that term in AS41.17.950." Renumber the following bill sections accordingly. Page 15, line 31: Delete "16" Insert "17" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. Amendment to Amendment No. 1 was offered by Representative Therriault: Under subsection (a), following Board of Regents: Delete shall Insert may Representative Martin objected. The question being: Shall the amendment to Amendment No. 1 be adopted? The roll was taken with the following result: 1996-04-30 House Journal Page 4156 SB 250 HCS CSSB 250(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 13 NAYS: 25 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, G.Davis, Ivan, James, Kelly, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey Nays: Austerman, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Kohring, Kott, Kubina, Long, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Robinson, Toohey, Williams, Willis Absent: Brice, Mackie And so, the amendment to Amendment No. 1 was not adopted. Representative Kelly placed a call of the House. The call was satisfied. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 250(FIN) Second Reading Amendment No. 1 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Williams, Willis Nays: 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 And so, Amendment No. 1 was not adopted. 1996-04-30 House Journal Page 4157 SB 250 Amendment No. 2 was offered by Representative Davies: Page 10, line 30, following 31,: Delete 2016" Insert 2003" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Navarre objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: HCS CSSB 250(FIN) Second Reading Amendment No. 2 YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Kelly, Kubina, Long, Mackie, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Martin, Mulder, Navarre, Vezey, Willis And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Davies: Page 11, line 4, following "Alaska.": Insert "Tideland and submerged land that is conveyed to the University of Alaska under AS14.40.365(d) may not, after its conveyance, be sold." Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Vezey objected. 1996-04-30 House Journal Page 4158 SB 250 The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: HCS CSSB 250(FIN) am H Second Reading Amendment No. 3 YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Williams, Willis Nays: Barnes, Bunde, James, Kelly, Kohring, Martin, Masek, Moses, Ogan, Rokeberg, Vezey And so, Amendment No. 3 was adopted. Representative Kelly lifted the call. Representative Vezey moved and asked unanimous consent that HCSCSSB 250(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 250(FIN) am H will be in third reading on the May 1, 1996, calendar. ANNOUNCEMENTS The following meeting today has been changed as indicated: Community & Regional Affairs 1:00 pm, 4/30 meeting CHANGED TO: 1:30 pm, 4/30 Representative Vezey moved and asked unanimous consent that the House recess until 7:00 p.m. There being no objection, the House recessed at 1:14 p.m. 1996-04-30 House Journal Page 4159 AFTER RECESS The House was called back to order at 7:13 p.m. A second quorum call showed 23 members present. SECOND READING OF SENATE BILLS (Continued) SB 296 The following was read the second time: CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses. with the: Journal Page JUD RPT HCS(JUD) 4DP 1DNP 2NR 4043 2 SEN ZERO FNS (DHSS, DPS) 4/16/96 4043 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSCSSB 296(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 296(JUD) was read the third time. 1996-04-30 House Journal Page 4160 SB 296 Representative Brown placed a call of the House and lifted the call. The Speaker restated the advancement motion. There being no objection, it was so ordered. The question being: Shall HCS CSSB 296(JUD) pass the House? The roll was taken with the following result: HCS CSSB 296(JUD) Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: James, Kubina, Vezey And so, HCS CSSB 296(JUD) passed the House and was referred to the Chief Clerk for engrossment. SB 321 The following was read the second time: SENATE BILL NO. 321 am An Act relating to incompetency to stand trial. with the: Journal Page JUD RPT HCS(JUD) 4DP 1NR 3957 INDETERMINATE FISCAL NOTE (COURT) 3958 ZERO FISCAL NOTE (DHSS) 3958 2 SENATE ZERO FNS (LAW, ADM) 4/11/96 3958 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1996-04-30 House Journal Page 4161 SB 321 HOUSE CS FOR SENATE BILL NO. 321(JUD) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSSB 321(JUD) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall HCS SB 321(JUD) be advanced to third reading on the same day? The roll was taken with the following result: HCS SB 321(JUD) 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, HCS SB 321(JUD) will be in third reading on the May 1, 1996, calendar. THIRD READING OF SENATE BILLS SB 194 The following, which was advanced to third reading from the April 29, 1996, calendar (page 4115), was read the third time: 1996-04-30 House Journal Page 4162 SB 194 CS FOR SENATE BILL NO. 194(JUD) An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for an effective date. The question being: Shall CSSB 194(JUD) pass the House? The roll was taken with the following result: CSSB 194(JUD) Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Kubina And so, CSSB 194(JUD) 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. Representative Brown objected and withdrew the objection. There being no further 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. Representative Brown gave notice of reconsideration of her vote on CSSB194(JUD). 1996-04-30 House Journal Page 4163 SECOND READING OF HOUSE RESOLUTIONS HCR 35 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 35 Relating to support for the Alaska Community College system within the University of Alaska. with the: Journal Page L&C RPT CS(L&C) 7DP 4036 ZERO FISCAL NOTE (H.L&C/DOE) 4036 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(L&C) (same title) There being no objection, it was so ordered. Representative Davies rose to a point of order regarding debate. The Speaker cautioned members to keep debate on the resolution. Amendment No. 1 was offered by Representative Brown: Page 2, line 18: Delete developing a plan for the restoration of Insert evaluating whether to restore Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-04-30 House Journal Page 4164 HCR 35 CSHCR 35(L&C) Second Reading Amendment No. 1 YEAS: 29 NAYS: 9 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, Kelly, Kott, Kubina, Mackie, Martin, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Williams, Willis Nays: Bunde, James, Kohring, Long, Masek, Ogan, Sanders, Toohey, Vezey Absent: Grussendorf, Nicholia And so, Amendment No. 1 was adopted. The question being: Shall CSHCR 35(L&C) am pass the House? The roll was taken with the following result: CSHCR 35(L&C) am Second Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Kohring, Martin, Ogan, Vezey Absent: Grussendorf, Nicholia And so, CSHCR 35(L&C) am passed the House and was referred to the Chief Clerk for engrossment. 1996-04-30 House Journal Page 4165 The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 154 The Judiciary Committee has considered: HOUSE BILL NO. 154 An Act requiring the Department of Law to provide guidelines regarding unconstitutional state and municipal takings of private real property; relating to the taxation of private real property taken unconstitutionally by state or municipal action; establishing a time limit for bringing an action for an unconstitutional state or municipal taking of private real property; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 154(JUD) An Act relating to state regulatory actions relating to or affecting private property; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (1): Vezey Do not pass (1): Finkelstein No recommendation (4): Porter, Green, Bunde, Toohey The following fiscal notes apply to CSHB 154(JUD): Fiscal note, Office of the Governor, 4/30/96 Fiscal note, Dept. of Fish & Game, 4/30/96 Fiscal note, Dept. of Transportation & Public Facilities, 4/30/96 Indeterminate fiscal note, Dept. of Corrections, 4/30/96 Indeterminate fiscal note, Dept. of Environmental Conservation, 4/30/96 Indeterminate fiscal note, Dept. of Law, 4/30/96 1996-04-30 House Journal Page 4166 HB 154 Indeterminate fiscal note, Dept. of Revenue, 4/30/96 Zero fiscal note, Dept. of Community & Regional Affairs, 4/30/96 Zero fiscal note, Dept. of Natural Resources, 4/30/96 HB 154 was referred to the Finance Committee. HB 548 The Finance Committee has considered: HOUSE BILL NO. 548 An Act authorizing, approving, and ratifying the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 548(WTR) An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (5): Mulder, Martin, Parnell, Kohring, Hanley Do not pass (1): Brown No recommendation (2): Therriault, Navarre The following fiscal notes apply to CSHB 548(WTR): Fiscal note (No. 3), Dept. of Natural Resources, 4/30/96 Fiscal note (No. 2), House Special Committee on World Trade and State/Federal Relations/Dept. of Natural Resources, 4/30/96 HB 548 was referred to the Rules Committee for placement on the calendar. SB 43 The Labor & Commerce Committee has considered: 1996-04-30 House Journal Page 4167 SB 43 CS FOR SENATE BILL NO. 43(L&C) An Act relating to registration by the Board of Registration for Architects, Engineers, and Land Surveyors; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; and amending the definition of `practice of land surveying.' The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Rokeberg, Kott No recommendation (3): Elton, Kubina, Masek The following fiscal note applies: Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/12/96 CSSB 43(L&C) was referred to the Judiciary Committee. SB 244 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 244(FIN) am An Act relating to transportation of public school students; relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date. and recommends it be replaced with the following committee substitute with a title change authorized by a concurrent resolution: HOUSE CS FOR CS FOR SENATE BILL NO. 244(HES) An Act relating to school construction grants; relating to state foundation aid and supplementary state aid for education; and providing for an effective date. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: 1996-04-30 House Journal Page 4168 SB 244 Do pass (3): Bunde, Toohey, Robinson No recommendation (3): G.Davis, Rokeberg, Brice The following fiscal note applies to HCS CSSB 244(HES): Senate fiscal note, Dept. of Education, 4/11/96 CSSB 244(FIN) am was referred to the Finance Committee. SB 253 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kubina, Elton No recommendation (4): Rokeberg, Masek, Porter, Kott The following fiscal notes apply: Senate zero fiscal note, Dept. of Administration/All Departments, 4/3/96 Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/14/96 CSSB 253(FIN) was referred to the State Affairs Committee. SB 287 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 287(FIN) An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date. 1996-04-30 House Journal Page 4169 SB 287 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 287(CRA) (same title) The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (4): Austerman, Ivan, Kott, Vezey No recommendation (2): Elton, Nicholia The following fiscal note applies to HCS CSSB 287(CRA): Senate fiscal note, Dept. of Community & Regional Affairs, 4/22/96 CSSB 287(FIN) was referred to the Finance Committee. 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 - 1996 Arctic Winter Games, Team Alaska, Senate District L Participants By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, B.Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Sports Division By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-04-30 House Journal Page 4170 Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Staff By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Sport Committees By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Protocol Division By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown Davies B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Finance and Administration Division By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Cultural Division By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-04-30 House Journal Page 4171 Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Village Services Division By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Honoring - 1996 Arctic Winter Games, Chugiak-Eagle River Host Society Public Relations Division By Senators Phillips, Halford; Representatives Willis, Kott, Mulder, Phillips, Brice, Brown, Davies, B.Davis, Elton, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams In Memoriam - Robert J. Piacenza, Ph.D. By Representatives Davies, Phillips, Brice, Brown, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Nicholia, Ogan, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - La Rue Near By Representatives Brice, Phillips, Brown, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Nicholia, Ogan, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis UNFINISHED BUSINESS SB 6 The Speaker appointed the following members to a second Free Conference Committee: Representative Austerman, Chair Representative Long Representative Therriault to consider: 1996-04-30 House Journal Page 4172 SB 6 HOUSE CS FOR SENATE BILL NO. 6(CRA) An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. and SENATE BILL NO. 6 am (same title) The Chief Clerk was instructed to so notify the Senate. The First Free Conference Committee was automatically discharged when the House failed to adopt the Free Conference Committee report (page 4127). HB 93 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4088) on the following at this time: HOUSE BILL NO. 93 am An Act relating to the duty-free mealtime for teachers in certain school facilities. and SENATE CS FOR HOUSE BILL NO. 93(HES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to HB 93 am, thus adopting SCS HB 93(HES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to HB 93 am? The roll was taken with the following result: 1996-04-30 House Journal Page 4173 HB 93 SCS HB 93(HES) Concur YEAS: 16 NAYS: 20 EXCUSED: 0 ABSENT: 4 Yeas: Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Moses, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Austerman, Barnes, Brice, Brown, Davies, Elton, Grussendorf, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Parnell, Robinson, Willis Absent: B.Davis, Finkelstein, Hanley, Sanders And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS HB 93(HES). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. HB 547 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4031) on the following at this time: CS FOR HOUSE BILL NO. 547(RES) am An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date. and CS FOR HOUSE BILL NO. 547(RES) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 547(RES) am, thus adopting CSHB 547(RES) am S, and recommended that the members vote yes. 1996-04-30 House Journal Page 4174 HB 547 The question being: Shall the House concur in the Senate amendment to CSHB 547(RES) am? The roll was taken with the following result: CSHB 547(RES) am S Concur YEAS: 34 NAYS: 2 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Austerman, Grussendorf Absent: B.Davis, Finkelstein, Hanley, Sanders And so, the House concurred in the Senate amendment, thus adopting CSHB 547(RES) am S. 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. The Chief Clerk was instructed to so notify the Senate. CSHB 547(RES) am S was referred to the Chief Clerk for enrollment. HJR 59 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4087) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the 1996-04-30 House Journal Page 4175 HJR 59 philosophy of the Agency's 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHJR 59(RES), thus adopting SCS CSHJR 59(RES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHJR 59(RES)? The roll was taken with the following result: SCS CSHJR 59(RES) Concur YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Bunde, Davies, G.Davis, Elton, 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 Nays: Brown Absent: B.Davis, Finkelstein, Hanley And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 59(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 59(RES) was referred to the Chief Clerk for enrollment. 1996-04-30 House Journal Page 4176 HJR 60 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4088) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Relating to Revised Statute 2477 rights-of-way. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHJR 60(RES), thus adopting SCS CSHJR 60(RES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHJR 60(RES)? The roll was taken with the following result: SCS CSHJR 60(RES) Concur YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton, 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 Nays: Finkelstein Absent: Brice, B.Davis, Hanley And so, the House concurred in the Senate amendment, thus adopting SCS CSHJR 60(RES). The Chief Clerk was instructed to so notify the Senate. 1996-04-30 House Journal Page 4177 HJR 60 SCS CSHJR 60(RES) was referred to the Chief Clerk for enrollment. HB 465 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4031) on the following at this time: CS FOR HOUSE BILL NO. 465(HES) am An Act relating to employment of teachers and school administrators and to public school collective bargaining. and SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S An Act relating to employment of teachers and school administrators and to public school collective bargaining; and providing for an effective date. (technical title change) There being no objection, it was so ordered. Representative Vezey placed a call of the House and lifted the call. Representative Vezey moved that the House concur in the Senate amendment to CSHB 465(HES) am, thus adopting SCS CSHB 465(RLS) am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 465(HES) am? The roll was taken with the following result: SCS CSHB 465(RLS) am S Concur YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-04-30 House Journal Page 4178 HB 465 Nays: Kelly Absent: B.Davis, Hanley And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 465(RLS) am S. 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 465(RLS) am S was referred to the Chief Clerk for enrollment. HB 93 The House failed to concur in the Senate amendment to HB 93 am (page 4173), namely: SENATE CS FOR HOUSE BILL NO. 93(HES) An Act relating to the duty-free mealtime for teachers in certain school facilities. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative James, Chair Representative Mulder Representative Kubina The Chief Clerk was instructed to notify the Senate. HB 407 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Porter, Chair: HOUSE BILL NO. 407 An Act relating to discrimination by certain insurers against a person with a genetic defect. 1996-04-30 House Journal Page 4179 HB 407 HB 407 was removed from the Judiciary Committee and referred to the Finance Committee. SB 180 The Speaker waived the Resources Committee referral for the following at the request of Representative Williams, Co-chair: CS FOR SENATE BILL NO. 180(FIN) An Act authorizing the commissioner of natural resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development. CSSB 180(FIN) was removed from the Resources Committee and referred to the Finance Committee. HJR 59 Representative Ogan added his name as cosponsor to: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 59(RES) Respectfully requesting the Environmental Protection Agency to issue a final National Pollutant Discharge Elimination System permit for Cook Inlet oil and gas operations that omits the incremental permittee monitoring and reporting obligations identified in the Agency's draft permit and, consistent with the philosophy of the Agenc''s 1996 National Water Program Agenda, allows the permittees to operate under pollutant discharge monitoring and reporting requirements that are not more rigorous than those requirements of the Cook Inlet National Pollutant Discharge Elimination System permit in place. HB 154 Representative Therriault added his name as cosponsor to: 1996-04-30 House Journal Page 4180 HB 154 HOUSE BILL NO. 154 An Act requiring the Department of Law to provide guidelines regarding unconstitutional state and municipal takings of private real property; relating to the taxation of private real property taken unconstitutionally by state or municipal action; establishing a time limit for bringing an action for an unconstitutional state or municipal taking of private real property; and providing for an effective date. HB 276 Representative Rokeberg added his name as cosponsor to: HOUSE BILL NO. 276 An Act relating to legislative per diem; and providing for an effective date. SB 177 Representative Ogan added his name as cross sponsor 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 194 Representative Rokeberg added his name as cross sponsor to: CS FOR SENATE BILL NO. 194(JUD) An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for an effective date. SB 253 Representative Rokeberg added his name as cross sponsor to: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. 1996-04-30 House Journal Page 4181 SB 296 Representatives Brown and Rokeberg added their names as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses. SB 181 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising. ENGROSSMENT HCR 35 CSHCR 35(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 47 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 JOINT RESOLUTION NO. 47(STA) Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. HB 91 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: 1996-04-30 House Journal Page 4182 HB 91 CS FOR HOUSE BILL NO. 91(RES) am An Act relating to hunting in marine park units of the Alaska state park system, amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system. SB 274 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: HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities. SB 296 HCS CSSB 296(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus Upon adj., 4/30 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 1, 1996. There being no objection, the House adjourned at 9:01 p.m. Suzi Lowell Chief Clerk