Legislature(1995 - 1996)
1996-05-03 House Journal
Full Journal pdf1996-05-03 House Journal Page 4289 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday May 3, 1996 One Hundred Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:38 a.m. Roll call showed 35 members present. Representatives Brown, Finkelstein, Hanley, Parnell and Sanders were absent and their presence was noted later. The invocation was offered by the Chaplain, Jef Johnson of the Saint Paul the Apostle Catholic Church. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God, All that You have created and sustain, all the events You guide, all human works that are good and have a good purpose, prompt those who believe to praise and bless the Lord with hearts and voices. You are the source and origin of every blessing. In You all things work together for the good of those who fear and love You. We are sure that in all things, we must seek Your help, so that in complete reliance on Your good will, we may do everything to Your glory. 1996-05-03 House Journal Page 4290 Graciously hear our prayers, lay Your blessing on those gathered here. Let them always see You as the good surpassing every good and through their deliberations love their neighbors with upright hearts. We ask all this in Your Glorious Name. Amen. The Pledge of Allegiance was led by Representative Kohring. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HCR 32 A message dated May 2, 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 CONCURRENT RESOLUTION NO. 32 Establishing YUKLA 27 Remembrance Day. Legislative Resolve No. 49 HB 32 A message dated May 2, 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: 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. Chapter No. 18, SLA 1996 Effective Date: See Chapter 1996-05-03 House Journal Page 4291 SCR 25 A message dated May 2, 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. 25 Relating to supporting home schooling and establishing Alaska Home Education Week. Legislative Resolve No. 53 SCR 27 A message dated May 2, 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. 27 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 335, relating to the Big Game Commercial Services Board and the occupations regulated by the board. Legislative Resolve No. 51 SJR 39 A message dated May 2, 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: 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. Legislative Resolve No. 47 SJR 40 A message dated May 2, 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: 1996-05-03 House Journal Page 4292 SJR 40 CS FOR SENATE JOINT RESOLUTION NO. 40(JUD) am H Relating to extension of the United States Forest Service timber sale contract with the Ketchikan Pulp Company. Legislative Resolve No. 48 SB 300 A message dated May 2, 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. 300 An Act relating to the Uniform Commercial Code, primarily to investment securities; amending Rule 8(d), Alaska Rules of Civil Procedure; and providing for an effective date. Chapter No. 17, SLA 1996 Effective Date: January 1, 1997 SB 312 A message dated May 2, 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. 312 An Act relating to purchase of an alcoholic beverage from a package store. Chapter No. 19, SLA 1996 Effective Date: June 31, 1996 MESSAGES FROM THE SENATE HB 468 A message dated May 1, 1996, was read stating the Senate respectfully requests the return of the following bill: 1996-05-03 House Journal Page 4293 HB 468 SENATE CS FOR CS FOR HOUSE BILL NO. 468(FIN) am S An Act making supplemental appropriations for the expenses of state government and making and amending appropriations; ratifying certain state expenditures; and providing for an effective date. SCS CSHB 468(FIN) am S was returned to the Senate. **The presence of Representative Parnell was noted. HB 75 A message dated May 2, 1996, was read stating the Senate has passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 75(FIN) An Act relating to vehicle theft and the consequences of vehicle theft, including revocation of a driver's license, privilege to drive, or privilege to obtain a license; amending Rule 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. CSSSHB 75(FIN) was referred to the Chief Clerk for enrollment. HB 515 A message dated May 2, 1996, was read stating the Senate has passed: HOUSE BILL NO. 515 am An Act repealing a restriction on the use of youth residential services grants that prohibits use of the grants for capital assets; and providing for an effective date. HB 515 am was referred to the Chief Clerk for enrollment. HB 104 A message dated May 2, 1996, was read stating the Senate has passed CSSSHB 104(JUD) am with the following amendment and it is transmitted for consideration: 1996-05-03 House Journal Page 4294 HB 104 SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) An Act relating to disclosures of information about certain minors. CSSSHB 104(JUD) am is under Unfinished Business. HB 158 A message dated May 2, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld) An Act relating to civil actions; amending Alaska Rule of Civil Procedure 95. with the following amendment with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S(ct rls fld S) An Act relating to civil actions. CSHB 158(FIN) am(ct rls pfld)(efd fld) is under Unfinished Business. HB 272 A message dated May 2, 1996, was read stating the Senate has passed CSHB 272(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) am S An Act relating to municipal taxation of motor vehicles; and providing for an effective date. CSHB 272(FIN) is under Unfinished Business. 1996-05-03 House Journal Page 4295 HB 393 A message dated May 2, 1996, was read stating the Senate has passed CSHB 393(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) An Act relating to managed care for recipients of medical assistance; and providing for an effective date. CSHB 393(FIN) is under Unfinished Business. SB 232 A message dated May 2, 1996, was read stating the Senate has concurred in the House amendment to: 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. thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H A message dated May 2, 1996, was read stating the Senate has pas s pa the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 21 SENATE CONCURRENT RESOLUTION NO. 21 by the Senate Judiciary Committee: 1996-05-03 House Journal Page 4296 SCR 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 292, relating to searches by peace officers who enforce fish and game laws, to false statements and omissions in regard to application for fish and game licenses, tags, and permits, and to nonresident hunters. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Sanders was noted. REPORTS OF STANDING COMMITTEES The Resources Committee has reviewed the qualifications of the following and recommends the appointment be forwarded to a joint session for consideration: J. David Norton, P.E. as a member of the Alaska Oil and Gas Conservation Commission. The report was signed by Representatives Green and Williams, Co- chairs; and Representatives Ogan, Kott, Davies, Nicholia, Austerman and Long. The report did not reflect an intent by any of the members to vote for or against the named individual during any further session for the purposes of confirmation. SB 43 The Judiciary Committee has considered: 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.' 1996-05-03 House Journal Page 4297 SB 43 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Green, Bunde, Toohey, Finkelstein, B.Davis No recommendation (1): Vezey 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 Rules Committee for placement on the calendar. **The presence of Representative Brown was noted. SB 134 The Finance Committee has considered: SENATE BILL NO. 134 am An Act establishing an endowment for the Robert B. Atwood journalism chair at the University of Alaska Anchorage; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co-chair, with the following individual recommendations: Do pass (9): Foster, Martin, Parnell, Kohring, Grussendorf, Navarre, Brown, Kelly, Hanley 1996-05-03 House Journal Page 4298 SB 134 The following fiscal note applies: Senate zero fiscal note, Senate Finance Committee/University of Alaska, 2/23/96 SB 134 am was referred to the Rules Committee for placement on the calendar. SB 180 The Finance Committee has considered: 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 180(FIN) (same title) The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (4): Foster, Grussendorf, Kelly, Therriault No recommendation (3): Kohring, Navarre, Parnell The following fiscal notes apply to HCS CSSB 180(FIN): Senate fiscal note, Dept. of Natural Resources, 4/26/96 Senate zero fiscal note, University of Alaska, 4/22/96 Senate zero fiscal note, Dept. of Community & Regional Affairs, 4/23/96 1996-05-03 House Journal Page 4299 SB 180 CSSB 180(FIN) was referred to the Rules Committee for placement on the calendar. SB 244 The Finance 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: HOUSE CS FOR CS FOR SENATE BILL NO. 244(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Martin, Hanley, Parnell, Kohring, Navarre, Kelly, Therriault No recommendation (1): Brown Amend (2): Foster, Grussendorf The following fiscal note applies to HCS CSSB 244(FIN): Senate fiscal note, Dept. of Education, 4/11/96 CSSB 244(FIN) am was referred to the Rules Committee for placement on the calendar. SB 257 The Judiciary Committee has considered: 1996-05-03 House Journal Page 4300 SB 257 SENATE BILL NO. 257 am An Act relating to the taking of game or fish for public safety purposes. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, B.Davis, Bunde, Toohey No recommendation (1): Finkelstein The following fiscal notes apply: Senate zero fiscal notes (2), Dept. of Public Safety,, 3/25/96 Senate zero fiscal note, Dept. of Fish & Game, 2/21/96 SB 257 am was referred to the Rules Committee for placement on the calendar. SB 289 The Finance Committee has considered: CS FOR SENATE BILL NO. 289(FIN) am An Act relating to runaways, other minors, and their families or legal custodians; and amending Rule 7, Alaska Delinquency Rules. and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 289(FIN) An Act relating to runaways, other minors, and their families or legal custodians. The report was signed by Representative Foster, Co-chair, with the following individual recommendations: 1996-05-03 House Journal Page 4301 SB 289 Do pass (7): Foster, Martin, Parnell, Kohring, Grussendorf, Therriault, Kelly No recommendation (1): Brown The following fiscal notes apply to HCS CSSB 289(FIN): Fiscal note, Dept. of Administration, 5/2/96 Fiscal notes (2), Dept. of Health & Social Services, 5/2/96 Fiscal note, Dept. of Law, 5/2/96 Fiscal note, Alaska Court System, 5/2/96 Fiscal note, Dept. of Health & Social Services, 4/24/96 CSSB 289(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 - Cliff Lobaugh, D.V.M. By Representatives Robinson, Elton; Senator Duncan Commemorating - Alaska Garden Week, June 2-8, 1996 By Representatives Robinson, Elton; Senator Duncan Honoring - Kaari M. Firor By Representative James Honoring - Sergeant David M. Larson, Fort Wainwright NCO of the Year By Representative Vezey Honoring - Peter William Amundson By Representative Williams; Senator Taylor Honoring - Calvin Charlie and the Minto Lakers Boys Basketball Team By Representative Nicholia; Senator Lincoln 1996-05-03 House Journal Page 4302 Honoring - Bill Stevens, Chadzah Aghwaa By Representative Nicholia; Senator Lincoln Honoring - Emergency Medical Services By Representative Nicholia; Senator Lincoln Honoring - Richard Dick Stoffel, for Outstanding Community Service By Representative Kohring Honoring - Garland Kayo McGillivray By Representatives Navarre, Phillips, G.Davis; Senator Salo Honoring - Leo & Beverly Walsh, 40 Years in Business in Alaska By Senator Leman Honoring - Rosemary Pinky Kimlinger By Senator Duncan; Representatives Elton, Robinson Honoring - Alaska State Park Volunteers By Senator Lincoln; Representatives Kubina, Nicholia Honoring - Beverly Reaume By Senator Duncan; Representatives Elton, Robinson Honoring - Linda Reishus By Senator Duncan; Representatives Elton, Robinson In Memoriam - Joseph R. Wortman By Representatives Foster, Kelly In Memoriam - Philip R. Jones, Sr. By Representative Vezey In Memoriam - Fred Terwilliger By Representative Nicholia; Senator Lincoln In Memoriam - Juergen Kienle By Representative Davies 1996-05-03 House Journal Page 4303 In Memoriam - Hazel E. Menke By Representative Nicholia; Senator Lincoln In Memoriam - Arthur Matthew By Representative Nicholia; Senator Lincoln In Memoriam - Sarah Gabriel By Representative Nicholia; Senator Lincoln In Memoriam - Bill Shem Pete By Representative Nicholia; Senator Lincoln In Memoriam - Ronald Marvin Warbelow By Representative Nicholia; Senator Lincoln In Memoriam - Frances Winifred Hawley Demientieff By Senator Lincoln; Representative Nicholia RECONSIDERATION HB 136 Representative Willis brought up reconsideration of the vote on CSHB 136(FIN) am(fld H) (page 4276). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 136(FIN) AM An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state; and providing for an effective date. Representative Barnes placed a call of the House. **The presence of Representatives Hanley and Finkelstein was noted. Representative Navarre rose to a point of order regarding debate. The Speaker cautioned the member. The call was satisfied. 1996-05-03 House Journal Page 4304 HB 136 The question to be reconsidered: Shall CSHB 136(FIN) am pass the House? The roll was taken with the following result: CSHB 136(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Foster, Green, Grussendorf, Hanley, Ivan, Kott, Long, Martin, Masek, Mulder, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, James, Kelly, Kohring, Kubina, Mackie, Moses, Navarre, Nicholia, Ogan, Parnell, Robinson, Therriault, Willis And so, CSHB 136(FIN) am failed to pass the House on reconsideration and was referred to the Chief Clerk for permanent filing. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 264 The following was read the second time: CS FOR SENATE BILL NO. 264(JUD) An Act limiting the authority of courts to suspend the imposition of sentence in criminal cases. with the: Journal Page JUD RPT 5DP 2NR 4125 INDETERMINATE SEN FN (COURT) 4/15/96 4125 Representative Vezey moved and asked unanimous consent that CSSB264(JUD) be considered engrossed, advanced to third reading and placed on final passage. 1996-05-03 House Journal Page 4305 SB 264 Representative Navarre objected. The Speaker stated that CSSB 264(JUD) will be in third reading on the May 4, 1996, calendar. SB 320 The following was read the second time: SENATE BILL NO. 320 An Act increasing the number of superior court judges designated for the Third Judicial District to provide an additional superior court judge at Dillingham. with the: Journal Page JUD RPT 5DP 2NR 4044 SENATE FISCAL NOTE (COURT) 4/15/96 4044 FIN RPT 8DP 1NR 4208 FISCAL NOTE (ADM) 4209 SENATE FISCAL NOTE (COURT) 4/15/96 4209 Representative Vezey moved and asked unanimous consent that SB320 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 320 was read the third time. The question being: Shall SB 320 pass the House? The roll was taken with the following result: SB 320 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Brown, Bunde, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-05-03 House Journal Page 4306 SB 320 Absent: Davies, B.Davis, Hanley, Moses, Mulder, Rokeberg And so, SB 320 passed the House. Representative Navarre gave notice of reconsideration of his vote on SB 320. SB 230 The following was read the second time: CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. with the: Journal Page RES RPT 5DP 1DNP 3NR 3701 SENATE FISCAL NOTE (DNR) 3/28/96 3701 FIN RPT HCS(FIN) 6DP 1DNP 1NR 2AM 3953 SENATE FISCAL NOTE (DNR) 3/28/96 3954 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. 230(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative James: Page 7, line 19: Delete "permit reasonable access by" Insert "allow access, without a permit, by fixed-wing or rotor" 1996-05-03 House Journal Page 4307 SB 230 Representative James moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Finkelstein objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 230(FIN) Second Reading Amendment No. 1 YEAS: 24 NAYS: 14 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Long, Masek, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Nays: Austerman, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Martin, Navarre, Nicholia, Robinson, Therriault, Willis Absent: Hanley, Mulder And so, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that the House recess to 1:00 p.m. There being no objection, the House recessed at 11:57 a.m. AFTER RECESS The Speaker called the House back to order at 1:22 p.m. A second quorum call showed 26 members present. 1996-05-03 House Journal Page 4308 SECOND READING OF SENATE BILLS (Continued) SB 230 The Speaker stated that, without objection, Amendment No. 2 would be addressed after Amendment No. 3. Amendment No. 3 was offered by Representative Davies by request: Page 7, lines 7-26: Delete all material Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative James objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: HCS CSSB 230(FIN) am H Second Reading Amendment No. 3 YEAS: 6 NAYS: 29 EXCUSED: 0 ABSENT: 5 Yeas: Brown, Davies, B.Davis, Elton, Navarre, Robinson Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Absent: Finkelstein, Hanley, Kubina, Ogan, Therriault And so, Amendment No. 3 was not adopted. 1996-05-03 House Journal Page 4309 SB 230 Amendment No. 2 was offered by Representative Vezey: Page 7, line 20: Delete "nonmechanized" Following "mining" Insert "; the commissioner may not restrict recreational mining conducted using suction dredges provided the nozzles of the dredges are four inches or less in size" Representative Vezey moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brown objected. Representative Brown placed a call of the House. The call was satisfied. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: HCS CSSB 230(FIN) am H Second Reading Amendment No. 2 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Bunde, B.Davis, G.Davis, Foster, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Austerman, Barnes, Brown, Davies, Elton, Finkelstein, Green, Grussendorf, Hanley, Kubina, Martin, Masek, Navarre, Nicholia, Robinson, Sanders, Williams And so, Amendment No. 2 was adopted. Representative Vezey moved and asked unanimous consent that HCSCSSB 230(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. 1996-05-03 House Journal Page 4310 SB 230 Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. HCS CSSB 230(FIN) am H was read the third time. The question being: Shall HCS CSSB 230(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 230(FIN) am H Third Reading Final Passage YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Robinson And so, HCS CSSB 230(FIN) am H passed the House. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 230(FIN) am H. SB 278 The following, which had been held to today's calendar (page 4241), was read the second time: SENATE BILL NO. 278 An Act relating to the authority of the Department of Natural Resources to allow credits against fees at state historical parks. with the: Journal Page RES RPT 2DP 7NR 3702 SENATE ZERO FISCAL NOTE (DNR) 2/21/96 3703 FIN RPT 9DP 1NR 4101 SENATE ZERO FISCAL NOTE (DNR) 2/21/96 4102 1996-05-03 House Journal Page 4311 SB 278 Representative Vezey moved and asked unanimous consent that SB278 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 278 was read the third time. The question being: Shall SB 278 pass the House? The roll was taken with the following result: SB 278 Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Long Absent: Hanley, Mulder, Rokeberg And so, SB 278 passed the House. Representative Long gave notice of reconsideration of his vote on SB 278. SB 256 The following, which had been held to today's calendar (page 4242), was read the second time: SENATE BILL NO. 256 An Act relating to the offices of mayor and mayor pro tempore of a second class city. 1996-05-03 House Journal Page 4312 SB 256 with the: Journal Page CRA RPT HCS(CRA) 2DP 4NR 3954 SENATE ZERO FISCAL NOTE (DCRA) 3/20/96 3955 STA RPT HCS(CRA) 4DP 4092 SENATE ZERO FISCAL NOTE (DCRA) 3/20/96 4092 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 256(CRA) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSSB 256(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 256(CRA) was read the third time. The question being: Shall HCS SB 256(CRA) pass the House? The roll was taken with the following result: HCS SB 256(CRA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Hanley, Moses And so, HCS CSSB 256(CRA) passed the House and was referred to the Chief Clerk for engrossment. 1996-05-03 House Journal Page 4313 THIRD READING OF SENATE BILLS SB 177 The following, which was advanced to third reading from the May 2, 1996, calendar (page 4241), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) am H An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. Representative Davies moved and asked unanimous consent that HCS CSSB 177(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Davies by request: Page 5, line 26, following AS 18.65.715": Delete ; or is a police officer who has successfully completed firearms training and qualification within the last year Insert or is a peace officer who has successfully completed Alaska Police Standards Council Training within the last year, including firearms training and qualification Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question being: Shall HCS CSSB 177(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 177(FIN) am H Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-05-03 House Journal Page 4314 SB 177 Nays: Austerman, Brown, Davies, B.Davis, Elton, Finkelstein, Porter, Robinson Absent: Hanley, Moses And so, HCS CSSB 177(FIN) am H passed the House. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 177(FIN) am H. SB 301 The following, which was advanced to third reading from the May 2, 1996, calendar (page 4270), was read the third time: CS FOR SENATE BILL NO. 301(FIN) am H An Act relating to postsecondary education; and providing for an effective date. The question being: Shall CSSB 301(FIN) am H pass the House? The roll was taken with the following result: CSSB 301(FIN) am H Third Reading Final Passage YEAS: 20 NAYS: 11 EXCUSED: 0 ABSENT: 9 Yeas: Austerman, Bunde, G.Davis, Green, James, Kelly, Kott, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, B.Davis, Elton, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson Absent: Barnes, Brice, Finkelstein, Foster, Hanley, Ivan, Kohring, Masek, Moses And so, CSSB 301(FIN) am H failed to pass the House. Representative Mulder gave notice of reconsideration of his vote on CSSB 301(FIN) am H(fld H). 1996-05-03 House Journal Page 4315 SECOND READING OF SENATE RESOLUTIONS SCR 23 The Speaker stated that, without objection, the following would be held until the May 4, 1996, calendar: CS FOR SENATE CONCURRENT RESOLUTION NO. 23(STA) am Relating to long range financial planning. THIRD READING OF SENATE RESOLUTIONS SJR 31 The Speaker stated that, without objection, the following would be held in third reading until the May 4, 1996, calendar: CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to voter approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. 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 - Alyssa Strom By Representatives Ivan, Phillips, B.Davis, Elton, James, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Hoffman Honoring - J. C. Thomas, Fairbanks Postmaster By Representatives Davies, Brice, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Therriault, Sanders, Toohey, Vezey, Willis Honoring - George and Susan Malekos, the North Slope Restaurant By Representatives Willis, Brice, Davies, B.Davis, Elton, Ivan, James, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey; Senator Halford 1996-05-03 House Journal Page 4316 Honoring - Jess Hall By Representatives Ogan, Kohring, B.Davis, G.Davis, Elton, Ivan, James, Kott, Masek, Mulder, Navarre, Nicholia, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - Huffman Elementary School PTA By Representatives Green, Brice, Bunde, B.Davis, Elton, Ivan, James, Kott, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Willis Honoring - Angie Schmitz & Michelle Shinners By Representatives Williams, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Willis; Senator Taylor Honoring - Ruth Ellen Hanson By Representatives Ogan, B.Davis, Elton, Ivan, James, Kott, Mackie, Masek, Navarre, Nicholia, Porter, Robinson, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Jimmy Nixon By Representatives Austerman, Phillips, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Zharoff In Memoriam - Eldon Lester By Representatives Austerman, Phillips, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Zharoff In Memoriam - Geraldine Ina Gardner By Representatives Williams, Phillips, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Taylor In Memoriam - Bessie Nicholson By Representatives Ivan, B.Davis, James, Kott, Mackie, Masek, Mulder, Nicholia, Robinson, Sanders, Toohey, Vezey, Williams, Willis; Senator Hoffman 1996-05-03 House Journal Page 4317 In Memoriam - Tamara Lynn Etuckmelra By Representatives Ivan, B.Davis, James, Kott, Mackie, Masek, Mulder, Nicholia, Robinson, Sanders, Toohey, Vezey, Williams, Willis; Senator Hoffman In Memoriam - Micah Aaron Campbell By Representatives Ogan, B.Davis, Ivan, James, Kohring, Kott, Mackie, Masek, Mulder, Nicholia, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Theodore Teddy Domminic Harding-Richardson By Representatives Ogan, B.Davis, Ivan, James, Kohring, Kott, Mackie, Masek, Mulder, Nicholia, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Dorothy Mae Owens Hood By Representatives B.Davis, Brice, Ivan, James, Kott, Mackie, Mulder, Nicholia, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Tina Tapley By Senator Lincoln; Representatives Kubina, B.Davis, Brice, Ivan, James, Kott, Mackie, Masek, Mulder, Nicholia, Robinson, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Carl Moses, Jr. By Senator Lincoln; Representatives Nicholia, Brice, Bunde, B.Davis, G.Davis, Ivan, James, Kott, Mackie, Masek, Mulder, Robinson, Sanders, Toohey, Vezey, Williams, Willis UNFINISHED BUSINESS SB 263 Representative Vezey moved and asked unanimous consent that the roll call on the passage of the following (page 4281) be considered the roll call on the effective date clause: CS FOR SENATE BILL NO. 263(JUD) am H An Act relating to copyright licensing and royalties; and providing for an effective date. There being no objection, it was so ordered. 1996-05-03 House Journal Page 4318 SB 263 CSSB 263(JUD) am H had been referred to the Chief Clerk for engrossment. HB 104 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4293) on the following at this time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am An Act relating to disclosures of information about certain minors. and SENATE CS FOR CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(FIN) (same title) There being no objection, it was so ordered. Representative Williams placed a call of the House and lifted the call. Representative Vezey moved that the House concur in the Senate amendment to CSSSHB 104(JUD) am, thus adopting SCS CSSSHB 104(FIN). The question being: Shall the House concur in the Senate amendment to CSSSHB 104(JUD) am? The roll was taken with the following result: SCS CSSSHB 104(FIN) Concur YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brown, Bunde, Davies, 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 1996-05-03 House Journal Page 4319 HB 104 Absent: Brice, Hanley And so, the House concurred in the Senate amendment, thus adopting SCS CSSSHB 104(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSSSHB 104(FIN) was referred to the Chief Clerk for enrollment. HB 158 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4294) on the following at this time: CS FOR HOUSE BILL NO. 158(FIN) am(ct rls pfld)(efd fld) An Act relating to civil actions; amending Alaska Rule of Civil Procedure 95. and the following committee substitute with a technical title change: SENATE CS FOR CS FOR HOUSE BILL NO. 158(RLS) am S(ct rls fld S) An Act relating to civil actions. Representative Navarre objected. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 272 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4294) on the following at this time: CS FOR HOUSE BILL NO. 272(FIN) An Act relating to municipal taxation of motor vehicles; and providing for an effective date. and 1996-05-03 House Journal Page 4320 HB 272 SENATE CS FOR CS FOR HOUSE BILL NO. 272(FIN) 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 272(FIN), thus adopting SCS CSHB 272(FIN) am S, and recommended that the members vote yes. Representative Navarre placed a call of the House. The call was satisfied. The question being: Shall the House concur in the Senate amendment to CSHB 272(FIN)? The roll was taken with the following result: SCS CSHB 272(FIN) am S Concur YEAS: 36 NAYS: 4 EXCUSED: 0 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, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Barnes, Brice, Masek, Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 272(FIN) 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 272(FIN) am S was referred to the Chief Clerk for enrollment. 1996-05-03 House Journal Page 4321 HB 341 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4222) on the following at this time: CS FOR HOUSE BILL NO. 341(FIN) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 341(FIN), thus adopting SCS CSHB 341(FIN). The question being: Shall the House concur in the Senate amendment to CSHB 341(FIN)? The roll was taken with the following result: SCS CSHB 341(FIN) Concur YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 1996-05-03 House Journal Page 4322 HB 341 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Barnes Absent: Therriault And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 341(FIN). 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 341(FIN) was referred to the Chief Clerk for enrollment. HB 393 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4295) on the following at this time: CS FOR HOUSE BILL NO. 393(FIN) An Act relating to managed care for recipients of medical assistance; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 393(HES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 393(FIN), thus adopting SCS CSHB 393(HES), and recommended that the members vote yes. 1996-05-03 House Journal Page 4323 HB 393 The question being: Shall the House concur in the Senate amendment to CSHB 393(FIN)? The roll was taken with the following result: SCS CSHB 393(HES) Concur YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Nays: Brice, Brown, Toohey And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 393(HES). 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 393(HES) was referred to the Chief Clerk for enrollment. ANNOUNCEMENTS Minority Caucus 12:00 noon, 5/4 The following meetings today have been changed as indicated: Finance Committee 1:30 p.m., 5/3 meeting CHANGED TO: 3:00 p.m., 5/3 Resources Committee 8:00 a.m., 5/3 meeting CONTINUED: 3:00 p.m., 5/3 1996-05-03 House Journal Page 4324 Representative Vezey moved and asked unanimous consent that the House recess until 7:00 p.m., for a technical session to read Messages from the Senate. There being no objection, the House recessed at 2:44 p.m. AFTER RECESS The Speaker called the House back to order at 7:05 p.m. The following members were present for the technical session: Representatives Phillips, Vezey, Navarre and Martin. MESSAGES FROM THE SENATE A message dated May 3, 1996, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 136 2d CS FOR SENATE BILL NO. 136(FIN) am(brf sup maj fld) by the Senate Finance Committee, entitled: An Act making, amending, and repealing appropriations; and providing for an effective date. was read the first time and referred to the Finance Committee. UNFINISHED BUSINESS SB 270 Representative Kelly added his name as cross sponsor to: CS FOR SENATE BILL NO. 270(FIN) An Act relating to juveniles; relating to the jurisdiction of juvenile courts; and relating to the release of juveniles. 1996-05-03 House Journal Page 4325 ENGROSSMENT SB 112 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. 112(FIN) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. SB 256 HCS CSSB 256(CRA) 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. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 1:00 p.m., May 4, 1996. There being no objection, the House adjourned at 7:06 p.m. Suzi Lowell Chief Clerk