Legislature(1993 - 1994)

1994-05-15 House Journal

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1994-05-15                     House Journal                      Page 4411
                                HOUSE JOURNAL                                
                                                                               
                           ALASKA STATE LEGISLATURE                           
                                                                               
              EIGHTEENTH LEGISLATURE -- FIRST SPECIAL SESSION               
                                                                               
Juneau, Alaska                       Sunday               May 15, 1994         
                                                                               
                                                                               
                                  Fourth Day                                 
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 2:20 p.m.                                                            
                                                                               
                                                                               
Roll call showed 33 members present.  Representative Moses had been            
previously excused from a call of the House today.  Representative             
MacLean had been previously excused from a call of the House today             
but her presence was noted.  Representative Hoffman was excused                
from a call of the House due to illness.  Representatives Brice, Carney,       
Finkelstein, Mulder and Navarre were absent.                                   
                                                                               
                                                                               
The invocation was offered by the Chaplain Designee, Representative            
James.  Representative Hudson moved and asked unanimous consent                
that the invocation be spread on the journal.  There being no objection,       
it appears below:                                                              
                                                                               
"Today we need to get some encouragement from Isaiah                          
40.28-31:                                                                      
                                                                               
`Do you not know?  Have you not heard?                                        
The Everlasting God, the Lord, the creator of the ends of the                 
	earth                                                                         
Does not grow weary?                                                          
His understanding is everlasting.                                             
                                                                               
He gives strength to the weary,                                               
And to him who lacks might He increases power.                                
                                                                               
                                                                               
                                       1                                       

1994-05-15                     House Journal                      Page 4412
Though youths grow weary and tired,                                           
And vigorous young men stumble badly,                                         
Those who wait upon the Lord                                                  
Will gain new strength!                                                       
                                                                               
                                                                              
They will mount up with wings like eagles,                                    
They will run and not get weary,                                              
They will walk and not faint.'"                                               
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Vezey.                      
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 120th and 121st legislative days of the Second Session,        
with the following correction, and the First and Second legislative days       
of the First Special Session of the Eighteenth Legislature be approved         
as certified by the Chief Clerk.  There being no objection, it was so          
ordered.                                                                       
                                                                               
                                                                               
HB 266                                                                       
Page 4380                                                                      
                                                                               
At the bottom of the page:                                                    
                                                                               
Delete "SCS CSHB 266(L&C)"                                                   
                                                                               
Insert "SCS CSHB 266(RES)"                                                   
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
SB 377                                                                       
The State Affairs Committee has considered:                                    

1994-05-15                     House Journal                      Page 4413
SB 377                                                                       
CS FOR SENATE BILL NO. 377(FIN) am                                            
"An Act relating to state agency fiscal procedures, including                 
procedures related to the assessment and collection of certain                 
taxes; and providing for an effective date."                                   
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 377(STA)                                  
(same title)                                                                  
                                                                               
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Vezey                                                            
                                                                               
No recommendation (4):  Sanders, Olberg, G.Davis, Ulmer                        
                                                                               
Amend (2):  B.Davis, Kott                                                      
                                                                               
                                                                               
The following fiscal note applies to HCS CSSB 377(STA):                        
                                                                               
Senate zero fiscal note, Dept. of Revenue, 4/21/94                             
                                                                               
CSSB 377(FIN) am was referred to the House Special Committee on                
Oil and Gas.                                                                   
                                                                               
                                                                               
**The presence of Representatives Carney, Finkelstein and Navarre              
was noted.                                                                     
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
                                                                               
SB 377                                                                       
The Speaker waived the House Special Committee on Oil and Gas                  
referral on the following at the request of Representative Green, Chair:       
                                                                               

1994-05-15                     House Journal                      Page 4414
SB 377                                                                       
CS FOR SENATE BILL NO. 377(FIN) am                                            
"An Act relating to state agency fiscal procedures, including                 
procedures related to the assessment and collection of certain                 
taxes; and providing for an effective date."                                   
                                                                               
                                                                               
The Speaker waived the Judiciary Committee referral on CSSB
377(FIN) am at the request of Representative Porter, Chair.                    
                                                                               
                                                                               
The Speaker waived the Finance Committee referral on CSSB
377(FIN) am at the request of Representative Larson, Co-chair.                 
                                                                               
                                                                               
CSSB 377(FIN) am is on today's calendar.                                       
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Representative Bill Hudson                                          
By Representative Menard                                                       
                                                                               
Honoring - Representative Fran Ulmer                                           
By Representative Menard                                                       
                                                                               
Honoring - John McConnochie                                                    
By Representative Ulmer                                                        
                                                                               
Honoring - Nelson Mandela and F.W. De Klerk, "They Finally Made                
It"                                                                            
By Representative B.Davis                                                      
                                                                               
                                                                               
**The presence of Representatives Brice and Mulder was noted.                  
                                                                               
                                                                               

1994-05-15                     House Journal                      Page 4415
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 377                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 377(FIN) am                                            
"An Act relating to state agency fiscal procedures, including                 
procedures related to the assessment and collection of certain                 
taxes; and providing for an effective date."                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS  1DP 4NR 2AM                                         4413         
PREV SENATOR ZERO FN (REV) 4/21/94                               4413         
O&G REFERRAL WAIVED                                              4413         
JUD REFERRAL WAIVED                                              4414         
FIN REFERRAL WAIVED                                              4414         
                                                                               
Representative Phillips 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. 377(STA)                                  
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Vezey:                           
                                                                               
Page 8, line 10:                                                               
	Delete all material and insert:                                               
   "* Sec. 11.  Section 7 of this Act takes effect October 1, 1994.          
   * Sec. 12.  Except as provided in sec. 11 of this Act, this Act takes     
effect immediately under AS01.10.070(c)."                                      
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       

1994-05-15                     House Journal                      Page 4416
SB 377                                                                       
Amendment No. 1-A was offered by Representative Vezey:                         
                                                                               
Page 8, line 8:                                                                
	Delete "AS 43.55.900(18), added by"                                           
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
Amendment No. 1-A be adopted.                                                  
                                                                               
                                                                               
Representative Brown objected and withdrew the objection.  There               
being no further objection, Amendment No. 1-A was adopted.                     
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative B.Davis:                         
                                                                               
Page 7, lines 6 - 31:                                                          
Delete all material.                                                          
                                                                               
                                                                               
Renumber the following sections accordingly.                                   
                                                                               
                                                                               
Representative B.Davis moved and asked unanimous consent that                  
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Amendment to Amendment No. 2 was offered  by Representative                     
Vezey:                                                                         
                                                                               
                                                                               
Page 8, line 10:                                                               
	Delete Section 11.                                                            
                                                                               
                                                                               

1994-05-15                     House Journal                      Page 4417
SB 377                                                                       
Representative Vezey moved and asked unanimous consent that the                
amendment to Amendment No. 2 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
                                                                               
                             Representative Willis                             
                             Representative Carney                             
                                                                               
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 as amended be                      
adopted?"  The roll was taken with the following result:                       
                                                                               
                                                                               
HCS CSSB 377(STA) am H                                                         
Second Reading                                                                 
Amendment No. 2 as amended                                                     
                                                                               
                                                                               
YEAS:  24   NAYS:  14   EXCUSED:  2   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis,                
G.Davis, Finkelstein, Grussendorf, Hudson, James, Mackie, MacLean,             
Menard, Nicholia, Nordlund, Phillips, Sitton, Toohey, Ulmer, Vezey,            
Williams, Willis                                                               
                                                                               
                                                                               
Nays:  Bunde, Foster, Green, Hanley, Kott, Larson, Martin, Mulder,             
Navarre, Olberg, Parnell, Porter, Sanders, Therriault                          
                                                                               
Excused:  Hoffman, Moses                                                       
                                                                               
And so, Amendment No. 2 as amended was adopted.                                
                                                                               

1994-05-15                     House Journal                      Page 4418
SB 377                                                                       
Amendment Nos. 3, 4 and 5 were not offered.                                    
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 377(STA) am H  be considered engrossed, advanced to third                 
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
HCS CSSB 377(STA) am H was read the third time.                                
                                                                               
                                                                               
Representative Menard placed a call of the House.                              
                                                                               
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 377(STA) am H pass the                    
House?"  The roll was taken with the following result:                         
                                                                               
                                                                               
HCS CSSB 377(STA) am H                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, Finkelstein,                    
Grussendorf, Mackie, Menard, Nicholia, Nordlund, Sitton, Ulmer,                
Williams, Willis                                                               
                                                                               
Nays:  Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley,                 
Hudson, James, Kott, Larson, MacLean, Martin, Mulder, Navarre,                 
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey          
                                                                               
Excused:  Hoffman, Moses                                                       
                                                                               
Larson changed from "Yea" to "Nay".                                            
Mackie changed from "Nay" to "Yea".                                            
                                                                               
And so, HCS CSSB 377(STA) am H failed to pass the House.                       

1994-05-15                     House Journal                      Page 4419
SB 377                                                                       
Representative Ulmer gave notice of reconsideration of her vote on             
HCS CSSB 377(STA) am H(fld H).                                                 
                                                                               
                                                                               
SB 190                                                                       
The following was read the second time:                                        
                                                                               
                                                                               
CS FOR SENATE BILL NO. 190(FIN) am                                            
"An Act relating to income withholding and other methods of                   
enforcement for orders of support; relating to medical support                 
orders; amending Alaska Rule of Civil Procedure 90.3(d); and                   
providing for an effective date."                                              
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	FIN REFERRAL WAIVED                                              4084         
	STA RPT HCS(STA) 3DP 3NR 1AM                                     4104         
	SENATE LETTER OF INTENT WITH STA REPORT                          4104         
	-ZERO FISCAL NOTE (H.STA/REV) 5/7/94                             4104         
	-PREVIOUS SENATE ZERO FN (COURT) 4/11/94                         4104         
	JUD REFERRAL WAIVED                                              4208         
	RULES TO CALENDAR  5/10/94                                       4382         
	RETURN TO RLS  COMMITTEE                                         4382         
                                                                               
                                                                               
Representative Phillips 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. 190(STA)                                  
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1994-05-15                     House Journal                      Page 4420
SB 190                                                                       
Amendment No. 1 was offered  by Representative Davies:                          
                                                                               
                                                                               
Page 11, after line 29:                                                        
	Insert a new bill section to read:                                            
   "* Sec. 23.  AS25.27 is amended by adding a new section to read:          
	Sec. 25.27.229.  ADVERSE ACTION AGAINST                                      
DELINQUENT OBLIGOR'S OCCUPATIONAL LICENSE.  (a)                                
The agency shall compile and maintain a list of obligors who are               
not in substantial compliance with a support order.  The list must             
include the names, social security numbers, dates of birth, and last           
known addresses of the obligors.  The list shall be updated by the             
agency on a monthly basis.                                                     
	(b)  The agency shall, on a monthly basis, provide a copy of                 
the list to each licensing entity through a computer-readable                  
magnetic medium.  A licensing entity subject to this section shall             
implement procedures to accept and process the list.                           
Notwithstanding any other law to the contrary, a licensing entity              
may not issue or renew a license for a person on the list except as            
provided in this section.                                                      
	(c)  Promptly after receiving an application from an applicant               
and before issuing or renewing a license, a licensing entity shall             
determine whether the applicant is on the most recent list provided            
by the agency.  If the applicant is on the list, the licensing entity          
shall immediately serve notice under (e) or (f) of this section of             
the licensing entity's intent to withhold issuance or renewal of the           
license.  The notice shall be made personally or by mail to the                
applicant's last known mailing address on file with the licensing              
entity.                                                                        
	(d)  Except as provided for commercial fishing licenses under                
(e) of this section, a licensing entity shall issue a temporary license        
valid for a period of 150 days to an applicant whose name is on                
the list if the applicant is otherwise eligible for a license.  The            
temporary license may not be extended.  Only one temporary                     
license may be issued during a regular license term and its validity           
shall coincide with the first 150 days of that license term.  A                
license for the full or remainder of the license term may be issued            
or renewed only upon compliance with this section.  If a license               
or application is denied under this section, funds paid by the                 
applicant or licensee may not be refunded by the licensing entity.             
                                                                               

1994-05-15                     House Journal                      Page 4421
SB 190                                                                       
	(e)  If the Department of Fish and Game receives an                          
application under AS16.05.480 for issuance or renewal of a                     
commercial fishing license, other than a crewmember fishing                    
license, from an applicant whose name is on the list, the                      
Department of Fish and Game shall issue the license if the                     
applicant otherwise qualifies for it.  Along with the license, the             
Department of Fish and Game shall send to the applicant a notice               
that the license will not be reissued or renewed the next time it is           
applied for if the applicant's name is on the list at the time of the          
subsequent application unless the department receives a release                
from the agency.                                                               
	(f)  Notices for use under (c) and (e) of this section, as                   
applicable, shall be developed by each licensing entity under                  
guidelines provided by the agency and are subject to approval by               
the agency.  The notice must include the address and telephone                 
number of the agency and shall emphasize the necessity of                      
obtaining a release from the agency as a condition for the issuance            
or renewal of a license.  The notice must inform an applicant                  
whose license is governed by (d) of this section that the licensing            
entity shall issue a temporary license for 150 calendar days under             
(d) of this section if the applicant is otherwise eligible and that,           
upon expiration of that time period, the license will be denied                
unless the licensing entity has received a release from the agency.            
The notice must also inform the applicant that, if a license or                
application is denied under this section, funds paid by the                    
applicant will not be refunded by the licensing entity.  The agency            
shall also develop a form that the applicant may use to request a              
review by the agency.  A copy of this form shall be included with              
each notice sent under (c) or (e) of this section.                             
	(g)  The agency shall establish review procedures consistent                 
with this section to allow an applicant to have the underlying                 
arrearage and relevant defenses investigated, to provide an                    
applicant information on the process of obtaining a modification               
of a support order, or to provide an applicant assistance in the               
establishment of a payment schedule on arrearages if the                       
circumstances warrant.                                                         
	(h)  If the applicant wishes to challenge being included on the              
list, the applicant shall submit to the agency a written request for           
review within 30 days after receiving the notice under (c) or (e) of           
this section by using the form developed under (f) of this section.            
Within 30 days after receiving a written request for review, the               

1994-05-15                     House Journal                      Page 4422
SB 190                                                                       
agency shall inform the applicant in writing of the agency's                  
findings.  The agency shall immediately send a release to the                  
appropriate licensing entity and the applicant if any of the                   
following conditions is met:                                                   
		(1)  the applicant is found to be in substantial compliance                 
with each support order applicable to the applicant or has                     
negotiated an agreement with the agency for a payment schedule                 
on arrearages and is in substantial compliance with the negotiated             
agreement; if the applicant fails to be in substantial compliance              
with an agreement negotiated under this paragraph, the agency                  
shall send to the appropriate licensing entity a revocation of any             
release previously sent to the entity for that applicant;                      
		(2)  the applicant has submitted a timely request for                       
review to the agency, but the agency will be unable to complete                
the review and send notice of findings to the applicant in sufficient          
time for the applicant to file a timely request for judicial relief            
within the 150-day period during which the applicant's temporary               
license is valid under (d) of this section or before the subsequent            
licensing period under (e) of this section; this paragraph applies             
only if the delay in completing the review process is not the result           
of the applicant's failure to act in a reasonable, timely, and                 
diligent manner upon receiving notice from the licensing entity                
that the applicant's name is on the list;                                      
		(3)  the applicant has, within 30 days after receiving the                  
agency's findings following a request for review under (2) of this             
section, filed and served a request for judicial relief under this             
section, but a resolution of that relief will not be made within the           
150-day period of the temporary license under (d) of this section              
or before the subsequent licensing period under (e) of this section;           
this paragraph applies only if the delay in completing the judicial            
relief process is not the result of the applicant's failure to act in a        
reasonable, timely, and diligent manner upon receiving the                     
agency's notice of findings;                                                   
		(4)  the applicant has obtained a judicial finding of                       
substantial compliance.                                                        
	(i)  An applicant is required to act with diligence in                       
responding to notices from the licensing entity and the agency                 
with the recognition that the temporary license granted under (d)              
of this section will lapse after 150 days or that a subsequent                 
license will not be issued under (e) of this section and that the              
agency and, where appropriate, the court must have time to act                 

1994-05-15                     House Journal                      Page 4423
SB 190                                                                       
within that 150-day period or before the subsequent license is                
needed, as applicable.  An applicant's delay in acting, without                
good cause, that directly results in the inability of the agency to            
complete a review of the applicant's request or the court to hear              
the request for judicial relief within the required period does not            
constitute the diligence required under this section that would                
justify the issuance of a release.                                             
	(j)  Except as otherwise provided in this section, the agency                
may not issue a release if the applicant is not in substantial                 
compliance with the order for support or is not in substantial                 
compliance with an agreement negotiated under (h)(1) of this                   
section.  The agency shall notify the applicant in writing that the            
applicant may request any or all of the following: (1) judicial                
relief from the agency's decision not to issue a release or the                
agency's decision to revoke a release under (h)(1) of this section;            
(2) a judicial determination of substantial compliance; (3) a                  
modification of the support order.  The notice must also contain               
the name and address of the court in which the applicant may file              
the request for relief and inform the applicant that the applicant's           
name shall remain on the list if the applicant does not request                
judicial relief within 30 days after receiving the notice.  The                
applicant shall comply with all statutes and rules of court                    
implementing this section.  This section does not limit an                     
applicant's authority under other law to request an order to show              
cause or notice of motion to modify a support order or to fix a                
payment schedule on arrearages accruing under a support order or               
to obtain a court finding of substantial compliance with a support             
order.                                                                         
	(k)  A request for judicial relief from the agency's decision                
must state the grounds on which relief is requested and the judicial           
action shall be limited to those stated grounds.  The court shall              
hold an evidentiary hearing within 20 calendar days of the filing              
of service on the opposing party.  The court's decision shall be               
limited to a determination of each of the following issues:                    
		(1)  whether there is a support order or a payment                          
schedule on arrearages;                                                        
		(2)  whether the petitioner is the obligor covered by the                   
support order; and                                                             
		(3)  whether the obligor is in substantial compliance with                  
the support order or payment schedule.                                         
                                                                               

1994-05-15                     House Journal                      Page 4424
SB 190                                                                       
	(l)  If the court finds that the obligor is in substantial                   
compliance with the support order or payment schedule, the                     
agency shall immediately send a release under (h) of this section              
to the appropriate licensing entity and the applicant.                         
	(m)  When the obligor is in substantial compliance with a                    
support order or payment schedule, the agency shall mail to the                
applicant and the appropriate licensing entity a release stating that          
the applicant is in substantial compliance.  The receipt of a release          
shall serve to notify the applicant and the licensing entity that, for         
the purposes of this section, the applicant is in substantial                  
compliance with the support order or payment schedule unless the               
agency, under (a) of this section, certifies subsequent to the                 
issuance of a release that the applicant is once again not in                  
substantial compliance with a support order or payment schedule.               
	(n)  The agency may enter into interagency agreements with                   
the state agencies that have responsibility for the administration of          
licensing entities as necessary to implement this section to the               
extent that it is cost effective to implement the interagency                  
agreements.  The agreements shall provide for the receipt by the               
other state agencies and licensing entities of federal funds to cover          
that portion of costs allowable in federal law and regulation and              
incurred by the state agencies and licensing entities in                       
implementing this section.                                                     
	(o)  Notwithstanding any other provision of law, the licensing               
entities subject to this section may levy a surcharge on a fee                 
collected to cover the costs of implementing and administering this            
section.                                                                       
                                                                               
	(p)  The process described in (h) of this section is the sole                
administrative remedy for contesting the issuance to the applicant             
of a temporary license or the denial of a license under this section.          
The procedures specified in AS44.62.330 - 44.62.630                            
(Administrative Procedure Act) do not apply to the denial or                   
failure to issue or renew a license under this section.                        
	(q)  The agency and licensing entities, as appropriate, shall                
adopt regulations necessary to implement this section.                         
	(r)  In this section,                                                        
		(1)  "applicant" means a person applying for issuance or                    
renewal of a license;                                                          
		(2)  "license"                                                              
                                                                               

1994-05-15                     House Journal                      Page 4425
SB 190                                                                       
		(A)  means, except as provided in (B) of this                              
paragraph, a license, certificate, permit, registration, or other              
authorization that, at the time of issuance, will be valid for                 
more than 150 days that may be acquired from a state agency                    
to perform an occupation, including the following:                             
		(i)  license relating to boxing or wrestling under                        
AS05.10;                                                                       
		(ii)  authorization to perform an occupation                              
regulated under AS08;                                                          
		(iii)  teacher certificate under AS14.20;                                 
		(iv)  commercial fishing license under                                    
AS16.05.480, except for a crewmember fishing license;                          
		(v)  entry permit or interim use permit under                             
AS16.43;                                                                       
		(vi)  authorization under AS18.08 to perform                              
emergency medical services;                                                    
		(vii)  asbestos worker certification under                                
AS18.31;                                                                       
		(viii)  boiler operator's license under                                   
AS18.60.395;                                                                   
		(ix)  certificate of fitness under AS18.62;                               
		(x)  hazardous painting certification under                               
AS18.63;                                                                       
		(xi)  security guard license under AS18.65.400 -                          
 18.65.490;                                                                    
		(xii)  license relating to insurance under                                
AS21.27;                                                                       
		(xiii)  employment agency permit under                                    
AS23.15.330 - 23.15.520;                                                       
		(xiv)  endorsement to operate a commercial motor                          
vehicle or school bus under AS28.15;                                           
		(xv)  registration as a broker-dealer, agent, or                          
investment adviser under AS45.55.030;                                          
		(xvi)  certification as a pesticide applicator under                      
AS46.03.320;                                                                   
		(xvii)  certification as a storage tank worker or                         
contractor under AS46.03.375; and                                              
		(xviii)  certification as a water and wastewater                          
works operator under AS46.30;                                                  
		(B)  does not include                                                      
		(i)  a vessel license issued under AS16.05.490 or                         

1994-05-15                     House Journal                      Page 4426
SB 190                                                                       
16.05.530;                                                                     
		(ii)  a license issued under AS47.35; or                                  
		(iii)  a business license issued under AS43.70;                           
		(3)  "licensee" means a person holding a license or                         
applying to renew a license;                                                   
		(4)  "licensing entity" means the state agency that issues                  
or renews a license; in the case of a license issued or renewed by             
the Department of Commerce and Economic Development after an                   
applicant's qualifications are determined by another agency,                   
"licensing entity" means the department;                                       
		(5)  "list" means the list of obligors compiled and                         
maintained under (a) of this section;                                          
		(6)  "substantial compliance with a support order or                        
payment schedule" means that, with respect to a support order or               
a negotiated payment schedule under (g) of this section, the                   
obligor has no more than $2,500 past due and has cumulatively                  
paid an amount equal to or greater than the amount due for one                 
month during the past 12 months."                                              
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 15, after line 17:                                                        
	Insert a new bill section to read:                                            
   "* Sec. 36.  REPORT.  (a)  In furtherance of the public policy of         
increasing child support enforcement and collections, on or before             
November 1, 1996, the child support enforcement agency shall make              
a report to the legislature and the governor based on data collected by        
the licensing entities and the agency in a format prescribed by the            
agency.  The report must contain                                               
		(1)  the number of delinquent obligors on the list maintained                
by the agency under AS25.27.229, added by sec. 23 of this Act;                 
		(2)  the number of delinquent obligors who also were                         
applicants or licensees subject to AS25.27.229;                                
		(3)  the number of new licenses and renewals that were                       
delayed or denied and temporary licenses issued subject to                     
AS25.27.229 and the number of new licenses and renewals granted                
following receipt by licensing entities of releases under AS25.27.229          
by May 1, 1996; and                                                            
		(4)  the costs incurred in the implementation and enforcement                
of AS25.27.229.                                                                

1994-05-15                     House Journal                      Page 4427
SB 190                                                                       
	(b)  A licensing entity receiving an inquiry from the agency under            
(a) of this section shall cooperate with the agency.  When queried as          
to the licensed status of an applicant who has had a license denied            
under AS25.27.229 or has been granted a temporary license under                
AS25.27.229, the licensing entity shall respond only that the license          
was denied or the temporary license was issued."                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 16, line 1:                                                               
	Delete "This Act takes"                                                       
	Insert "Sections 1 - 22, 24 - 35, and 37 of this Act take"                    
	Delete "it becomes"                                                           
	Insert "those sections become"                                                
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
                                                                               
HCS CSSB 190(STA)                                                              
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  17   NAYS:  21   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hudson, Mackie, Menard, Navarre, Nicholia, Nordlund,              
Sitton, Ulmer, Willis                                                          
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott,             
Larson, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter,            
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               

1994-05-15                     House Journal                      Page 4428
SB 190                                                                       
Excused:  Hoffman, Moses                                                       
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips  moved and asked unanimous consent that HCS            
CSSB 190(STA)  be considered engrossed, advanced to third reading              
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
HCS CSSB 190(STA)  was read the third time.                                    
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 190(STA) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
                                                                               
HCS CSSB 190(STA)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  3   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis,                 
G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson,              
Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre,                
Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault,     
Toohey, Ulmer, Vezey, Williams, Willis                                         
                                                                               
Nays:  Barnes, James, Sanders                                                  
                                                                               
Excused:  Hoffman, Moses                                                       
                                                                               
Barnes changed from "Yea" to "Nay".                                            
                                                                               
                                                                               
And so, HCS CSSB 190(STA) passed the House.                                    
                                                                               

1994-05-15                     House Journal                      Page 4429
SB 190                                                                       
Representative Phillips 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 Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
court rule change.  There being no objection, it was so ordered.               
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adopt the Senate Finance Committee Letter of Intent (page 3463           
of the Senate Journal).  There being no objection, it was so ordered.          
                                                                               
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
HCS CSSB 190(STA).                                                             
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
                                                                               
HB 201                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 4404) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 201(FIN) am                                             
"An Act relating to the mental health land trust and the mental               
health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and           
amending and repealing other laws relating to mental health                    
institutions, programs, and services that are affected by Ch. 66,              
SLA 1991; and providing for an effective date."                                
                                                                               
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 201(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1994-05-15                     House Journal                      Page 4430
HB 201                                                                       
Representative Phillips moved that the House concur in the Senate              
amendment to CSHB 201(FIN) am, thus adopting SCS CSHB
201(FIN), and recommended that the members vote no.                            
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 201(FIN) am?"  The roll was taken with the following result:           
                                                                               
                                                                               
SCS CSHB 201(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  6   NAYS:  32   EXCUSED:  2   ABSENT:  0                              
                                                                               
Yeas:  Carney, Davidson, Grussendorf, Navarre, Nicholia, Parnell               
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,                  
Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson,               
Mackie, MacLean, Martin, Menard, Mulder, Nordlund, Olberg,                     
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey,           
Williams, Willis                                                               
                                                                               
Excused:  Hoffman, Moses                                                       
                                                                               
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCS CSHB 201(FIN).                                            
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate and respectfully        
request it to recede.                                                          
                                                                               
                                                                               
HB 371                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 4404) on the following at              
this time:                                                                     
                                                                               

1994-05-15                     House Journal                      Page 4431
HB 371                                                                       
CS FOR HOUSE BILL NO. 371(FIN) am                                             
"An Act making appropriations to capitalize the mental health trust           
fund from the balance of the mental health trust income account                
on June 30, 1995, mental health trust income of the Department of              
Natural Resources in the general fund, and earnings reserve                    
account; making an appropriation to the mental health trust income             
account from the net income earned by the mental health trust                  
fund; and providing for an effective date."                                    
                                                                               
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 371(FIN)                                  
"An Act making appropriations to capitalize the mental health trust           
fund from the balance of the mental health trust income account                
on June 30, 1995, mental health trust income of the Department of              
Natural Resources in the general fund, proceeds from sale of                   
Department of Natural Resources land sale contract portfolio, and              
constitutional budget reserve fund; making an appropriation from               
the constitutional budget reserve fund under art. IX, sec. 17(c),              
Constitution of the State of Alaska; and providing for an effective            
date."                                                                         
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Phillips moved that the House concur in the Senate              
amendment to CSHB 371(FIN) am, thus adopting SCS CSHB
371(FIN), and recommended that the members vote no.                            
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 371(FIN) am?"  The roll was taken with the following result:           
                                                                               
                                                                               
SCS CSHB 371(FIN)                                                              
Concur                                                                         
                                                                               
YEAS:  5   NAYS:  33   EXCUSED:  2   ABSENT:  0                              
                                                                               

1994-05-15                     House Journal                      Page 4432
HB 371                                                                       
Yeas:  Carney, Davidson, Navarre, Nordlund, Therriault                         
                                                                               
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,                  
Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott,          
Larson, Mackie, MacLean, Martin, Menard, Mulder, Nicholia, Olberg,             
Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey,              
Williams, Willis                                                               
                                                                               
                                                                               
Excused:  Hoffman, Moses                                                       
                                                                               
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCS CSHB 371(FIN).                                            
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate and respectfully        
request it to recede.                                                          
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HB 531                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 4:55 p.m.,            
May 14, 1994:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 531(STA) am                                             
"An Act relating to the Milk Control Advisory Board, Museum                   
Collections Advisory Committee, Alaska Workers' Compensation                   
Board, resource development authorities, Board of Parole, railroad             
labor relations agency, Alaska School Activities Association,                  
Steering Council for Alaska Lands, Rural Affairs Commission,                   
Governor's Commission on the Involvement of Young People in                    
Government, Yukon-Taiya Commission, environmental advisory                     
board, Alaska Gas Pipeline Financing Authority, and Alaska                     
Manpower Services Council; and providing for an effective date."               
                                                                               

1994-05-15                     House Journal                      Page 4433
HB 531                                                                       
The following memorandum dated May 9, 1994, from Rosemary                      
Kimlinger, Enrolling Secretary, was received:                                  
                                                                               
	"In accordance with Rule 43 of the Uniform Rules, I am reporting              
a clerical error to `CSHB 531(STA) am' that occurred in engrossing.            
                                                                               
On page 3678 of the House Journal the following title was                     
adopted:                                                                       
                                                                               
"An Act relating to the Milk Control Advisory Board, Museum                  
Collections Advisory Committee, Alaska Workers'                                
Compensation Board, resource development authorities, Board                    
of Parole, railroad labor relations agency, Alaska School                      
Activities Association, Steering Council for Alaska Lands,                     
Rural Affairs Commission, Governor's Commission on the                         
Involvement of Young People in Government, Yukon-Taiya                         
Commission, environmental advisory board, Alaska Gas                           
Pipeline Financing Authority, and Alaska Manpower Services                     
Council; and"                                                                  
                                                                              
	The words `and establishing regional resource development                    
authorities;' were inadvertently left in when the new title was               
engrossed [page 3733].  We have deleted these words in enrolling."             
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 11:00 a.m., May 16, 1994.  There being no                  
objection, the House adjourned at 4:49 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk