Legislature(1995 - 1996)
1995-02-10 House Journal
Full Journal pdf1995-02-10 House Journal Page 0289 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday February 10, 1995 Twenty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:09 a.m. Roll call showed 34 members present. Representatives Brice, Foster, MacLean, Nicholia and Kott had been previously excused from a call of the House today. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Navarre - today Representative Martin - after 12:00 noon for the remainder of today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Kurt Smith, a member of the Christian Science Church. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "The Bible: Genesis: `And Abram said unto Lot, Let there be no strife, I pray thee, between me and thee, and between my herdmen and thy herdmen; for we be brethren.' 1 Corinthians: `Now there are diversities of gifts, but the same Spirit. And there are difference of administrations, but the same Lord. For by one Spirit are we all baptized into one body,' 1 1995-02-10 House Journal Page 0290 Colossians: `Put on therefore, as the elect of God, holy and beloved, bowels of mercies, kindness, humbleness of mind, meekness, long suffering; forbearing one another, and forgiving one another, if any man have a quarrel against any: Even as Christ forgave you, so also do ye.' Proverbs: `By long forbearing is a prince persuaded, and a soft tongue breaketh the bone.' Father, help us to see that the right balance between mutual respect and effective, principled action requires no diminution of either. Show us the way to achieve that balance both inside and outside of this Chamber. Amen." The Pledge of Allegiance was led by Representative Vezey. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 24th and 25th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 9, 1995, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 4 SENATE CONCURRENT RESOLUTION NO. 4 by Senators Leman, Halford, Duncan, Zharoff, Taylor, Green and Torgerson: Naming the Poet Laureate of Alaska. was read the first time and referred to the State Affairs Committee. 1995-02-10 House Journal Page 0291 FIRST READING AND REFERENCE OF SENATE BILLS SB 55 SENATE BILL NO. 55 by Senator Torgerson, entitled: "An Act repealing the sunset of the enhanced 911 emergency reporting systems." was read the first time and referred to the Labor & Commerce Committee. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Commerce & Economic Development Office of the Commissioner Annual Report of State Loan Programs (as required by AS 37.05.035 and AS 16.10.350) Dept. of Revenue Alaska Municipal Bond Bank Authority 1994 Annual Report (as required b AS 44.85.100) Speaker Phillips made referrals on the Governor's appointments. The following were referred to the State Affairs Committee: Dept. of Administration Commissioner designee Mark Boyer Dept. of Corrections Commissioner designee Margaret Pugh Dept. of Public Safety Commissioner designee Ron Otte 1995-02-10 House Journal Page 0292 The following were referred to the Labor & Commerce Committee: Dept. of Commerce & Economic Development Commissioner designee Willie Hensley Dept. of Labor Commissioner designee Tom Cashen The following were referred to the Community & Regional Affairs Committee: Dept. of Community & Regional Affairs Commissioner designee Mike Irwin Dept. of Military & Veterans' Affairs Adjutant General designee Jake Lestenkof The following were referred to the Resources Committee: Dept. of Environmental Conservation Commissioner designee Gene Burden Dept. of Natural Resources Commissioner designee John Shively The following was referred to the Health, Education & Social Services Committee: Department of Health & Social Services Commissioner designee Karen Perdue The following was referred to the Finance Committee: Dept. of Revenue Commissioner designee Wilson Condon The following was referred to the Transportation Committee: Dept. of Transportation and Public Facilities Commissioner designee Joe Perkins 1995-02-10 House Journal Page 0293 REPORTS OF STANDING COMMITTEES HB 4 The State Affairs Committee submitted a corrected report (page 190) on: HOUSE BILL NO. 4 "An Act relating to absences from the state for purposes of determining residency under the permanent fund dividend program; and providing for an effective date." and recommends it be replaced with the following committee substitute: CS FOR HOUSE BILL NO. 4(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (7): James, Porter, Ogan, Robinson, Ivan, Green, Willis The following fiscal note applies to CSHB 4(STA): Zero fiscal note, Dept. of Revenue, 2/1/95 HB 4 is in the Judiciary Committee. HB 17 The State Affairs Committee has considered: HOUSE BILL NO. 17 "An Act relating to the titles that describe the two principal executive officers of electric and telephone cooperatives." and recommends it be replaced with: CS FOR HOUSE BILL NO. 17(STA) "An Act expanding the services that may be offered by an electric cooperative to include direct satellite television, sewer and water, and gas services when authorized by the Alaska Public Utilities 1995-02-10 House Journal Page 0294 HB 17 Commission; relating to officers of a telephone or electric cooperative; relating to amendment of the articles of incorporation of a telephone or electric cooperative; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Porter, Green, Robinson, Willis, Ogan No recommendation (1): Ivan The following fiscal note applies to CSHB 17(STA): Zero fiscal note, Dept. of Commerce & Economic Development, 2/10/95 HB 17 was referred to the Labor & Commerce Committee. HB 21 The Transportation Committee has considered: HOUSE BILL NO. 21 "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 13 but not yet 21 years of age; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 21(TRA) (same title) The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (4): James, MacLean, Williams, G.Davis No recommendation (3): Masek, Brice, Sanders 1995-02-10 House Journal Page 0295 HB 21 The following fiscal notes apply to CSHB 21(TRA): Zero fiscal note, Dept. of Public Safety, 2/10/95 Zero fiscal note, Dept. of Law, 2/10/95 Zero fiscal note, Department of Health & Social Services, 2/10/95 HB 21 was referred to the Judiciary Committee. HB 38 The State Affairs Committee has considered: HOUSE BILL NO. 38 "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Porter, Green, Ogan No recommendation (3): Robinson, Ivan, Willis The following fiscal note applies: Fiscal note, Dept. of Corrections, 2/10/95 HB 38 was referred to the Judiciary Committee. 1995-02-10 House Journal Page 0296 HB 42 The Judiciary Committee has considered: HOUSE BILL NO. 42 "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting." and recommends it be replaced with: CS FOR HOUSE BILL NO. 42 (STA) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Toohey, Vezey, Porter No recommendation (2): Bunde, Finkelstein Amend (1): B.Davis The following fiscal note applies to CSHB 42(STA): Fiscal note, Office of the Governor, 1/25/95 HB 42 was referred to the Finance Committee. HB 58 The Finance Committee has considered: HOUSE BILL NO. 58 "An Act establishing the Chickaloon Flats Critical Habitat Area." and recommends it be replaced with: CS FOR HOUSE BILL NO. 58(RES) (same title) 1995-02-10 House Journal Page 0297 HB 58 The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Martin, Parnell, Grussendorf, Navarre, Brown Do not pass (1): Foster No recommendation (4): Hanley, Mulder, Kelly, Therriault The following fiscal note applies to CSHB 58(RES): Zero fiscal note, Dept. of Fish & Game, 2/3/95 HB 58 was referred to the Rules Committee for placement on the calendar. HB 74 The Judiciary Committee has considered: HOUSE BILL NO. 74 "An Act relating to the assault of children by adults." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Bunde, Toohey, B.Davis, Porter Amend (2): Vezey, Finkelstein The following fiscal notes apply: Zero fiscal note, Dept. of Public Safety, 2/10/95 Zero fiscal note, Dept. of Law, 2/10/95 Zero fiscal note, Dept. of Corrections, 2/1/95 HB 74 was referred to the Finance Committee. 1995-02-10 House Journal Page 0298 HB 92 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 92 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (3): Toohey, Brice, Robinson No recommendation (1): G.Davis The following fiscal note applies: Fiscal note, Dept. of Administration, 2/10/95 HB 92 was referred to the Finance Committee. HB 106 The State Affairs Committee has considered: HOUSE BILL NO. 106 "An Act relating to art in public places requirements and the art in public places fund." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Porter, Green, Ivan, Ogan Do not pass (2): Willis, Robinson 1995-02-10 House Journal Page 0299 HB 106 The following fiscal notes apply: Fiscal note, Alaska Court System, 2/10/95 Zero fiscal notes (2), Dept. of Education, 2/10/95 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/10/95 HB 106 was referred to the Finance Committee. HB 120 The Judiciary Committee has considered: HOUSE BILL NO. 120 "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Porter, Green, Toohey, Bunde, Vezey, Finkelstein, B.Davis The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/10/95 HB 120 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 107 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 107 "An Act relating to restrictions attached to certain commercial fisheries limited entry permits." 1995-02-10 House Journal Page 0300 HB 107 and recommends it be replaced with: CS FOR HOUSE BILL NO. 107(FSH) (same title) The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (1): Elton No recommendation (4): G.Davis, Ogan, Moses, Austerman The following fiscal note applies to CSHB 107(FSH): Zero fiscal note, Dept. of Fish & Game, 2/10/95 HB 107 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Society, Daughters of the American Revolution, 38th State Conference By Representative Willis Honoring - Cynthia Lynnett Morman By Representative Willis; Senator Halford Honoring - Admiral Jeremy Michael Boorda, USN, Chief of Naval Operations By Representative Mulder Honoring - Mt. Edgecumbe High School Girls Basketball Team, Region V Division Champions By Representative Grussendorf; Senator Taylor Honoring - DeeDee Jonrowe By Senator Green 1995-02-10 House Journal Page 0301 Honoring - The Robbins Family By Senator Zharoff; Representative Austerman Honoring - RuRAL CAP, 30th Anniversary By Senator Adams INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 104 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104 by Representatives Kott, Bunde and Green, entitled: "An Act relating to disclosures of information about certain minors." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 170 HOUSE BILL NO. 170 by Representatives Kelly and Toohey, entitled: "An Act relating to intensive management of identified big game prey populations." was read the first time and referred to the Resources Committee. HB 171 HOUSE BILL NO. 171 by Representative Martin, entitled: "An Act providing that the commissioner of education serves at the pleasure of the Board of Education; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 1995-02-10 House Journal Page 0302 HB 172 HOUSE BILL NO. 172 by the House Health, Education & Social Services Committee by request, entitled: "An Act relating to kindergarten programs and compulsory education; to identification required upon enrollment in a public school; to those grades that constitute elementary, junior, and secondary school; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 173 HOUSE BILL NO. 173 by Representatives G.Davis and Navarre, entitled: "An Act relating to reports by state agencies." was read the first time and referred to the State Affairs Committee. HB 174 HOUSE BILL NO. 174 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the appointment and removal of the commissioner of education; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal note applies: Zero fiscal note, Office of the Governor, 2/10/95 The Governor's transmittal letter, dated February 10, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the appointment and removal of the commissioner of education. 1995-02-10 House Journal Page 0303 HB 174 Existing law provides that the commissioner of education is the principal executive officer of the Department of Education. Section 1 of the bill amends AS 14.07.145(a) to provide that the commissioner serves at the pleasure of the governor, as do commissioners of other state agencies. Section 2 of the bill repeals an existing provision that permits the appointment of the commissioner for a term of office not to exceed five years, and repeals language providing for removal of the commissioner from office for cause. Additionally, sec. 2 of the bill repeals the definition of "cause" regarding removal of the commissioner. Section 3 of the bill provides for an immediate effective date, in order to ensure that the next commissioner of education is appointed under the new terms, after the bill is enacted into law. Article III, section 25 of the Alaska Constitution provides that heads of each principal department should serve at the pleasure of the Governor. The provision in current law permitting the use of long- term contracts in the hiring of the commissioner for the Department of Education thwarts the purpose of this section of the Constitution. I urge your prompt action on this important measure. Sincerely, /s/ Tony Knowles Governor" HB 175 HOUSE BILL NO. 175 by Representative Austerman, entitled: "An Act relating to sport fish guides; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources and Finance Committees. 1995-02-10 House Journal Page 0304 HB 176 HOUSE BILL NO. 176 by Representative Bunde, entitled: "An Act relating to errors in surveys of land." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 121 The following was read the second time: HOUSE BILL NO. 121 "An Act relating to the timber resources within the state." with the: Journal Page RES RPT 6DP 251 ZERO FISCAL NOTE (DNR) 2/6/95 251 Representative Davies moved and asked unanimous consent that HB 121 be returned to the Resources Committee. Representative Williams objected. Representative Vezey rose to a point of order stating that the committee process was not debatable. The Speaker cautioned the member to confine his comments to the motion. Representative Barnes rose to a point of order citing Section 101 of Mason's Manual. The Speaker cautioned the member. The question being: "Shall HB 121 be returned to the Resources Committee?" The roll was taken with the following result: 1995-02-10 House Journal Page 0305 HB 121 HB 121 Second Reading Return to Resources Committee YEAS: 8 NAYS: 26 EXCUSED: 6 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia And so, the motion failed. Amendment No. 1 was offered by Representative Davies: Page 1, line 7: Delete "of" Insert "the stand is currently, or has been, infested or infected with" After "epidemics or" Insert "as a result of a" Page 2, line 5: Delete "due to insects," Insert "because the timber is currently, or has been, infested or infected with insects or" After "disease, or" Insert "as a result of a" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. 1995-02-10 House Journal Page 0306 HB 121 Representative Williams objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 1 YEAS: 7 NAYS: 27 EXCUSED: 6 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Kubina, Robinson, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: Page 1, following line 11: Insert a new subsection to read: "(c) Salvage sales offered under this section of timber stands that will lose substantial economic value because of insect or disease epidemics or fire must be reforested in the manner and to the same extent as timber harvested generally from forest land under regulations adopted under AS41.17." Page 2, following line 6: Insert a new bill section to read: "* Sec. 3. AS38.05.118 is amended by adding a new subsection to read: 1995-02-10 House Journal Page 0307 HB 121 (d) Negotiated sales of timber that will lose substantial economic value due to insects, disease, or fire shall be reforested in the manner and to the same extent as timber harvested generally from forest land under regulations adopted under AS41.17." Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Williams objected. The Speaker invoked Section 102 of Mason's Manual. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 2 YEAS: 6 NAYS: 27 EXCUSED: 6 ABSENT: 1 Yeas: Brown, Davies, Elton, Finkelstein, Robinson, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia Absent: Kubina And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Davies: Page 1, following line 11: Insert a new subsection to read: 1995-02-10 House Journal Page 0308 HB 121 "(c) Salvage sales offered under this section of timber stands that will lose substantial economic value because of insect or disease epidemics or fire may be reforested in the manner and to the same extent as timber harvested generally from forest land under regulations adopted under AS41.17." Page 2, following line 6: Insert a new bill section to read: "* Sec. 3. AS38.05.118 is amended by adding a new subsection to read: (d) Negotiated sales of timber that will lose substantial economic value due to insects, disease, or fire may be reforested in the manner and to the same extent as timber harvested generally from forest land under regulations adopted under AS41.17." Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 3 YEAS: 7 NAYS: 26 EXCUSED: 6 ABSENT: 1 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia 1995-02-10 House Journal Page 0309 HB 121 Absent: Kubina And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Davies: Page 1, following line 11: Insert a new subsection to read: "(c) Timber stands that lose substantial economic value due to arson may not be offered for sale under this section." Page 2, line 5, following "fire," Insert "other than arson fires," Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 4 YEAS: 5 NAYS: 29 EXCUSED: 6 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia And so, Amendment No. 4 was not adopted. 1995-02-10 House Journal Page 0310 HB 121 Amendment No. 5 was offered by Representative Davies: Page 1, line 15 through page 2, line 1: Delete ", or will exist within two years" Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 5 YEAS: 3 NAYS: 29 EXCUSED: 6 ABSENT: 2 Yeas: Brown, Davies, Finkelstein Nays: Austerman, Bunde, B.Davis, G.Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia Absent: Barnes, Moses And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 1, line 5, after "finding": Insert "consistent with AS 38.04.015" Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. 1995-02-10 House Journal Page 0311 HB 121 Objection was heard. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 6 YEAS: 7 NAYS: 24 EXCUSED: 6 ABSENT: 3 Yeas: Brown, Davies, Elton, Finkelstein, Kubina, Robinson, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia Absent: Grussendorf, Moses, Rokeberg And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Davies: Page 1, line 5, after "finding": Insert "based on the principles of multiple use and sustained yield" Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 1995-02-10 House Journal Page 0312 HB 121 HB 121 Second Reading Amendment No. 7 YEAS: 8 NAYS: 23 EXCUSED: 6 ABSENT: 3 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia Absent: Grussendorf, Moses, Rokeberg And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Finkelstein: Page 2, following line 6: Insert a new bill section to read: "* Sec. 3. AS 38.05.118 is amended by adding a new subsection to read: (d) Notwithstanding (a) of this section, the period of a contract negotiated under this section for a sale of timber that will lose substantial economic value due to insects, disease, or fire, or timber to be cleared for the conversion of land to nonforest uses may not exceed five years." Representative Finkelstein moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Ogan objected. 1995-02-10 House Journal Page 0313 HB 121 The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 8 YEAS: 7 NAYS: 27 EXCUSED: 6 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Robinson Nays: Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Foster, Kott, MacLean, Navarre, Nicholia And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 1, line 10 through page 1, line 11: Delete all material Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Objection was heard. **The presence of Representative Navarre was noted. Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 9. There being no objection, it was so ordered. Amendment No. 10 was offered by Representative Finkelstein: 1995-02-10 House Journal Page 0314 HB 121 Page 1, line 5, after "after": Insert "holding a public hearing and" Representative Finkelstein moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Williams objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: HB 121 Second Reading Amendment No. 10 YEAS: 10 NAYS: 24 EXCUSED: 5 ABSENT: 1 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Ivan, Kubina, Navarre, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Green, Grussendorf, Hanley, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Foster, Kott, MacLean, Nicholia Absent: Barnes And so, Amendment No. 10 was not adopted. The Speaker stated that HB 121 will be in third reading on the February 13, 1995, calendar. THIRD READING OF HOUSE BILLS HB 27 The following, which was advanced to third reading from the February 8, 1995, calendar (page 281), was read the third time: 1995-02-10 House Journal Page 0315 HB 27 CS FOR HOUSE BILL NO. 27(FIN) am "An Act directing the Department of Public Safety to establish and maintain a deoxyribonucleic acid (DNA) identification registration system and requiring DNA registration by persons convicted of a felony crime against a person and of minors 16 years of age or older who are adjudicated a delinquent for an act that would be a felony crime against a person if committed by an adult; and providing for an effective date." **Representative Martin, who had been previously excused (page 289), left the Chamber. The question being: "Shall CSHB 27(FIN) am pass the House?" The roll was taken with the following result: CSHB 27(FIN) am Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown Excused: Brice, Foster, Kott, MacLean, Martin, Nicholia And so, CSHB 27(FIN) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Brown gave notice of reconsideration of her vote on CSHB 27(FIN) am. 1995-02-10 House Journal Page 0316 RECONSIDERATION HB 27 Representative Vezey moved and asked unanimous consent that the reconsideration of CSHB 27(FIN) am be taken up on the same day. Objection was heard. The question being: "Shall the reconsideration of CSHB 27(FIN) am be taken up on the same day?" The roll was taken with the following result: CSHB 27(FIN) am--RECONSIDERATION Third Reading Take up Reconsideration YEAS: 19 NAYS: 12 EXCUSED: 6 ABSENT: 3 Yeas: Austerman, Bunde, G.Davis, Green, Hanley, Ivan, Kelly, Masek, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kohring, Kubina, Mackie, Navarre, Robinson, Willis Excused: Brice, Foster, Kott, MacLean, Martin, Nicholia Absent: Barnes, James, Mulder And so, lacking the necessary 27 votes, the reconsideration of CSHB 27(FIN) am was not taken up on the same day. SECOND READING OF SENATE RESOLUTIONS SCR 7 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 7 Establishing February 12 - 18 as Peaceful Solutions Week. 1995-02-10 House Journal Page 0317 SCR 7 The question being: "Shall SCR 7 pass the House?" The roll was taken with the following result: SCR 7 Second Reading Final Passage YEAS: 30 NAYS: 2 EXCUSED: 6 ABSENT: 2 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Ivan, James, Kohring, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Nays: Hanley, Kelly Excused: Brice, Foster, Kott, MacLean, Martin, Nicholia Absent: Therriault, Williams And so, SCR 7 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SJR 7 The following was read the second time: SENATE JOINT RESOLUTION NO. 7 Relating to mandates imposed on the states by the federal government. with the: Journal Page STA RPT HCS(STA) 4DP 3NR 268 SENATE ZERO FN (S. JUD) 1/26/95 268 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 1995-02-10 House Journal Page 0318 SJR 7 HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(STA) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCS SJR 7(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SJR 7(STA) was read the third time. The question being: "Shall HCS SJR 7(STA) pass the House?" The roll was taken with the following result: HCS SJR 7(STA) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: Brice, Foster, Kott, MacLean, Martin, Nicholia Absent: Williams And so, HCS SJR 7(STA) passed the House and was referred to the Chief Clerk for engrossment. 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: 1995-02-10 House Journal Page 0321 older who are adjudicated a delinquent for an act that would be a felony crime against a person if committed by an adult; and providing for an effective date." HB 44 Representative Green added his name as cosponsor to: HOUSE BILL NO. 44 "An Act providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; relating to what is a qualified organization for the purpose of charitable gaming permitting; and providing for an effective date." HB 65 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 65 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." HB 74 Representatives Kohring and Ogan added their names as cosponsors to: HOUSE BILL NO. 74 "An Act relating to the assault of children by adults." HB 121 Representative Hanley added his name as cosponsor to: 1995-02-10 House Journal Page 0322 HB 121 HOUSE BILL NO. 121 "An Act relating to the timber resources within the state." HB 147 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 147 "An Act relating to the Alaska Sport Fishing Industry Marketing Council and a nonresident sport fishing license surcharge." HB 160 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 160 "An Act relating to a curriculum for Native language education; and providing for an effective date." HB 167 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 167 "An Act relating to educational programs for Alaska Native languages, culture, and history, to teachers of Alaska Native languages and culture and history, and to Alaska Native Teachers." HB 169 Representative Williams added his name as cosponsor to: HOUSE BILL NO. 169 "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the development of the mineral resources of the state." SCR 4 Representatives Toohey and Navarre added their names as cross- sponsors to: SENATE CONCURRENT RESOLUTION NO. 4 Naming the Poet Laureate of Alaska. 1995-02-10 House Journal Page 0323 SCR 7 Representative Toohey added her name as cross-sponsor to: SENATE CONCURRENT RESOLUTION NO. 7 Establishing February 12 - 18 as Peaceful Solutions Week. SJR 7 Representatives Green, G.Davis, Kohring, Rokeberg, Parnell, Kelly, Ogan, Hanley, Kubina, Porter and Mulder added their names as cross- sponsors to: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(STA) Relating to mandates imposed on the states by the federal government. SB 55 Representative Navarre added his name as cross-sponsor to: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." ENGROSSMENT SJR 7 HCS SJR 7(STA) 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. Majority Caucus Speaker's Chamber 3:00 p.m., 2/10 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 13, 1995. There being no objection, the House adjourned at 12:35 p.m. Suzi Lowell Chief Clerk