Legislature(1995 - 1996)
1995-03-22 House Journal
Full Journal pdf1995-03-22 House Journal Page 0831 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 22, 1995 Sixty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:13 a.m. Roll call showed 36 members present. Representatives MacLean and Nicholia were excused due to illness. Representative Hanley was absent. Representative Kelly was later excused due to illness (page 846). The invocation was offered by the Chaplain, Laurie Hill of the Baha'i Faith. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Veiled in My immemorial being and in the ancient eternity of My essence, I knew My love for thee; therefore I created thee, have engraved on thee Mine image and revealed to thee My beauty. Know ye not why We created you all from the same dust? That no one should exalt himself over the other. Ponder at all times in your hearts how ye were created. Since We have created you all from one same substance it is incumbent on you to be even as one soul, to walk with the same feet, eat with the same mouth and dwell in the same land, that from your inmost being, by your deeds and actions, the signs of oneness and the essence of detachment may be made manifest. Such is My counsel to you, O concourse of Light! Heed ye this counsel that ye may obtain the fruit of holiness from the tree of wondrous glory. 1 1995-03-22 House Journal Page 0832 All men have been created to carry forward an ever advancing civilization. The Almighty beareth Me witness: To act like the beasts of the field is unworthy of man. Those counsel that befit his dignity are forbearance, mercy, compassion and loving-kindness towards all the peoples and kindreds of the earth. Baha'i Writings" The Pledge of Allegiance was led by Representative Masek. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 64th and 65th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR The following letter, dated March 21, 1995, was read: "Dear Speaker Phillips: On March 6, 1995, I transmitted to you the name of Shirley J. Holloway, Ph.D., for confirmation as the commissioner of the Department of Education. I have since been advised by the Attorney General that an appointment for commissioner of the Department of Education does not require confirmation under Article III, Section 25, of the Alaska Constitution. The commissioner of the Department of Education is not a principal department head. Rather, the commissioner serves as the principal executive officer of the Board of Education. Confirmation is not required for such an appointment under Article III, Section 26 of the Alaska Constitution. My transmittal of March 6, 1995 is without effect. I regret any inconvenience this may have caused. Sincerely, /s/ Tony Knowles Governor" 1995-03-22 House Journal Page 0833 MESSAGES FROM THE SENATE HB 135 A message dated March 21, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 135(FIN) "An Act authorizing the Alaska Commission on Postsecondary Education to adopt regulations necessary to determine and set an interest rate applicable to a student loan for which money is disbursed on or after July 1, 1995, and regulations necessary to implement certain loan default sanctions and consolidation of loan provisions beginning July 1, 1995; and providing for an effective date." CSHB 135(FIN) was referred to the Chief Clerk for enrollment. Messages dated March 20 and 21, 1995, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 14 CS FOR SENATE BILL NO. 14(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to criminal mischief." was read the first time and referred to the Judiciary and Finance Committees. SB 93 CS FOR SENATE BILL NO. 93(RES) by the Senate Resources Committee, entitled: "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. 1995-03-22 House Journal Page 0834 COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Office of the Ombudsman 1994 Annual Report (as required by AS 24.55.230) Ombudsman Recommendations (as required by AS 24.55.200) Dept. of Fish & Game Commercial Fisheries Entry Commission 1994 Annual Report REPORTS OF STANDING COMMITTEES HJR 1 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 1 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (8): Mulder, Martin, Kohring, Grussendorf, Navarre, Therriault, Foster, Hanley No recommendation (2): Parnell, Brown The following fiscal notes apply: Fiscal note, Office of the Governor, 3/1/95 Zero fiscal note, Dept. of Law, 3/1/95 HJR 1 was referred to the Rules Committee for placement on the calendar. 1995-03-22 House Journal Page 0835 HB 10 The State Affairs Committee submitted a corrected report (page 802) on: HOUSE BILL NO. 10 "An Act relating to payment for emergency services responding to certain motor vehicle accidents." and recommends it be replaced with: CS FOR HOUSE BILL NO. 10(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): Green, Ivan, James, Robinson No recommendation (1): Porter The following fiscal notes apply to CSHB 10(STA): Zero fiscal note, Dept. of Commerce & Economic Development, 3/20/95 Zero fiscal note, Dept. of Law, 3/20/95 HB 10 is in the Judiciary Committee. HB 32 The Finance Committee has considered: HOUSE BILL NO. 32 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." and recommends it be replaced with: 1995-03-22 House Journal Page 0836 HB 32 CS FOR HOUSE BILL NO. 32(FIN) "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another; and providing for an effective date." The report was signed by Representative Mulder, Acting Chair, with the following individual recommendations: Do not pass (2): Mulder, Therriault No recommendation (4): Kelly, Martin, Grussendorf, Parnell The following fiscal note applies to CSHB 32(FIN): Fiscal note, Dept. of Revenue, 2/13/95 HB 32 was referred to the Rules Committee for placement on the calendar. HB 38 The Judiciary 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 38(JUD) "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a 1995-03-22 House Journal Page 0837 HB 38 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 Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Toohey, Bunde, Vezey No recommendation (2): Green, B.Davis The following fiscal notes apply to CSHB 38(JUD): Fiscal notes (2), Dept. of Administration, 3/22/95 Fiscal note, Dept. of Law, 3/22/95 Fiscal note, Alaska Court System, 3/22/95 Fiscal note, Dept. of Corrections, 2/10/95 HB 38 was referred to the Finance Committee. HB 48 The Judiciary Committee has considered: HOUSE BILL NO. 48 "An Act relating to motorcycle safety and to use of helmets by operators of motorcycles." and recommends it be replaced with: CS FOR HOUSE BILL NO. 48(JUD) "An Act relating to motorcycle helmets." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Vezey, B.Davis, Toohey No recommendation (4): Finkelstein, Green, Bunde, Porter The following fiscal notes apply to CSHB 48(JUD): 1995-03-22 House Journal Page 0838 HB 48 Zero fiscal note, Dept. of Public Safety, 3/22/95 Zero fiscal note, Dept. of Law, 2/22/95 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/22/95 Zero fiscal note, Dept. of Public Safety, 2/22/95 HB 48 was referred to the Finance Committee. HB 65 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 65 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." and recommends it be replaced with: CS FOR HOUSE BILL NO. 65(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (6): Rokeberg, G.Davis, Bunde, Toohey, Robinson, Brice The following fiscal note applies to CSHB 65(HES): Fiscal note, Dept. of Education, 2/23/95 HB 65 was referred to the Finance Committee. HB 124 The Finance Committee has considered: HOUSE BILL NO. 124 "An Act extending the termination date of the Board of Nursing Home Administrators; and providing for an effective date." and recommends it be replaced with: 1995-03-22 House Journal Page 0839 HB 124 CS FOR HOUSE BILL NO. 124(FIN) "An Act transferring the regulation of nursing home administrators to the Department of Commerce and Economic Development; abolishing the Board of Nursing Home Administrators; clarifying the conditions under which a nursing home administrator license may be denied; and providing for an effective date." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Martin, Parnell, Kohring, Kelly, Foster No recommendation (4): Grussendorf, Navarre, Brown, Therriault The following fiscal note applies to CSHB 124(FIN): Fiscal note, Dept. of Commerce & Economic Development, 3/6/95 HB 124 was referred to the Rules Committee for placement on the calendar. HB 127 The Judiciary Committee has considered: HOUSE BILL NO. 127 "An Act increasing the minimum term of imprisonment for assaults in the fourth degree committed against a peace officer, fire fighter, correctional officer, emergency medical technician, paramedic, ambulance attendant, or other emergency responders." and recommends it be replaced with: CS FOR HOUSE BILL NO. 127(JUD) "An Act relating to penalties for certain offenses committed against a peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responders." The report was signed by Representative Porter, Chair, with the following individual recommendations: 1995-03-22 House Journal Page 0840 HB 127 Do pass (2): Bunde, Toohey No recommendation (5): Porter, Green, Vezey, Finkelstein, B.Davis The following fiscal notes apply to CSHB 127(JUD): Zero fiscal note, Dept. of Administration, 3/22/95 Fiscal note, Dept. of Corrections, 2/22/95 Zero fiscal note, Dept. of Law, 2/22/95 Zero fiscal note, Dept. of Public Safety, 2/22/95 HB 127 was referred to the Finance Committee. **The presence of Representative Hanley was noted. HB 130 The State Affairs Committee submitted a corrected report (page 805) on: HOUSE BILL NO. 130 "An Act relating to agency review of public comment on the adoption, amendment, and repeal of regulations; relating to the examination of proposed regulations, amendments of regulations, and orders repealing regulations by the Administrative Regulation Review Committee and the Department of Law; relating to the submission to, and acceptance by, the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; and requiring agencies to make certain determinations before adopting regulations, amendments of regulations, or orders repealing regulations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 130(STA) "An Act relating to the examination by the Administrative Regulation Review Committee and the Department of Law of proposed regulations, amendments of regulations, and orders repealing regulations; relating to the submission to, acceptance by, and return by the lieutenant governor of proposed regulations, amendments of regulations, and orders repealing regulations; relating to agency review of public comment on the adoption, 1995-03-22 House Journal Page 0841 HB 130 amendment, and repeal of regulations; and requiring certain agencies to provide examples of compliance methods before adopting regulations, amendments of regulations, or orders repealing regulations." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Porter No recommendation (2): Green, Ivan Amend (1): Robinson The following fiscal notes apply to CSHB 130(STA): Fiscal notes (3), Office of the Governor, 3/20/95 Fiscal note, Dept. of Health & Social Services, 3/20/95 Indeterminate fiscal note, Dept. of Law, 3/20/95 Fiscal note, Dept. of Public Safety, 3/20/95 Zero fiscal note, Dept. of Administration, 3/20/95 Zero fiscal note, Office of the Governor, 3/20/95 Zero fiscal note, Dept. of Natural Resources, 3/20/95 HB 130 is in the Judiciary Committee. HB 158 The Finance Committee has considered: HOUSE BILL NO. 158 "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 158(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: 1995-03-22 House Journal Page 0842 HB 158 Do pass (2): Mulder, Martin No recommendation (4): Hanley, Parnell, Therriault, Foster Amend (3): Grussendorf, Brown, Navarre The following fiscal notes apply to CSHB 158(FIN): Fiscal note, Alaska Court System, 3/22/95 Zero fiscal note, Dept. of Law, 3/8/95 Zero fiscal note, Dept. of Administration, 3/8/95 Zero fiscal note, Dept. of Commerce & Economic Development, 3/8/95 HB 158 was referred to the Rules Committee for placement on the calendar. HB 163 The State Affairs Committee submitted a corrected report (page 806) on: HOUSE BILL NO. 163 "An Act requiring an agency to provide compliance cost estimates for proposed regulations, amendments, and repeals of regulations under certain circumstances." and recommends it be replaced with: CS FOR HOUSE BILL NO. 163(STA) "An Act relating to agency compliance cost estimates for proposed regulations, amendments, and repeals of regulations." The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Porter No recommendation (2): Green, Ivan Amend (1): Robinson The following fiscal notes apply to CSHB 163(STA): 1995-03-22 House Journal Page 0843 HB 163 Fiscal note, Dept. of Administration, 3/20/95 Fiscal note, Dept. of Environmental Conservation, 3/20/95 Fiscal notes (2), Office of the Governor, 3/20/95 Zero fiscal notes (2), Office of the Governor, 3/20/95 Zero fiscal note, Dept. of Health & Social Services, 3/20/95 Zero fiscal note, Dept. of Military & Veterans' Affairs, 3/20/95 Zero fiscal note, Dept. of Natural Resources, 3/20/95 HB 163 is in the Finance Committee. HB 197 The Resources Committee has considered: HOUSE BILL NO. 197 "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 197(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): MacLean, Davies, Kott, Williams, Green No recommendation (2): Austerman, Ogan A House Resources Committee letter of intent for CSHB 197(RES), signed by Representatives Green and Williams, Co-chairs, appears below: "It is the intent of the House Resources Committee that in implementing HB 197, the Division of Mining and Water make every effort to minimize and limit regulations. The committee views this legislation as a positive signal to investors who may be considering investment in Alaska. Promulgation of a complex set of regulations would send a negative message to investors who view complexity and uncertainty as undesirable." 1995-03-22 House Journal Page 0844 HB 197 The following fiscal notes apply to CSHB 197(RES): Fiscal note, Dept. of Natural Resources, 3/22/95 Indeterminate fiscal note, Dept. of Revenue, 3/22/95 HB 197 was referred to the Finance Committee. HB 200 The Finance Committee has considered: HOUSE BILL NO. 200 "An Act reassigning responsibility for the custody of persons pending their arraignments, commitment to the custody of the commissioner of corrections, or admission to a state correctional facility, and authorizing the commissioner of corrections to employ guards for emergencies on the same basis as the commissioner of public safety, as partially exempt service employees; and providing for an effective date." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Hanley, Mulder, Martin, Parnell, Grussendorf, Kohring, Therriault, Brown, Foster No recommendation (1): Navarre The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 3/14/95 HB 200 was referred to the Rules Committee for placement on the calendar. HB 212 The State Affairs Committee has considered: HOUSE BILL NO. 212 "An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land." 1995-03-22 House Journal Page 0845 HB 212 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): James No recommendation (4): Ogan, Porter, Ivan, Green Amend (1): Willis The following fiscal notes apply: Fiscal note, Dept. of Environmental Conservation, 3/22/95 Fiscal note, Dept. of Fish & Game, 3/22/95 Zero fiscal note, Dept. of Natural Resources, 3/22/95 HB 212 was referred to the Resources Committee. HB 248 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 248 "An Act relating to application of the Public Employment Relations Act to municipalities and other political subdivisions." The report was signed by Representatives Austerman and Ivan, Co- chairs, with the following individual recommendations: Do pass (1): Vezey Do not pass (1): Elton No recommendation (3): Austerman, Kott, Ivan The following fiscal note applies: Zero fiscal note, Dept. of Labor, 3/22/95 HB 248 was referred to the Labor & Commerce Committee. HB 257 The Health, Education & Social Services Committee has considered: 1995-03-22 House Journal Page 0846 HB 257 HOUSE BILL NO. 257 "An Act relating to student loan programs, interstate compacts for postsecondary education, and fees for review of postsecondary education institutions; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 257(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Robinson, Bunde, Toohey No recommendation (1): G.Davis Amend (1): Rokeberg The following fiscal note applies to CSHB 257(HES): Zero fiscal note, Dept. of Education, 3/22/95 HB 257 was referred to the Finance Committee. SB 55 The Finance Committee has considered: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Mulder, Kohring, Kelly, Therriault, Hanley No recommendation (2): Martin, Foster Amend (4): Parnell, Grussendorf, Brown, Navarre 1995-03-22 House Journal Page 0847 SB 55 The following fiscal notes apply: Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/3/95 Senate zero fiscal note, Dept. of Public Safety, 2/3/95 Senate zero fiscal note, Dept. of Health & Social Services, 2/3/95 SB 55 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HJR 9 The House Special Committee on Military and Veterans' Affairs has considered: HOUSE JOINT RESOLUTION NO. 9 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia, demanding that documents concerning these individuals be released; and requesting the other states to join in this suit. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 9(MLV) (same title) The report was signed by Representatives Kott and Ivan, Co-chairs, with the following individual recommendations: Do pass (4): Ivan, Willis, Foster, Kott The following fiscal note applies to CSHJR 9(MLV): Indeterminate fiscal note, Dept. of Law, 3/22/95 1995-03-22 House Journal Page 0848 HJR 9 HJR 9 was referred to the State Affairs Committee. HJR 30 The House Special Committee on World Trade and State/Federal Relations has considered: HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. The report was signed by Representative Barnes, Chair, with the following individual recommendations: Do pass (3): Mulder, Phillips, Barnes No recommendation (1): Kubina The following fiscal note applies: Zero fiscal note, WTR/None, 3/22/95 HJR 30 was referred to the Judiciary Committee. HB 207 The House Special Committee on Oil and Gas has considered: HOUSE BILL NO. 207 "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; relating to the depositing of royalties and royalty sale proceeds in the Alaska permanent fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 207(O&G) "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." 1995-03-22 House Journal Page 0849 HB 207 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (4): Ogan, Brice, Rokeberg, B.Davis No recommendation (1): G.Davis Amend (2): Williams, Finkelstein A House Special Committee on Oil and Gas letter of intent for CSHB 207(O&G), signed by Representative Rokeberg, Chair, appears below: "In amending AS 38.05.180(j) it is the intent of the House Special Committee on Oil and Gas to encourage the oil and gas industry in Alaska to develop uneconomic marginal oil and gas fields. Modification of the statutes will encourage future petroleum development in Alaska. The climate for additional capital investment will improve the State of Alaska's ability to compete in a world wide market. The legislation creates an incentive for industry to select Alaska as a place to invest. Continued investment in Alaska will produce quality jobs for Alaskans and an additional source of revenue for the State of Alaska. Oversight by the Royalty Oil and Gas Development Advisory Board will insure that the State of Alaska's best interests are protected. A stronger definition of a delineated field was included to remove ambiguities. A sliding scale royalty or other mechanism on undeveloped fields has been included for use by the Commissioner of Natural Resources when the price of oil or gas changes. The relevant factors of proved reserves, well productivity or capital investment were elevated to a higher level of consideration if production would not otherwise be economically feasible for a field, pool, or portion of a field or pool. A better relationship between the State of Alaska and Alaska's primary industry will enable Alaska to be the first choice for investment opportunities." The following fiscal notes apply to CSHB 207(O&G): Indeterminate fiscal note, Dept. of Revenue, 3/22/95 1995-03-22 House Journal Page 0850 HB 207 Fiscal note, Dept. of Natural Resources, 3/8/95 Zero fiscal note, Dept. of Revenue, 2/27/95 HB 207 was referred to the Resources Committee. HB 232 The House Special Committee on Economic Development has considered: HOUSE BILL NO. 232 "An Act establishing an economic development tax credit; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 232(ECD) (same title) The report was signed by Representative Sanders, Chair, with the following individual recommendations: Do pass (6): Kelly, Moses, MacLean, Kohring, Sanders, Rokeberg The following fiscal notes apply to CSHB 232(ECD): Fiscal note, Dept. of Commerce & Economic Development, 3/22/95 Indeterminate fiscal note, Dept. of Revenue, 3/22/95 HB 232 was referred to the State Affairs Committee. SJR 12 The House Special Committee on World Trade and State/Federal Relations has considered: CS FOR SENATE JOINT RESOLUTION NO. 12(RES) Relating to the United States Department of Agriculture, Forest Service; relating to the United States Department of Agriculture, Forest Service, strategic plan known as "Reinvention of the Forest Service"; and advocating that implementation of the plan be suspended pending Congressional review and consultation with local governments. 1995-03-22 House Journal Page 0851 SJR 12 The report was signed by Representative Barnes, Chair, with the following individual recommendations: Do pass (3): Mulder, Phillips, Barnes No recommendation (1): Kubina The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 2/14/95 CSSJR 12(RES) was referred to the Resources Committee. SB 3 The House Special Committee on Fisheries has considered: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (2): Elton, Moses No recommendation (1): Austerman The following fiscal note applies: Senate zero fiscal note, Dept. of Labor, 2/6/95 SB 3 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: 1995-03-22 House Journal Page 0852 Honoring - Emergency Medical Technicians of the Matanuska-Susitna Valley By Representatives Masek, Kohring, Ogan; Senators Green, Halford Honoring - Alaska All-State Hockey Team By Representative Rokeberg Honoring - Raj Bhargava, P.E., 1994 Engineer of the Year By Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 271 HOUSE BILL NO. 271 by Representative Navarre, entitled: "An Act relating to multiple-beneficiary charitable gaming." was read the first time and referred to the Community & Regional Affairs, Labor & Commerce and Finance Committees. HB 272 HOUSE BILL NO. 272 by Representative Hanley, entitled: "An Act relating to municipal taxation of motor vehicles; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs and Finance Committees. HB 273 HOUSE BILL NO. 273 by Representative Vezey, entitled: "An Act relating to electric utilities." was read the first time and referred to the Community & Regional Affairs and Labor & Commerce Committees. HB 274 HOUSE BILL NO. 274 by the House Rules Committee by request of the Governor, entitled: 1995-03-22 House Journal Page 0853 HB 274 "An Act relating to the state's tuberculosis control program, including provisions for certain penalties; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Law, 3/22/95 Zero fiscal notes (2), Dept. of Administration, 3/22/95 Zero fiscal note, Dept. of Health & Social Services, 3/22/95 The Governor's transmittal letter, dated March 21, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill to update the state's tuberculosis control program to ensure that our statutes expressly recognize constitutional requirements when the state must order a person involuntarily detained or confined for essential medical testing or treatment or to protect the public health. The bill also makes miscellaneous amendments to recognize new developments in the field and to improve the reporting requirements for a case involving a person with tuberculosis. Tuberculosis is still a serious public health problem in Alaska. Tuberculosis is a disease that can be spread through fairly routine contact such as coughing in a confined, crowded area. In 1994, tuberculosis was diagnosed in several outbreaks in rural villages in Alaska. Tuberculosis can be successfully treated, but the treatment requires a patient to take medication for six months to 24 months. Since some patients face lifestyle problems that make it difficult for that patient to voluntarily successfully complete the entire course of treatment or to isolate themselves from the public to protect the public health, it is sometimes necessary for orders to be issued and enforced to ensure that the patient is following the treatment plan or is isolated from the public. If treatment is prematurely abandoned, a patient's 1995-03-22 House Journal Page 0854 HB 274 tuberculosis can become more resistant to treatment and place the public at risk of catching an even more difficult form of this disease in the future. The state's tuberculosis control program and involuntary detention laws should be revised to explicitly recognize constitutional safeguards required in order to quickly respond to tuberculosis incidents and to detain or confine a person if that person is unable or unwilling to undergo treatment and is a threat to the public health. While the Department of Health and Social Services anticipates that the involuntary detention and commitment provisions in the bill will be used only rarely because most people will voluntarily take treatment and use safeguards when advised by a medical professional, the bill is necessary to allow a system to be in place to respond quickly in a crisis situation. I urge your support of this bill in response to an important public health issue. Sincerely, /s/ Tony Knowles Governor" HB 275 HOUSE BILL NO. 275 by Representative Masek, entitled: "An Act relating to fishery management plans adopted by the Board of Fisheries." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. HB 276 HOUSE BILL NO. 276 by Representatives Navarre and Brice, entitled: "An Act relating to legislative per diem; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. 1995-03-22 House Journal Page 0855 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 80 The following was read the second time: HOUSE BILL NO. 80 "An Act relating to the approval, change, or vacation of subdivision plats in areas outside organized boroughs, in the unorganized borough outside of cities, and in the third class boroughs; and relating to the definitions of 'street' and 'subdivision'." with the: Journal Page CRA RPT CS(CRA) NEW TITLE 3DP 4NR 443 2 FISCAL NOTES (DCRA, DNR) 443 RES RPT CS(CRA) NEW TITLE 5DP 481 2 FISCAL NOTES (DNR, DCRA) 2/22/95 482 ADDITIONAL REFERRAL TO FIN 509 FIN RPT CS(CRA) NEW TITLE 8DP 735 FISCAL NOTE (DNR) 736 FISCAL NOTE (DCRA) 2/22/95 736 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 80(CRA) "An Act establishing the Department of Natural Resources as the platting authority in certain areas of the state; relating to subdivisions and dedications; and providing for an effective date." There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 80(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 80(CRA) was read the third time. 1995-03-22 House Journal Page 0856 HB 80 The question being: "Shall CSHB 80(CRA) pass the House?" The roll was taken with the following result: CSHB 80(CRA) Third Reading Final Passage YEAS: 30 NAYS: 5 EXCUSED: 2 ABSENT: 3 Yeas: Austerman, Barnes, Brown, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Bunde, Davies, Finkelstein, Kubina, Navarre Excused: MacLean, Nicholia Absent: Brice, Kelly, Masek And so, CSHB 80(CRA) 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 Navarre gave notice of reconsideration of his vote on CSHB 80(CRA). Representative Vezey moved and asked unanimous consent that the House recess until 11:00 a.m. for a joint session. There being no objection, the House recessed at 10:56 a.m., to allow members of the Senate to enter the Chamber. 1995-03-22 House Journal Page 0857 JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Pearce who called the joint session to order at 11:08 a.m. The purpose of the joint session was to hear an address by the Honorable Daniel Moore, Jr., Chief Justice of the Alaska Supreme Court. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. President Pearce appointed Representative Parnell and Senator Donley to escort the Chief Justice to the joint session. The Senate Sergeant-at-arms announced the Chief Justice's entrance into the House Chamber. Chief Justice Daniel Moore, Jr. was escorted to the rostrum and welcomed by President Pearce. Chief Justice Daniel Moore introduced Justice Warren Matthews, Justice Allen Compton, and Justice Robert L. Eastaugh. Justice Jay Rabinowitz, unable to be in attendance, was recognized by Chief Justice Moore for his 30 years of service to Alaska. Justice Rabinowitz received a standing ovation from the members of the joint session. Chief Justice Moore's address appears in Senate & House Joint Journal Supplement No. 11. Chief Justice Moore received a standing ovation and was escorted from the Chamber by Representative Parnell and Senator Donley. 1995-03-22 House Journal Page 0858 Senator Halford moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 11:40 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. AFTER RECESS The Speaker called the House back to order at 12:08 p.m. A second quorum call showed 26 members present. Representative Vezey noted that Representative Kelly was excused due to illness. **However, the presence of Representative Kelly was noted. SECOND READING OF HOUSE BILLS (continued) HB 115 The following was read the second time: HOUSE BILL NO. 115 "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims." with the: Journal Page L&C RPT 2DP 2DNP 2NR 1AM 230 2 ZERO FISCAL NOTES (LAW, LABOR) 231 JUD RPT CS(JUD) (NEW TITLE) 3DP 1NR 3AM 769 2 ZERO FISCAL NOTES (LABOR, LAW) 2/3/95 769 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1995-03-22 House Journal Page 0859 HB 115 CS FOR HOUSE BILL NO. 115(JUD) "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Elton: Page 3, line 17, following "receipt.": Insert "A waiver of liquidated damages may not be a condition of employment." Representative Elton moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Representative Elton moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 by was offered by Representative Finkelstein: Page 2, lines 15 - 23: Delete all material. Insert "." Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1995-03-22 House Journal Page 0860 HB 115 CSHB 115(JUD) Second Reading Amendment No. 2 YEAS: 14 NAYS: 24 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Masek, Navarre, Robinson, Sanders, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: MacLean, Nicholia And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Davies: Page 3, line 8, following "right": Insert "as to this claim" Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 115(JUD) am be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB 115(JUD) am will be in third reading on the March 24, 1995, calendar. 1995-03-22 House Journal Page 0861 HB 215 The following was read the second time: HOUSE BILL NO. 215 "An Act relating to suspension of a student from a public school." with the: Journal Page HES RPT 6DP 637 ZERO FISCAL NOTE (DOE) 638 Representative Vezey moved and asked unanimous consent that HB 215 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 215 was read the third time. Representative Vezey moved and asked unanimous consent that HB 215 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, line 11, following "employed": Insert "or volunteering" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall HB 215 am pass the House?" The roll was taken with the following result: 1995-03-22 House Journal Page 0862 HB 215 HB 215 am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: MacLean, Nicholia Absent: Barnes And so, HB 215 am passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 78 The following was read the second time: SENATE BILL NO. 78 am "An Act related to the authority of certain beverage dispensary licensees to stock alcoholic beverages in guest rooms and prohibiting certain room rentals for the purpose of providing alcoholic beverages to a person under 21 years of age." with the: Journal Page L&C RPT 4DP 811 SENATE ZERO FISCAL NOTE (REV) 2/15/95 811 Representative Vezey moved and asked unanimous consent that SB 78 am be considered engrossed, advanced to third reading and placed on final passage. 1995-03-22 House Journal Page 0863 SB 78 Representative Ogan objected and withdrew the objection. There being no further objection, it was so ordered. SB 78 am was read the third time. Representative Mackie moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Mackie was required to vote. The question being: "Shall SB 78 am pass the House?" The roll was taken with the following result: SB 78 am Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Masek, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Green, Kelly, Kohring, Mackie, Martin, Ogan Excused: MacLean, Nicholia Absent: Sanders And so, SB 78 am passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 20 The following, which was advanced to third reading from the March 20, 1995, calendar (page 818), was read the third time: 1995-03-22 House Journal Page 0864 HB 20 CS FOR HOUSE BILL NO. 20(FIN) am "An Act relating to conveyance of certain tide and submerged land to municipalities; and providing for an effective date." The question being: "Shall CSHB 20(FIN) am pass the House?" The roll was taken with the following result: CSHB 20(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Martin, Navarre Excused: MacLean, Nicholia Absent: Masek, Sanders And so, CSHB 20(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. CSHB 20(FIN) am was referred to the Chief Clerk for engrossment. 1995-03-22 House Journal Page 0865 LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - U.S. Alpine Skiing Masters Championship Participants, Coordinators, and Volunteers By Representatives Toohey, Bunde, Phillips, Brice, Brown, Davies, B. Davis, Elton, Green, Hanley, James, Kubina, Mackie, Mulder, Navarre, Ogan, Parnell, Rokeberg, Porter, Vezey, Willis Honoring - Valdez Academic Decathlon Team By Representatives Kubina, Bunde, Davies, B. Davis, Elton, James, Mackie, MacLean, Navarre, Parnell, Toohey, Willis; Senator Lincoln Honoring - The Chatham School District By Senator Zharoff; Representatives Mackie, Davies, B. Davis, Elton, Grussendorf, James, Kubina, Mackie, Navarre, Toohey, Willis Honoring - Rear Admiral Roger T. Rufe By Senators Zharoff, Duncan; Representatives Phillips, Austerman, Brice, B. Davis, Elton, Foster, James, Kubina, Mackie, MacLean, Mulder, Navarre, Ogan, Parnell, Rokeberg, Toohey, Vezey, Willis RECONSIDERATION HB 173 Representative Brown brought up reconsideration of the vote on HB 173 (page 819). The following was again before the House in third reading: HOUSE BILL NO. 173 "An Act relating to reports by state agencies." 1995-03-22 House Journal Page 0866 HB 173 The question to be reconsidered: "Shall HB 173 pass the House?" The roll was taken with the following result: HB 173--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: MacLean, Nicholia Absent: Sanders And so, HB 173 passed the House on reconsideration. Representative Brown moved and asked unanimous consent that the House adopt the following letter of intent offered by Representatives Brown, G.Davis and Davies: "It is the intent of the Legislature that state agencies, when notifying the Legislature that a report is available, should also provide a brief synopsis or executive summary of the report. It is further the intent of the Legislature that, if feasible, agencies provide this notification to all members via the legislative electronic network in addition to providing notice to the House Chief Clerk and Senate Secretary, and further that agencies make the contents of the report available in electronic format and accessible through electronic networks." Representative Martin objected. An amendment to the letter of intent was offered by Representative G.Davis: Line 3, after "report." Delete all material 1995-03-22 House Journal Page 0867 HB 173 Representative G.Davis moved and asked unanimous consent that the amendment to the letter of intent be adopted. Representative Brown objected. Representative G.Davis moved and asked unanimous consent to withdraw the amendment to the letter of intent. There being no objection, it was so ordered. The question being: "Shall the letter of intent to HB 173 be adopted?" The roll was taken with the following result: HB 173--RECONSIDERATION Third Reading Letter of Intent YEAS: 34 NAYS: 2 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Martin, Vezey Excused: MacLean, Nicholia Absent: Moses, Sanders And so, the letter of intent was adopted. HB 173 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-03-22 House Journal Page 0868 UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Phillips - from 8:10 p.m., March 24 to 5:57 p.m., plane time, March 25, 1995 Representative Masek - from 6:55 p.m., March 24 to 9:29 a.m., plane time, March 27, 1995 Representative Therriault - from 6:55 p.m., March 24 to 9:00 a.m., plane time, March 27, 1995 Representative Brown - from 8:10 p.m., March 31 to 8:48 p.m., plane time, April 2, 1995 Representative Bunde - from 6:00 p.m., March 31 to 9:15 p.m., plane time, April 2, 1995 Representative Davies - from 8:00 p.m., March 24 to 9:29 a.m., plane time, March 27, 1995 Representative B.Davis - from 6:30 a.m., March 31 to 8:48 p.m., plane time, April 2, 1995 Representative G.Davis - from 7:10 a.m., March 31 to 10:02 p.m., plane time, April 4, 1995 Representative Green - from 6:40 p.m., March 31 to 10:02 p.m., plane time, April 4, 1995 SB 1 The Speaker waived the House Special Committee on World Trade and State/Federal Relations referral on the following at the request of Representative Barnes, Chair: SENATE BILL NO. 1 "An Act relating to state implementation of federal statutes." SB 1 was referred to the State Affairs Committee. 1995-03-22 House Journal Page 0869 HB 78 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 78 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project." SB 14 Representative Finkelstein added his name as cross-sponsor to: CS FOR SENATE BILL NO. 14(JUD) "An Act relating to criminal mischief." SB 55 Representative Bunde added his name as cross-sponsor to: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." SB 78 Representative Ogan added his name as cross-sponsor to: SENATE BILL NO. 78 am "An Act related to the authority of certain beverage dispensary licensees to stock alcoholic beverages in guest rooms and prohibiting certain room rentals for the purpose of providing alcoholic beverages to a person under 21 years of age." ENGROSSMENT AND ENROLLMENT HR 8 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:20 a.m., March 21, 1995: 1995-03-22 House Journal Page 0870 HR 8 HOUSE RESOLUTION NO. 8 am Relating to consolidation of AHFC office space and to the "AHFC Anchorage Office Consolidation Purchase Agreement." ENGROSSMENT HB 20 CSHB 20(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 173 HB 173 was engrossed, signed by the Speaker and Chief Clerk and transmitted with a House Letter of Intent to the Senate for consideration. HB 215 HB 215 am 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. Judiciary Committee Capitol 120 2:00 p.m., 3/22 Transportation Committee Capitol 17 after adjournment, 3/22 Finance Committee Capitol 519 2:00 p.m., 3/22 Children's Caucus Alaska Office Building Room 123 4:00 p.m., 3/22 1995-03-22 House Journal Page 0871 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 24, 1995. There being no objection, the House adjourned at 1:39 p.m. Suzi Lowell Chief Clerk