Legislature(1995 - 1996)
1995-03-28 House Journal
Full Journal pdf1995-03-28 House Journal Page 0951 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 28, 1995 Seventy-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:13 a.m. Roll call showed 29 members present. Representatives Davies and Masek were excused due to illness. Representatives Barnes, Finkelstein, Hanley, Kubina, MacLean, Mulder and Therriault were absent. 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 Ivan - March 28, 1995 Representative Sanders - from March 28 to 9:00 p.m., March 30, 1995 The invocation was offered by the Chaplain, Greg Lindsay, Senior Pastor of the Northern Light United Church. Representative Mackie moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "In respect of the religious traditions of each person present, let us pray: God of endless love, we welcome the coming of Spring as a reminder of the renewal that is possible in our lives. We offer You our thanks for what is possible even this day. Great instructor, teach us what it means to be a servant. Remind us of those who are in need of us the most; the 1 1995-03-28 House Journal Page 0952 children, the poor, the elderly, the ones who suffer. Move in us and through us that we might put on a garment of servanthood, one like no one has ever seen. Amen." The Pledge of Allegiance was led by Representative Porter. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 71st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 92 A message dated March 27, 1995, was read stating the Senate has passed: HOUSE BILL NO. 92 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning; and providing for an effective date." HB 92 was referred to the Chief Clerk for enrollment. COMMUNICATIONS The following communication, dated March 27, 1995, was received from Representative Martin, Chair, Legislative Budget and Audit Committee: "Dear Madam Speaker: The Legislative Budget and Audit Committee has met to consider the governor's appointees to the Alaska Permanent Fund Board of Trustees. 1995-03-28 House Journal Page 0953 As you may know, the legislature no longer has the authority to confirm appointees to this board; however, the LBA committee is directed by statute to review the qualifications of the appointees and make recommendations to the legislature. Accordingly, the committee has met and considered the qualifications of Grace Schaible, Melphine Evans Reynolds, and Eric Wohlforth, and has unanimously agreed all are qualified to represent the people of Alaska on this critical board." REPORTS OF STANDING COMMITTEES HB 203 The Judiciary Committee has considered: HOUSE BILL NO. 203 "An Act relating to the meaning of the phrase "previously convicted" as that phrase applies to the operation of a motor vehicle, commercial motor vehicle, aircraft, or watercraft while intoxicated." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Vezey, Finkelstein, B.Davis, Porter, Green, Bunde, Toohey The following fiscal notes apply: Zero fiscal note, Alaska Court System, 3/28/95 Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Corrections, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Public Safety, 2/27/95 HB 203 was referred to the Rules Committee for placement on the calendar. 1995-03-28 House Journal Page 0954 HB 204 The Judiciary Committee has considered: HOUSE BILL NO. 204 "An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol; establishing penalties for these offenses; and relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Finkelstein, B.Davis, Green, Bunde, Toohey No recommendation (1): Vezey The following fiscal notes apply: Indeterminate fiscal note, Alaska Court System, 3/28/95 Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal notes (2), Dept. of Public Safety, 2/27/95 The Speaker added a referral to the Finance Committee; and so, HB 204 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - Alice Walker Scott By Representative Foster In Memoriam - Adolf Stock By Senators Sharp, Miller, Frank; Representatives Kelly, Brice, James, Vezey, Therriault, Davies 1995-03-28 House Journal Page 0955 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 286 HOUSE BILL NO. 286 by Representatives Williams and Toohey, entitled: "An Act providing an exemption from gambling and certain alcoholic beverage laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining 'cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; providing an exemption from the coin-operated device tax for cruise ships exempted from the gambling laws; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. **The presence of Representatives Finkelstein, Therriault, Kubina, Hanley and Mulder was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 158 The following, which had been held in second reading to today's calendar (page 946), was again before the House: CS FOR HOUSE BILL NO. 158(FIN) am "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." Amendment No. 11 was offered by Representative Finkelstein: Page 5, line 22: Delete "$300,000" Insert "$1,000,000" 1995-03-28 House Journal Page 0956 HB 158 Representative Finkelstein moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Porter objected. **The presence of Representative MacLean was noted. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 11 YEAS: 14 NAYS: 19 EXCUSED: 4 ABSENT: 3 Yeas: Austerman, Brice, Brown, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Mackie, MacLean, Navarre, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Excused: Davies, Ivan, Masek, Sanders Absent: Barnes, Kubina, Nicholia And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative B.Davis: Page 12, line 7, after "contractor": Insert ", and if the health care provider is covered by a minimum of one million dollars of liability insurance for medical malpractice" Representative B.Davis moved and asked unanimous consent that Amendment No. 12 be adopted. 1995-03-28 House Journal Page 0957 HB 158 Representative Toohey objected. **The presence of Representative Barnes was noted. Representative Mackie placed a call of the House. The call was satisfied. Representative B.Davis moved and asked unanimous consent to withdraw Amendment No. 12. There being no objection, it was so ordered. **The presence of Representative Ivan was noted. Representative Vezey moved and asked unanimous consent that CSHB 158(FIN) am be returned to the Rules Committee. There being no objection, it was so ordered. ANNOUNCEMENTS Minority Caucus upon recess, 3/28 Representative Vezey moved and asked unanimous consent that the House recess until 6:00 p.m. There being no objection, the House recessed at 12:04 p.m. AFTER RECESS The House was called back to order at 6:22 p.m. SECOND READING OF HOUSE BILLS (continued) HB 197 The following was read the second time: 1995-03-28 House Journal Page 0958 HB 197 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." with the: Journal Page RES RPT CS(RES) 5DP 2NR 843 RES LETTER OF INTENT 843 INDETERMINATE FISCAL NOTE (REV) 844 FISCAL NOTE (DNR) 844 FIN RPT CS(RES) 5DP 3NR 1AM 891 RESOURCES LETTER OF INTENT 892 FISCAL NOTE (DNR) 3/22/95 892 INDETERMINATE FISCAL NOTE (REV) 3/22/95 892 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. 197(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 197(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 197(RES) was read the third time. The question being: "Shall CSHB 197(RES) pass the House?" The roll was taken with the following result: 1995-03-28 House Journal Page 0959 HB 197 CSHB 197(RES) Third Reading Final Passage YEAS: 32 NAYS: 1 EXCUSED: 3 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Brown Excused: Davies, Masek, Sanders Absent: Finkelstein, Kubina, Navarre, Williams And so, CSHB 197(RES) 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 Vezey moved and asked unanimous consent that the House adopt the Resources Committee Letter of Intent (page 843). There being no objection, it was so ordered. Representative Finkelstein gave notice of reconsideration of his vote on CSHB 197(RES). SECOND READING OF SENATE BILLS SB 55 The following was read the second time: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." 1995-03-28 House Journal Page 0960 SB 55 with the: Journal Page FIN REFERRAL ADDED 453 L&C RPT 3DP 4NR 524 3 SEN ZERO FNS (DHSS, DPS, DCED) 2/3/95 525 FIN RPT 5DP 2NR 4AM 846 3 SEN ZERO FNS (DCED, DPS, DHSS) 2/3/95 847 Amendment No. 1 was offered by Representatives Brown and Martin: Page 1, after line 2: Delete all material. Insert a new section to read "* Section 1. AS 29.35.131(b), 29.35.131(c), 29.35.131(d), 29.35.131(e), 29.35.131(f), and 29.35.137(4) are repealed July 1, 1998." Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative G.Davis objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: SB 55 Second Reading Amendment No. 1 YEAS: 18 NAYS: 19 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Martin, Navarre, Nicholia, Parnell, Robinson, Therriault, Vezey, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Moses, Mulder, Ogan, Phillips, Porter, Rokeberg, Toohey, Williams 1995-03-28 House Journal Page 0961 SB 55 Excused: Davies, Masek, Sanders Ivan changed from "Yea" to "Nay". Therriault changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that SB 55 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 55 was read the third time. The question being: "Shall SB 55 pass the House?" The roll was taken with the following result: SB 55 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Davies, Masek, Sanders And so, SB 55 passed the House. Representative Brown gave notice of reconsideration of her vote on SB 55. THIRD READING OF HOUSE BILLS HB 17 The following, which was advanced to third reading from the March 27, 1995, calendar (page 935), was read the third time: 1995-03-28 House Journal Page 0962 HB 17 CS FOR HOUSE BILL NO. 17(L&C) am "An Act expanding the services that may be offered by an electric cooperative to include sewer and water and gas services when authorized by the Alaska Public Utilities Commission, and to include direct satellite television services; 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." Representative Barnes moved and asked unanimous consent that CSHB 17(L&C) am be returned to second reading for the specific purpose of considering Amendment No. 4. Representative Vezey objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 4 was offered by Representatives Barnes, Green, Brown and Mackie: Page 2, line 3, following "provider": Delete "of the same kind of utility service" Insert "under AS 10.25.020(6) and (7)" Representative Barnes moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected and withdrew the objection. Representative Vezey objected and withdrew the objection. There being no further objection, it was so ordered. Representative Brown moved and asked unanimous consent that CSHB 17(L&C) am be referred to the Finance Committee. Representative Green objected. Representative Brown moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 1995-03-28 House Journal Page 0963 HB 17 Representative Hanley moved and asked unanimous consent that the House adopt the following fiscal note which applies to CSHB 17(L&C) am: Fiscal note, Dept. of Commerce & Economic Development, 3/28/95 There being no objection, it was so ordered. The question being: "Shall CSHB 17(L&C) am pass the House?" The roll was taken with the following result: CSHB 17(L&C) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: Davies, Masek, Sanders And so, CSHB 17(L&C) 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 Navarre gave notice of reconsideration of his vote on CSHB 17(L&C) am. 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: 1995-03-28 House Journal Page 0964 Honoring - Daniel Weatherly II, Eagle Scout By Representatives Phillips, Bunde, Davies, B. Davis, G. Davis, Foster, Hanley, James, Kubina, MacLean, Mackie, Mulder, Navarre, Nicholia, Ogan, Porter, Robinson, Rokeberg, Toohey, Vezey, Willis Honoring - East High School Boys' Basketball Team, 1995 4A State Champions By Representatives B.Davis, Brown, Bunde, B. Davis, G. Davis, Elton, Finkelstein, Foster, Green, Hanley, James, Kohring, Kubina, MacLean, Mackie, Martin, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Toohey, Vezey, Willis Honoring - Chefornak Scholars By Representatives Ivan, Phillips, Bunde, Davies, B. Davis, Elton, Foster, James, Kubina, MacLean, Mackie, Mulder, Navarre, Nicholia, Rokeberg, Toohey, Vezey, Willis; Senator Hoffman Honoring - Kasigluk Scholars By Representatives Ivan, Phillips, Bunde, Davies, B. Davis, Elton, Foster, James, Kubina, MacLean, Mackie, Mulder, Navarre, Nicholia, Rokeberg, Toohey, Vezey, Willis; Senator Hoffman Honoring - Stan Stephens for his Contributions to Prince William Sound By Representatives Kubina, Finkelstein, Brice, Brown, Davies, B. Davis, Elton, Hanley, James, MacLean, Mackie, Mulder, Nicholia, Navarre, Robinson, Sanders, Toohey, Willis; Senator Lincoln Honoring - Noorvik Bears Girls' Basketball Team, Division 1A State Champions By Senator Adams; Representatives MacLean, Phillips, Brice, B. Davis, Elton, Foster, Green, James, Kubina, Mackie, Nicholia, Navarre, Sanders, Toohey, Willis Honoring - Lower Kuskokwim School District Academic Decathlon By Senator Hoffman; Representatives Ivan, Brice, Bunde, B. Davis, Elton, Foster, Green, Ivan, James, Kubina, MacLean, Mackie, Navarre, Nicholia, Sanders, Toohey, Willis 1995-03-28 House Journal Page 0965 Honoring - Brigadier General Thomas R. Case, Elmendorf Air Force Base By Senator Leman; Representatives Martin, Mulder, Phillips, Brice, B. Davis, Elton, Foster, Hanley, Ivan, James, Kubina, Mackie, Nicholia, Navarre, Ogan, Parnell, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Edna Wise By Representatives Vezey, Therriault, Kelly, James, Brice, Davies, Phillips, B. Davis, Foster, James, Kott, Kubina, Mackie, Rokeberg, Sanders, Toohey, Willis; Senators Frank, Miller, Sharp In Memoriam - Jean Gadbury By Representatives Vezey, Therriault, Kelly, James, Brice, Davies, Phillips, B. Davis, Foster, James, Kott, Kubina, Mackie, Rokeberg, Sanders, Toohey, Willis; Senators Frank, Miller, Sharp In Memoriam - Waldo Lee Bishop By Senators Leman, Torgerson; Representatives G.Davis, Phillips, B. Davis, Foster, James, Kott, Mackie, Nicholia, Rokeberg, Sanders, Toohey, Willis In Memoriam - Patricia Ann Oaks By Senator Sharp; Representatives Phillips, Brice, Davies, B. Davis, Foster, James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Toohey, Vezey In Memoriam - Florence Boyd Oaks By Senator Sharp, Representatives Phillips, Brice, Davies, B. Davis, Foster, James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Toohey, Vezey RECONSIDERATION HB 115 Representative Kubina brought up reconsideration of the vote on CSHB 115(JUD) am which had been held to today (page 945). The following was again before the House in third reading: 1995-03-28 House Journal Page 0966 HB 115 CS FOR HOUSE BILL 115(JUD) am "An Act relating to settlement and payment of claims for overtime compensation claims and to liquidated damages and attorney fees for overtime compensation claims." The question to be reconsidered: "Shall CSHB 115(JUD) am pass the House?" The roll was taken with the following result: CSHB 115(JUD) am--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, B.Davis, Elton, Finkelstein, Kubina, Navarre, Robinson, Willis Excused: Davies, Masek, Sanders And so, CSHB 115(JUD) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 90 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 90 "An Act changing the date that the legislature convenes in the years following a gubernatorial election." HB 90 was sent to the Rules Committee for placement on the calendar. 1995-03-28 House Journal Page 0967 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 7:10 a.m., March 31 to 9:29 a.m., plane time, April 5, 1995 Representative Mackie - from 7:10 a.m., March 31 to 9:08 a.m., plane time, April 5, 1995 Representative Rokeberg - from 2:00 p.m., March 30 to 10:00 p.m., plane time, April 5, 1995 Representative Navarre - from 7:10 a.m., March 30 to 10:00 a.m., plane time, April 4, 1995 Representative Brown - from 8:48 p.m., April 2 to 8:48 p.m., plane time, April 4, 1995 (amended from page 868) Representative Sanders - from 9:00 a.m., March 28 to 10:00 p.m., plane time, March 30, 1995 Representative Masek - from 9:00 a.m., March 28 to 10:00 a.m., March 29, 1995 Representative B.Davis - from 6:30 a.m., March 30 to 8:54 p.m., plane time, April 4, 1995 (amended from page 868) Representative MacLean - from the evening of March 29 to the evening of April 3, 1995 HB 197 Representatives Toohey, Brice, Phillips, Mackie and James added their names as cosponsors to: CS FOR HOUSE BILL NO. 197(RES) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." 1995-03-28 House Journal Page 0968 ENGROSSMENT HB 115 CSHB 115(JUD) 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. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 29, 1995. There being no objection, the House adjourned at 7:24 p.m. Suzi Lowell Chief Clerk