Legislature(1995 - 1996)

1995-04-10 House Journal

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1995-04-10                     House Journal                      Page 1207
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday             April 10, 1995         
                                                                               
                                                                               
                               Eighty-fifth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:33 a.m.                                                         
                                                                               
                                                                               
Roll call showed 38 members present.  Representatives Kubina and               
MacLean were absent.                                                           
                                                                               
                                                                               
The invocation was offered by the Chaplains, Alexander Majewski and            
Nancy Rose of Eckankar.  Representative Vezey moved and asked                  
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"Many religions, including Eckankar, use `Thy will be done.'                  
Perhaps we all are conscious of seeking divine guidance from                   
God in our times of being tested and tried.                                    
                                                                               
The word HU, H-U is an ancient name for God.  Hallelujah                      
is a variation of the HU.  It is prayer with God.  Many find                   
that simply entering into the pure sound of this name of God                   
opens an inner door to truth, balance, and goodwill.                           
                                                                               
With our attention on our hearts, God's temple, let us pray.                  
HUUU.....                                                                      
                                                                               
May the Blessings Be!"                                                        
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Martin.                     
                                                                               
                                       1                                       

1995-04-10                     House Journal                      Page 1208
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 83rd and 84th legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
A letter dated March 21, 1995, was read stating that, in accordance            
with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska            
Constitution, the Governor submits the following names for legislative         
confirmation of appointment to the positions noted.  The Speaker               
referred the following to the Health, Education & Social Services              
Committee:                                                                     
                                                                               
University of Alaska Board of Regents                                         
		Chancy Croft, Anchorage                                                      
			Appointed: 03/20/95  Expires: 02/01/03                                      
                                                                               
		Joe J. Thomas, Fairbanks                                                     
			Appointed: 03/20/95  Expires:  02/01/03                                     
                                                                               
Resumes for the appointments are on file in the Chief Clerk's office.          
                                                                               
                                                                               
HR 1                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE RESOLUTION NO. 1                                                        
Establishing a House Special Committee on Economic                            
Development.                                                                   
                                                                               
House Resolve No. 6                                                           
                                                                               
HR 2                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               

1995-04-10                     House Journal                      Page 1209
HR 2                                                                         
HOUSE RESOLUTION NO. 2                                                        
Establishing a House Special Committee on World Trade and                     
State/Federal Relations.                                                       
                                                                               
House Resolve No. 1                                                           
                                                                               
                                                                               
HR 3                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE RESOLUTION NO. 3                                                        
Establishing a House Special Committee on International Trade                 
and Tourism.                                                                   
                                                                               
House Resolve No. 2                                                           
                                                                               
                                                                               
HR 4                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE RESOLUTION NO. 4                                                        
Establishing a House Special Committee on Military and Veterans'              
Affairs.                                                                       
                                                                               
House Resolve No. 3                                                           
                                                                               
                                                                               
HR 5                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE RESOLUTION NO. 5                                                        
Establishing a House Special Committee on Fisheries.                          
                                                                               
House Resolve No. 4                                                           
                                                                               

1995-04-10                     House Journal                      Page 1210
HR 6                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE RESOLUTION NO. 6                                                        
Establishing a House Special Committee on Oil and Gas.                        
                                                                               
House Resolve No. 5                                                           
                                                                               
HR 8                                                                         
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE RESOLUTION NO. 8 am                                                     
Relating to consolidation of AHFC office space and to the "AHFC               
Anchorage Office Consolidation Purchase Agreement."                            
                                                                               
House Resolve No. 7                                                           
                                                                               
HCR 8                                                                        
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 8                                             
Designating the month of March as "Women's History Month."                    
                                                                               
Legislative Resolve No. 11                                                    
                                                                               
HJR 18                                                                       
A message dated April 7, 1995, was read stating the Governor has               
signed the following resolution and is transmitting the engrossed and          
enrolled copies to the Lieutenant Governor's office for permanent              
filing:                                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 18 am                                              
Relating to medical savings account legislation.                              
                                                                               
Legislative Resolve No. 12                                                    
                                                                               

1995-04-10                     House Journal                      Page 1211
HJR 27                                                                       
A message dated April 7, 1995, was read stating the Governor has               
signed the following resolution and is transmitting the engrossed and          
enrolled copies to the Lieutenant Governor's office for permanent              
filing:                                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 27 am                                              
Requesting the United States Congress to accommodate Alaska's                 
wetlands circumstances in the federal Clean Water Act                          
reauthorization by increasing statutory flexibility on wetlands use            
in Alaska, and to recognize Alaska's unique and outstanding                    
history of wetlands conservation.                                              
                                                                               
Legislative Resolve No. 10                                                    
                                                                               
                                                                               
SCR 4                                                                        
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
SENATE CONCURRENT RESOLUTION NO. 4                                            
Naming the Poet Laureate of Alaska.                                           
                                                                               
Legislative Resolve No. 9                                                     
                                                                               
                                                                               
SCR 6                                                                        
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
SENATE CONCURRENT RESOLUTION NO. 6                                            
Strongly urging the Governor to continue the lawsuit known as                 
State of Alaska v. Babbitt, C.A. No. 94-35480, and to pursue the               
State of Alaska's position that the United States Secretary of the             
Interior and Secretary of Agriculture do not have the authority to             
assume management of fish and wildlife on public land in the                   
State of Alaska.                                                               
                                                                               
Legislative Resolve No. 1                                                     
                                                                               

1995-04-10                     House Journal                      Page 1212
SCR 7                                                                        
A message dated April 7, 1995, was read stating the Governor has read          
the following resolution and is transmitting the engrossed and enrolled        
copies to the Lieutenant Governor's office for permanent filing:               
                                                                               
SENATE CONCURRENT RESOLUTION NO. 7                                            
Establishing February 12 - 18 as Peaceful Solutions Week.                     
                                                                               
Legislative Resolve No. 2                                                     
                                                                               
SJR 7                                                                        
A message dated April 7, 1995, was read stating the Governor has               
signed the following resolution and is transmitting the engrossed and          
enrolled copies to the Lieutenant Governor's office for permanent              
filing:                                                                        
                                                                               
HOUSE CS FOR SENATE JOINT RESOLUTION NO. 7(STA)                               
Relating to mandates imposed on the states by the federal                     
government.                                                                    
                                                                               
Legislative Resolve No. 3                                                     
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 191                                                                       
The Resources Committee has considered:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 191                                     
"An Act relating to the management and disposal of state land                 
and resources; relating to certain remote parcel and homestead                 
entry land purchase contracts and patents; and providing for                   
an effective date."                                                            
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
191(RES)                                                                       
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          

1995-04-10                     House Journal                      Page 1213
HB 191                                                                       
Do pass (2):   Williams, Green                                                 
                                                                               
No recommendation (4):  Davies, Kott, Austerman, Ogan                          
                                                                               
The following fiscal notes apply to CSSSHB 191(RES):                           
                                                                               
Zero fiscal note, Dept. of Natural Resources, 4/10/95                          
Zero fiscal note, Dept. of Fish & Game, 4/10/95                                
                                                                               
SSHB 191 was referred to the Finance Committee.                                
                                                                               
**The presence of Representative Kubina was noted.                             
                                                                               
SJR 12                                                                       
The Resources Committee 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.                                                             
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO.                               
12(RES)                                                                        
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Williams, Ogan, Austerman, Kott, Green                           
                                                                               
The following fiscal note applies to HCS CSSJR 12(RES):                        
                                                                               
Senate zero fiscal note, Dept. of Natural Resources, 2/14/95                   
                                                                               
CSSJR 12(RES) was referred to the Rules Committee for placement on             
the calendar.                                                                  

1995-04-10                     House Journal                      Page 1214
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 32                                                                        
The following was read the second time:                                        
                                                                               
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."                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) 5DP 2NR                                          333         
	FISCAL NOTE (REV)                                                 333         
	JUD RPT  CS(STA) 6DP                                              726         
	FISCAL NOTE (REV) 2/13/95                                         726         
	FIN RPT  CS(FIN) NT 2DNP 4NR                                      835         
	FISCAL NOTE (REV) 2/13/95                                         836         
                                                                               
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. 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."                                                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 9:                                                                
	Delete "a $25"                                                                
	Insert "an"                                                                   
                                                                               
Page 2, line 3:                                                                
	Delete "$25"                                                                  
                                                                               

1995-04-10                     House Journal                      Page 1215
HB 32                                                                        
Page 2, line 5, after "(i)":                                                   
	Insert "The appeal fee required under (g) of this section shall be            
set by regulation of the department in an amount that is not less than         
$25 nor more than $50."                                                        
                                                                               
Page 2, lines 5 - 6:                                                           
	Delete "required under (g) of this section"                                   
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Martin objected.                                                
                                                                               
The Speaker cautioned members to confine remarks to the amendment.             
                                                                               
Amendment to Amendment No. 1 was offered  by Representative Kott:               
                                                                               
Under Page 2, line 5, after "department":                                      
                                                                               
Delete "in an amount that is not less than $25 nor more than $50"             
Insert "to cover reasonable costs"                                            
                                                                               
Representative Kott moved and asked unanimous consent that the                 
amendment to Amendment No. 1 be adopted.                                       
                                                                               
                                                                               
Representative Brown objected.                                                 
                                                                               
                                                                               
The question being:  "Shall the amendment to Amendment No. 1 be                
adopted?" The roll was taken with the following result:                        
                                                                               
                                                                               
CSHB 32(FIN)                                                                   
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  4   NAYS:  35   EXCUSED:  0   ABSENT:  1                              
                                                                               
Yeas:  Kott, Moses, Mulder, Sanders                                            
                                                                               

1995-04-10                     House Journal                      Page 1216
HB 32                                                                        
Nays:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kubina, Mackie, Martin, Masek, Navarre,                 
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,                 
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Absent:  MacLean                                                               
                                                                               
And so, the amendment to Amendment No. 1 was not adopted.                      
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 32(FIN)                                                                   
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  18   NAYS:  21   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein,                    
Grussendorf, Masek, Moses, Navarre, Nicholia, Phillips, Porter,                
Robinson, Rokeberg, Toohey, Vezey, Williams                                    
                                                                               
Nays:  Austerman, Barnes, Brice, Bunde, Foster, Green, Hanley, Ivan,           
James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Mulder, Ogan,             
Parnell, Sanders, Therriault, Willis                                           
                                                                               
Absent:  MacLean                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB
32(FIN) be considered engrossed, advanced to third reading and placed          
on final passage.  There being no objection, it was so ordered.                
                                                                               
                                                                               
CSHB 32(FIN) was read the third time.                                          
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               

1995-04-10                     House Journal                      Page 1217
HB 32                                                                        
The question being:  "Shall CSHB 32(FIN) pass the House?"  The roll            
was taken with the following result:                                           
                                                                               
CSHB 32(FIN)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  22   NAYS:  17   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brown, Bunde, G.Davis, Elton, Finkelstein, Green, Grussendorf,          
Hanley, Ivan, Kohring, Martin, Masek, Nicholia, Ogan, Parnell,                 
Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams                  
                                                                               
Nays:  Austerman, Barnes, Brice, Davies, B.Davis, Foster, James,               
Kelly, Kott, Kubina, Mackie, MacLean, Mulder, Navarre, Sanders,                
Therriault, Willis                                                             
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, CSHB 32(FIN) passed the House.                                         
                                                                               
                                                                               
Representative Vezey moved the effective date clause.                          
                                                                               
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
CSHB 32(FIN)                                                                   
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  37   NAYS:  2   EXCUSED:  0   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, Mulder,                   
Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,        
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               

1995-04-10                     House Journal                      Page 1218
HB 32                                                                        
Nays:  Barnes, MacLean                                                         
                                                                               
Absent:  Moses                                                                 
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
Representative Navarre gave notice of reconsideration of his vote on           
CSHB 32(FIN).                                                                  
                                                                               
                                                                               
The Speaker stated that, without objection, the House would move               
down the calendar to HB 239; and so, the House moved down the                  
calendar to the following:                                                     
                                                                               
                                                                               
HB 239                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 239                                                            
"An Act declaring the dragonfly as the official state insect."                
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) NEW TITLE 7DP                                    893         
	ZERO FISCAL NOTE (GOV/ALL DEPTS)                                  893         
                                                                               
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. 239(STA)                                                
"An Act declaring the four spot skimmer dragonfly as the official             
state insect."                                                                 
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB
239(STA) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 239(STA) was read the third time.                                         
                                                                               

1995-04-10                     House Journal                      Page 1219
HB 239                                                                       
The question being:  "Shall CSHB 239(STA) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 239(STA)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  31   NAYS:  4   EXCUSED:  0   ABSENT:  5                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly,                
Kohring, Kubina, Mackie, MacLean, Moses, Mulder, Nicholia, Ogan,               
Parnell, Phillips, Porter, Robinson, Sanders, Toohey, Williams, Willis         
                                                                               
Nays:  Hanley, Kott, Rokeberg, Vezey                                           
                                                                               
Absent:  Finkelstein, Martin, Masek, Navarre, Therriault                       
                                                                               
And so, CSHB 239(STA) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
HB 164                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 164                                                            
"An Act establishing Pearl Harbor Remembrance Day."                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	MLV RPT 4DP                                                       698         
	3 ZERO FISCAL NOTES (DOT, MVA, GOV)                               699         
	STA REFERRAL WAIVED                                               757         
                                                                               
Representative Vezey moved and asked unanimous consent that HB
164 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
HB 164 was read the third time.                                                
                                                                               
The question being:  "Shall HB 164 pass the House?"  The roll was              
taken with the following result:                                               

1995-04-10                     House Journal                      Page 1220
HB 164                                                                       
                                                                               
HB 164                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  0   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Moses,                   
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson,          
Rokeberg, Therriault, Toohey, Vezey, Williams, Willis                          
                                                                               
Absent:  Martin, Masek, Sanders                                                
                                                                               
And so, HB 164 passed the House.                                               
                                                                               
Representative Bunde gave notice of reconsideration of his vote on             
HB164 and it was taken up later.                                               
                                                                               
HB 208                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 208                                                            
"An Act relating to seafood processing plans of operation and                 
seafood processing standard operating procedures; relating to                  
quality assurance plans; and providing for an effective date."                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH RPT  CS(FSH) NT 5DP                                          1007         
	ZERO FISCAL NOTE (DEC)                                           1008         
                                                                               
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. 208(FSH)                                                
"An Act relating to seafood processing permits and hazard analysis            
critical control point plans; relating to seafood processing plans of          
operation and quality assurance plans; and providing for an                    
effective date."                                                               

1995-04-10                     House Journal                      Page 1221
HB 208                                                                       
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that CSHB
208(FSH) be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
CSHB 208(FSH) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 208(FSH) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 208(FSH)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, 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                
                                                                               
Absent:  Masek, Sanders                                                        
                                                                               
And so, CSHB 208(FSH) 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.           
                                                                               
HB 208 was referred to the Chief Clerk for engrossment.                        
                                                                               
                                                                               
HB 214                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 214                                                            
"An Act relating to the maintenance by health care providers of               
medical records in an electronic format."                                      
                                                                               

1995-04-10                     House Journal                      Page 1222
HB 214                                                                       
with the:                                                 Journal Page         
                                                                               
	HES RPT  6DP                                                      975         
	ZERO FISCAL NOTE (DHSS)                                           976         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representatives Brown and G.Davis:              
                                                                               
Page 1, line 9, following "format":                                            
	Insert " that protects the security of the records and protects the           
records from access by unauthorized persons.  A health care provider           
who maintains and preserves the records in an electronic format that           
provides these protections is not required to"                                 
                                                                               
Page 1, line 10:                                                               
	Delete "without maintaining"                                                  
	Insert "maintain"                                                             
	Following "separate"                                                          
	Insert "paper"                                                                
	Delete "in a handwritten or other tangible format"                            
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Davies:                                                                        
                                                                               
Under page 1, line 9, after "that protects the":                               
                                                                               
Insert "physical"                                                             
                                                                               
Representative Davies moved and asked unanimous consent that the               
amendment to Amendment No. 1 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
There being no further objection to Amendment No. 1 as amended, it             
was adopted.                                                                   
                                                                               

1995-04-10                     House Journal                      Page 1223
HB 214                                                                       
Representative Vezey moved and asked unanimous consent that                    
HB214 am be considered engrossed, advanced to third reading and                
placed on final passage.  There being no objection, it was so ordered.         
                                                                               
HB 214 am was read the third time.                                             
                                                                               
The question being:  "Shall HB 214 am pass the House?"  The roll               
was taken with the following result:                                           
                                                                               
HB 214 am                                                                      
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,                  
Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams, Willis                                                               
                                                                               
And so, HB 214 am passed the House and was referred to the Chief               
Clerk for engrossment.                                                         
                                                                               
HB 231                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 231                                                            
"An Act relating to the interview requirements of the State                   
Medical Board."                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  5DP 1NR                                                  892         
	ZERO FISCAL NOTE (DCED)                                           892         
                                                                               
Representative Vezey moved and asked unanimous consent that                    
HB231 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               

1995-04-10                     House Journal                      Page 1224
HB 231                                                                       
HB 231 was read the third time.                                                
                                                                               
The question being:  "Shall HB 231 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 231                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin,                  
Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams, Willis                                                               
                                                                               
And so, HB 231 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 5:00 p.m.  There being no objection, the House              
recessed at 12:55 p.m.                                                         
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 5:26 p.m.                                
                                                                               
A second quorum call showed 22 members present.                                
                                                                               
                                                                               
THIRD READING OF HOUSE BILLS                                                 
                                                                               
HB 237                                                                       
The following, which had been advanced to third reading from the               
April 8, 1995, calendar (page 1197), was again before the House:               
                                                                               
CS FOR HOUSE BILL NO. 237(JUD) am                                             
"An Act relating to workers' compensation insurance rate filings;             
to second independent medical evaluations for workers'                         

1995-04-10                     House Journal                      Page 1225
HB 237                                                                     
compensation claims; to confidentiality of workers' compensation              
medical and rehabilitation information; to immunity for third-party            
design professionals from civil actions by recipients of workers'              
compensation benefits; to workers' compensation death benefits;                
to computation of workers' compensation benefits; to penalties for             
fraudulent acts related to workers' compensation; to immunity for              
employer workplace safety inspections related to workers'                      
compensation insurance; and providing for an effective date."                  
                                                                               
The following members moved and asked unanimous consent that they              
be allowed to abstain from voting due to a conflict of interest:               
                                                                               
Representative Mulder                                                         
Representative Brown                                                          
                                                                               
Objection was heard, and the members were required to vote.                    
                                                                               
**Representative B.Davis was excused due to illness.                           
                                                                               
The question being:  "Shall CSHB 237(JUD) am pass the House?"                  
The roll was taken with the following result:                                  
                                                                               
CSHB 237(JUD) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  31   NAYS:  8   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Brice, Bunde, G.Davis, Elton, Foster, Green,                 
Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina,                
Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter,         
Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis                
                                                                               
Nays:  Barnes, Brown, Davies, Finkelstein, MacLean, Navarre,                   
Nicholia, Sanders                                                              
                                                                               
Excused:  B.Davis                                                              
                                                                               
                                                                               
And so, CSHB 237(JUD) am passed the House.                                     
                                                                               

1995-04-10                     House Journal                      Page 1226
HB 237                                                                       
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 237(JUD) am.                                                              
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House approve the citation on the calendar.  There being no objection,         
the following citation was approved and sent to enrolling:                     
                                                                               
Honoring - Dzantik'i Heeni Middle School Math Counts Team                      
By Representatives Robinson, Elton, Davies, B.Davis, Green, Ivan,              
James, Kubina, Mackie, MacLean, Navarre, Sanders, Willis; Senator              
Duncan                                                                         
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 144                                                                       
The Speaker added a Labor & Commerce Committee referral to                     
precede the Finance Committee referral for the following:                      
                                                                               
HOUSE BILL NO. 144                                                            
"An Act relating to salaries for officers and employees of the state          
who are not members of a collective bargaining unit; and                       
providing for an effective date."                                              
                                                                               
HB 144 was removed from the Finance Committee and referred to the              
Labor & Commerce Committee.                                                    
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 164                                                                       
Representative Bunde moved and asked unanimous consent that the                
reconsideration of the following (page 1220) be taken up on the same           
day:                                                                           

1995-04-10                     House Journal                      Page 1227
HB 164                                                                       
HOUSE BILL NO. 164                                                            
"An Act establishing Pearl Harbor Remembrance Day."                           
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
HB 164 was again before the House in third reading.                            
                                                                               
                                                                               
The question to be reconsidered:  "Shall HB 164 pass the House?"               
The roll was taken with the following result:                                  
                                                                               
HB 164--RECONSIDERATION                                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton,                
Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly,           
Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses,                  
Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson,          
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis                 
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Brice                                                                 
                                                                               
And so, HB 164 passed the House on reconsideration and was referred            
to the Chief Clerk for engrossment.                                            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 239                                                                       
Representative Robinson added her name as cosponsor to:                        
                                                                               
CS FOR HOUSE BILL NO. 239(STA)                                                
"An Act declaring the four spot skimmer dragonfly as the official             
state insect."                                                                 
                                                                               

1995-04-10                     House Journal                      Page 1228
SB 27                                                                        
Representative Toohey added her name as cross-sponsor to:                      
                                                                               
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27                                     
"An Act relating to child visitation rights of grandparents and               
other persons who are not the parents of the child."                           
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 164                                                                       
HB 164 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 208                                                                       
CSHB 208(FSH) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
HB 214                                                                       
HB 214 am was engrossed, signed by the Speaker and Chief Clerk and             
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
HB 231                                                                       
HB 231 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
HB 239                                                                       
CSHB 239(STA) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HB 27                                                                        
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 8:40 a.m.,            
April 10, 1995:                                                                

1995-04-10                     House Journal                      Page 1229
HB 27                                                                        
SENATE CS FOR CS FOR HOUSE BILL NO. 27(JUD)                                   
"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."                                              
                                                                               
                                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., April 11, 1995.  There being no                
objection, the House adjourned at 5:59 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk