Legislature(1995 - 1996)
1995-04-20 House Journal
Full Journal pdf1995-04-20 House Journal Page 1395 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 20, 1995 Ninety-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:36 a.m. Roll call showed 35 members present. Representatives B.Davis, Navarre and Parnell had been previously excused from a call of the House today. Representatives Hanley and Masek were absent. The invocation was offered by the Chaplain, Pastor Jon Paden of the Church of Christ. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dearest God, Thank You for this day. Thank You for wisdom. Thank You for the ability to think, to deliberate, to evaluate. May we ever sort out the critical from the urgent, the needs from the wants, the important from the frivolous. May we serve all Alaskans. May we do in this body what makes for a just society, may we rightly remember those who have little voice otherwise in the affairs of this, our Alaska. We continue in prayer for those affected by the tragedy in Oklahoma City. May those rendering aid do so with mercy, may those seeking the guilty do so with justice. 1 1995-04-20 House Journal Page 1396 I come to you in the name of wisdom, Jesus Christ. Amen." The Pledge of Allegiance was led by Representative G.Davis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 94th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 55 A message dated April 20, 1995, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 55 "An Act repealing the sunset of the enhanced 911 emergency reporting systems." Chapter No. 8, SLA 1995 Effective Date: July 19, 1995 REPORTS OF STANDING COMMITTEES HB 65 The Finance Committee has considered: HOUSE BILL NO. 65 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." and recommends it be replaced with: CS FOR HOUSE BILL NO. 65(HES) (same title) 1995-04-20 House Journal Page 1397 HB 65 The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Martin, Brown, Kelly, Therriault, Foster The following fiscal note applies to CSHB65(HES): Fiscal note, Dept. of Education, 2/23/95 HB 65 was referred to the Rules Committee for placement on the calendar. HB 219 The Finance Committee has considered: HOUSE BILL NO. 219 "An Act authorizing special medical parole for terminally ill prisoners." and recommends it be replaced with: CS FOR HOUSE BILL NO. 219(FIN) "An Act relating to medical care for prisoners; and authorizing special medical parole for severely medically disabled or quadriplegic prisoners." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (8): Hanley, Mulder, Martin, Grussendorf, Brown, Kelly, Therriault, Foster The following fiscal notes apply to CSHB219(FIN): Zero fiscal note, House Finance Committee/Dept. of Corrections, 4/20/95 Zero fiscal note, Dept. of Administration, 3/27/95 HB 219 was referred to the Rules Committee for placement on the calendar. 1995-04-20 House Journal Page 1398 REPORTS OF SPECIAL COMMITTEES HJR 43 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 43 Relating to commercial fishing and subsistence use in Glacier Bay National Park. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 43(FSH) (same title) The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (5): G.Davis, Austerman, Moses, Elton, Ogan The following fiscal note applies to CSHJR43(FSH): Zero fiscal note, Dept. of Fish & Game, 4/20/95 HJR 43 was referred to the Rules Committee for placement on the calendar. HB 284 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 284 "An Act relating to the Alaska Commercial Fishing and Agriculture Bank." The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (2): Moses, Elton No recommendation (2): Ogan, Austerman The following fiscal notes apply: 1995-04-20 House Journal Page 1399 HB 284 Zero fiscal note, Dept. of Revenue, 4/20/95 Zero fiscal note, Dept. of Fish & Game, 4/20/95 HB 284 was referred to the Labor & Commerce Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dillingham Wolverine Wrestling Team By Representative Ivan Honoring - Dillingham Wolverine Volleyball Team By Representative Ivan Honoring - Daniel K. Walsh, 1995 Recipient of the Charles Taylor "Master Mechanic" Award By Senator Halford Honoring - Gayle Hazen and Teammates By Senator Sharp INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 313 HOUSE BILL NO. 313 by Representative Ogan, entitled: "An Act relating to fees for big game tags for wolves; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 314 HOUSE BILL NO. 314 by Representatives Parnell, Robinson and Bunde, entitled: 1995-04-20 House Journal Page 1400 HB 314 "An Act relating to the crime of violating a domestic violence restraining order." was read the first time and referred to the Judiciary Committee. HB 315 HOUSE BILL NO. 315 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the financing of technological developments by public corporations of the state; and relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project." was read the first time and referred to the Finance Committee. The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 4/20/95 The Governor's transmittal letter, dated April 20, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would improve the ability of public corporations of the state to finance technological developments. This bill amends AS37.17 to facilitate the Alaska Science and Technology Foundation's (ASTF) development of commercial uses for technological developments, among its other purposes. These amendments will assist state agencies and public corporations such as the Alaska Aerospace Development Corporation (AADC) and the Alaska Industrial Development and Export Authority (AIDEA) in technology-related development projects. ASTF would be able to provide guidance through its established peer review system and grant review process, as well as financial assistance to projects meeting its technological and business criteria. 1995-04-20 House Journal Page 1401 HB 315 Existing AS37.17.090(d) requires that at least 50 percent of the ASTF endowment income that is distributed by ASTF in a fiscal year must be for grants of $100,000 or less. Section 3 of the bill would exempt two grants to AIDEA or AADC from that requirement. Absent this exemption, ASTF would be limited to providing only minor financial assistance to projects of potentially great benefit to the state. One of the two grants is for development of the Kodiak launch complex and Fairbanks satellite ground station space park. The second grant is for development of low-rank coal water fuel technology. It is anticipated that the grants from ASTF for these projects may be phased in. Section 5 of the bill also provides ASTF with more flexibility to ensure a fair financial return to the state based upon the value derived by the grantee from the ASTF grant. The bill replaces the current narrow language of AS37.17.090(g), restricting ASTF to a return from "royalties, licenses, and patents", with broader language acknowledging that grantees can gain significant economic benefit from an ASTF grant without ever earning income from royalties, licenses, and patents. For example, ASTF could receive a return from AADC for the operation of the Kodiak launch facility. Section 5 provides ASTF with additional protection for its investments by the addition of language allowing ASTF to take a security interest in, and own, patents, copyrights, and other intellectual property to secure payment of sums owed to ASTF under a grant agreement. The bill continues to require that the revenue received by ASTF be paid into the principal of the endowment, subject to AS37.07. The bill allows ASTF to tailor each "return" provision to the specific circumstances of the grantee. Under this provision, ASTF is able to receive a fair return where the grantee is going to manufacture and sell its own products based upon ASTF technology. ASTF is also able to receive a fair return based upon the growth in the grantee's business based upon the ASTF grant. The bill improves ASTF's ability to protect sensitive commercial information it receives through the grant process. Section 4 of the bill amends AS37.17.090(f) to allow the board of ASTF to adopt administrative regulations necessary to protect trade secrets and other 1995-04-20 House Journal Page 1402 HB 315 proprietary information submitted to ASTF from disclosure under AS09.25.110 - 09.25.120. These regulations would be adopted by the board under standards developed to protect the interests of the state and the prospective grantees. The bill also contains a section authorizing AIDEA to issue up to $20,000,000 in bonds to finance the development of the Kodiak rocket launch complex and the Fairbanks satellite ground stations, or to finance these projects by other means available to AIDEA. This section also includes a limitation that the board of directors of AIDEA and AADC must each determine that there is sufficient commercial interest and financial viability to support the debt service and costs of the facility before money may be expended for any phase of construction. I urge your prompt consideration and passage of this bill. Sincerely, /s/ Tony Knowles Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 10 The following was read the second time: HOUSE BILL NO. 10 "An Act relating to payment for emergency services responding to certain motor vehicle accidents." with the: Journal Page STA RPT 4DP 802 2 ZERO FISCAL NOTES (DCED, LAW) 803 CORRECTED STA RPT CS(STA) 4DP 1NR 835 2 ZERO FISCAL NOTES (DCED, LAW) 3/20/95 835 1995-04-20 House Journal Page 1403 HB 10 JUD RPT CS(STA) 7DP 1047 ZERO FISCAL NOTE (DPS) 1048 2 ZERO FISCAL NOTES (DCED, LAW) 3/20/95 1048 FIN REFERRAL WAIVED 1181 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. 10(STA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Davies and Ivan: Page 1, line 13, following "service,": Delete "or" Page 1, line 13, following "technician": Insert ", or emergency trauma technician" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB10(STA) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 10(STA) am was read the third time. **The presence of Representative Hanley was noted. The question being: "Shall CSHB 10(STA) am pass the House?" The roll was taken with the following result: 1995-04-20 House Journal Page 1404 HB 10 CSHB 10(STA) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell Absent: Masek And so, CSHB 10(STA) am passed the House and was referred to the Chief Clerk for engrossment. HB 274 The following was read the second time: HOUSE BILL NO. 274 "An Act relating to the state's tuberculosis control program, including provisions for certain penalties; and providing for an effective date." with the: Journal Page HES RPT 3DP 1NR 2AM 977 4 ZERO FNS (2-ADM, LAW, DHSS) 3/22/95 977 JUD RPT CS(JUD) NEW TITLE 6DP 1347 4 ZERO FNS (2-ADM, LAW, DHSS) 3/22/95 1348 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1995-04-20 House Journal Page 1405 HB 274 CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." There being no objection, it was so ordered. **The presence of Representative Masek was noted. Representative Vezey moved and asked unanimous consent that CSHB 274(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 274(JUD) was read the third time. The question being: "Shall CSHB 274(JUD) pass the House?" The roll was taken with the following result: CSHB 274(JUD) Third Reading Final Passage YEAS: 26 NAYS: 1 EXCUSED: 3 ABSENT: 10 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Therriault, Toohey, Vezey, Williams, Willis Nays: Martin Excused: B.Davis, Navarre, Parnell Absent: Barnes, Brice, Finkelstein, Kubina, Mackie, MacLean, Masek, Ogan, Rokeberg, Sanders And so, CSHB 274(JUD) 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: 1995-04-20 House Journal Page 1406 HB 274 CSHB 274(JUD) Third Reading Effective Date YEAS: 29 NAYS: 0 EXCUSED: 3 ABSENT: 8 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell Absent: Barnes, Brice, Finkelstein, Kubina, MacLean, Masek, Ogan, Sanders Rokeberg changed from "Nay" to "Yea". And so, the effective date clause was adopted. CSHB 274(JUD) was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 106 The following was read the second time: CS FOR SENATE BILL NO. 106(JUD) "An Act prohibiting minors from patronizing businesses that offer adult entertainment and prohibiting the employment of minors at businesses offering adult entertainment." with the: Journal Page JUD RPT 6DP 1050 2 SENATE ZERO FNS (LABOR, LAW) 3/20/95 1051 Representative Vezey moved and asked unanimous consent that CSSB 106(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1995-04-20 House Journal Page 1407 SB 106 CSSB 106(JUD) was read the third time. The question being: "Shall CSSB 106(JUD) pass the House?" The roll was taken with the following result: CSSB 106(JUD) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 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, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell Absent: Brice, Ogan, Sanders And so, CSSB 106(JUD) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE RESOLUTIONS HJR 30 The following was read the second time: HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. with the: Journal Page WTR RPT 3DP 1NR 848 ZERO FISCAL NOTE (H WTR) 848 JUD RPT 5DP 2DNP 1314 ZERO FISCAL NOTE (H WTR) 3/22/95 1315 1995-04-20 House Journal Page 1408 HJR 30 Representative Vezey moved and asked unanimous consent that HJR30 be considered engrossed, advanced to third reading and placed on final passage. Representative Finkelstein objected. The Speaker stated that HJR 30 will be in third reading on the April 21, 1995, calendar. 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 - Tom Hinnenkamp, Eagle Scout By Representatives Austerman, Phillips, Brice, Bunde, Davies, Elton, Green, Hanley, Ivan, James, Kubina, Mackie, Mulder, Nicholia, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Zharoff UNFINISHED BUSINESS HB 217 The Speaker added a referral to the Labor & Commerce Committee to follow the Judiciary Committee referral for: HOUSE BILL NO. 217 "An Act relating to employment of teachers." HB 217 is in the Judiciary Committee. The Speaker added a referral to the Resources Committee for the following names for legislative confirmation of appointment to the positions noted: Board of Fisheries Trefon Angasan - Anchorage Appointed: 01/31/92; Reappointed: 02/09/95; Expires: 01/31/98 1995-04-20 House Journal Page 1409 John R. White - Bethel Appointed: 02/09/95; Expires: 01/31/98 The appointments were referred to the Resources Committee. RECONSIDERATION SJR 12 Representative Williams brought up reconsideration of the vote on HCS CSSJR 12(RES) (page 1389). The following was again before the House in third reading: HOUSE CS FOR 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. Representative Williams moved and asked unanimous consent that HCS CSSJR 12(RES) be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 1 (page 1388). There being no objection, it was so ordered. Representative Williams moved and asked unanimous consent that the House rescind action in failing to adopt Amendment No. 1. Objection was heard. The question being: "Shall the House rescind action in failing to adopt Amendment No. 1?" The roll was taken with the following result: HCS CSSJR 12(RES)--RECONSIDERATION Second Reading Rescind previous action/#1 YEAS: 32 NAYS: 3 EXCUSED: 3 ABSENT: 2 1995-04-20 House Journal Page 1410 SJR 12 Yeas: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Foster, Ogan, Vezey Excused: B.Davis, Navarre, Parnell Absent: Brice, Sanders And so, the motion passed. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSJR 12(RES)--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 32 NAYS: 3 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Foster, Ogan, Vezey Excused: B.Davis, Navarre, Parnell Absent: Brice, Sanders Bunde changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted. The question to be reconsidered: "Shall HCS CSSJR 12(RES) am H pass the House?" The roll was taken with the following result: 1995-04-20 House Journal Page 1411 SJR 12 HCS CSSJR 12(RES) am H--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 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, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Navarre, Parnell Absent: Brice, Sanders And so, HCS CSSJR 12(RES) am H passed the House and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 10 Representative Kubina added his name as cosponsor to: CS FOR HOUSE BILL NO. 10(STA) am "An Act relating to payment for emergency services responding to certain motor vehicle accidents." SB 106 Representatives Therriault and Nicholia added their names as cross- sponsors to: CS FOR SENATE BILL NO. 106(JUD) "An Act prohibiting minors from patronizing businesses that offer adult entertainment and prohibiting the employment of minors at businesses offering adult entertainment." 1995-04-20 House Journal Page 1412 ENGROSSMENT HB 10 CSHB 10(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 207 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 207(FIN) am "An Act relating to adjustments to royalty reserved to the state to encourage otherwise uneconomic production of oil and gas; and providing for an effective date." HB 274 CSHB 274(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SJR 12 HCS CSSJR 12(RES) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 79 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 9:20 a.m., April 20, 1995: SENATE CS FOR CS FOR HOUSE BILL NO. 79(FIN) "An Act allowing the Department of Natural Resources to quitclaim land or interests in land, including submerged or shore land, to a municipality to correct errors or omissions of the municipality when inequitable detriment would result to a person due to that person's reliance upon the errors or omissions of the municipality." 1995-04-20 House Journal Page 1413 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 21, 1995. There being no objection, the House adjourned at 11:47 a.m. Suzi Lowell Chief Clerk