Legislature(1995 - 1996)
1995-04-25 House Journal
Full Journal pdf1995-04-25 House Journal Page 1489 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 25, 1995 One Hundredth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:22 a.m. Roll call showed 31 members present. Representative Barnes was excused due to illness. Representatives Austerman, Hanley, Kott, Kubina, Masek, Moses, Nicholia and Porter were absent. The invocation was offered by the Chaplain, Reverend Larry Olson of the Eagle Wings Community Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Lord, Watch over all who serve in this House. May this state be a stronger, safer, and more just place because of their work. Many concerns that come before these representatives are very complicated and issues become very clouded. Grant these people a clearness of vision and an ability to focus on the matters at hand. Once again, we remember those in Oklahoma City, both those grieving the death of loved ones and those combing through rubble. May they be strengthened for the challenges ahead. We pray for those people and those causes we name in our hearts now. 1 1995-04-25 House Journal Page 1490 In Your name we ask these things. Amen." The Pledge of Allegiance was led by Representative Kohring. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 99th legislative day and House & Senate Joint Journal Supplement No. 12 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 23 A message dated April 24, 1995, was read stating the Senate has passed: HOUSE BILL NO. 23 "An Act relating to referrals involving dental services." HB 23 was referred to the Chief Clerk for enrollment. HB 164 A message dated April 24, 1995, was read stating the Senate has passed: HOUSE BILL NO. 164 "An Act establishing Pearl Harbor Remembrance Day." HB 164 was referred to the Chief Clerk for enrollment. A message dated April 24, 1995, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 25 SENATE BILL NO. 25 by Senators Donley, Ellis, Halford, Miller, Taylor, Torgerson and Green, entitled: 1995-04-25 House Journal Page 1491 SB 25 "An Act repealing vegetable dealer licensing and regulation." was read the first time and referred to the Labor & Commerce Committee. SB 150 SENATE BILL NO. 150 by Senators Kelly, Taylor, Hoffman, Zharoff, Phillips, Leman, Miller, Halford, Sharp, Torgerson, Green, Donley, Duncan, Salo, Ellis and Frank, entitled: "An Act establishing Dutch Harbor Remembrance Day." was read the first time and referred to the State Affairs Committee. **The presence of Representative Moses and Nicholia was noted. REPORTS OF STANDING COMMITTEES HB 257 The Finance Committee has considered: HOUSE BILL NO. 257 "An Act relating to student loan programs, interstate compacts for postsecondary education, and fees for review of postsecondary education institutions; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 257(FIN) (same title) The report was signed by Representative Hanley, Co-chair, with the following individual recommendations: Do pass (7): Mulder, Martin, Grussendorf, Kohring, Therriault, Brown, Navarre No recommendation (1): Hanley 1995-04-25 House Journal Page 1492 HB 257 The following fiscal notes apply to CSHB257(FIN): Zero fiscal note, Dept. of Education, 4/25/95 Zero fiscal note, Dept. of Education, 3/22/95 HB 257 was referred to the Rules Committee for placement on the calendar. SB 3 The Judiciary Committee has considered: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, B.Davis, Finkelstein, Green, Toohey No recommendation (1): Vezey The following fiscal note applies: Senate zero fiscal note, Dept. of Labor, 2/6/95 SB 3 was referred to the Rules Committee for placement on the calendar. SB 27 The Judiciary Committee has considered: 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." and recommends it be replaced with: HOUSE CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 27(JUD) (same title) 1995-04-25 House Journal Page 1493 SB 27 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Finkelstein, Vezey, Porter, Bunde, Toohey The following fiscal note applies to HCSSSSB27(JUD): Senate zero fiscal note, Alaska Court System, 3/1/95 SSSB 27 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Edith Holm By Representative Vezey Honoring - Lisa Parker, Girl Scout Gold Award By Representatives Navarre, G.Davis, Phillips; Senators Salo, Torgerson Honoring - Mary Elizabeth Lomen By Representative Vezey Honoring - The 1995 Nikiski High School Volleyball Team By Representatives Navarre, G.Davis, Phillips; Senators Salo, Torgerson Honoring - Mia Oxley, Child Care Connection By Senator Ellis; Representative Brown In Memoriam - Nancy Lou Claus By Representative Vezey In Memoriam - William Frederick Drake By Representative Willis; Senator Halford 1995-04-25 House Journal Page 1494 In Memoriam - Harry McDonald By Senators Halford, Phillips; Representative Willis, Kott INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 45 HOUSE JOINT RESOLUTION NO. 45 by Representative Brice: Proposing an amendment to the Constitution of the State of Alaska limiting the rights of prisoners to those required under the Constitution of the United States. was read the first time and referred to the Health, Education & Social Services, State Affairs and Judiciary Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 321 HOUSE BILL NO. 321 by the House Special Committee on Military & Veterans' Affairs, entitled: "An Act placing certain persons employed in response to a disaster in the exempt service." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. HB 322 HOUSE BILL NO. 322 by the House Special Committee on Military & Veterans' Affairs, entitled: "An Act authorizing grants for temporary housing assistance during emergencies and disasters." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the Finance Committee. 1995-04-25 House Journal Page 1495 ANNOUNCEMENTS Minority Caucus Upon at ease, 4/25 The House stood at ease at 10:31 a.m. AFTER AT EASE The Speaker called the House back to order at 11:04 a.m. **The presence of Representatives Austerman, Hanley, Kott, Masek and Porter was noted. RECONSIDERATION HJR 33 Representative Masek brought up reconsideration of the vote on HJR33 (page 1357). The following was again before the House in third reading: HOUSE JOINT RESOLUTION NO. 33 Requesting the Congress to amend Title VIII of the Alaska National Interest Lands Conservation Act. Representative Masek placed a call of the House. **The presence of Representative Kubina was noted. The Speaker invoked Section 102 of Mason's Manual. Representative Brown moved and asked unanimous consent that HJR33 be returned to second reading for the specific purpose of considering Amendment No. 1. Objection was heard. The call was satisfied. 1995-04-25 House Journal Page 1496 HJR 33 The question being: "Shall HJR 33 be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: HJR 33--RECONSIDERATION Third Reading Return to Second for Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, the motion failed. Representative Kubina moved and asked unanimous consent that the House rescind previous action in failing to return to second reading for the specific purpose of Amendment No. 1. Objection was heard. The question being: "Shall the House rescind previous action in failing to return to second for the specific purpose of considering Amendment No. 1?" The vote was taken with the following result: HJR 33--RECONSIDERATION Third Reading Rescind previous action/failing to return to second YEAS: 20 NAYS: 19 EXCUSED: 1 ABSENT: 0 1995-04-25 House Journal Page 1497 HJR 33 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Rokeberg, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, lacking the necessary 21 votes, the motion failed. The House stood at ease for a Majority Caucus at 12:07 p.m. AFTER AT EASE The Speaker called the House back to order at 12:24 p.m. RECONSIDERATION (continued) HJR 33 Representative Willis moved and asked unanimous consent that HJR 33 be tabled. Objection was heard. Representative Mackie moved and asked unanimous consent that the motion be amended to a time specific, namely, to table HJR 33 for two weeks. Objection was heard. The question being: "Shall the motion be amended to table HJR 33 for two weeks?" The vote was taken with the following result: 1995-04-25 House Journal Page 1498 HJR 33 HJR 33--RECONSIDERATION Third Reading Table Two weeks YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes Williams changed from "Yea" to "Nay". And so, the amendment to the motion to table failed. The question being: "Shall HJR 33 be tabled?" The vote was taken with the following result: HJR 33--RECONSIDERATION Third Reading Table YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1995-04-25 House Journal Page 1499 HJR 33 Excused: Barnes And so, the motion failed. Representative Brown moved and asked unanimous consent that HJR 33 be returned to second reading for the specific purpose of considering Amendment No. 2. Representative Vezey objected. The question being: "Shall HJR 33 be returned to second reading for the specific purpose of considering Amendment No. 2?" The vote was taken with the following result: HJR 33--RECONSIDERATION Third Reading Return to Second for Amendment No. 2 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes And so, the motion failed. The question to be reconsidered: "Shall HJR 33 pass the House?" The vote was taken with the following result: HJR 33--RECONSIDERATION Third Reading Final Passage YEAS: 20 NAYS: 19 EXCUSED: 1 ABSENT: 0 1995-04-25 House Journal Page 1500 HJR 33 Yeas: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Sanders, Williams Excused: Barnes And so, HJR 33 failed to pass the House on reconsideration. Representative Navarre moved and asked unanimous consent that the House rescind action in failing to pass HJR 33(fld H) on reconsideration. Objection was heard. Representative Navarre moved and asked unanimous consent to withdraw his motion. There being no objection, it was so ordered. HJR 33(fld H) was referred to the Chief Clerk for permanent filing. ANNOUNCEMENTS Majority Caucus upon recess, 4/25 Minority Caucus upon recess, 4/25 Representative Vezey moved and asked unanimous consent that the House stand in recess to 2:00 p.m. There being no objection, the House recessed at 1:21 p.m. AFTER RECESS The Speaker called the House back to order at 2:19 p.m. A second quorum call showed 24 members present. 1995-04-25 House Journal Page 1501 The Speaker stated that without objection the House would revert to: MESSAGES FROM THE SENATE HB 100 A message dated April 25, 1995, was read stating the Senate has failed to recede from its amendments to: CS FOR HOUSE BILL NO. 100(FIN) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 100(FIN) am S(efd/brf super maj fld S) "An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund." The President appointed the following members to a Conference Committee to meet with the like committee from the House to consider the bills: Senator Frank, Chair Senator Halford Senator Zharoff The House members of the Conference Committee are Representatives Hanley, Chair, Foster and Grussendorf (page 1440). 1995-04-25 House Journal Page 1502 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 158 The following, which had been held in second reading with Amendment No. 30 pending (page 1483), until today's calendar (page 1485), was again before the House: CS FOR HOUSE BILL NO. 158(FIN) am "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49, 68, and 95; amending Alaska Rule of Evidence 702; and providing for an effective date." Representative Davies placed a call of the House on the bill and amendments. The Speaker invoked Section 102 of Mason's manual. The call was satisfied. The question being: "Shall Amendment No. 30 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 30 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 30 was not adopted. 1995-04-25 House Journal Page 1503 HB 158 Amendment No. 31 was offered by Representative Finkelstein: Page 8, line 21 following "action.": Insert "If a claimant, defendant, or third party defendant alleges that an employer is responsible, in whole or in part, for the damages, AS 23.30.055 shall not apply. Representative Finkelstein moved and asked unanimous consent that Amendment No. 31 be adopted. Representative Vezey objected. Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 31. There being no objection, it was so ordered. Amendment No. 32 was offered by Representative Robinson: Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure, or unsafe condition is in an elementary or secondary school." Representative Robinson moved and asked unanimous consent that Amendment No. 32 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 32 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 32 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 1995-04-25 House Journal Page 1504 HB 158 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 32 was not adopted. Amendment No. 33 was offered by Representative B.Davis: Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure or unsafe conditions in a church, synagogue or other place of worship." Representative B.Davis moved and asked unanimous consent that Amendment No. 33 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 33 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 33 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey 1995-04-25 House Journal Page 1505 HB 158 Excused: Barnes And so, Amendment No. 33 was not adopted. Amendment No. 34 was offered by Representative Davies: Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure, or unsafe conditions in any hospital or medical facility." Representative Davies moved and asked unanimous consent that Amendment No. 34 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 34 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 34 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 34 was not adopted. Amendment No. 35 was offered by Representative Robinson: 1995-04-25 House Journal Page 1506 HB 158 Page 3, line 25: Insert a new paragraph to read: "(4) the collapse, structural failure, or unsafe condition is in a child care facility." Representative Robinson moved and asked unanimous consent that Amendment No. 35 be adopted. Representative Porter objected. Represent Vezey rose to a point of order stating the motion was dilatory. The Speaker ruled the point out of order. The question being: "Shall Amendment No. 35 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 35 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 35 was not adopted. Amendment No. 36 was offered by Representative Elton: Page 3, line 25: Insert a new paragraph to read: 1995-04-25 House Journal Page 1507 HB 158 "(4) the collapse, structural failure or unsafe condition is in a home for the elderly, convalescent center or nursing home." Representative Elton moved and asked unanimous consent that Amendment No. 36 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 36 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 36 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 36 was not adopted. Amendment No. 37 was offered by Representative Kubina: Page 5, following line 2: Insert a new subparagraph to read: "(B) has lost both arms or both legs or an arm and a leg; or" Reletter the following subparagraph accordingly. Representative Kubina moved and asked unanimous consent that Amendment No. 37 be adopted. 1995-04-25 House Journal Page 1508 HB 158 Representative Finkelstein objected and withdrew the objection. There being no further objection, Amendment No. 37 was adopted. Amendment No. 38 was offered by Representative Brown: Page 5, line 3, after "capacity": Delete ", is incapable of making independent, responsible decisions," Representative Brown moved and asked unanimous consent that Amendment No. 38 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 38 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 38 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 38 was not adopted. Amendment No. 39 was offered by Representative Elton: Page 5, line 6: Insert a new subparagraph to read: "(C) is both deaf and blind." 1995-04-25 House Journal Page 1509 HB 158 Representative Elton moved and asked unanimous consent that Amendment No. 39 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 39 was adopted. Amendment No. 40 was offered by Representative Finkelstein: Page 5, line 6: Insert a new subparagraph to read: "(C) has third degree burns over one half of the claimant's body." Representative Finkelstein moved and asked unanimous consent that Amendment No. 40 be adopted. Objection was heard. Amendment to Amendment No. 40 was offered by Representative Brown: After "one half": Insert "or more" Representative Brown moved and asked unanimous consent that the amendment to Amendment No. 40 be adopted. There being no objection, it was so ordered. There being no objection to Amendment No. 40 as amended, it was adopted. The Speaker stated the House would stand at ease until 4:45 p.m.; and so, the House stood at ease at 4:12 p.m. AFTER AT EASE The House was called back to order at 4:56 p.m. 1995-04-25 House Journal Page 1510 SECOND READING OF HOUSE BILLS (continued) HB 158 Amendment No. 41 was offered by Representative Robinson: Page 5, line 31, after "damages.": Insert "It is the intention of the legislature that revenue received by the state under this section be appropriated for the purpose of consumer protection." Representative Robinson moved and asked unanimous consent that Amendment No. 41 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 41 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 41 YEAS: 15 NAYS: 24 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, MacLean, Nicholia, Robinson, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 41 was not adopted. Amendment No. 42 was offered by Representative Finkelstein: Page 5, after line 27: Insert a new subsection to read: 1995-04-25 House Journal Page 1511 HB 158 "(d) The limit under (b) of this section does not apply to punitive damages awarded by a court or jury against a corporation which, when the outrageous conduct occurred, paid the chief executive officer more than one million dollars per year in salary." Reletter the following subsection accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 42 be adopted. Representative Porter objected. Amendment to Amendment No. 42 was offered by Representative Finkelstein: After "occurred,": Delete all material. Insert "has annual revenues of over ten million dollars." Without objection, the amendment to Amendment No. 42 was adopted. The question being: "Shall Amendment No. 42 as amended be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 42 as amended YEAS: 12 NAYS: 27 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Kubina, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Bunde, G.Davis, Elton, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Barnes And so, Amendment No. 42 as amended was not adopted. 1995-04-25 House Journal Page 1512 HB 158 Amendment No. 43 was offered by Representative Finkelstein: Page 8, after line 8: Insert a new subsection to read: "(d) This section shall not apply unless the party defending the claim can prove that the compensation paid to the claimant would be greater than the claimant's damages after all fees and costs are considered." Representative Finkelstein moved and asked unanimous consent that Amendment No. 43 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 43 be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 43 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Williams, Willis Nays: Austerman, Bunde, G.Davis, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Barnes And so, Amendment No. 43 was not adopted. Amendment No. 44 was offered by Representative Robinson: Page 7, following line 16: Insert a new paragraph: 1995-04-25 House Journal Page 1513 HB 158 "(5) the collateral source is the payment of a minor child's medical bills by the injured child's parent." Representative Robinson moved and asked unanimous consent that Amendment No. 44 be adopted. Representative Vezey objected. Amendment No. 1 to Amendment No. 44 was offered by Representative Porter: After "parent": Insert "which does not result from insurance coverage" Representative Porter moved and asked unanimous consent that Amendment No. 1 to Amendment No. 44 be adopted. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 44 as amended was offered by Representative Davies: After "payment of a": Delete "minor" Insert "dependent" Representative Davies moved and asked unanimous consent that Amendment No. 2 to Amendment No. 44 as amended be adopted. Objection was heard. The question being: "Shall Amendment No. 2 to Amendment No. 44 as amended be adopted?" The roll was taken with the following result: CSHB 158(FIN) am Second Reading Amendment No. 2 to Amendment No. 44 as amended YEAS: 34 NAYS: 5 EXCUSED: 1 ABSENT: 0 1995-04-25 House Journal Page 1514 HB 158 Yeas: Austerman, Bunde, Davies, B.Davis, G.Davis, 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, Toohey, Williams, Willis Nays: Brice, Brown, Elton, Therriault, Vezey Excused: Barnes And so, Amendment No. 2 to Amendment No. 44 as amended was adopted. There being no further objection, Amendment No. 44 as amended was adopted. The Speaker stated that CSHB158(FIN)am would be held in second reading, with pending amendments, to the April 26, 1995, calendar. HB 38 Representative Vezey moved and asked unanimous consent that the following be held to the April 26, 1995, calendar: HOUSE BILL NO. 38 "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." There being no objection, it was so ordered. SECOND READING OF SENATE BILLS SB 14 The following was read the second time: 1995-04-25 House Journal Page 1515 SB 14 CS FOR SENATE BILL NO. 14(JUD) "An Act relating to criminal mischief." with the: Journal Page JUD RPT 3DP 2NR 1022 3 SENATE FNS (COURT, LAW, DPS) 3/6/95 1022 SENATE FISCAL NOTE (ADM) 3/15/95 1022 2 SENATE ZERO FNS (CORR, DPS) 3/15/95 1022 FIN RPT 7DP 1NR 1449 SENATE FISCAL NOTE (ADM) 3/15/95 1449 3 SENATE FNS (COURT, DPS, LAW) 3/6/95 1449 2 SENATE ZERO FNS (DPS, CORR) 3/6/95 1449 Representative Vezey moved and asked unanimous consent that CSSB 14(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 14(JUD) was read the third time. The question being: "Shall CSSB 14(JUD) pass the House?" The roll was taken with the following result: CSSB 14(JUD) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes Absent: Brice, Grussendorf, Masek, Navarre And so, CSSB 14(JUD) passed the House. 1995-04-25 House Journal Page 1516 SB 14 Representative Davies gave notice of reconsideration of his vote on CSSB 14(JUD). SB 85 The following was read the second time: CS FOR SENATE BILL NO. 85(JUD) am "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." with the: Journal Page JUD RPT 4DP 1NR 1467 SENATE ZERO FISCAL NOTE (LAA) 3/8/95 1467 Representative Vezey moved and asked unanimous consent that CSSB85(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 85(JUD) am was read the third time. The question being: "Shall CSSB 85(JUD) am pass the House?" The roll was taken with the following result: CSSB 85(JUD) am Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Kelly, Rokeberg Excused: Barnes 1995-04-25 House Journal Page 1517 SB 85 Absent: Masek And so, CSSB 85(JUD) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kelly gave notice of reconsideration of his vote on CSSB 85(JUD) am. SECOND READING OF HOUSE RESOLUTIONS HJR 42 The following was read the second time: HOUSE JOINT RESOLUTION NO. 42 Relating to regulation of water carriers serving Alaska. with the: Journal Page TRA RPT 5DP 1NR 1442 ZERO FISCAL NOTE (DOT) 1442 Amendment No. 1 was offered by Representative G.Davis: Page 2, line 5: Delete "system" Insert "authority" Representative G.Davis 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 HJR42 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1995-04-25 House Journal Page 1518 HJR 42 HJR 42 am was read the third time. The question being: "Shall HJR 42 am pass the House?" The roll was taken with the following result: HJR 42 am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, 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 Excused: Barnes And so, HJR 42 am passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Service Cougar Cross Country Ski Teams By Representatives Green, Bunde, B.Davis, Elton, Hanley, Ivan, James, Kott, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Willis In Memoriam - Delfred Michael Judd By Representatives Vezey, Phillips, B.Davis, Foster, Ivan, James, Kelly, Kott, Mackie, Mulder, Rokeberg, Sanders, Therriault, Toohey, Willis 1995-04-25 House Journal Page 1519 Honoring - Earl Samuelson By Representatives Ivan, Phillips, B. Davis, Foster, James, Kott, Kubina, Mackie, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Willis Honoring - Bernie Saupe By Representatives Vezey, Brice, B. Davis, Foster, James, Kott, Kubina, Mackie, Mulder, Rokeberg, Sanders, Toohey, Willis Honoring - Juneau Ski Team By Representatives Elton, Robinson, Phillips, Brice, B. Davis, Foster, Grussendorf, James, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Sanders, Toohey, Willis Honoring - Stephen C. Sisk, Director, Northern Region Department of Transportation and Public Facilities By Representatives Brice, B. Davis, Foster, James, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Sanders, Vezey, Willis Honoring - Jack Germany By Senator Adams; Representatives Foster, Ivan, B.Davis, James, Kott, Kubina, Mackie, Nicholia, Rokeberg, Sanders, Willis In Memoriam - Daniel Stanley Karmun, Jr. By Representatives Foster, Phillips, B. Davis, Foster, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Willis UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative MacLean - from 2:05 p.m., April 27 to 8:54 p.m., plane time, April 30, 1995 1995-04-25 House Journal Page 1520 HB 226 The Speaker added a referral to the Finance Committee for: HOUSE BILL NO. 226 "An Act permitting the provision of different retirement and health benefits to employees based on marital status." HB 226 is in the Judiciary Committee. SB 122 The Speaker waived the Labor & Commerce Committee referral on the following at the request of Representative Kott, Chair: CS FOR SENATE BILL NO. 122(JUD) "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." CSSB 122 (JUD) was referred to the Rules Committee for placement on the calendar. SB 25 Representative Navarre added his name as cross-sponsor to: SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." ENGROSSMENT HJR 42 HJR 42 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1995-04-25 House Journal Page 1521 With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules, which states that 24-hour written notice to the Chief Clerk is the minimum public notice requirement, is in effect as of April 25, 1995. Conference Committee Capitol 518 4:00 pm, 4/26 CSHB 100(FIN) and SCS CSHB 100 (FIN) am S(efd/brf super maj fld S) ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 26, 1995. There being no objection, the House adjourned at 6:51 p.m. Suzi Lowell Chief Clerk