Legislature(1995 - 1996)
1995-05-06 House Journal
Full Journal pdf1995-05-06 House Journal Page 1907 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Saturday May 6, 1995 One Hundred Eleventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:29 a.m. Roll call showed 24 members present. Representative B.Davis had been previously excused from a call of the House today. Representatives Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Hanley, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Therriault and Willis were absent. The invocation was offered by the Chaplain, Representative Parnell. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord God, we offer You thanks for this beautiful day. We thank You for bringing each of us to this place and ask that you grant us wisdom. Grant, also, that our words be tempered by discernment, that our actions reflect the love that only You can provide, and that the work we conclude here will bring glory and honor to You. In Christ's name we pray. Amen." The Pledge of Allegiance was led by Representative Masek. 1 1995-05-06 House Journal Page 1908 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 110th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 79 A message dated May 5, 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 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." Chapter No. 17, SLA 1995 Effective Date: August 3, 1995 SB 41 A message dated May 5, 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: CS FOR SENATE BILL NO. 41(JUD) "An Act relating to reports by fishing vessels that are not licensed under the laws of the state." Chapter No. 15, SLA 1995 Effective Date: August 3, 1995 SB 68 A message dated May 5, 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: 1995-05-06 House Journal Page 1909 SB 68 HOUSE CS FOR CS FOR SENATE BILL NO. 68(HES) "An Act relating to the donation to a food bank of hatchery salmon, to the donation of food by meat processors, seafood processors, manufacturers, packers, processors, bottlers, and similar entities, and to who qualifies as a food bank; and providing for an effective date." Chapter No. 16, SLA 1995 Effective Date: May 6, 1995 MESSAGES FROM THE SENATE HJR 39 A message dated May 5, 1995, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 39 Relating to the Northern Sea Route. HJR 39 was referred to the Chief Clerk for enrollment. HJR 41 A message dated May 5, 1995, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 41 Supporting an exemption from the Jones Act for bulk commodities, such as coal and coal derived fuels, produced in Alaska. HJR 41 was referred to the Chief Clerk for enrollment. HB 169 A message dated May 5, 1995, was read stating the Senate has passed: SENATE CS FOR CS FOR HOUSE BILL NO. 169(RES) "An Act defining the scope of the responsibility of the Department of Natural Resources for regulating the mineral resources of the state." 1995-05-06 House Journal Page 1910 HB 169 HB 169 was referred to the Chief Clerk for enrollment. **The presence of Representative Brown was noted. HB 237 A message dated May 5, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' 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." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD)(efd fld S) "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' 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." CSHB 237(JUD) am is under Unfinished Business. 1995-05-06 House Journal Page 1911 REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Patrick T. Brown JoAnn Holmes Arthur H. Peterson as members of the Commission on Judicial Conduct. The reports stated that they did not reflect an intent by any of the members to vote for or against the named individuals during any further sessions for the purposes of confirmation. The reports were signed by Representative Porter, Chair, and Representatives Toohey, Vezey, B.Davis, Bunde, Green and Finkelstein. **The presence of Representatives Robinson, Mackie, Elton, Davies and Nicholia was noted. HJR 48 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 48 Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai Peninsula, not adopt any other federal regulation changes for hunting or fishing on the Kenai Peninsula, and not adopt the changes in federal regulations that make a customary and traditional use determination for certain communities on the Kenai Peninsula. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 48(RES) Requesting that the Federal Subsistence Board not adopt the proposed subsistence moose hunting regulations for the Kenai 1995-05-06 House Journal Page 1912 HJR 48 Peninsula, and refrain, until January 1, 1997, from adopting federal regulations that would grant subsistence preferences for fish or game or changing any customary and traditional use determinations. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (2): Green, Davies No recommendation (4): Austerman, Kott, Ogan, Nicholia The following fiscal note applies to CSHJR 48(RES): Zero fiscal note, Dept. of Fish and Game, 5/6/95 HJR 48 was referred to the Rules Committee for placement on the calendar. HB 327 The Judiciary Committee has considered: HOUSE BILL NO. 327 "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (1): Vezey Do not pass (1): Finkelstein No recommendation (5): Porter, B.Davis, Green, Bunde, Toohey The following fiscal note applies: Fiscal note, Dept. of Revenue, 5/6/95 1995-05-06 House Journal Page 1913 HB 327 HB 327 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Willis was noted. HB 328 The Labor and Commerce Committee has considered: HOUSE BILL NO. 328 "An Act relating to reduced fees and group discounts for visits to the state museum and its branches; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Rokeberg, Kubina, Kott No recommendation (3): Elton, Masek, Sanders The following fiscal note applies: Zero fiscal note, Dept. of Education, 5/6/95 HB 328 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Finkelstein was noted. SCR 13 The Community & Regional Affairs Committee has considered: CS FOR SENATE CONCURRENT RESOLUTION NO. 13(CRA) Recognizing the women who have served Alaska as state or territorial legislators and celebrating 100 years of women serving as state legislators. 1995-05-06 House Journal Page 1914 SCR 13 The report was signed by Representatives Austerman and Ivan, Co- chairs, with the following individual recommendations: Do pass (3): Austerman, Ivan, Kott No recommendation (1): Vezey The following fiscal note applies: Senate zero fiscal note, Legislative Affairs Agency, 4/29/95 CSSCR 13(CRA) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Navarre was noted. SB 6 The Judiciary Committee has considered: SENATE BILL NO. 6 am "An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 6(CRA) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Green, Toohey, B.Davis, Finkelstein 1995-05-06 House Journal Page 1915 SB 6 The following fiscal notes apply to HCS SB 6(CRA): Senate fiscal note, Dept. of Corrections, 3/30/95 Senate fiscal note, Dept. of Public Safety, 3/30/95 Senate fiscal note, Alaska Court System, 2/9/95 Senate zero fiscal note, Dept. of Public Safety, 2/3/95 SB 6 am was referred to the Finance Committee. **The presence of Representative Grussendorf was noted. SB 26 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 26(FIN) "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Vezey, Green, Bunde, Toohey No recommendation (1): Porter The following fiscal notes apply: Senate zero fiscal notes (2), Dept. of Health & Social Services, 4/12/95 Senate zero fiscal note, Dept. of Health & Social Services, 3/20/95 Senate zero fiscal note, Dept. of Administration, 4/12/95 Senate zero fiscal note, Dept. of Public Safety, 3/20/95 Senate zero fiscal note, Dept. of Law, 3/20/95 CSSB 26(FIN) was referred to the Finance Committee. 1995-05-06 House Journal Page 1916 SB 53 The Labor and Commerce Committee has considered: CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." and recommends that it be replaced with the following committee substitute with a title change pending authorization of a concurrent resolution: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) "An Act relating to consumer credit insurance; to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers 1995-05-06 House Journal Page 1917 SB 53 of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; requiring that insurers appoint independent counsel for an insured when certain conflicts of interest arise; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Kubina, Kott No recommendation (3): Sanders, Elton, Porter Amend (1): Rokeberg 1995-05-06 House Journal Page 1918 SB 53 The following fiscal note applies to HCS CSSB 53(L&C): Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/7/95 CSSB 53(JUD) was referred to the Judiciary Committee. SB 79 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 79(CRA) "An Act relating to errors in surveys of land and amending Alaska Rules of Civil Procedure 4 and 12." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Bunde, Toohey No recommendation (2): Vezey, Green The following fiscal notes apply: Senate zero fiscal note, Dept. of Community & Regional Affairs, 4/20/95 Senate zero fiscal note, Dept. of Natural Resources, 4/20/95 CSSB 79(CRA) was referred to the Rules Committee for placement on the calendar. SB 84 The Finance Committee has considered: CS FOR SENATE BILL NO. 84(FIN) "An Act making a special appropriation to the principal of the permanent fund; and providing for an effective date." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: 1995-05-06 House Journal Page 1919 SB 84 Do pass (2): Kelly, Martin Do not pass (1): Brown No recommendation (7): Foster, Hanley, Kohring, Parnell, Navarre, Mulder, Therriault Amend (1): Grussendorf CSSB 84(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Therriault was noted. SB 130 The Finance Committee has considered: CS FOR SENATE BILL NO. 130(RLS) "An Act relating to marine pilots and the Board of Marine Pilots; extending the termination date of the Board of Marine Pilots; and providing for an effective date." The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (10): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Grussendorf, Kelly, Therriault, Navarre No recommendation (1): Brown The following fiscal note applies: Senate fiscal note, Dept. of Commerce & Economic Development, 4/19/94 CSSB 130(RLS) was referred to the Rules Committee for placement on the calendar. 1995-05-06 House Journal Page 1920 SB 166 The Community & Regional Affairs Committee has considered: SENATE BILL NO. 166 am "An Act relating to the date by which a borough school board is required to submit a school budget to the borough assembly and the date by which the borough assembly is required to appropriate money from local sources for public schools; and providing for an effective date." The report was signed by Representatives Austerman and Ivan, Co- chairs, with the following individual recommendations: Do pass (2): Kott, Ivan No recommendation (2): Austerman, Vezey The following fiscal notes apply: Senate zero fiscal note, Dept. of Education, 4/29/95 Senate zero fiscal note, Dept. of Community & Regional Affairs, 4/29/95 SB 166 am was referred to the Rules Committee for placement on the calendar. **The presence of Representative Brice was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Legal Counsel, Alaska Legislative Legal Services By Representatives Toohey, Bunde Honoring - The Veterans of Foreign Wars Department of Alaska, 50th Annual State Convention By Representatives Kott, Austerman 1995-05-06 House Journal Page 1921 Honoring - Matanuska-Susitna Science Olympiad Steering Committee and the State Competition Winners, Colony Middle School, Palmer Junior Middle School By Senator Green Honoring - Ray Perkins By Senator Taylor; Representative Grussendorf In Memoriam - Harold Sparck By Senators Hoffman, Adams, Lincoln; Representatives Ivan, Foster, Nicholia CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 5 The following was read the second time: CS FOR SENATE BILL NO. 5(STA) "An Act prescribing the use and characteristics of voting booths employed in elections and the color of ballots used in state primary elections." with the: Journal Page STA RPT HCS(STA) (NT) 3DP 2NR 1021 SENATE ZERO FISCAL NOTE (GOV) 2/16/95 1021 FIN RPT HCS(FIN) (NT) 8DP 1466 SENATE ZERO FISCAL NOTE (GOV) 2/16/95 1466 Representative Vezey moved and asked unanimous consent that the following committee substitute, with a new title pending authorization of HCR 14, be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 5(FIN) "An Act relating to the Alaska Election Code and to state election administration." There being no objection, it was so ordered. 1995-05-06 House Journal Page 1922 SB 5 Representative Vezey moved and asked unanimous consent that HCSCSSB5(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCSCSSB5(FIN) was read the third time. **The presence of Representative Kubina was noted. The question being: "Shall HCSCSSB5(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 5(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Hanley, MacLean And so, HCSCSSB5(FIN) passed the House and was referred to the Chief Clerk for engrossment. SB 28 The following was read the second time: CS FOR SENATE BILL NO. 28(FIN)(title am) "An Act requiring emissions inspection upon certain transfers of motor vehicle ownership; relating to fees for registration not conducted at a motor vehicle emissions inspections station and fees for motor vehicle emissions control programs; limiting motor 1995-05-06 House Journal Page 1923 SB 28 vehicle emissions inspection to not more than once every two years and imposing a penalty for operating a motor vehicle in violation of emissions requirements; and providing for an effective date." with the: Journal Page FIN RPT 3DP 3NR 1850 SENATE FISCAL NOTE (DEC) 4/19/95 1850 SENATE FISCAL NOTE (DPS) 4/29/95 1850 Representative Vezey moved and asked unanimous consent that CSSB28(FIN)(title am) be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that CSSB 28(FIN)(title am) will be in third reading on the May 7, 1995, calendar. SB 93 The following was read the second time: CS FOR SENATE BILL NO. 93(RES) "An Act relating to the disposal of state land along the Dalton Highway; and providing for an effective date." with the: Journal Page RES RPT HCS(RES) 4DP 3NR 1282 SENATE ZERO FISCAL NOTE (DNR) 2/28/95 1283 FIN RPT HCS(RES) 7DP 2DNP 2NR 1851 ZERO FISCAL NOTE (F&G) 1852 SENATE ZERO FN (DNR) 2/28/95 1852 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 93(RES) (same title) 1995-05-06 House Journal Page 1924 SB 93 There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSCSSB93(RES) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 93(RES) will be in third reading on the May 7, 1995, calendar. SB 123 The following, which had been held in second reading until today's calendar (page 1896), was again before the House: CS FOR SENATE BILL NO. 123(FIN) "An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date." Amendment No. 1 was offered by Representative Elton: Page 5, following line 26: Insert a new paragraph to read: "(6) serving, for up to two years, as a full-time volunteer under the National and Community Service Trust Act of 1993 (Americorps);" Renumber the following paragraphs accordingly. Representative Elton moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. 1995-05-06 House Journal Page 1925 SB 123 Representative Robinson moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard and the member was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 123(FIN) Second Reading Amendment No. 1 YEAS: 33 NAYS: 4 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Nays: Martin, Ogan, Therriault, Williams Excused: B.Davis Absent: Hanley, MacLean And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representatives Kott, Sanders and Ivan: Page 2, line 2: Delete "30" Insert "20" Page 2, line 4: Delete "$4,500" Insert "$5,000" Page 2, lines 5 - 6: Delete "30, but at least 20" Insert "20, but at least 10" 1995-05-06 House Journal Page 1926 SB 123 Page 2, line 6: Delete ";" Insert "." Page 2, lines 7 - 9: Delete all material. Representative Kott moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 123(FIN) am H Second Reading Amendment No. 2 YEAS: 24 NAYS: 13 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Davies, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Willis Nays: Brown, Bunde, Green, James, Kelly, Kohring, Martin, Masek, Parnell, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Hanley, MacLean And so, Amendment No. 2 was adopted. 1995-05-06 House Journal Page 1927 SB 123 Amendment No. 3 was offered by Representatives Brown and Mulder: Page 9, line 20, after "14.43.160": Insert "if the person's scheduled release date is more than two months after the scheduled completion date of the career education or degree program for which the loan is requested" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Bunde objected. **The presence of Representative MacLean was noted. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSSB 123(FIN) am H Second Reading Amendment No. 3 YEAS: 19 NAYS: 17 EXCUSED: 1 ABSENT: 3 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Willis Nays: Austerman, Bunde, G.Davis, Green, James, Kelly, Kohring, MacLean, Martin, Masek, Moses, Ogan, Parnell, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Barnes, Hanley, Mackie And so, Amendment No. 3 was adopted. 1995-05-06 House Journal Page 1928 SB 123 Amendment No. 4 was offered by Representative Robinson: Page 9, line 25, after "AS25.27.070": Insert ", restitution to a crime victim authorized under AS12.55.045," Representative Robinson moved and asked unanimous consent that Amendment No. 4 be adopted. Objection was heard. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 123(FIN) am H Second Reading Amendment No. 4 YEAS: 24 NAYS: 11 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Brown, Davies, Elton, Finkelstein, Green, Grussendorf, James, Kott, Kubina, Mackie, MacLean, Martin, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Willis Nays: Bunde, G.Davis, Foster, Ivan, Kohring, Masek, Mulder, Ogan, Therriault, Vezey, Williams Excused: B.Davis Absent: Hanley, Kelly, Moses, Parnell And so, Amendment No. 4 was adopted. Representative Vezey moved and asked unanimous consent that CSSB123(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. 1995-05-06 House Journal Page 1929 SB 123 The Speaker stated that CSSB 123(FIN) am H will be in third reading on the May 7, 1995, calendar. CSSB123(FIN)amH was taken up later. SB 142 The following was read the second time: CS FOR SENATE BILL NO. 142(STA) "An Act establishing the Alaska Human Resource Investment Council and transferring certain functions of other entities to the council; abolishing the Employment Security Advisory Council; establishing a planning mechanism for employment training and other human resource investment needs; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 10DP 1NR 1737 LETTER OF INTENT WITH FIN REPORT 1738 FISCAL NOTE (GOV) 3/27/95 1739 3 SEN ZERO FNS (UA, DOE, LABOR) 3/27/95 1739 3 SEN ZERO FNS (DHSS, DCED, CRA) 3/27/95 1739 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSCSSB142(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCSCSSB142(FIN) was read the third time. 1995-05-06 House Journal Page 1930 SB 142 The question being: "Shall HCSCSSB142(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 142(FIN) Third Reading Final Passage YEAS: 32 NAYS: 1 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Brown, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Therriault, Toohey, Vezey, Williams, Willis Nays: Bunde Excused: B.Davis Absent: Grussendorf, Hanley, Moses, Mulder, Rokeberg, Sanders And so, HCS CSSB 142(FIN) 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 clauses. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House Finance Committee Letter of Intent (page 1738) be adopted. There being no objection, it was so ordered. Representative Bunde gave notice of reconsideration of his vote on HCSCSSB142(FIN). SB 123 Representative Vezey moved and asked unanimous consent that CSSB123(FIN)amH be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. **The presence of Representative Hanley was noted. 1995-05-06 House Journal Page 1931 SB 123 CSSB123(FIN)amH was read the third time. The question being: "Shall CSSB123(FIN)amH pass the House?" The roll was taken with the following result: CSSB 123(FIN) am H Third Reading Final Passage YEAS: 22 NAYS: 13 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Brice, Brown, Davies, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, Kott, Kubina, Mackie, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Williams, Willis Nays: Bunde, Green, James, Kelly, Kohring, Martin, Moses, Navarre, Ogan, Parnell, Therriault, Toohey, Vezey Excused: B.Davis Absent: Barnes, MacLean, Masek, Sanders And so, CSSB123(FIN)amH 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: CSSB 123(FIN) am H Third Reading Effective Date YEAS: 38 NAYS: 0 EXCUSED: 1 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, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis 1995-05-06 House Journal Page 1932 SB 123 Excused: B.Davis Absent: Sanders And so, the effective date clause was adopted. Representative Navarre gave notice of reconsideration of his vote on CSSB123(FIN)amH. HOUSE BILLS IN THIRD READING HB 288 The following, which had been held on reconsideration until today's calendar (page 1899), was again before the House in third reading: CS FOR HOUSE BILL NO. 288(L&C) "An Act relating to procurement preferences." Representative Hanley moved and asked unanimous consent that CSHB288(L&C) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Hanley: Page 1, line 1, following "preferences" (title amendment): Insert "and authorizing certain state real property lease extensions; and providing for an effective date." Page 2, following line 20: Insert new bill sections to read: "* Sec. 3. LEASE EXTENSIONS AUTHORIZED. (a) Notwithstanding AS36.30, the Department of Administration, the University of Alaska, the legislature, and the court system may extend for up to a maximum extension of eight years a real property lease that is entered into under AS36.30, including procedures and regulations adopted under AS36.30.005(c) and 36.30.020 - 36.30.030, and that is in existence on the effective date of this section if a minimum cost savings of (1) 10 percent can be achieved on the rent due under the lease; or 1995-05-06 House Journal Page 1933 HB 288 (2) five percent can be achieved on the rent due under the lease and the lessor agrees to make modifications of the leased real property to bring the real property into compliance with the requirements of 42 U.S.C. 12101 - 12213 (Americans with Disabilities Act of 1990). (b) The cost savings under (a) of this section shall be calculated on the remaining term of the lease and any renewals, including extensions allowed under (a) of this section. (c) The Department of Administration, the University of Alaska, the Alaska Court System, and the Legislative Affairs Agency shall submit an annual report to the Legislative Budget and Audit Committee detailing the leases extended and the cost savings achieved under (a) or (b) of this section. The first report is due August 31, 1996, and must cover fiscal year 1996. Subsequent reports are due August31 of each succeeding year, and the final report is due August31, 2000. * Sec. 4. (a) Subsections 3(a) and (b) of this Act are repealed June30, 2000. (b) Subsection 3(c) of this Act is repealed September1, 2000." Renumber the following bill section accordingly. Page 2, line 21: Delete "This Act applies" Insert "Sections 1 and 2 of this Act apply" Following "of" Insert "secs. 1 and 2 of" Page 2, following line 22: Insert new bill sections to read: "* Sec. 6. If sec. 3 of this Act takes effect after July 1, 1995, sec. 3 of this Act is retroactive to July1, 1995. * Sec. 7. Sections 3 and 6 of this Act take effect immediately under AS01.10.070(c)." Representative Hanley moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. 1995-05-06 House Journal Page 1934 HB 288 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 288(L&C)--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 28 NAYS: 5 EXCUSED: 1 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Brown, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Navarre, Nicholia, Phillips, Porter, Robinson, Toohey, Vezey, Williams Nays: Finkelstein, Mulder, Ogan, Rokeberg, Willis Excused: B.Davis Absent: Davies, Grussendorf, Kubina, Parnell, Sanders, Therriault Willis changed from "Yea" to "Nay" And so, Amendment No. 1 was adopted, and the new title appears below: CS FOR HOUSE BILL NO. 288(L&C) am "An Act relating to procurement preferences and authorizing certain state real property lease extensions; and providing for an effective date." The question to be reconsidered: "Shall CSHB288(L&C)am pass the House?" The roll was taken with the following result: CSHB 288(L&C) am--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 1 ABSENT: 5 1995-05-06 House Journal Page 1935 HB 288 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis Nays: Mulder Excused: B.Davis Absent: Grussendorf, Kubina, Parnell, Sanders, Therriault And so, CSHB288(L&C)am passed the House on reconsideration. 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. CSHB288(L&C)am was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 117 The following, which was advanced to third reading from the May 5, 1995, calendar (page 1895), was read the third time: CS FOR SENATE BILL NO. 117(HES) "An Act establishing a statewide independent living council and clarifying its relationship with existing agencies; and providing for an effective date." Representative Toohey moved and asked unanimous consent that CSSB117(HES) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Toohey: 1995-05-06 House Journal Page 1936 SB 117 Page 2, line 26, after "compensation of": Insert "up to" Representative Toohey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall CSSB117(HES)amH pass the House?" The roll was taken with the following result: CSSB 117(HES) am H Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Grussendorf, Kubina, Parnell, Sanders, Therriault And so, CSSB117(HES)amH 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. CSSB117(HES)amH was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 14 The following was read the second time: 1995-05-06 House Journal Page 1937 HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 5, relating to election administration and the Alaska Election Code. The following fiscal note applies: Zero fiscal note, House Rules Committee, 5/6/95 The question being: "Shall HCR14 pass the House?" The roll was taken with the following result: HCR 14 Second Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Grussendorf, Kubina, Parnell, Therriault And so, HCR14 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SCR 18 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II. 1995-05-06 House Journal Page 1938 SCR 18 The following fiscal note applies: Senate zero fiscal note, Senate Rules Committee, 5/1/95 The question being: "Shall SCR18 pass the House?" The roll was taken with the following result: SCR 18 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 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, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Moses And so, SCR 18 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 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 - Traci Lynn Rieger By Senator Duncan; Representatives Elton, Robinson, Brice, B.Davis, James, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Sanders, Toohey, Willis Honoring - Peter J. Rob By Senator Adams; Representatives Brice, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Sanders, Toohey, Willis 1995-05-06 House Journal Page 1939 In Memoriam - Stanley L. Huntington By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Bunde, B.Davis, Elton, Foster, Grussendorf, Ivan, James, Kott, Kubina, Mackie, MacLean, Navarre, Sanders, Toohey, Vezey, Willis In Memoriam - Claude Demientieff, Sr. By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Bunde, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Navarre, Sanders, Toohey, Vezey, Willis UNFINISHED BUSINESS HB 237 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 1910) on the following at this time: CS FOR HOUSE BILL NO. 237(JUD) am "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 237(JUD)(efd fld S) "An Act relating to workers' compensation insurance rate filings; to second independent medical evaluations for workers' 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 1995-05-06 House Journal Page 1940 HB 237 employer workplace safety inspections related to workers' compensation insurance." There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB237(JUD)am, thus adopting SCS CSHB 237(JUD)(efd fldS), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB237(JUD)am?" The roll was taken with the following result: SCS CSHB 237(JUD)(efd fld S) Concur YEAS: 4 NAYS: 34 EXCUSED: 1 ABSENT: 1 Yeas: Bunde, Green, Sanders, Williams Nays: Austerman, Barnes, Brice, Brown, Davies, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Excused: B.Davis Absent: Moses And so, the House failed to concur in the Senate amendment, thus failing to adopt SCSCSHB237(JUD)(efd fld S). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: 1995-05-06 House Journal Page 1941 HB 237 Representative Kott, Chair Representative Porter Representative Brice SB 53 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: CS FOR SENATE BILL NO. 53(JUD) "An Act relating to regulation of risk retention or purchasing groups; to preemption of the regulation of insurance agents and insurance producers; to the general powers of the director of the division of insurance; to insurance examination hearings; to insurer certificates of authority; to annual and quarterly statements, taxes, and prohibited acts of insurers; to reinsurance credit allowed a domestic insurer; to risk based capital for insurers; to insurer assets and liabilities; to insurer investments; to insurance holding companies; to regulation, licensing, examination, and trade practices of insurance producers, managing general agents, third-party administrators, brokers, independent adjusters, and reinsurance intermediary managers; to surplus lines insurance; to criminal insurance acts; to premium increases in automobile insurance; to insurance rating; to assigned risk pools; to filing and approval of certain insurance policy forms; to required insurance coverage for acupuncture, nurse midwives' services, mammography, and phenylketonuria; to health insurance provided by small employers; to transfer of an insurer's status as a domestic insurer; to quarterly statements of benevolent associations, fraternal benefit societies, and health maintenance organizations; to reciprocal insurers; to the definition of 'member insurer' for purposes of the Alaska Life and Disability Insurance Guaranty Association; to electronic insurance data transfer and insurance funds transfer; to the definitions of 'managing general agent' and 'person' applicable to insurance law; to automobile assigned risk plans; placing a person employed by the division of insurance as an actuary or assistant actuary into the exempt service; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." CSSB53(JUD) was removed from the Judiciary Committee and referred to the Rules Committee for placement on the calendar. 1995-05-06 House Journal Page 1942 SB 172 Representative Porter, Chair, moved and asked unanimous consent that the following be waived from the Judiciary Committee: SENATE BILL NO. 172 "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." Representative Mackie objected. Representative Porter moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 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 Bunde - May 7, 1995 SCR 18 Representatives Foster, Nicholia, Robinson, Rokeberg, Austerman, Toohey, Davies, Hanley, MacLean, Mulder, Kubina, Therriault, Kott and Parnell added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 18 Honoring the military veterans of World War II and commemorating the 50th anniversary of the end of World War II. SB 5 Representative Rokeberg added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 5(FIN) "An Act relating to the Alaska Election Code and to state election administration." ENGROSSMENT HCR 14 HCR 14 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1995-05-06 House Journal Page 1943 HB 288 CSHB 288(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 5 HCS CSSB 5(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 117 CSSB 117(HES) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 208 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 9:40 a.m., May 6, 1995: 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." HB 214 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 9:40 a.m., May 6, 1995: HOUSE BILL NO. 214 am "An Act relating to the maintenance by health care providers of medical records in an electronic format." HB 320 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 9:40 a.m., May 6, 1995: 1995-05-06 House Journal Page 1944 HB 320 HOUSE BILL NO. 320 "An Act approving the sale of Prudhoe Bay Unit royalty oil by the State of Alaska to Tesoro Alaska Petroleum Company; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Finance Committee 12:30 p.m., 5/6 TIME CHANGED TO 1:30 p.m. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 12:00 noon, May 7, 1995. There being no objection, the House adjourned at 1:03 p.m. Suzi Lowell Chief Clerk