Legislature(1995 - 1996)
1995-05-10 House Journal
Full Journal pdf1995-05-10 House Journal Page 2079 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday May 10, 1995 One Hundred Fifteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:51 a.m. Roll call showed 29 members present. Representatives Barnes, Finkelstein, Grussendorf, Hanley, Ivan, Kelly, Kott, Mackie, MacLean, Rokeberg and Therriault were absent. The invocation was offered by the Chaplain, Pastor Jimmie Stringer of the First Baptist Church of Juneau. Representative Kubina moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord, our Creator, thank You for Your handiwork in the natural wonders of Alaska. Thank You for sunshine. Thank You for rain. Thank You for clean air and water. Thank You for snow-capped peaks and abundant wildlife. Make us aware of You as the source of beautiful flowers and life itself. Make us sensitive to the fragile quality of our existence. Make us thankful and cause us to be good stewards of all You have given to us. In Jesus' name, Amen." The Pledge of Allegiance was led by Representative Brice. 1 1995-05-10 House Journal Page 2080 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 114th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 74 A message dated May 9, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 74(FIN) "An Act relating to the assault of children by adults." CSHB 74(FIN) was referred to the Chief Clerk for enrollment. HB 195 A message dated May 9, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 195(RES) "An Act repealing the laws authorizing milk marketing orders." CSHB 195(RES) was referred to the Chief Clerk for enrollment. HB 219 A message dated May 9, 1995, was read stating the Senate has passed: 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." CSHB 219(FIN) was referred to the Chief Clerk for enrollment. HB 274 A message dated May 9, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 274(JUD) "An Act relating to the state's tuberculosis control program; and providing for an effective date." CSHB 274(JUD) was referred to the Chief Clerk for enrollment. 1995-05-10 House Journal Page 2081 HB 35 A message dated May 9, 1995, was read stating the Senate has passed CSHB 35(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." CSHB 35(JUD) is under Unfinished Business. HB 44 A message dated May 9, 1995, was read stating the Senate has passed CSHB 44(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) "An Act relating to reporting by permittees, licensees, and vendors; relating to municipal regulation of charitable gaming; providing that a political group is not a qualified organization for purposes of charitable gaming, other than raffles, and relating to those raffles; relating to identification to the public of each permittee that will benefit from the sale of each pull-tab series and each bingo session; providing that the proceeds from charitable gaming, other than certain raffles conducted by a political organization, may not be contributed to a political party or other political group; and providing for an effective date." CSHB 44(FIN) am is under Unfinished Business. **The presence of Representative Grussendorf was noted. HB 78 A message dated May 9, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 78(FIN) am "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the 1995-05-10 House Journal Page 2082 HB 78 duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3." CSHB 78(FIN) am is under Unfinished Business. **The presence of Representatives Therriault and Mackie was noted. HB 233 A message dated May 9, 1995, was read stating the Senate has passed CSHB 233(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, 1995-05-10 House Journal Page 2083 HB 233 Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." A Senate Letter of Intent was attached (page 1690 of the Senate Journal). CSHB 233(FIN) am is under Unfinished Business. **The presence of Representative Ivan was noted. A message dated May 9, 1995, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 176 CS FOR SENATE BILL NO. 176(RES) by the Senate Resources Committee, entitled: "An Act relating to regulation of certain natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements, and amending the duties of the Alaska Oil and Gas Conservation Commission as they relate to natural gas exploration activities; and providing for an effective date." was read the first time and referred to the House Special Committee on Oil and Gas and the Resources Committee. **The presence of Representatives Barnes and Kott was noted. COMMUNICATIONS The following report is on file in the Chief Clerk's office: 1995-05-10 House Journal Page 2084 Dept. of Transportation and Public Facilities Alaska Marine Highway System, Support Services Annual Financial Report for FY July 1, 1993-June 30, 1994 (as required by AS 19.65.080) INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Rebecca Short, Girl Scout Gold Award By Representative Grussendorf Honoring - Alan Wood By Representatives Ogan, Masek, Kohring; Senators Halford, Green Honoring - Daniel Griswold, Eagle Scout By Representative Hanley Honoring - Kaltag 4-H Program By Senator Lincoln; Representative Nicholia In Memoriam - Mary Tallmountain By Representative Nicholia; Senator Lincoln In Memoriam - Flora Jane Harper Petri, on the occasion of the dedication of the Harper Building By Representative Nicholia; Senator Lincoln In Memoriam - Joseph John By Representative Nicholia; Senator Lincoln INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HR 11 HOUSE RESOLUTION NO. 11 by Representative Ogan: Requesting the Congress to clarify that the Reindeer Industry Act of 1937 no longer applies in the State of Alaska. 1995-05-10 House Journal Page 2085 HR 11 was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the State Affairs and Resources Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 343 HB 343 was not introduced. HB 344 HOUSE BILL NO. 344 by the House Rules Committee by request of the Governor, entitled: "An Act authorizing the commissioner of the Department of Natural Resources to negotiate and enter into timber sale contracts that provide for local manufacture of high value-added wood products; and establishing an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development." was read the first time and referred to the Resources and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Natural Resources, 5/10/95 Zero fiscal note, Dept. of Community & Regional Affairs, 5/10/95 Zero fiscal note, University of Alaska, 5/10/95 Zero fiscal note, Dept. of Commerce & Economic Development, 5/10/95 The Governor's transmittal letter, dated May 9, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that establishes a new negotiated timber sales program for state land managed by the Department of Natural Resources. This bill addresses the need to stimulate local, small scale 1995-05-10 House Journal Page 2086 HB 344 value-added processing of Alaska's forest resources and to foster creation of Alaskan jobs. With the introduction of this bill, we seek to provide a new focus on how timber should be managed in Alaska by providing more jobs from timber cut on state lands by encouraging industries that process high-value finished wood products. At the same time, this legislation provides direction on management of our forests to preserve fish and wildlife habitat and other uses of the forest including tourism, fisheries, personal and family uses including hunting and fishing. The goal of my Administration in proposing this bill is to develop sound long-term strategies for managing Alaska's forest resources so as to provide the highest and best economic uses in local communities that are dependent on timber resources while maintaining other Alaskan uses through the constitutionally mandated sustained yield principles. The attached bill maximizes the opportunity for employment while minimizing the impact on other uses of our state forests. I am introducing this legislation in the final days of the session because it is my understanding that the legislature will be holding hearings on timber over the interim and I think it is critical that the new directions embodied in this bill are considered in the discussions of the legislature. The bill has two main components: provisions for incentives for local manufacture of high value-added wood products and other value-added wood products from timber on state lands and authorizing use of such incentives in awarding special negotiated timber sale contracts (sec. 2 of the bill) creation of an Alaska Forest Products Research and Marketing Program within the Department of Commerce and Economic Development to coordinate research and marketing efforts related to value-added manufacturing of Alaska wood products (sec. 3 of the bill). An uncertain supply of timber is one of the primary factors limiting the development of high value-added wood products manufacturing 1995-05-10 House Journal Page 2087 HB 344 facilities in the state. To address this problem, sec. 2 of the bill proposes a new special negotiated timber sale program for timber destined for local manufacture of high value-added wood products. Contracts negotiated under this section may be for the harvest of up to five million board feet of timber each year for up to 10 years. Stumpage rates would not be less than the base price established under regulations. Planning for this program by the Department of Natural Resources also will take into account sustained yield principles of timber harvest, the need for protection of fish and wildlife populations and habitat and maximizing opportunities for public uses of the state's forests. The same public comment will apply to the planning process as it is does with sales conducted presently. Existing forest planning requirements would apply to these new negotiated sales and other timber sales programs would not be affected. To participate in a negotiated timber sale authorized in sec.2 of the bill, the prospective purchaser must agree to use at least 50 percent of the timber from the sale for the local manufacture of high value-added wood products. In determining whether it is in the state's best interest to enter into a sale contract under sec. 2, the commissioner is to consider the economic benefits to the region from the local manufacture of the high value-added wood products as well as from the local manufacture of other value-added wood products; the commissioner also must ensure the sustainability of fish and wildlife populations and habitat and other uses of the forest. My Administration will be working with the Alaska Congressional delegation to ensure that appropriate related changes are made to federal law. Section 3 of the bill establishes an Alaska Forest Products Research and Marketing Program to encourage in-state processing of Alaska timber into value-added wood products. The program coordinator is to gather and disseminate existing information related to the manufacture of value-added wood products and to identify unfilled needs and problems, conduct analyses and propose solutions to assist local manufacturers. This program will be accomplished through an existing position in the Department of Commerce. The provisions proposed in this bill will provide a mechanism for encouraging the development of Alaskan businesses and Alaskan jobs, 1995-05-10 House Journal Page 2088 HB 344 and will establish a new timber sales program as a means of encouraging local processing. It should help address the crisis that faces Alaskan communities that are largely dependent on the jobs the forest products industry provides. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor" HB 345 HOUSE BILL NO. 345 by Representative Foster, entitled: "An Act relating to the procurement of investment and brokerage services by the Alaska State Pension Investment Board." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 346 HOUSE BILL NO. 346 by Representative Moses, entitled: "An Act relating to regulation of telecommunications utilities." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF SENATE BILLS SB 1 The following, which had been advanced to third reading from the May 9, 1995, calendar (page 2048), was read the third time: HOUSE CS FOR SENATE BILL NO. 1(FIN) "An Act relating to state implementation of federal statutes." The question being: "Shall HCS SB 1(FIN) pass the House?" The roll was taken with the following result: 1995-05-10 House Journal Page 2089 SB 1 HCS SB 1(FIN) Third Reading Final Passage YEAS: 32 NAYS: 1 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Nicholia, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Navarre Absent: Finkelstein, Hanley, Kelly, MacLean, Mulder, Ogan, Rokeberg And so, HCS SB 1(FIN) passed the House. Representative Finkelstein gave notice of reconsideration of his vote on HCS SB 1(FIN). SB 16 The following, which had been advanced to third reading from the May 9, 1995, calendar (page 2050), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 16(FIN) "An Act relating to the University of Alaska and university land, authorizing the University of Alaska to select additional state public domain land, and defining net income from the University of Alaska's endowment trust fund as 'university receipts' subject to prior legislative appropriation." **The presence of Representatives Finkelstein, Kelly, Rokeberg, Hanley and MacLean was noted. Representative Kubina placed a call of the House. The call was satisfied. 1995-05-10 House Journal Page 2090 SB 16 The question being: "Shall HCS CSSB 16(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 16(FIN) Third Reading Final Passage YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Bunde, Davies, B.Davis, Elton, Foster, Green, Ivan, James, Kelly, Kohring, Kubina, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brown, G.Davis, Finkelstein, Grussendorf, Hanley, Kott, MacLean, Masek, Navarre, Nicholia, Phillips, Sanders, Willis And so, HCS CSSB 16(FIN) passed the House. Representative Navarre gave notice of reconsideration of his vote on HCS CSSB 16(FIN). SB 21 The following, which had been advanced to third reading from the May 10, 1995, calendar (page 2051), was read the third time: CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." Representative Parnell declared a conflict of interest. The question being: "Shall CSSB 21(RES) pass the House?" The roll was taken with the following result: CSSB 21(RES) Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 1995-05-10 House Journal Page 2091 SB 21 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, 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 Nays: MacLean Absent: Davies And so, CSSB 21(RES) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 87 The following, which had been advanced to third reading from the May 9, 1995, calendar (page 2054), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 87(JUD) "An Act relating to the membership of the Alcoholic Beverage Control Board; relating to community local options for control of alcoholic beverages; relating to the control of alcoholic beverages; prohibiting persons from being on premises involving alcoholic beverages under certain circumstances; relating to the definition of 'alcoholic beverage'; relating to purchase and sale of alcoholic beverages; relating to alcohol server education courses; and providing for an effective date." The question being: "Shall HCS CSSB 87(JUD) pass the House?" The roll was taken with the following result: HCS CSSB 87(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1995-05-10 House Journal Page 2092 SB 87 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, 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 Absent: Finkelstein And so, HCS CSSB 87(JUD) 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. HCS CSSB 87(JUD) was referred to the Chief Clerk for engrossment. SB 130 The following, which had been advanced to third reading from the May 10, 1995, calendar (page 2054), was read the third time: 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 question being: "Shall CSSB 130(RLS) pass the House?" The roll was taken with the following result: CSSB 130(RLS) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1995-05-10 House Journal Page 2093 SB 130 Absent: Moses And so, CSSB 130(RLS) 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 Mackie gave notice of reconsideration of his vote on CSSB 130(RLS). RECONSIDERATION SB 130 Representative Mackie moved and asked unanimous consent that the reconsideration of CSSB 130(RLS) be taken up on the same day. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSSB 130(RLS) pass the House?" The roll was taken with the following result: CSSB 130(RLS)--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, 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 Absent: Foster, Ivan And so, CSSB 130(RLS) passed the House on reconsideration. 1995-05-10 House Journal Page 2094 SB 130 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. CSSB 130(RLS) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 154 The following, which had been advanced to third reading from the May 9, 1995, calendar (page 2055), was read the third time: SENATE BILL NO. 154 "An Act relating to an aggravating factor at sentencing." The question being: "Shall SB 154 pass the House?" The roll was taken with the following result: SB 154 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, MacLean, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: G.Davis, Foster, Ivan, Mackie, Martin And so, SB 154 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 172 The following, which had been advanced to third reading from the May 9, 1995, calendar (page 2056), was read the third time: SENATE BILL NO. 172(efd am H) "An Act eliminating 'monte carlo' nights as an authorized form of charitable gaming; and providing for an effective date." 1995-05-10 House Journal Page 2095 SB 172 Representative Vezey placed a call of the House. The call was satisfied. The question being: "Shall SB 172(efd am H) pass the House?" The roll was taken with the following result: SB 172(efd am H) Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Elton, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Finkelstein, Grussendorf, Ivan, Kubina, Mackie, MacLean, Masek, Moses, Navarre, Nicholia, Robinson, Williams And so, SB 172(efd am H) 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: SB 172(efd am H) Third Reading Effective Date YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Moses, Navarre, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1995-05-10 House Journal Page 2096 SB 172 Nays: MacLean, Martin, Masek, Mulder, Nicholia, Ogan And so, the effective date clause was adopted. Representative Mackie gave notice of reconsideration of his vote on SB 172(efd am H). Representative Vezey moved and asked unanimous consent that the House recess until 2:00 p.m. There being no objection, the House recessed at 12:52 p.m. AFTER RECESS The House was called back to order at 2:29 p.m. A second quorum call showed 23 members present. THIRD READING OF SENATE RESOLUTIONS SJR 19 The following, which had been advanced to third reading from the May 9, 1995, calendar (page 2061), was read the third time: CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited. Representative Kelly placed a call of the House. The call was satisfied. Representative Finkelstein moved and asked unanimous consent that CSSJR 19(RES) be returned to second reading for the specific purpose of considering Amendment No. 1. 1995-05-10 House Journal Page 2097 SJR 19 Objection was heard. The question being: "Shall CSSJR 19(RES) be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: CSSJR 19(RES) Third Reading Return to Second for Amendment No. 1 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, MacLean, Nicholia, Robinson, Williams Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis And so, the motion failed. The question being: "Shall CSSJR 19(RES) pass the House?" The roll was taken with the following result: CSSJR 19(RES) Third Reading Final Passage YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Ivan, Kubina, Mackie, MacLean, Moses, Nicholia, Robinson, Williams And so, CSSJR 19(RES) passed the House. 1995-05-10 House Journal Page 2098 SJR 19 Representative Nicholia gave notice of reconsideration of her vote on CSSJR 19(RES). 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 - Alaska Federation of Business and Professional Women 50th Anniversary By Representatives B.Davis, Phillips, Brice, Brown, Elton, Green, James, Kott, Kubina, Mackie, MacLean, Masek, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Vezey, Williams, Willis Honoring - Mark Leary, Secondary Social Studies Teacher of the Year By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Brown, B.Davis, Elton, Green, James, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Navarre, Parnell, Robinson, Rokeberg, Sanders, Toohey, Willis Honoring - Lake and Peninsula, Aleutians East, Pribilof Islands, and Bristol Bay Native Youth Olympians By Senator Hoffman; Representatives Brown, B.Davis, Elton, Green, Ivan, James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia, Parnell, Robinson, Sanders, Toohey, Willis Honoring - Dillingham and Southwest Region Native Youth Olympians By Senator Hoffman; Representatives Brown, B.Davis. Elton, Green, Ivan, James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia, Parnell, Robinson, Sanders, Toohey, Willis Honoring - Audrey Smith By Senator Adams; Representatives B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Willis 1995-05-10 House Journal Page 2099 Honoring - The Village of Allakaket, The Village of Alatna, The Village of Hughes By Senator Lincoln; Representatives Nicholia, Brice, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Robinson, Sanders, Toohey, Willis Honoring - Chugiak Mustangs Bantam "C" Hockey Team By Senators Phillips, Halford; Representatives Willis, Kohring, Kott, B.Davis, Elton, James, Kubina, Mackie, MacLean, Masek, Mulder, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Willis Honoring - Lower Kuskokwim School District Native Olympians By Senators Hoffman, Adams; Representatives Ivan, Foster, Brown, B.Davis, Elton, James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia, Parnell, Robinson, Sanders, Toohey, Willis In Memoriam - Joseph Davis By Representatives B.Davis, Phillips, Brice, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, MacLean, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Martha Johnson By Representatives B.Davis, Phillips, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, MacLean, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Patti L. Hyslop By Representatives Nicholia, Phillips, Brice, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Masek, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Lincoln In Memoriam - Charlie Biederman By Representatives Nicholia, Phillips, Bunde, B.Davis. Elton, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Mulder, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Lincoln In Memoriam - Reubin Harrison Hendricks, Jr. By Representatives Kubina, Phillips, B.Davis, Elton, Finkelstein, Foster, James, Kott, Mackie, MacLean, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis 1995-05-10 House Journal Page 2100 In Memoriam - John Parks By Senator Ellis; Representatives B.Davis, Brown, Phillips, Elton, Finkelstein, Foster, James, Kott, Kubina, Mackie, Nicholia, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - James Frederick Wolf By Senator Halford; Representatives Phillips, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Sophia Lincoln By Senator Lincoln; Representatives Nicholia, Phillips, Brice, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, MacLean, Masek, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Without objection, the House reverted to: REPORTS OF SPECIAL COMMITTEES SB 123 The Conference Committee considering: 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." and CS FOR SENATE BILL NO. 123(FIN) am H (same title) requests limited powers of free conference on the following specific points: Student loans relating to career education in Section 1 of CSSB123(FIN). 1995-05-10 House Journal Page 2101 SB 123 The request was signed by Representatives Bunde (Chair), Vezey and Brown; and, Senators Green (Chair), Phillips and Ellis. The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS HB 35 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2081) on the following at this time: CS FOR HOUSE BILL NO. 35(JUD) "An Act relating to sexual misconduct as grounds for imposing disciplinary sanctions on persons licensed by the State Medical Board." and SENATE CS FOR CS FOR HOUSE BILL NO. 35(HES) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB35(JUD), thus adopting SCSCSHB35(HES) amS, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB35(JUD)?" The roll was taken with the following result: SCS CSHB 35(HES) am S Concur YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 1995-05-10 House Journal Page 2102 HB 35 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Brice, Grussendorf, Masek, Moses And so, the House concurred in the Senate amendment, thus adopting SCSCSHB35(HES)amS. The Chief Clerk was instructed to so notify the Senate. SCSCSHB35(HES)amS was referred to the Chief Clerk for enrollment. HB 78 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2081) on the following at this time: CS FOR HOUSE BILL NO. 78(FIN) am "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 78(FIN) am S(efd fld S) "An Act relating to certain licenses and applications for licenses for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to the 1995-05-10 House Journal Page 2103 HB78 duty to support children of minor parents; relating to the program of aid to families with dependent children, including the payment of aid in the case of pregnant minors and minors who are parents; proposing special demonstration projects within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the projects; amending Alaska Rule of Civil Procedure 90.3." There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB78(FIN)am, thus adopting SCSCSHB78(FIN) amS(efdfldS), and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB78(FIN)am?" The roll was taken with the following result: SCS CSHB 78(FIN) am S(efd fld S) Concur YEAS: 0 NAYS: 38 EXCUSED: 0 ABSENT: 2 Nays: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Moses, Mulder Kott changed from "Yea" to "Nay". And so, the House failed to concur in the Senate amendment, thus failing to adopt SCSCSHB78(FIN)amS(efdfldS). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. 1995-05-10 House Journal Page 2104 HB 78 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: Representative Hanley, Chair Representative Toohey Representative B.Davis HB 233 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2082) on the following at this time: CS FOR HOUSE BILL NO. 233(FIN) am "An Act extending the termination date of the Board of Clinical Social Work Examiners, Board of Marine Pilots, Board of Marital and Family Therapy, State Medical Board, Board of Nursing, Board of Psychologist and Psychological Associate Examiners, Real Estate Commission, Special Education Service Agency, Correctional Industries Commission, and Hazardous Substance Spill Technology Review Council; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 233(FIN) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB233(FIN)am, thus adopting SCSCSHB 233(FIN) amS, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB233(FIN)am?" The roll was taken with the following result: SCS CSHB 233(FIN) am S Concur YEAS: 0 NAYS: 37 EXCUSED: 0 ABSENT: 3 1995-05-10 House Journal Page 2105 HB 233 Nays: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Brice, MacLean, Moses And so, the House failed to concur in the Senate amendment, thus failing to adopt SCSCSHB233(FIN)amS. 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: Representative Kott, Chair Representative Martin Representative Davies The Speaker granted limited powers of free conference. The specific points are forthcoming. HB 298 Representative Brice moved and asked unanimous consent that the following be removed from the Finance Committee and brought to the floor for consideration: HOUSE BILL NO. 298 "An Act making appropriations for the monetary terms of the collective bargaining agreement with the Alaska Public Employees Association, Supervisory Unit; and providing for an effective date." Objection was heard. Representative Brice moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 1995-05-10 House Journal Page 2106 HB 299 Representative Brice moved and asked unanimous consent that the following be removed from the Finance Committee and brought to the floor for consideration: HOUSE BILL NO. 299 "An Act making appropriations for the monetary terms of the collective bargaining agreement with the Inlandboatmen's Union of the Pacific; and providing for an effective date." Objection was heard. Representative Brice moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 300 Representative Brice moved and asked unanimous consent that the following be removed from the Finance Committee and brought to the floor for consideration: HOUSE BILL NO. 300 "An Act making appropriations for the monetary terms of the collective bargaining agreement with Public Employees Local 71, Labor, Trades and Crafts Unit; and providing for an effective date." Objection was heard. Representative Brice moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. RECONSIDERATION SB 92 Representative Finkelstein brought up reconsideration of the vote on HCSSB92(FIN) (page 2059). The following was again before the House in third reading: 1995-05-10 House Journal Page 2107 SB 92 HOUSE CS FOR SENATE BILL NO. 92(FIN) "An Act redefining the activities of the Alaska Housing Finance Corporation that are subject to the Executive Budget Act." Representative Mackie moved and asked unanimous consent that the reconsideration of HCSSB92(FIN) be held for the May 11, 1995, calendar. There being no objection, it was so ordered. UNFINISHED BUSINESS SB 58 The Speaker waived the Labor & Commerce Committee referral of the following at the request of Representative Kott, Chair: SENATE BILL NO. 58 am "An Act restricting the use of the title `industrial hygienist' and related titles and initials." SB 58 am was removed from the Labor & Commerce Committee and sent to the Rules Committee for placement on the calendar. SJR 19 Representative Ogan added his name as cross-sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 19(RES) Requesting the Congress to amend the Alaska National Interest Lands Conservation Act to clarify that the term "public lands" means only federal land and water and that any extension of federal jurisdiction onto adjacent land and water is expressly prohibited. SB 21 Representative Ogan added his name as cross-sponsor to: CS FOR SENATE BILL NO. 21(RES) "An Act relating to penalties for violations of commercial fishing laws." 1995-05-10 House Journal Page 2108 SB 3 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 3 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." ENGROSSMENT SB 87 HCS CSSB 87(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 39 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 9:30 a.m., May 10, 1995: HOUSE JOINT RESOLUTION NO. 39 Relating to the Northern Sea Route. HJR 41 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 9:30 a.m., May 10, 1995: 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. 1995-05-10 House Journal Page 2109 HB 169 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 9:30 a.m., May 10, 1995: 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." HB 225 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 9:30 a.m., May 10, 1995: CS FOR HOUSE BILL NO. 225(RES) "An Act authorizing the commissioner of fish and game to issue permits to possess, import, or export elephants; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber after adj., 5/10 Minority Caucus after adj., 5/10 The following meeting today has been changed as indicated: Conference Committee on C. 106 9:00 am, 5/10 HCS CSSB 123(FIN) am H and CSSB 123(FIN) TIME CHANGED to a call of the Chair 1995-05-10 House Journal Page 2110 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 7:00 p.m., May 11, 1995. There being no objection, the House adjourned at 3:27 p.m. Suzi Lowell Chief Clerk