Legislature(1995 - 1996)
1995-05-12 House Journal
Full Journal pdf1995-05-12 House Journal Page 2135 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday May 12, 1995 One Hundred Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 12:23 p.m. Roll call showed 35 members present. Representatives Finkelstein, Grussendorf, Hanley, Kubina and MacLean were absent. The invocation was offered by the Chaplain, Pastor Jimmie Stringer of the First Baptist Church of Juneau. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Holy Father, thank You for today. Thank You for the events and circumstances of our past that have brought us to where we are today. Lead us into the future. You are the only one who knows the future. Guide our steps, guard our hearts, and give us wisdom to make appropriate decisions. Thank You for all You've done in the past. Please give Alaska a peaceful, quiet, Godly, and honest future. In Jesus' name, Amen" The Pledge of Allegiance was led by Representative Williams. 1 1995-05-12 House Journal Page 2136 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 164 A message dated May 12, 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: HOUSE BILL NO. 164 "An Act establishing Pearl Harbor Remembrance Day." Chapter No. 28, SLA 1995 Effective date: August 10, 1995 MESSAGES FROM THE SENATE HCR 20 A message dated May 11, 1995, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 20 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 53, relating to insurance. HCR 20 was referred to the Chief Clerk for enrollment. HB 65 A message dated May 11, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 65(HES) am "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." CSHB 65(HES) am was referred to the Chief Clerk for enrollment. 1995-05-12 House Journal Page 2137 HB 315 A message dated May 11, 1995, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 315(FIN) "An Act relating to the Alaska Science and Technology Foundation and to the financing of technological developments by public corporations of the state; relating to the financing of the Kodiak launch complex, the Fairbanks satellite ground station space park, and a low-rank coal water fuel technology project; and relating to a feasibility study to be conducted concerning the establishment of a Challenger Learning Center for the study of science and technology." CSHB 315(FIN) was referred to the Chief Clerk for enrollment. HB 78 A message dated May 11, 1995, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: 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 1995-05-12 House Journal Page 2138 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." The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 2130. SB 46 A message dated May 11, 1995, was read stating the Senate has concurred in the House amendment to CSSB 46(RLS), thus adopting: CS FOR SENATE BILL NO. 46(RLS) am H "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court; amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses relating to possession, control, or consumption of alcoholic beverages by a person under 21 years of age and possession of tobacco by a person under 19 years of age; allowing a person under age 21 to be arrested by a peace officer without a warrant for acts relating to illegal possession, consumption, or control of alcohol; and amending the penalty applicable to persons under 21 years of age who possess, control, or consume alcoholic beverages." SB 53 A message dated May 11, 1995, was read stating the Senate has concurred in the House amendment to: 1995-05-12 House Journal Page 2139 SB 53 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." thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 53(L&C) am H "An Act relating to insurance; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." New title authorized by HCR 20. 1995-05-12 House Journal Page 2140 HB 197 A message dated May 11, 1995, was read stating the Senate has passed CSHB 197(RES) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 197(FIN) am S "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." CSHB 197(RES) is under Unfinished Business. **The presence of Representative MacLean was noted. SB 123 A message dated May 11, 1995, was read stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSSB 123(FIN) am H and CSSB 123(FIN), thus adopting: CONFERENCE CS FOR SENATE BILL NO. 123 "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." The Senate also adopted the Conference Committee Letter of Intent (page 1744 of the Senate Journal). REPORTS OF SPECIAL COMMITTEES HB 9 The Conference Committee with limited powers of free conference considering CSHB 9(FIN) and SCS CSHB 9(FIN) am S recommends the following be adopted with a title change pending authorization of a concurrent resolution: 1995-05-12 House Journal Page 2141 HB 9 CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." The following fiscal notes apply: Fiscal note, Dept. of Law, 1/30/95 Fiscal notes (2), Dept. of Health & Social Services, 1/30/95 Fiscal notes (2), Dept. of Administration, 1/30/95 Fiscal note, Dept. of Administration, 2/13/95 Senate fiscal note, Alaska Court System, 4/11/95 The report was signed by Representatives Therriault (Chair), Parnell and Robinson; and, Senators Taylor (Chair), Sharp and Salo. The report was received in the Chief Clerk's Office at 11:00 a.m., May 12, 1995, and is under Unfinished Business. SB 123 The Conference Committee with limited powers of free conference considering CSSB 123(FIN) and CSSB 123(FIN) am H recommends the following be adopted with a Conference Committee letter of intent: CONFERENCE CS FOR SENATE BILL NO. 123 "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." The following fiscal notes apply: Senate zero fiscal notes (2), Dept. of Education, 3/21/95 The report was signed by Representatives Bunde (Chair), Vezey and Brown; and, Senators Green (Chair), Phillips and Ellis. 1995-05-12 House Journal Page 2142 SB 123 The following Conference Committee letter of intent was attached: "It is the intent of the Legislature that the Commission on Postsecondary Education enforce AS 14.43.120(d)(4) to reduce delinquency rates on state scholarship loans." The Senate has adopted CCS SB 123 (page 1745). The report was received at 9:55 p.m., May 11, 1995, and it is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Isaac David Moore By Representatives Ogan, Kohring; Senators Green, Halford Honoring - Margaret Ruth Ashe Davidson By Senator Zharoff INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 21 HOUSE CONCURRENT RESOLUTION NO. 21 by Representative Therriault: Suspending Uniform Rule 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to recovery of damages from persons having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor. HCR 21 is on today's calendar. 1995-05-12 House Journal Page 2143 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 25 The following was read the second time: SENATE BILL NO. 25 "An Act repealing vegetable dealer licensing and regulation." with the: Journal Page L&C RPT 5DP 2NR 1688 SENATE FISCAL NOTE (DNR) 4/12/95 1688 Representative Vezey moved and asked unanimous consent that SB25 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 25 was read the third time. **The presence of Representatives Grussendorf, Kubina and Finkelstein was noted. The question being: "Shall SB 25 pass the House?" The roll was taken with the following result: SB 25 Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Ivan, Kelly, Kohring, Kott, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Davies, Green, Grussendorf, James, Kubina, Mackie, Masek, Ogan, Willis 1995-05-12 House Journal Page 2144 SB 25 Absent: Hanley And so, SB 25 passed the House. Representative Willis gave notice of reconsideration of his vote on SB 25. SB 58 Representative Vezey moved and asked unanimous consent that Rule 24(b) of the Uniform Rules be suspended for the following: SENATE BILL NO. 58 am "An Act restricting the use of the title `industrial hygienist' and related titles and initials." Representative Navarre objected. The question being: "Shall Rule 24(b) of the Uniform Rules be suspended?" The roll was taken with the following result: SB 58 am Suspend Rule 24(b) YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Navarre Absent: Hanley, Nicholia And so, the motion passed. SB 58 am was read the second time: 1995-05-12 House Journal Page 2145 SB 58 with the: Journal Page HES RPT 2DNP 3NR 1811 SENATE ZERO FN (LABOR) 2/15/95 1811 L&C REFERRAL WAIVED 2107 Representative Vezey moved and asked unanimous consent that SB58am be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that SB 58 am would be in third reading on the May 13, 1995, calendar. THIRD READING OF SENATE BILLS SB 122 The following, which had been advanced to third reading from the May 11, 1995, calendar (page 2125), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) "An Act excluding certain direct sellers of consumer products from coverage under the state unemployment compensation laws." The question being: "Shall HCSCSSB122(STA) pass the House?" The roll was taken with the following result: HCS CSSB 122(STA) Third Reading Final Passage YEAS: 21 NAYS: 16 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Moses, Ogan, Parnell, Phillips, Sanders, Therriault, Vezey, Williams 1995-05-12 House Journal Page 2146 SB 122 Nays: Austerman, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, MacLean, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Toohey, Willis Absent: Hanley, Kubina, Porter And so, HCSCSSB122(STA) passed the House. Representative Brice gave notice of reconsideration of his vote on HCS CSSB 122(STA). SENATE BILLS IN THIRD READING SB 16 The following, which had been held on reconsideration until today's calendar (page 2128), was again before the House in third reading: 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 question to be reconsidered: "Shall HCSCSSB16(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 16(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 9 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Brice, Bunde, Davies, B.Davis, Elton, Foster, Green, Ivan, James, Kelly, Kohring, Mackie, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, G.Davis, Finkelstein, Grussendorf, Kott, Masek, Navarre, Phillips, Willis 1995-05-12 House Journal Page 2147 SB 16 Absent: Barnes, Hanley, Kubina, MacLean And so, HCS CSSB 16(FIN) passed the House and was referred to the Chief Clerk for engrossment. SB 172 The following, which had been held on reconsideration until today's calendar (page 2128), was again before the House in third reading: 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." Representative Vezey placed a call of the House. **The presence of Representative Hanley was noted. The call was satisfied. The question to be reconsidered: "Shall SB172(efd am H) pass the House?" The roll was taken with the following result: SB 172(efd am H)--RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, 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, Elton, 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. 1995-05-12 House Journal Page 2148 SB 172 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SB 172(efd am H)--RECONSIDERATION Third Reading Effective Date YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Sanders, Williams, Willis Nays: Austerman, Barnes, Green, Hanley, James, Kelly, Kohring, MacLean, Martin, Ogan, Parnell, Rokeberg, Therriault, Toohey, Vezey Mackie changed from "Nay" to "Yea". Masek changed from "Nay" to "Yea". Robinson changed from "Nay" to "Yea". And so, lacking the necessary 27 votes, the effective date clause was not adopted and the new title appears below: SENATE BILL NO. 172(efd fld H) An Act eliminating `monte carlo' nights as an authorized form of charitable gaming." Representative Kubina moved and asked unanimous consent that the House rescind previous action in failing to adopt the effective date clause. Representative Kubina placed a call of the House. Representative Martin objected. The call was satisfied. The question being: "Shall the House rescind previous action in failing to adopt the effective date clause?" The roll was taken with the following result: 1995-05-12 House Journal Page 2149 SB 172 SB 172(efd fld H)--RECONSIDERATION Rescind previous action/effective date YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Toohey, Vezey, Williams, Willis Nays: Barnes, Green, James, Kelly, Kohring, Martin, Masek, Ogan, Parnell, Rokeberg, Sanders, Therriault And so, the motion passed. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: SB 172(efd am H)--RECONSIDERATION Third Reading Effective Date YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, Kott, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Toohey, Vezey, Williams, Willis Nays: Barnes, Green, James, Kelly, Kohring, Martin, Masek, Ogan, Parnell, Rokeberg, Sanders, Therriault And so, the effective date clause was adopted. SB 172(efd am H) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 21 The following was read the second time: 1995-05-12 House Journal Page 2150 HCR 21 HOUSE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rule 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to recovery of damages from persons having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor. The following fiscal note applies: Zero fiscal note, House Rules Committee, 5/12/95 The question being: "Shall HCR21 pass the House?" The roll was taken with the following result: HCR 21 Second Reading Final Passage YEAS: 38 NAYS: 1 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, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: MacLean Absent: Martin And so, HCR 21 passed the House. Representative Therriault later gave notice of reconsideration of his vote on HCR 21 and the reconsideration was taken up then. SECOND READING OF SENATE RESOLUTIONS SJR 18 The Speaker stated that the following would be held over to the May 13, 1995, calendar: 1995-05-12 House Journal Page 2151 SJR 18 CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 18(STA) Relating to establishment of an Arctic council. SENATE RESOLUTIONS IN THIRD READING SJR 19 The following, which had been held on reconsideration until today's calendar (page 2129), was again before the House in third reading: 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 Vezey placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSSJR19(RES) pass the House?" The roll was taken with the following result: CSSJR 19(RES)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 14 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, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Ivan, Kubina, Mackie, MacLean, Moses, Nicholia, Williams 1995-05-12 House Journal Page 2152 SJR 19 And so, CSSJR 19(RES) 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: Commemorating - Alaska Tourism Week By Representatives Robinson, Elton, Phillips, Austerman, Brice, Brown, Davies, B.Davis, Green, Grussendorf, James, Kott, Mackie, Masek, Mulder, Navarre, Nicholia, Parnell, Porter, Sanders, Toohey, Vezey, Willis; Senator Duncan Honoring - Centenarian Mae Nock By Representatives Toohey, Phillips, Brice, B.Davis, Elton, James, Kott, Mackie, Martin, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Willis Honoring - Janet Smalley, M.D. By Representatives Ogan, Kohring, Masek, B.Davis, Elton, James, Kott, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Toohey, Willis; Senator Green Honoring - Christine Jackson, Lisa Thompson, Girl Scout Gold Award By Representatives Elton, Robinson, Phillips, Brice, Bunde, Davies, B.Davis, Elton, Green, Grussendorf, Hanley, James, Kott, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Duncan Honoring - Todd Palin and Dwayne Drake, 1995 Iron Dog Gold Rush Classic Winners By Representatives Kohring, Ogan, Masek, Phillips, Davies, B.Davis, G.Davis, Elton, Ivan, James, Kott, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis; Senators Halford, Green 1995-05-12 House Journal Page 2153 Honoring - Tom and Sharon Snelling for their Commitment to Public Safety By Representatives Mulder, Kott, Phillips, B.Davis, Elton, Hanley, Ivan, James, Kott, Mackie, Navarre, Nicholia, Parnell, Porter, Rokeberg, Sanders, Vezey, Willis; Senator Kelly Honoring - The Alaska Children's Choir By Representatives B.Davis, Brice, Brown, Bunde, Davies, Elton, Green, James, Kott, Mackie, Martin, Navarre, Nicholia, Parnell, Porter, Robinson, Sanders, Toohey, Vezey, Willis Honoring - North Star Volunteer Fire Department By Representatives Vezey, Phillips, Brice, Davies, B.Davis, Elton, Green, Ivan, James, Kott, Kelly, Mackie, Masek, Navarre, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis Honoring - Hayden Bryan By Senator Kelly; Representatives Mulder, Phillips, B.Davis, Elton, Ivan, James, Kott, Mackie, Nicholia, Porter, Rokeberg, Sanders, Willis Honoring - Don Fix By Senator Kelly; Representatives Mulder, Phillips, B.Davis, Elton, Ivan, James, Kott, Mackie, Nicholia, Porter, Rokeberg, Sanders, Willis Honoring - Steve Hyjek By Senator Kelly; Representatives Mulder, Phillips, B.Davis, Elton, Ivan, James, Kott, Mackie, Nicholia, Porter, Rokeberg, Sanders, Willis Honoring - Eileen Plate By Senator Duncan; Representatives Elton, Robinson, Brice, Brown, Davies, B.Davis, Mackie, Navarre, Nicholia, Sanders, Willis Honoring - John Scruggs By Senator Kelly; Representatives Mulder, Phillips, B.Davis, Elton, James, Kott, Mackie, Nicholia, Porter, Rokeberg, Sanders, Willis Honoring - Maggie Carey, Bean's Cafe By Senator Ellis; Representatives Phillips, Brown, B.Davis, Elton, Hanley, Ivan, James, Kott, Mackie, Martin, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Willis 1995-05-12 House Journal Page 2154 Honoring - Cordova Fire Department By Senator Lincoln; Representatives Kubina, Phillips, B.Davis, Elton, James, Kott, Mackie, Navarre, Nicholia, Parnell, Robinson, Sanders, Toohey, Willis Recognizing - The Alaska Zoo's World Famous Polar Bear, Binky By Representatives Rokeberg, Willis, B.Davis, G.Davis, Grussendorf, Ivan, James, Kott, Kohring, Mackie, Mulder, Navarre, Nicholia, Ogan, Porter, Robinson, Sanders, Vezey, Willis In Memoriam - Edward J. Krize By Representatives Vezey, Phillips, B.Davis, Elton, Foster, Ivan, James, Kott, Kelly, Mackie, Rokeberg, Sanders, Therriault, Toohey, Willis In Memoriam - Kay Frank By Representatives Phillips, Barnes, B.Davis, Elton, Foster, Ivan, James, Kott, Mackie, Mulder, Navarre, Nicholia, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis In Memoriam - Arthur M. "Art" Sanford By Representatives Elton, Robinson, Phillips, B.Davis, Foster, James, Kott, Mackie, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Duncan ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 5/12 Representative Vezey moved and asked unanimous consent that the House recess until 3:00 p.m. There being no objection, the House recessed at 2:01 p.m. AFTER RECESS The House was called back to order at 3:19 p.m. 1995-05-12 House Journal Page 2155 RECONSIDERATION HCR 21 Representative Therriault gave notice of reconsideration of his vote on HCR 21. Representative Therriault moved and asked unanimous consent that the reconsideration of HCR 21 be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in second reading: HOUSE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rule 42(e) of the Alaska State Legislature concerning House Bill No. 9, relating to recovery of damages from persons having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor. The question to be reconsidered: "Shall HCR 21 pass the House?" The roll was taken with the following result: HCR 21--RECONSIDERATION Second Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: MacLean Absent: Brice, Masek And so, HCR 21 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 1995-05-12 House Journal Page 2156 UNFINISHED BUSINESS SB 123 Representative Vezey moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 2139), at this time: CS FOR SENATE BILL NO. 123(FIN) am H "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) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS SB 123 and recommended that the members vote yes. Objection was heard. Representative Toohey placed a call of the House and lifted the call. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS SB 123 Adopt YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 Yeas: Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, MacLean, Martin, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey 1995-05-12 House Journal Page 2157 SB 123 Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Robinson, Williams, Willis Absent: Masek And so, the House failed to adopt the Conference Committee with limited powers of free conference report, thus failing to adopt: CONFERENCE CS FOR SENATE BILL NO. 123 "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." The Speaker appointed the following members to a Free Conference Committee to meet with a like committee from the Senate: Representative Toohey, Chair Representative Kott Representative Elton The Chief Clerk was instructed to so notify the Senate. The Senate has adopted the Conference Committee with limited powers of free conference report (page 1745 of the Senate Journal). HB 197 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2140) on the following at this time: CS FOR HOUSE BILL NO. 197(RES) "An Act providing for exploration incentive credits for activities involving locatable and leasable mineral and coal deposits on certain land in the state; and providing for an effective date." and 1995-05-12 House Journal Page 2158 HB 197 SENATE CS FOR CS FOR HOUSE BILL NO. 197(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 CSHB 197(RES), thus adopting SCS CSHB 197(FIN) am S, and recommended that the members vote yes. 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 the House concur in the Senate amendment to CSHB 197(RES)?" The roll was taken with the following result: SCS CSHB 197(FIN) am S Concur YEAS: 30 NAYS: 3 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Mulder, Navarre, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Bunde, Elton, MacLean Absent: Barnes, Finkelstein, Kubina, Masek, Moses, Nicholia, Parnell And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 197(FIN) am S. 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 197(FIN) am S was referred to the Chief Clerk for enrollment. 1995-05-12 House Journal Page 2159 HB 9 Representative Vezey moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 2139), at this time: CS FOR HOUSE BILL NO. 9(FIN) "An Act relating to recovery of damages from a person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." and SENATE CS FOR CS FOR HOUSE BILL NO. 9(FIN) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House adopt the Conference Committee report with limited powers of free conference, thus adopting CCS HB 9, and recommended that the members vote yes. Representative Toohey placed a call of the House. The call was satisfied. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 9 Adopt YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1995-05-12 House Journal Page 2160 HB 9 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, MacLean, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting the following with a title change authorized by HCR 21: CONFERENCE CS FOR HOUSE BILL NO. 9 "An Act relating to recovery of damages from a parent, legal guardian, or person having legal custody of a minor when property is destroyed by the minor, and to recovery from a minor's permanent fund dividend for injury or damage caused by the minor." The Chief Clerk was instructed to so notify the Senate. SB 123 Representative Bunde gave notice of reconsideration of his vote on the following (page 2156): CONFERENCE CS FOR SENATE BILL NO. 123 "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." Representative Bunde withdrew his reconsideration notice. HB 44 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2081) on the following at this time: 1995-05-12 House Journal Page 2161 HB 44 CS FOR HOUSE BILL NO. 44(FIN) am "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." and SENATE CS FOR CS FOR HOUSE BILL NO. 44(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 44(FIN) am, thus adopting SCS CSHB 44(FIN), and recommended that the members vote yes. Representative Martin rose to a point of order regarding a member speaking for another member of the body. The Speaker stated the point was well taken. Representative Vezey placed a call of the House. The call was satisfied. The question being: "Shall the House concur in the Senate amendment to CSHB 44(FIN) am?" The roll was taken with the following result: SCS CSHB 44(FIN) Concur YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 1995-05-12 House Journal Page 2162 HB 44 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Robinson, Williams, Willis And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 44(FIN). Representative Kubina gave notice of reconsideration of his vote on concurrence with SCS CSHB 44(FIN). Representative Barnes rose to a point of order stating that the reconsideration notice was out of order. The Speaker ruled that reconsideration of a concurrence is not in order. 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: SCS CSHB 44(FIN) Effective Date YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Hanley, MacLean, Martin, Masek, Moses, Navarre And so, the effective date clause was adopted. The Chief Clerk was instructed to so notify the Senate. 1995-05-12 House Journal Page 2163 HB 44 SCS CSHB 44(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HB 44 Representative Ogan added his name as cosponsor to: 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." ANNOUNCEMENTS Majority Caucus Speaker's Chamber 8:00 p.m., 5/12 Minority Caucus 8:05 p.m., 5/12 Representative Vezey moved and asked unanimous consent that the House recess to a technical session immediately after the Majority and Minority Caucuses. There being no objection, the House recessed at 5:40 p.m. AFTER RECESS The Speaker called the House back to order at 8:32 p.m. Representatives Phillips and Vezey were present. 1995-05-12 House Journal Page 2164 ENGROSSMENT HCR 21 HCR 21 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 172 SB 172(efd am H) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 5:00 p.m., May 13, 1995. There being no objection, the House adjourned at 8:33 p.m. Suzi Lowell Chief Clerk