Legislature(1995 - 1996)

1995-05-13 House Journal

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1995-05-13                     House Journal                      Page 2167
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                      Saturday              May 13, 1995         
                                                                               
                                                                               
                          One Hundred Eighteenth Day                         
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 6:29 p.m.                                                          
                                                                               
                                                                               
Roll call showed 29 members present.  Representative B.Davis had               
been previously excused from a call of the House.  Representatives             
Barnes, Grussendorf, Hanley, Kott, Kubina, MacLean, Martin, Ogan,              
Parnell and Williams were absent.                                              
                                                                               
                                                                               
The invocation was offered by the Chaplain Designee, Representative            
James.  Representative Green moved and asked unanimous consent that            
the invocation be spread on the journal.  There being no objection, it         
appears below:                                                                 
                                                                               
"Our gracious Father we thank You for this day and for the                    
opportunity You have given us as legislators to serve You in                   
this important way.  We ask for Your holy grace and guidance                   
in what we do here today, and as that old familiar prayer                      
goes...we ask for the serenity to accept those things we cannot                
change, for the courage to change the things we can, and most                  
important, Dear God, provide us with the wisdom to know and                    
understand the difference.  Bless what we do here today, Lord,                 
in Jesus' name we pray.  Amen."                                                
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Davies.                     
                                                                               
                                                                               
                                       1                                       

1995-05-13                     House Journal                      Page 2168
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 117th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 17                                                                       
A message dated May 12, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 17                                            
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the                   
Alaska State Legislature concerning Senate Bill No. 92, relating to            
exemption of certain activities of the Alaska Housing Finance                  
Corporation from the provisions of the Executive Budget Act.                   
                                                                               
HCR 17 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
HJR 44                                                                       
A message dated May 12, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 44                                                 
Proposing postage stamps honoring wild Alaska salmon and                      
centuries of continued use of wild Alaska salmon for subsistence,              
sport, and commercial fish harvesters.                                         
                                                                               
HJR 44 was referred to the Chief Clerk for enrollment.                         
                                                                               
HB 107                                                                       
A message dated May 12, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 107(FSH)                                                
"An Act relating to restrictions attached to certain commercial               
fisheries limited entry permits."                                              
                                                                               
CSHB 107(FSH) was referred to the Chief Clerk for enrollment.                  

1995-05-13                     House Journal                      Page 2169
HB 182                                                                       
A message dated May 12, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 182(HES)                                                
"An Act allowing a dentist to delegate certain duties to a dental             
assistant."                                                                    
                                                                               
CSHB 182(HES) was referred to the Chief Clerk for enrollment.                  
                                                                               
                                                                               
**The presence of Representative Williams was noted.                           
                                                                               
HB 159                                                                       
A message dated May 12, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 159(JUD)                                                
"An Act allowing a person under age 21 to be arrested by a peace              
officer without a warrant for illegal possession, consumption, or              
control of alcohol; relating to the offenses of driving while                  
intoxicated and failure to submit to a chemical test of breath or              
blood; and providing for an effective date."                                   
                                                                               
with the following amendment and it is transmitted for consideration:          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)(efd fld                          
S)                                                                             
"An Act allowing a person under age 21 to be arrested by a peace              
officer without a warrant for illegal possession, consumption, or              
control of alcohol; relating to the offenses of driving while                  
intoxicated and failure to submit to a chemical test of breath or              
blood."                                                                        
                                                                               
CSHB 159(JUD) is under Unfinished Business.                                    
                                                                               
SB 1                                                                         
A message dated May 12, 1995, was read stating the Senate has                  
concurred in the House amendment to SB1, thus adopting:                        
                                                                               
HOUSE CS FOR SENATE BILL NO. 1(FIN)                                           
"An Act relating to state implementation of federal statutes."                

1995-05-13                     House Journal                      Page 2170
SB 92                                                                        
A message dated May 12, 1995, was read stating the Senate has                  
concurred in the House amendment to:                                           
                                                                               
SENATE BILL NO. 92                                                            
"An Act requiring that, in addition to its operating budget, all              
activities of the Alaska Housing Finance Corporation are subject               
to the Executive Budget Act."                                                  
                                                                               
thus adopting:                                                                 
                                                                               
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."                     
                                                                               
New title authorized by HCR 17.                                                
                                                                               
**The presence of Representative Ogan was noted.                               
                                                                               
SB 172                                                                       
A message dated May 12, 1995, was read stating the Senate has                  
concurred in the House amendment to:                                           
                                                                               
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."                       
                                                                               
thus adopting:                                                                 
                                                                               
SENATE BILL NO. 172(efd fld S)                                                
"An Act eliminating 'monte carlo' nights as an authorized form of             
charitable gaming."                                                            
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
SB 123                                                                       
The Clerk was instructed to read the following:                                
                                                                               
The Senate President will not appoint a second Conference Committee            
on the following:                                                              
                                                                               

1995-05-13                     House Journal                      Page 2171
SB 123                                                                       
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."                                                                         
                                                                               
Therefore, the only action available to the House would be to rescind          
their action in failing to adopt CCS SB 123.                                   
                                                                               
The Speaker had previously appointed the following to a Free                   
Conference Committee (page 2157):                                              
                                                                               
Representative Toohey, Chair                                                   
Representative Kott                                                            
Representative Elton                                                           
                                                                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Dept. of Commerce & Economic Development                                       
Division of Banking, Securities and Corporations                               
Alaska Commercial Fishing and Agriculture Bank                                 
Annual Examination and Evaluation                                              
(as required by AS 44.81.270(c))                                               
                                                                               
                                                                               
Legislative Budget and Audit Committee                                         
Division of Legislative Audit                                                  
Audit of General Purpose Financial Statements                                  
May 8, 1995                                                                    
(as required by AS 24.20.311)                                                  
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 100                                                                       
The Conference Committee with limited powers of free conference                
considering CSHB100(FIN) and SCSCSHB100(FIN)am S(efd/brf                       
super maj fld S) recommends the following be adopted:                          
                                                                               

1995-05-13                     House Journal                      Page 2172
HB 100                                                                       
CONFERENCE CS FOR HOUSE BILL NO. 100                                          
"An Act making appropriations for the operating and loan program              
expenses of state government, for certain programs, and to                     
capitalize funds; making appropriations under art. IX, sec. 17(c),             
Constitution of the State of Alaska, from the constitutional budget            
reserve fund; and providing for an effective date."                            
                                                                               
The report was signed by Representatives Hanley (Chair), Foster and            
Grussendorf; and, Senators Frank (Chair), Halford and Zharoff.                 
                                                                               
The report was received in the Chief Clerk's Office at 5:25 p.m., May          
13, 1995, and is under Unfinished Business.                                    
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - The Alaska Gold Kings 1995 U.S. Elite National Hockey               
Champions                                                                      
By Representative Davies                                                       
                                                                               
Honoring - Bjorg Torsteinsrud, 1995 NCAA National Bronze Medal                 
Winner                                                                         
By Representative Davies                                                       
                                                                               
Honoring - Liam Forbes, Marcus Martin, and Michael Schmahl, 1995               
Society for Industrial and Applied Mathematics, Outstanding                    
Meritorious Team                                                               
By Representative Davies                                                       
                                                                               
Honoring - Alaska Laundry 100th Anniversary                                    
By Representatives Robinson, Elton; Senator Duncan                             
                                                                               
Honoring - KINY Radio on its 60th Anniversary                                  
By Senator Duncan; Representatives Robinson, Elton                             
                                                                               
Honoring - Gretchen Saupe                                                      
By Senator Zharoff; Representative Austerman                                   
                                                                               

1995-05-13                     House Journal                      Page 2173
Honoring - The Valedictorian of the Homer High School Class of                 
1995, Daniel Boone                                                             
By Senator Torgerson                                                           
                                                                               
Honoring - The Valedictorian of the Nikolaevsk High School Class of            
1995, Hionia Kojin                                                             
By Senator Torgerson                                                           
                                                                               
Honoring - The Valedictorian of the Seward High School Class of                
1995, Charles J. Boerger                                                       
By Senator Torgerson                                                           
                                                                               
Honoring - The Valedictorian of the Ninilchik High School Class of             
1995, Ivan Z. Encelewski                                                       
By Senator Torgerson                                                           
                                                                               
Honoring - The Valedictorian of the Susan B. English School Class of           
1995, Bret Higman                                                              
By Senator Torgerson                                                           
                                                                               
and                                                                            
                                                                               
Honoring - Patrick M. O'Connell, Educator, Commercial Fisherman                
and Public Servant                                                             
By Representatives Navarre, Phillips, G.Davis, Barnes, Vezey, Martin;          
Senators Salo, Torgerson, Phillips, Halford, Kelly                             
                                                                               
which was taken up later as a Special Order.                                   
                                                                               
**The presence of Representatives Grussendorf and Kott was noted.              
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 348                                                                       
HOUSE BILL NO. 348 by Representative James and Therriault,                     
entitled:                                                                      
                                                                               
"An Act requiring that all official interviews with children who are          
alleged to have been abused or neglected be videotaped or                      
audiotaped.                                                                    

1995-05-13                     House Journal                      Page 2174
HB 348                                                                       
was read the first time and referred to the State Affairs, Health,             
Education & Social Services, Judiciary and Finance Committees.                 
                                                                               
**The presence of Representative Parnell was noted.                            
                                                                               
HB 349                                                                       
HOUSE BILL NO. 349 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to elections; relating to the division of elections;         
relating to voter registration procedures; and providing for an                
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Office of the Governor, 5/13/95                              
                                                                               
The Governor's transmittal letter, dated May 12, 1995, appears below:          
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that implements most of the proposals contained in         
my Administration's Election Policy Transition Team Report that                
require changes to existing law.  In addition, the bill makes some             
changes to state law that are required by federal statutes and makes a         
number of "housekeeping" amendments that the division of elections             
has recommended.                                                               
                                                                               
It is apparent that the state needs to adjust elections policies and           
procedures in an effort to boost public confidence that Alaska elections       
are conducted fairly and efficiently.  One of Lieutenant Governor              
Ulmer's first acts was to appoint a panel of respected Alaskans (the           
Election Policy Transition Team), most of whom have expertise in the           
area of elections, to look into state elections policies and to make           
recommendations for change.  In deciding whether a change is                   
warranted, the transition team was requested to ask the following              
questions about the change:                                                    

1995-05-13                     House Journal                      Page 2175
HB 349                                                                       
	-	Does it increase public trust?                                              
                                                                               
	-	Does it provide better service to the public?                               
                                                                               
	-	Does it encourage participation in the electoral process?                   
                                                                               
	-	Does it reduce state spending?                                              
                                                                               
On March20, 1995, the lieutenant governor released the report of the           
panel to the public.  The report is a thorough and thoughtful document,        
and contains many excellent suggestions for improving elections                
policy.  Several important recommendations were included in SB 5,              
which recently passed the legislature.  I am pleased to be able to             
transmit this bill, which implements the rest of those suggestions.            
                                                                               
Section 13 of the bill simplifies the process of absentee voting by            
personal representative for a voter with a disability, a process that is       
currently very burdensome for both the voter and the personal                  
representative and that discourages this sort of absentee voting.  A           
personal representative now must make several trips between the voter          
and election officials in order for a voter with a disability to use this      
method of voting.  Section13 would streamline the procedure,                   
allowing the personal representative to accomplish in a single round           
trip all of the steps necessary to allow a voter with a disability to vote.    
                                                                               
In addition, sec. 13 of the bill makes several changes required by             
federal law.  It removes the current prohibition on a candidate acting         
as a personal representative, and it adds a provision prohibiting a            
voter's employer, an agent of the employer, or an officer or agent of          
the voter's union, from acting as the voter's personal representative.         
It also removes the current requirement that a voter's ballot application      
under this section be accompanied by a letter or statement regarding           
the voter's disability from a physician or from two qualified voters.          
Instead, the voter's personal representative will supply a statement           
regarding the voter's disability.                                              
                                                                               
Sections 30 and 31 of the bill double the fees that must be paid by            
candidates and parties filing material for inclusion in the official           
election pamphlet.  These fees have not been changed since 1980.               
Even with the doubled fees, the cost of producing the pamphlet will be         
approximately 10 times the amount collected in fees.                           

1995-05-13                     House Journal                      Page 2176
HB 349                                                                       
Section 32 repeals a provision (AS15.05.040), enacted in 1960 and not          
changed since, regarding voter disqualification for unsound mind.  That        
provision is inconsistent with the federal Americans with Disabilities         
Act and with state statutes on guardianship.                                   
                                                                               
Section 33 of the bill authorizes a pilot program for voting by mail, in       
the 1996 primary and general elections, in small rural precincts (those        
with no more than 200 registered voters).  Under current law, the              
elections director may conduct an election by mail only if the election        
is held at a time other than when a primary, general, or municipal             
election is held.  Based on the experience of other states that have used      
mail balloting, the transition team believes that allowing voting by           
mail in rural precincts will increase turnout, save money, and eliminate       
operational problems.  Section 33 of the bill authorizes the director to       
conduct this voluntary pilot program in the 1996 primary and general           
elections in no more than 10 precincts, to test the application of this        
program in Alaska.                                                             
                                                                               
The remaining sections of the bill, except for the effective date section,     
were recommended by the division of elections either to conform the            
elections statutes to current practices or to enable the division to           
conduct elections more efficiently and effectively.                            
                                                                               
Representatives of my Administration will be available as the bill             
makes its way through the legislative process to explain what the              
provisions of this bill would accomplish, how they change existing             
law, and why the changes are necessary.                                        
                                                                               
I would appreciate your assistance in facilitating the consideration and       
passage of this bill.                                                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"                                                               
                                                                               
HB 350                                                                       
HOUSE BILL NO. 350 by Representative Brice, entitled:                          
                                                                               
"An Act relating to Statehood Act land selection conveyances to               
boroughs and unified municipalities."                                          

1995-05-13                     House Journal                      Page 2177
HB 350                                                                       
was read the first time and referred to the Community & Regional               
Affairs, Resources and Finance Committees.                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 58                                                                        
The following, which was advanced to third reading from the May 12,            
1995, calendar (page 2145), was read the third time:                           
                                                                               
SENATE BILL NO. 58 am                                                         
"An Act restricting the use of the title `industrial hygienist' and           
related titles and initials."                                                  
                                                                               
**The presence of Representative Martin was noted.                             
                                                                               
The question being:  "Shall SB 58 am pass the House?"  The roll was            
taken with the following result:                                               
                                                                               
SB 58 am                                                                       
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  4   EXCUSED:  1   ABSENT:  5                              
                                                                               
Yeas:  Austerman, Brice, Brown, Davies, G.Davis, Elton, Finkelstein,           
Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Martin,         
Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,              
Porter, Robinson, Rokeberg, Sanders, Therriault, Willis                        
                                                                               
Nays:  Mackie, Toohey, Vezey, Williams                                         
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Barnes, Bunde, Hanley, Kubina, MacLean                                
                                                                               
And so, SB 58 am passed the House.                                             
                                                                               

1995-05-13                     House Journal                      Page 2178
SB 58                                                                        
Representative Mackie later gave notice of reconsideration of his vote         
on SB 58 am and the reconsideration was taken up then.                         
                                                                               
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 18                                                                       
The Speaker stated that the following, which had been held over from           
the May 12, 1995, calendar (page 2150), would be held over to the              
May 14, 1995, calendar:                                                        
                                                                               
CS FOR SS FOR SENATE JOINT RESOLUTION NO. 18(STA)                             
Relating to establishment of an Arctic council.                               
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House approve the citations on the calendar.  There being no                   
objections, the following citations were approved and sent to enrolling:       
                                                                               
Honoring - Isaac David Moore                                                   
By Representatives Ogan, Kohring, B.Davis, Elton, Ivan, James, Kott,           
Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey,            
Vezey, Willis; Senators Green, Halford                                         
                                                                               
Honoring - Margaret Ruth Ashe Davidson                                         
By Senator Zharoff; Representatives B.Davis, Elton, Ivan, James, Kott,         
Kubina, Mackie, MacLean, Nicholia, Sanders, Willis                             
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following citation be taken up as a Special Order of Business at this          
time:                                                                          

1995-05-13                     House Journal                      Page 2179
Honoring - Patrick M. O'Connell, Educator, Commercial Fisherman                
and Public Servant                                                             
By Representatives Navarre, Phillips, Davies, Barnes, Vezey, Martin,           
Brice, Elton, Finkelstein, Ivan, James, Kott, Kubina, Mackie, Masek,           
Mulder, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Willis;          
Senators Salo, Phillips, Kelly, Torgerson, Halford                             
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House approve the citation.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The citation was sent to enrolling.                                            
                                                                               
**The presence of Representatives Kubina and Hanley was noted.                 
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
SB 58                                                                        
Representative Mackie gave notice of reconsideration of his vote on            
SB 58 am (page 2177).                                                          
                                                                               
Representative Mackie moved and asked unanimous consent that the               
reconsideration of SB 58 am be taken up on the same day.  There                
being no objection, it was so ordered.                                         
                                                                               
The following was again before the House in third reading:                     
                                                                               
SENATE BILL NO. 58 am                                                         
"An Act restricting the use of the title `industrial hygienist' and           
related titles and initials."                                                  
                                                                               
The question to be reconsidered:  "Shall SB 58 am pass the House?"             
The roll was taken with the following result:                                  
                                                                               
SB 58 am--RECONSIDERATION                                                      
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  5   EXCUSED:  1   ABSENT:  4                              

1995-05-13                     House Journal                      Page 2180
SB 58                                                                        
Yeas:  Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton,                
Finkelstein, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kott,            
Kubina, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell,               
Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Willis              
                                                                               
Nays:  Green, Mackie, Toohey, Vezey, Williams                                  
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Brice, Kohring, MacLean, Moses                                        
                                                                               
And so, SB 58 am passed the House on reconsideration, was signed by            
the Speaker and Chief Clerk and returned to the Senate.                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 159                                                                       
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 2169) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 159(JUD)                                                
"An Act allowing a person under age 21 to be arrested by a peace              
officer without a warrant for illegal possession, consumption, or              
control of alcohol; relating to the offenses of driving while                  
intoxicated and failure to submit to a chemical test of breath or              
blood; and providing for an effective date."                                   
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 159(FIN)(efd fld                          
S)                                                                             
"An Act allowing a person under age 21 to be arrested by a peace              
officer without a warrant for illegal possession, consumption, or              
control of alcohol; relating to the offenses of driving while                  
intoxicated and failure to submit to a chemical test of breath or              
blood."                                                                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1995-05-13                     House Journal                      Page 2181
HB 159                                                                       
Representative Vezey moved that the House concur in the Senate                 
amendment to CSHB 159(JUD), thus adopting SCS CSHB
159(FIN)(efd fld S), and recommended that the members vote yes.                
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 159(JUD)?"  The roll was taken with the following result:              
                                                                               
SCS CSHB 159(FIN)(efd fld S)                                                   
Concur                                                                         
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis,                
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James,           
Kelly, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre,                   
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,        
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Kohring, MacLean, Moses                                               
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 159(FIN)(efd fld S).                                                  
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 159(FIN)(efd fld S) was referred to the Chief Clerk for               
enrollment.                                                                    
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
SB 122                                                                       
Representative Kott brought up reconsideration of the vote on HCS              
CSSB 122(STA) (page 2146).                                                     
                                                                               
The following was again before the House in third reading:                     
                                                                               

1995-05-13                     House Journal                      Page 2182
SB 122                                                                       
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."                      
                                                                               
Representative Kott moved and asked unanimous consent that HCS                 
CSSB 122(STA) be returned to second reading for the specific purpose           
of considering Amendment No. 3.                                                
                                                                               
Representative Vezey objected and withdrew the objection.  There               
being no further objection, it was so ordered.                                 
                                                                               
Amendment No. 3 was offered  by Representative Kott:                            
                                                                               
Page 1, lines 5 - 6:                                                           
	Delete  "is a direct seller as defined by 26 U.S.C. 3508 (Internal            
Revenue Code), as amended"                                                     
	Insert                                                                        
		 "(A)  directly sells or solicits the sale of consumer                     
products, for resale or otherwise, personally to a prospective                 
consumer in the home or otherwise than in a permanent retail                   
establishment; a sale or solicitation by telephone, mail, other                
telecommunications method, or other nonpersonal method does                    
not satisfy the requirement of this subparagraph;                              
		(B)  is compensated solely by                                              
		(i)  commissions on sales or other remuneration                           
directly related to sales or sales performance; or                             
		(ii)  a profit represented by the difference                              
between the wholesale cost of the product to the seller                        
and the final sale price to the consumer; and                                  
		(C)  performs under a written contract with the person                     
for whom the service is performed that provides,                               
notwithstanding AS23.20.395(a), that the individual is not an                  
employee for purposes of this chapter or for federal or state                  
tax purposes."                                                                 
                                                                               
Representative Kott moved and asked unanimous consent that                     
Amendment No. 3 be adopted.                                                    
                                                                               
                                                                               
Representative Martin objected.                                                
                                                                               

1995-05-13                     House Journal                      Page 2183
SB 122                                                                       
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 122(STA)--RECONSIDERATION                                             
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  30   NAYS:  8   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton,                 
Finkelstein, Foster, Green, Grussendorf, Ivan, Kohring, Kott, Kubina,          
Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips,             
Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis                  
                                                                               
Nays:  Barnes, Hanley, James, Kelly, MacLean, Martin, Masek, Vezey             
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Therriault                                                            
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
The question to be reconsidered:  "Shall HCS CSSB 122(STA) am H                
pass the House?"  The roll was taken with the following result:                
                                                                               
HCS CSSB 122(STA) am H--RECONSIDERATION                                        
Third 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,                  
Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter,             
Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis                   
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Therriault                                                            
                                                                               

1995-05-13                     House Journal                      Page 2184
SB 122                                                                       
And so, HCS CSSB 122(STA) am H passed the House on                             
reconsideration and was referred to the Chief Clerk for engrossment.           
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 25                                                                        
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. 25                                                            
"An Act repealing vegetable dealer licensing and regulation."                 
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
SB 122                                                                       
HCS CSSB 122(STA) am H was engrossed, signed by the Speaker and                
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HCR 14                                                                       
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
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.                          
                                                                               
HB 13                                                                        
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               

1995-05-13                     House Journal                      Page 2185
HB 13                                                                        
CS FOR HOUSE BILL NO. 13(STA)                                                 
"An Act requiring persons filing for nomination for, or                       
campaigning for election for, state elective office, persons                   
authorized to make or incur political campaign expenditures before             
formally filing for nomination to state elective office, and groups           
acting on behalf of any of these, to file certain election campaign            
finance disclosure reports."                                                   
                                                                               
                                                                               
HB 35                                                                        
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
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."                                                                        
                                                                               
                                                                               
HB 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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 39(JUD)                                                 
"An Act relating to the authority of mobile intensive care                    
paramedics, physician assistants, and emergency medical                        
technicians to pronounce death under certain circumstances."                   
                                                                               
                                                                               
HB 74                                                                        
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 74(FIN)                                                 
"An Act relating to the assault of children by adults."                       

1995-05-13                     House Journal                      Page 2186
HB 130                                                                       
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 130(FIN)                                  
"An Act relating to the adoption, amendment, and repeal of                    
regulations."                                                                  
                                                                               
HB 140                                                                       
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 140(FSH)                                                
"An Act relating to surety bonds required of certain fish                     
processors."                                                                   
                                                                               
HB 195                                                                       
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 11:30 a.m.,           
May 13, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 195(RES)                                                
"An Act repealing the laws authorizing milk marketing orders."                
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Majority Caucus                Speaker's Chamber         7:30 pm, 5/13         
                                                                               
Minority Caucus                                          2:30 pm, 5/14         
                                                                               
Copies of CCS HB 100                                    10:00 pm, 5/13         
will be available                                                              
                                                                               

1995-05-13                     House Journal                      Page 2187
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 3:00 p.m., May 14, 1995.  There being no                   
objection, the House adjourned at 7:13 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk