Legislature(1995 - 1996)

1995-05-15 House Journal

Full Journal pdf

1995-05-15                     House Journal                      Page 2191
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Monday               May 15, 1995         
                                                                               
                                                                               
                          One Hundred Twentieth Day                          
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:14 a.m.                                                         
                                                                               
                                                                               
Roll call showed 26 members present.  Representatives Barnes, Brice,           
Brown, Finkelstein, Grussendorf, Hanley, Kohring, Kott, MacLean,               
Moses, Mulder, Rokeberg, Sanders and Therriault were absent.                   
                                                                               
                                                                               
The invocation was offered by the Chaplain designee, Representative            
Masek.  Representative Martin moved and asked unanimous consent                
that the invocation be spread on the journal.  There being no objection,       
it appears below:                                                              
                                                                               
"Thank You for vision.                                                        
                                                                               
May our vision inspire fellow Alaskans to excellence by our                   
service.                                                                       
                                                                               
May our decisions ever reflect heartfelt conviction.                          
                                                                               
Help us see the distant scene, Dear God.                                      
                                                                               
Yet, one step taken today will be enough.                                     
                                                                               
I come to You through the vision, Jesus Christ.  Amen."                       
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative James.                      
                                                                               
                                       1                                       

1995-05-15                     House Journal                      Page 2192
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 118th and 119th legislative days be approved as                
certified by the Chief Clerk.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 21                                                                       
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
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.                        
                                                                               
HCR 21 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
**The presence of Representative Kott was noted.                               
                                                                               
                                                                               
HJR 9                                                                        
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 9(JUD)                                      
Requesting the governor to file suit in the United States Supreme             
Court against the United States government alleging violations of              
the civil rights of Americans listed as prisoners of war or missing            
in action in Southeast Asia, demanding that documents concerning               
these individuals be released; and requesting the other states to              
join in this suit.                                                             
                                                                              
CSHJR 9(JUD) was referred to the Chief Clerk for enrollment.                   
                                                                               

1995-05-15                     House Journal                      Page 2193
HJR 25                                                                       
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE JOINT                                     
RESOLUTION NO. 25(RES)                                                         
Relating to a ban on trawling in the eastern Gulf of Alaska east of           
140 degrees west longitude.                                                    
                                                                               
CSSSHJR 25(RES) was referred to the Chief Clerk for enrollment.                
                                                                               
HB 87                                                                        
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE BILL NO. 87 am                                                          
"An Act authorizing youth courts to provide for peer adjudication             
of minors who have allegedly committed violations of state or                  
municipal laws, and renaming the community legal assistance                    
grant fund and amending the purposes for which grants may be                   
made from that fund in order to provide financial assistance for               
organization and initial operation of youth courts."                           
                                                                               
HB 87 am was referred to the Chief Clerk for enrollment.                       
                                                                               
HB 116                                                                       
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
CS FOR HOUSE BILL NO. 116(L&C)                                                
"An Act exempting the Alaska Seafood Marketing Institute from                 
the State Procurement Code."                                                   
                                                                               
CSHB 116(L&C) was referred to the Chief Clerk for enrollment.                  
                                                                               
**The presence of Representatives Kohring, Mulder and Rokeberg was             
noted.                                                                         
                                                                               
                                                                               
HB 201                                                                       
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        

1995-05-15                     House Journal                      Page 2194
HB 201                                                                       
CS FOR HOUSE BILL NO. 201(FIN) am                                             
"An Act relating to prisoner litigation, post-trial motions,                  
post-conviction relief, sentence appeals, execution on judgments               
against prisoners; amending Alaska Administrative Rule 10,                     
Alaska Rules of Appellate Procedure 204, 208, 209, 215, 403, 521,              
602, 603, and 604, Alaska Rules of Civil Procedure 3, 16.1, and                
65, and Alaska Rules of Criminal Procedure 11, 33, 35, and 35.1;               
and providing for an effective date."                                          
                                                                               
CSHB 201(FIN) am was referred to the Chief Clerk for enrollment.               
                                                                               
HB 287                                                                       
A message dated May 13, 1995, was read stating the Senate has                  
passed:                                                                        
                                                                               
HOUSE BILL NO. 287                                                            
"An Act relating to outdoor advertising on trash receptacles and              
restrictions on outdoor advertising."                                          
                                                                               
HB 287 was referred to the Chief Clerk for enrollment.                         
                                                                               
HB 9                                                                         
A message dated May 13, 1995, was read stating the Senate has                  
adopted the Conference Committee with limited powers of free                   
conference report on CSHB 9(FIN) and SCS CSHB 9(FIN) am S, thus                
adopting:                                                                      
                                                                               
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."                                                                        
                                                                               
Title change authorized by HCR 21.                                             
                                                                               
The House has adopted CCS HB 9 (page 2159).                                    
                                                                               
CCS HB 9 was referred to the Chief Clerk for engrossment and                   
enrollment.                                                                    
                                                                               

1995-05-15                     House Journal                      Page 2195
HJR 42                                                                       
A message dated May 13, 1995, was read stating the Senate has passed           
HJR 42 am with  the following amendment and it is transmitted for              
consideration:                                                                 
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS)                              
Relating to regulation of water carriers serving Alaska.                      
                                                                               
HJR 42 am is under Unfinished Business.                                        
                                                                               
HB 17                                                                        
A message dated May 13, 1995, was read stating the Senate has passed           
CSHB 17(L&C) am with the following amendment and it is                         
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.  17(FIN)                                  
"An Act expanding the services that may be offered by an electric             
cooperative to include sewer and water and gas services when                   
authorized by the Alaska Public Utilities Commission, and to                   
include direct satellite television services; relating to officers of a        
telephone or electric cooperative; relating to amendment of the                
articles of incorporation of a telephone or electric cooperative; and          
providing for an effective date."                                              
                                                                               
CSHB 17(L&C) am is under Unfinished Business.                                  
                                                                               
HB 119                                                                       
A message dated May 13, 1995, was read stating the Senate has passed           
HB 119 with the following amendment:                                           
                                                                               
Page 1, line 9, after "AS 14.03.070":                                          
Insert ", or a head start center that receives federal financial              
assistance under 42 U.S.C. 9835"                                               
                                                                               
And so, the following is transmitted for consideration:                        
                                                                               
HOUSE BILL NO. 119 am S                                                       
"An Act exempting schools from certain fees charged by the                    
Department of Environmental Conservation; and providing for an                 
effective date."                                                               
                                                                               
HB 119 is under Unfinished Business.                                           

1995-05-15                     House Journal                      Page 2196
HB 288                                                                       
A message dated May 13, 1995, was read stating the Senate has passed           
CSHB 288(L&C) am with the following amendment:                                 
                                                                               
Page 1, line 4, insert a new bill section to read:                             
                                                                               
"* Section 1.  AS 23.15.210(9) is amended to read:                          
	(9) "public property" means real or personal property owned                  
or leased by the state or federal government, or an agency of the              
state or federal government, except for ferry terminal facilities            
or Alaska marine highway vessels;"                                           
                                                                               
                                                                               
And so, the following is transmitted for consideration:                        
                                                                               
CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S)                                
"An Act relating to procurement preferences and authorizing                   
certain state real property lease extensions."                                 
                                                                               
CSHB 288(L&C) am is under Unfinished Business.                                 
                                                                               
                                                                               
**The presence of Representative Moses was noted.                              
                                                                               
                                                                               
SB 87                                                                        
A message dated May 13, 1995, was read stating the Senate has                  
concurred in the House amendment to CSSB 87(FIN), thus adopting:               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 87(JUD)                                   
"An Act relating to the membership of the Alcoholic Beverage                  
Control Board; relating to community local options for control of              
alcoholic beverages; relating to the control of alcoholic beverages;           
prohibiting persons from being on premises involving alcoholic                 
beverages under certain circumstances; relating to the definition of           
'alcoholic beverage'; relating to purchase and sale of alcoholic               
beverages; relating to alcohol server education courses; and                   
providing for an effective date."                                              
                                                                               
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               

1995-05-15                     House Journal                      Page 2197
SB 122                                                                       
A message dated May 13, 1995, was read stating the Senate has                  
concurred in the House amendment to CSSB 122(JUD), thus adopting:              
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 122(STA) am H                             
"An Act excluding certain direct sellers of consumer products from            
coverage under the state unemployment compensation laws."                      
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 78                                                                        
The Conference Committee with limited powers of free conference                
considering CSHB 78(FIN) am and SCS CSHB 78(FIN) am S(efd                      
fldS) recommends the following be adopted:                                     
                                                                               
CONFERENCE CS FOR HOUSE BILL NO. 78                                           
"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."                    
                                                                               
For fiscal impact, see CCS HB 100, page 43, line 30 through page 44,           
line 16.                                                                       
                                                                               
The report was received in the Chief Clerk's office at 2:30 p.m., May          
14, 1995.                                                                      
                                                                               
The report was signed by Representatives Hanley (Chair), Toohey and            
B.Davis (who signed "do not pass"); and Senators Miller (Chair),               
Green and Hoffman (who signed "amend or do not pass").                         
                                                                               
The report is under Unfinished Business.                                       
                                                                               
**The presence of Representative Therriault was noted.                         

1995-05-15                     House Journal                      Page 2198
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Roz Strang, for Excellence in Song and in Teaching                  
By Representative Kubina; Senator Lincoln                                      
                                                                               
Honoring - Brent Walker Byrne                                                  
By Representative B.Davis                                                      
                                                                               
Honoring - Suzi Lowell, House Chief Clerk                                      
By Representative Vezey                                                        
                                                                               
Honoring - Londi Ensor, House Assistant Chief Clerk                            
By Representative Vezey                                                        
                                                                               
Honoring - Lilla Giles, House Assistant Chief Clerk                            
By Representative Vezey                                                        
                                                                               
Honoring - Diana Hamar, House Assistant Chief Clerk                            
By Representative Vezey                                                        
                                                                               
Honoring - Sue Gullufsen, House Assistant Chief Clerk                          
By Representative Vezey                                                        
                                                                               
Honoring - Marcia Wilcox, House Assistant Chief Clerk                          
By Representative Vezey                                                        
                                                                               
Honoring - Sean Riley, House Sergeant-at-Arms; Adam Berg, House                
Assistant Sergeant-at-Arms; and, House Pages                                   
By Representative Vezey                                                        
                                                                               
Celebrating - The Opening of Anne Hopkins Wien Elementary School               
By Representative Brice                                                        
                                                                               
In Memoriam - Donald M. Jackson                                                
By Representative Foster                                                       
                                                                               
In Memoriam - Earl Walker                                                      
By Senator Taylor; Representative Grussendorf                                  
                                                                               

1995-05-15                     House Journal                      Page 2199
**The presence of Representatives Finkelstein, Brice and Brown was             
noted.                                                                         
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber         2:00 pm, 5/15         
                                                                               
Minority Caucus                                          2:05 pm, 5/15         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 3:00 p.m.  There being no objection, the House              
recessed at 11:23 a.m.                                                         
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 11:13 p.m.                               
                                                                               
                                                                               
**The presence of Representatives Grussendorf, Sanders and Hanley              
was noted.                                                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 18                                                                       
The Speaker stated that the following would be held over to the May            
16, 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 objection,        
the following citations were approved and sent to enrolling:                   

1995-05-15                     House Journal                      Page 2200
Honoring - The Alaska Gold Kings 1995 U.S. Elite National Hockey               
Champions                                                                      
By Representatives Davies, Brice, Elton, Green, Hanley, James, Kelly,          
Kohring, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Parnell,            
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis                 
                                                                               
Honoring - Bjorg Torsteinsrud, 1995 NCAA National Bronze Medal                 
Winner                                                                         
By Representatives Davies, Brice, Elton, Green, Hanley, James, Kelly,          
Kohring, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia, Parnell,            
Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis                 
                                                                               
                                                                               
Honoring - Liam Forbes, Marcus Martin, and Michael Schmahl, 1995               
Society for Industrial and Applied Mathematics, Outstanding                    
Meritorious Team                                                               
By Representatives Davies, Brice, Bunde, G.Davis, Elton, Green,                
James, Kohring, Kott, Kubina, Mackie, MacLean, Navarre, Nicholia,              
Parnell, Robinson, Sanders, Therriault, Toohey, Vezey, Willis                  
                                                                               
Honoring - Alaska Laundry 100th Anniversary                                    
By Representatives Robinson, Elton, Phillips, Brice, Foster, James,            
Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Parnell, Sanders,             
Toohey, Vezey, Willis; Senator Duncan                                          
                                                                               
                                                                               
Honoring - KINY Radio on its 60th Anniversary                                  
By Senator Duncan; Representatives Robinson, Elton, Phillips, Elton,           
Grussendorf, Ivan, James, Kohring, Kott, Kubina, Mackie, Mulder,               
Navarre, Nicholia, Parnell, Sanders, Toohey, Willis                            
                                                                               
Honoring - Gretchen Saupe                                                      
By Senator Zharoff; Representatives Austerman, Elton, James, Kott,             
Kubina, Mackie, Navarre, Nicholia, Robinson, Sanders, Toohey, Willis           
                                                                               
                                                                               
Honoring - The Valedictorian of the Homer High School Class of                 
1995, Daniel Boone                                                             
By Senator Torgerson; Representatives Phillips, Bunde, G.Davis, Elton,         
James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia,                
Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis         
                                                                               

1995-05-15                     House Journal                      Page 2201
Honoring - The Valedictorian of the Nikolaevsk High School Class of            
1995, Hionia Kojin                                                             
By Senator Torgerson; Representatives Phillips, Bunde, G.Davis, Elton,         
James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia,                
Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis         
                                                                               
Honoring - The Valedictorian of the Seward High School Class of                
1995, Charles J. Boerger                                                       
By Senator Torgerson; Representatives Phillips, Bunde, G.Davis, Elton,         
James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia,                
Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis         
                                                                               
Honoring - The Valedictorian of the Ninilchik High School Class of             
1995, Ivan Z. Encelewski                                                       
By Senator Torgerson; Representatives Phillips, Bunde, G.Davis, Elton,         
James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia,                
Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis         
                                                                               
Honoring - The Valedictorian of the Susan B. English School Class of           
1995, Bret Higman                                                              
By Senator Torgerson; Representatives Phillips, Bunde, G.Davis, Elton,         
James, Kott, Kubina, Mackie, MacLean, Masek, Navarre, Nicholia,                
Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis         
                                                                               
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SJR 20                                                                       
The Speaker waived the Resources Committee referral for the                    
following at the request of Representative Williams, Co-chair:                 
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 20(RES) am                                 
Relating to the Western Alaska Community Development Quota                    
Program, the inshore/offshore allocation process, and the North                
Pacific Fishery Management Council Comprehensive                               
Rationalization Program.                                                       
                                                                               
                                                                               

1995-05-15                     House Journal                      Page 2202
SB 18                                                                        
The Speaker waived the Health & Social Services Committee referral             
for the following at the request of Representative Bunde, Co-chair:            
                                                                               
CS FOR SENATE BILL NO. 18(FIN)                                                
"An Act relating to an advisory vote during regional educational              
attendance area school board elections; and providing for an                   
effective date."                                                               
                                                                               
                                                                               
The Speaker waived the Community & Regional Affairs Committee                  
referral for CSSB 18(FIN) at the request of Representative Ivan, Co-           
chair.                                                                         
                                                                               
The Speaker waived the Finance Committee referral for CSSB 18(FIN)             
at the request of Representative Hanley, Co-chair.                             
                                                                               
CSSB 18(FIN) was removed from the Health & Social Services                     
Committee and was referred to the Rules Committee for placement on             
the calendar.                                                                  
                                                                               
                                                                               
SB 71                                                                        
The Speaker waived the State Affairs Committee referral for the                
following at the request of Representative James, Chair:                       
                                                                               
CS FOR SENATE BILL NO. 71(FIN)                                                
"An Act relating to deep freeze classics, mercury classics, and               
snow machine classics; and providing for an effective date."                   
                                                                               
                                                                               
The Speaker waived the Judiciary Committee referral for                        
CSSB71(FIN) at the request of Representative Porter, Chair.                    
                                                                               
The Speaker waived the Finance Committee referral for CSSB 71(FIN)             
at the request of Representative Hanley, Co-chair.                             
                                                                               
                                                                               
CSSB 71(FIN) was removed from the State Affairs Committee and was              
referred to the Rules Committee for placement on the calendar.                 
                                                                               
                                                                               

1995-05-15                     House Journal                      Page 2203
                             UNFINISHED BUSINESS                             
                                                                               
HB 288                                                                       
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 2196) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 288(L&C) am                                             
"An Act relating to procurement preferences and authorizing                   
certain state real property lease extensions; and providing for an             
effective date."                                                               
                                                                               
and                                                                            
                                                                               
CS FOR HOUSE BILL NO. 288(L&C) am S(efd fld S)                                
"An Act relating to procurement preferences and authorizing                   
certain state real property lease extensions."                                 
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved that the House concur in the Senate                 
amendment to CSHB288(L&C)am, thus adopting CSHB288(L&C)                        
am S(efdfldS), and recommended that the members vote yes.                      
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB288(L&C)am?"  The roll was taken with the following                     
result:                                                                        
                                                                               
CSHB 288(L&C) am S(efd fld S)                                                  
Concur                                                                         
                                                                               
YEAS:  30   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton,               
Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott,         
Kubina, Mackie, Masek, Moses, Nicholia, Ogan, Parnell, Phillips,               
Porter, Sanders, Toohey, Vezey, Williams, Willis                               
                                                                               
Nays:  Brown, Davies, Finkelstein, MacLean, Martin, Mulder, Navarre,           
Robinson, Rokeberg, Therriault                                                 
                                                                               

1995-05-15                     House Journal                      Page 2204
HB 288                                                                       
And so, the House concurred in the Senate amendment, thus adopting             
CSHB288(L&C)amS(efdfldS).                                                      
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
CSHB288(L&C)amS(efdfldS) was referred to the Chief Clerk for                   
enrollment.                                                                    
                                                                               
                                                                               
HB 119                                                                       
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 2195) on the following at              
this time:                                                                     
                                                                               
HOUSE BILL NO. 119                                                            
"An Act exempting schools from certain fees charged by the                    
Department of Environmental Conservation; and providing for an                 
effective date."                                                               
                                                                               
and                                                                            
                                                                               
HOUSE BILL NO. 119 am S                                                       
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved that the House concur in the Senate                 
amendment to HB119, thus adopting HB 119amS, and recommended                   
that the members vote yes.                                                     
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to HB119?"  The roll was taken with the following result:                      
                                                                               
HB 119 am S                                                                    
Concur                                                                         
                                                                               
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               

1995-05-15                     House Journal                      Page 2205
HB 119                                                                       
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 concurred in the Senate amendment, thus adopting             
HB119amS.                                                                      
                                                                               
                                                                               
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.                        
                                                                               
HB119amS was referred to the Chief Clerk for enrollment.                       
                                                                               
                                                                               
HB 17                                                                        
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 2195) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 17(L&C) am                                              
"An Act expanding the services that may be offered by an electric             
cooperative to include sewer and water and gas services when                   
authorized by the Alaska Public Utilities Commission, and to                   
include direct satellite television services; relating to officers of a        
telephone or electric cooperative; relating to amendment of the                
articles of incorporation of a telephone or electric cooperative; and          
providing for an effective date."                                              
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.  17(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1995-05-15                     House Journal                      Page 2206
HB 17                                                                        
Representative Vezey moved that the House concur in the Senate                 
amendment to CSHB17(L&C)am, thus adopting SCSCSHB17(FIN),                      
and recommended that the members vote no.                                      
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB17(L&C)am?"  The roll was taken with the following result:              
                                                                               
SCS CSHB 17(FIN)                                                               
Concur                                                                         
                                                                               
YEAS:  5   NAYS:  35   EXCUSED:  0   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Foster, Grussendorf, Kott, Moses, Mulder                                
                                                                               
Nays:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Green, Hanley, Ivan, James, Kelly,                
Kohring, Kubina, Mackie, MacLean, Martin, Masek, Navarre, Nicholia,            
Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,                  
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCSCSHB17(FIN).                                               
                                                                               
                                                                               
HJR 42                                                                       
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 2195) on the following at              
this time:                                                                     
                                                                               
HOUSE JOINT RESOLUTION NO. 42 am                                              
Relating to regulation of water carriers serving Alaska.                      
                                                                               
and                                                                            
                                                                               
SENATE CS FOR HOUSE JOINT RESOLUTION NO. 42(RLS)                              
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1995-05-15                     House Journal                      Page 2207
HJR 42                                                                       
Representative Vezey moved that the House concur in the Senate                 
amendment to HJR42am, thus adopting SCSHJR42(RLS), and                         
recommended that the members vote yes.                                         
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to HJR42am?"  The roll was taken with the following result:                    
                                                                               
SCS HJR 42(RLS)                                                                
Concur                                                                         
                                                                               
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, 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                                                                         
                                                                               
Nays:  Davies                                                                  
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCSHJR42(RLS).                                                                 
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
SCSHJR42(RLS) was referred to the Chief Clerk for enrollment.                  
                                                                               
                                                                               
The House reverted to:                                                         
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 237                                                                       
The Conference Committee considering CSHB237(JUD)am and SCS                    
CSHB 237(JUD(efd fld S) recommends the following be adopted:                   
                                                                               

1995-05-15                     House Journal                      Page 2208
HB 237                                                                       
CONFERENCE CS FOR HOUSE BILL NO. 237                                          
"An Act relating to workers' compensation insurance rate filings;             
to second independent medical evaluations for workers'                         
compensation claims; to confidentiality of workers' compensation               
medical and rehabilitation information; to immunity for third-party            
design professionals from civil actions by recipients of workers'              
compensation benefits; to workers' compensation death benefits;                
to computation of workers' compensation benefits; to penalties for             
fraudulent acts related to workers' compensation; to immunity for              
employer workplace safety inspections related to workers'                      
compensation insurance."                                                       
                                                                               
The following fiscal notes apply to CCSHB 237:                                 
                                                                               
Zero fiscal note, Dept. of Labor, 3/17/95                                      
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/17/95                                                                        
Zero fiscal note, Dept. of Administration, 3/17/95                             
                                                                               
The report was signed by Representatives Kott (Chair), Porter and              
Brice; and, Senators Taylor (Chair), Kelly and Adams.                          
                                                                               
The report was received in the Chief Clerk's office at 1:45 p.m., May          
15, 1995.                                                                      
                                                                               
Representative Vezey moved that the House adopt the Conference                 
Committee report, thus adopting CCSHB237, and recommended that                 
the members vote yes.                                                          
                                                                               
Representative Mulder moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Mulder was required to vote.                     
                                                                               
The question being:  "Shall the House adopt the Conference                     
Committee report?"  The roll was taken with the following result:              
                                                                               
CCS HB 237                                                                     
Adopt                                                                          
                                                                               
YEAS:  29   NAYS:  10   EXCUSED:  0   ABSENT:  1                             
                                                                               

1995-05-15                     House Journal                      Page 2209
HB 237                                                                       
Yeas:  Austerman, Brice, Bunde, G.Davis, Elton, Foster, Green,                 
Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin,             
Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders,             
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Nays:  Barnes, Brown, Davies, B.Davis, Finkelstein, Grussendorf,               
MacLean, Navarre, Nicholia, Robinson                                           
                                                                               
Absent:  Masek                                                                 
                                                                               
And so, the House adopted the Conference Committee report, thus                
adopting CCSHB 237.                                                            
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
The Senate has adopted the Conference Committee report (page 1846              
of the Senate journal).                                                        
                                                                               
CCSHB 237 was referred to the Chief Clerk for engrossment and                  
enrollment.                                                                    
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 123                                                                       
Representative Vezey moved and asked unanimous consent that the                
House rescind previous action in failing to adopt 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."                                                                         
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall the House rescind previous action in               
failing to adopt CCSSB123?"  The roll was taken with the following             
result:                                                                        

1995-05-15                     House Journal                      Page 2210
SB 123                                                                       
                                                                               
CCS SB 123                                                                     
Rescind previous action/failing to adopt                                       
                                                                               
YEAS:  14   NAYS:  24   EXCUSED:  0   ABSENT:  2                             
                                                                               
Yeas:  Bunde, G.Davis, Green, James, Kelly, Kohring, Martin, Ogan,             
Parnell, Porter, Rokeberg, Therriault, Toohey, Vezey                           
                                                                               
Nays:  Austerman, Barnes, Brice, Brown, B.Davis, Elton, Finkelstein,           
Foster, Grussendorf, Ivan, Kott, Kubina, Mackie, MacLean, Masek,               
Moses, Mulder, Navarre, Nicholia, Phillips, Robinson, Sanders,                 
Williams, Willis                                                               
                                                                               
Absent:  Davies, Hanley                                                        
                                                                               
And so, the motion failed.                                                     
                                                                               
The Speaker previously appointed a free conference committee (page             
2157).                                                                         
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Kubina moved and asked unanimous consent that the               
following citation be taken up as a Special Order of Business at this          
time:                                                                          
                                                                               
Honoring - Roz Strang For Excellence in Song and in Teaching                   
By Representatives Kubina, Brice, Davies, B.Davis, Elton, Ivan, James,         
Kott, Mackie, MacLean, Masek, Navarre, Nicholia, Robinson, Sanders,            
Toohey, Willis; Senator Lincoln                                                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Kubina 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.                                            
                                                                               

1995-05-15                     House Journal                      Page 2211
                                  ENROLLMENT                                 
                                                                               
HB 219                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 9:40 a.m.,            
May 15, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 219(FIN)                                                
"An Act relating to medical care for prisoners; and authorizing               
special medical parole for severely medically disabled or                      
quadriplegic prisoners."                                                       
                                                                               
HB 234                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 9:40 a.m.,            
May 15, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 234(JUD)                                                
"An Act relating to administrative adjudication under the                     
Administrative Procedure Act."                                                 
                                                                               
HB 274                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 9:40 a.m.,            
May 15, 1995:                                                                  
                                                                               
CS FOR HOUSE BILL NO. 274(JUD)                                                
"An Act relating to the state's tuberculosis control program; and             
providing for an effective date."                                              
                                                                               
HB 297                                                                       
The following was enrolled, signed by the Speaker and Chief Clerk,             
President and Secretary of the Senate, and the engrossed and enrolled          
copies were transmitted to the Office of the Governor at 9:40 a.m.,            
May 15, 1995:                                                                  
                                                                               
HOUSE BILL NO. 297                                                            
"An Act relating to fees for a commercial fishing vessel license."            
                                                                               

1995-05-15                     House Journal                      Page 2212
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Minority Caucus                                        upon adj., 5/15         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 11:00 a.m., May 16, 1995.  There being no                  
objection, the House adjourned at 11:50 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk