Legislature(1995 - 1996)

1996-01-11 House Journal

Full Journal pdf

1996-01-11                     House Journal                      Page 2407
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                      Thursday          January 11, 1996         
                                                                               
                                  Fourth Day                                 
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:08 a.m.                                                         
                                                                               
Roll call showed 37 members present.  Representatives Barnes,                  
Finkelstein and MacLean were absent and their presence was noted               
later.                                                                         
                                                                               
The invocation was offered by the Chaplain, Pastor Greg Lindsay of             
the Northern Light United Church.  Representative Navarre moved and            
asked unanimous consent that the invocation be spread on the journal.          
There being no objection, it appears below:                                    
                                                                               
In respect of the spiritual life of each person present, let us               
pray:                                                                          
                                                                               
O Magnificent One, this morning I am reminded by the snow                     
of Your renewing power.  The day has been blanketed with                       
new possibilities and opportunities.  My spirit has been                       
renewed.  I am not the same person I was yesterday, and I                      
thank You for that.  I thank You for this new day.  May I take                 
nothing for granted.  May I seek reconciliation.  May I start                  
over with others and with You.  Thank You God, for each                        
new day.  Amen.                                                                
                                                                               
The Pledge of Allegiance was led by Representative Kelly.                      
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the third legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     

1996-01-11                     House Journal                      Page 2408
**The presence of Representative Finkelstein was noted.                        
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
SB 78                                                                        
A memorandum dated December 14, 1995, was received from                        
Representative Ogan to Speaker Phillips stating that on March 22,              
1995, he inadvertently cross-sponsored the following bill:                     
                                                                               
SENATE BILL NO. 78 am                                                         
An Act related to the authority of certain beverage dispensary                
licensees to stock alcoholic beverages in guest rooms and                      
prohibiting certain room rentals for the purpose of providing                  
alcoholic beverages to a person under 21 years of age.                         
                                                                               
Representative Ogan requested that the record reflect such.                    
                                                                               
SB 78 am was signed into law April 10, 1995, Chapter 3, SLA 95.                
                                                                               
The following reports are on file in the Chief Clerks office:                  
                                                                               
Department of Revenue                                                          
Alaska Housing Finance Corporation                                             
1995 Annual Report                                                             
(as required by AS 18.56.089)                                                  
                                                                               
Alaska Court System                                                            
1995 Annual Report                                                             
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
In Memoriam - Dr. Howard Cutler                                                
By Representatives Brice, Davies                                               
                                                                               
In Memoriam - Sandra E. White                                                  
By Representatives Davies, Brice                                               

1996-01-11                     House Journal                      Page 2409
In Memoriam - H. Prentiss H.P. Gazaway                                         
By Senator Ellis                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 409                                                                       
HOUSE BILL NO. 409 By Representatives Kelly, Therriault and                    
James, entitled:                                                               
                                                                               
An Act combining parts of the Department of Commerce and                      
Economic Development and parts of the Department of                            
Community and Regional Affairs by transferring some of their                   
duties to a new Department of Community and Economic                           
Development; transferring some of the duties of the Department of              
Commerce and Economic Development and the Department of                        
Community and Regional Affairs to other existing agencies;                     
eliminating the Department of Commerce and Economic                            
Development and the Department of Community and Regional                       
Affairs; adjusting the membership of certain multi-member bodies               
to reflect the transfer of duties among departments and the                    
elimination of departments; and providing for an effective date.               
                                                                               
was read the first time and referred to the Community & Regional               
Affairs and Finance Committees.                                                
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               
                                                                               
Representative Kubina - from 1:17 p.m., plane time, January 12 to              
9:21 p.m., plane time, January 15, 1996                                        
                                                                               
Representative Williams - from 2:00 p.m., January 12 to 10:06 p.m.,            
January 15, 1996 (amended from page 2404)                                      
                                                                               
                                                                               
**The presence of Representative MacLean was noted.                            

1996-01-11                     House Journal                      Page 2410
HB 243                                                                       
Representative Kott moved and asked unanimous consent to withdraw              
the following:                                                                 
                                                                               
HOUSE BILL NO. 243                                                            
An Act relating to licensure of landscape architects.                         
                                                                               
There being no objection, HB 243 was withdrawn.                                
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House and Senate Joint                                                         
Majority Caucus                                          4:00 pm, 1/11         
                                                                               
                                                                               
The House stood for a moment of silence in remembrance of former               
representative, Mike Rose.                                                     
                                                                               
**The presence of Representative Barnes was noted.                             
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 6:00 p.m., for a joint session to consider the              
Governors vetoes.  There being no objection, the House recessed at             
10:21 a.m.                                                                     
                                                                               
                          JOINT SESSION IN THE HOUSE                         
                                                                               
Speaker Phillips called the House to order and, in accordance with the         
Uniform Rules, turned the gavel over to President Pearce who called            
the joint session to order at 6:10 p.m.                                        
                                                                               
The purpose of the joint session was to consider the Governors vetoes          
on the following bills:                                                        
                                                                               
SB 14: INCREASED PENALTIES FOR JOYRIDING                                      
                                                                               
	HB 44: GAMING PROCEEDS/DEFINE CHARITABLE ORGNS                                
                                                                               
HB 268: APPROP: FY 96 CAPITAL PROJECTS BUDGET                                 
                                                                               

1996-01-11                     House Journal                      Page 2411
HB 217: TEACHER EMPLOYMENT RIGHTS & RETIREMENT                                
                                                                               
SB 16: INCREASE LAND GRANT TO UNIV.  OF ALASKA                                
                                                                               
A roll call of the House showed 40 members present.                            
                                                                               
A roll call of the Senate showed 20 members present.                           
                                                                               
SB 14                                                                        
Senator Halford moved that:                                                    
                                                                               
CS FOR SENATE BILL NO.  14(JUD)                                               
An Act relating to criminal mischief.                                         
                                                                               
become law notwithstanding the Governors veto.                                 
                                                                               
Senator Halford called the Joint Session.                                      
                                                                               
The call was satisfied.                                                        
                                                                               
Senator Halford stated that a yes vote would override the Governors            
veto and a no vote would sustain the Governors veto.                           
                                                                               
The question being:  Shall CSSB 14(JUD) become law                             
notwithstanding the Governors veto?  The roll of the Senate was                
called with the following result:                                              
                                                                               
SENATE                                                                         
                                                                               
CSSB 14(JUD)                                                                   
Override Veto                                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger,        
Sharp, Taylor, Torgerson, Pearce                                               
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff           
                                                                               
The roll of the House was taken with the following result:                     
                                                                               
                                                                               

1996-01-11                     House Journal                      Page 2412
SB 14                                                                        
HOUSE                                                                          
                                                                               
CSSB 14(JUD)                                                                   
Override Veto                                                                  
                                                                               
                                                                               
YEAS:  25   NAYS:  15   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan,                
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, MacLean, Moses, Navarre, Nicholia, Robinson, Willis            
                                                                               
                                                                               
TOTAL:  YEAS: 37   NAYS: 23   EXCUSED:  0   ABSENT:  0                       
                                                                               
and so the Governors veto was sustained.                                       
                                                                               
                                                                               
HB 44                                                                        
Senator Halford moved that:                                                    
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.  44(FIN)                                  
An Act relating to reporting by permittees, licensees, and                    
vendors; relating to municipal regulation of charitable gaming;                
providing that a political group is not a qualified organization for           
purposes of charitable gaming, other than raffles, and relating to             
those raffles; relating to identification to the public of each                
permittee that will benefit from the sale of each pull-tab series and          
each bingo session; providing that the proceeds from charitable                
gaming, other than certain raffles conducted by a political                    
organization, may not be contributed to a political party or other             
political group; and providing for an effective date.                          
                                                                               
become law notwithstanding the Governors veto.                                 
                                                                               
The question being:  Shall  SCS CSHB 44(FIN) become law                        
notwithstanding the Governors veto?  The roll of the House was                 
taken with the following result:                                               
                                                                               

1996-01-11                     House Journal                      Page 2413
HB 44                                                                        
HOUSE                                                                          
                                                                               
SCS CSHB 44(FIN)                                                               
Override Veto                                                                  
                                                                               
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, MacLean, Martin, Masek, Ogan, Parnell,            
Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey                          
                                                                               
Nays:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia,                 
Robinson, Sanders, Williams, Willis                                            
                                                                               
The roll of the Senate was called with the following result:                   
                                                                               
SENATE                                                                         
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger,        
Sharp, Taylor, Torgerson, Pearce                                               
                                                                               
Nays:  Donley, Duncan, Ellis, Hoffman, Lincoln, Salo, Zharoff, Adams           
                                                                              
TOTAL:  YEAS: 34  NAYS: 26   EXCUSED:  0   ABSENT:  0                        
                                                                               
and so, the Governors veto was sustained.                                      
                                                                               
                                                                               
HB 268                                                                       
Senator Halford moved that Section 103, page 27, line 29 of:                   
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO.  268(FIN) am                              
S(reengrossed)                                                                 
An Act making and amending appropriations; and providing for                  
an effective date.                                                             
                                                                               
become law notwithstanding the Governors line item reduction by                
veto.                                                                          
                                                                               

1996-01-11                     House Journal                      Page 2414
HB 268                                                                       
The question being:  Shall Section 103 on page 27, line 29 of SCS              
CSHB 268(FIN) am S(reengrossed) become law notwithstanding the                 
Governors line item reduction by veto?  The roll of the Senate was             
called with the following result:                                              
                                                                               
SENATE                                                                         
                                                                               
SCS CSHB 268(FIN) am S (reengrossed)                                           
Override Line Item Reduction in Section 103                                    
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Sharp,         
Taylor, Torgerson, Donley, Pearce                                              
                                                                               
Nays:  Duncan, Ellis, Hoffman, Lincoln, Rieger, Salo, Zharoff, Adams           
                                                                               
The roll of the House was taken with the following result:                     
                                                                               
HOUSE                                                                          
                                                                               
SCS CSHB 268(FIN) am S (reengrossed)                                           
Override Line Item Reduction in Section 103                                    
                                                                               
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly,              
Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter,         
Rokeberg, Sanders, Therriault, Toohey, Vezey                                   
                                                                               
Nays:  Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton,                
Finkelstein, Grussendorf, Kubina, Mackie, MacLean, Moses, Navarre,             
Nicholia, Robinson, Williams, Willis                                           
                                                                               
TOTAL:  YEAS: 34   NAYS: 26   EXCUSED:  0   ABSENT:  0                       
                                                                               
and so, the Governors line item reduction by veto was sustained.               
                                                                               
HB 217                                                                       
Senator Halford moved that:                                                    
                                                                               
CS FOR HOUSE BILL NO.  217(L&C) am(efd fld)                                   
An Act relating to teacher tenure, teacher layoff and rehire rights,          

1996-01-11                     House Journal                      Page 2415
HB 217                                                                       
public access to information on public school collective                      
bargaining, and to the right of tenured teachers to judicial review            
of decisions of nonretention or dismissal; and relating to retirement          
for certain employees of school districts, regional resource centers,          
the state boarding school, and regional educational attendance                 
areas.                                                                         
                                                                               
become law notwithstanding the Governors veto.                                 
                                                                               
President Pearce cautioned members to confine debate to the bill.              
                                                                               
Representative Davies moved and asked unanimous consent that he be             
allowed to abstain from voting due to a conflict of interest.  Objection       
was heard, and Representative Davies was required to vote.                     
                                                                               
                                                                               
The question being:  Shall CSHB 217(L&C) am (efd fld) become law               
notwithstanding the Governors veto?  The roll of the House was                 
taken with the following result:                                               
                                                                               
HOUSE                                                                          
                                                                               
CSHB 217(L&C) am (efd fld)                                                     
Override Veto                                                                  
                                                                               
YEAS:  19   NAYS:  21   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Austerman, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly,          
Kohring, MacLean, Ogan, Parnell, Phillips, Porter, Rokeberg,                   
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, Elton,                    
Finkelstein, Grussendorf, Kott, Kubina, Mackie, Martin, Masek, Moses,          
Mulder, Navarre, Nicholia, Robinson, Sanders, Willis                           
                                                                               
The roll of the Senate was called with the following result:                   
                                                                               
SENATE                                                                         
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                
                                                                               

1996-01-11                     House Journal                      Page 2416
HB 217                                                                       
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger,        
Sharp, Taylor, Torgerson, Pearce                                               
                                                                               
Nays:  Ellis, Hoffman, Lincoln, Salo, Zharoff, Adams, Donley, Duncan           
                                                                               
TOTAL:  YEAS: 31  NAYS: 29  EXCUSED:  0  ABSENT:  0                          
                                                                               
and so, the Governors veto was sustained.                                      
                                                                               
SB 16                                                                        
Senator Halford moved that:                                                    
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO.  16(FIN)                                  
An Act relating to the University of Alaska and university land,              
authorizing the University of Alaska to select additional state                
public domain land, and defining net income from the University                
of Alaskas endowment trust fund as university receipts subject to              
prior legislative appropriation.                                               
                                                                               
become law notwithstanding the Governors veto.                                 
                                                                               
Senator Duncan moved and asked unanimous consent that he be                    
allowed to abstain from voting due to a possible conflict of interest.         
Objection was heard, and Senator Duncan was required to vote.                  
                                                                               
The question being:  Shall HCS CSSB 16(FIN) become law                         
notwithstanding the Governors veto?  The roll of the Senate was                
called with the following result:                                              
                                                                               
SENATE                                                                         
                                                                               
HCS CSSB 16(FIN)                                                               
Override Veto                                                                  
                                                                               
YEAS:  12   NAYS:  8   EXCUSED:  0   ABSENT:  0                                
                                                                               
Yeas:  Frank, Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger,        
Sharp, Taylor, Torgerson, Pearce                                               
                                                                               
Nays:  Hoffman, Lincoln, Salo, Zharoff, Adams, Donley, Duncan, Ellis           
                                                                               
The roll of the House was taken with the following result:                     

1996-01-11                     House Journal                      Page 2417
SB 16                                                                        
 HOUSE                                                                         
                                                                               
HCS CSSB 16(FIN)                                                               
Override Veto                                                                  
                                                                               
YEAS:  22   NAYS:  18   EXCUSED:  0   ABSENT:  0                               
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly,           
Kohring, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter,               
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                         
                                                                               
Nays:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Hanley, Kott, Kubina, Mackie, MacLean, Moses, Navarre,            
Nicholia, Robinson, Willis                                                     
                                                                               
Barnes changed from "Yea" to "Nay".                                            
Kott changed from "Yea" to "Nay".                                              
Hanley changed from "Yea" to "Nay".                                            
                                                                               
TOTAL:  YEAS: 34   NAYS: 26   EXCUSED:  0  ABSENT:  0                        
                                                                               
and so, the Governors veto was sustained.                                      
                                                                               
Senator Halford lifted the call.                                               
                                                                               
The joint session stood at ease.                                               
                                                                               
The joint session reconvened at 8:07 p.m. for the purpose of hearing           
the State of the Budget Address by the Honorable Tony Knowles,                 
Governor of Alaska.                                                            
                                                                               
President Pearce introduced Lieutenant Governor Fran Ulmer.                    
                                                                               
President Pearce introduced First Lady Susan Knowles.                          
                                                                               
President Pearce introduced Jim Ayers, Chief of Staff.                         
                                                                               
President Pearce introduced Annalee McConnell, Director, Office of             
Management & Budget.                                                           
                                                                               
President Pearce appointed Representative Hanley and Senator Adams             
to escort the Governor to the joint session.                                   

1996-01-11                     House Journal                      Page 2418
The Senate Sergeant-at-arms announced the Governors entrance into              
the House Chamber.                                                             
                                                                               
Governor Knowles was escorted to the rostrum and welcomed by                   
President Pearce.                                                              
                                                                               
The Governors  State of the Budget Address appears in House and                
Senate Joint Journal Supplement No.  14.                                       
                                                                               
Governor Knowles received a standing ovation and was escorted from             
the Chamber by Representative Hanley and Senator Adams.                        
                                                                               
Senator Halford moved and asked unanimous consent that the joint               
session adjourn.  There being no objection, President Pearce adjourned         
the joint session at 8:38 p.m.                                                 
                                                                               
The Speaker ordered the House at ease to allow members of the Senate           
to leave the Chamber.                                                          
                                                                               
                                                                               
                                 IN THE HOUSE                                
                                                                               
The Speaker called the House back to order at 8:43 p.m.                        
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following member be excused from a call of the House.  There being             
no objection, the member was excused as noted:                                 
                                                                               
Representative Brice - from 6:00 a.m., January 12 to 10:00 a.m.,               
January 15, 1996                                                               
                                                                               
HJR  53                                                                      
Representative Brice added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO.  53                                                
Proposing an amendment to the Constitution of the State of Alaska             
relating to voter ratification of legislative approval of amendments           
of the Alaska Statehood Act affecting an interest of the State of              
Alaska under that Act.                                                         
                                                                               

1996-01-11                     House Journal                      Page 2419
HB 154                                                                       
Representatives James and Mulder added their names as cosponsors to:           
                                                                               
HOUSE BILL NO.  154                                                           
An Act requiring the Department of Law to provide guidelines                  
regarding unconstitutional state and municipal takings of private              
real property; relating to the taxation of private real property taken         
unconstitutionally by state or municipal action; establishing a timeme         
limit for bringing an action for an unconstitutional state or                  
municipal taking of private real property; and providing for an                
effective date.                                                                
                                                                               
HB 338                                                                       
Representative Kelly added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO.  338                                                           
An Act relating to permits to carry concealed handguns.                       
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., January 12, 1996.  There being no              
objection, the House adjourned at 8:44 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk