Legislature(1995 - 1996)
1996-02-14 House Journal
Full Journal pdf1996-02-14 House Journal Page 2745 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday February 14, 1996 Thirty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:06 a.m. Roll call showed 39 members present. Representative Hanley was absent and his presence was noted later. The invocation was offered by the Chaplain, Reverend Larry Olson of the Eagle Wings Community Church. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Dear Lord, We thank You for another day of life. Lord, You have created a beautiful earth and You have made us stewards and caretakers of this earth. We will never own this earth, but every part of it belongs to You. Help us to use it, manage it and care for it in a manner befitting the deep love You have for this earth, its minerals, its plants, its fish and even the most rare of wildlife. We pray for those people and those causes we name silently in our hearts now. In Your name we ask these things. Amen. The Pledge of Allegiance was led by Representative Brice. 1996-02-14 House Journal Page 2746 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 36th and 37th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **The presence of Representative Hanley was noted. MESSAGES FROM THE SENATE HB 32 A message dated February 13, 1996, was read stating the Senate has passed CSHB 32(FIN) with the following amendment: Page 1, lines 8 - 9: Delete ", upon payment of a $25 appeal fee, request the department to review its decision." Insert "file an administrative appeal with the department. After completion of an informal conference held as part of the administrative appeal proceeding, the individual may, upon payment of a $25 appeal fee, request a formal hearing before the commissioner. Within eight months after the administrative appeal is filed, the department shall provide the individual with a final written decision. If the department fails to provide the written decision within the eight-month period, all issues raised in the administrative appeal shall be considered to have been decided in favor of the individual." Page 2, line 14: Delete "January 1, 1996" Insert "January 1, 1997" And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 32(FIN) am S An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another; and providing for an effective date. 1996-02-14 House Journal Page 2747 HB 32 CSHB 32(FIN) is under Unfinished Business. SB 84 A message dated February 13, 1996, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 84(FIN) An Act making a special appropriation to the principal of the permanent fund; and providing for an effective date. thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN) An Act making a special appropriation to the principal of the permanent fund. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Environmental Conservation Office of the Commissioner Storage Tank Assistance Fund Annual Report for FY 95 (as required by AS 46.03.363) REPORTS OF STANDING COMMITTEES HB 357 The Resources Committee has considered: HOUSE BILL NO. 357 An Act relating to the issuance of hunting, trapping, and noncommercial fishing licenses, tags, and permits and to residency for fish and game purposes; and providing for an effective date. and recommends it be replaced with: 1996-02-14 House Journal Page 2748 HB 357 CS FOR HOUSE BILL NO. 357(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Davies, Williams, Green, Ogan, Austerman No recommendation (2): Nicholia, Long The following fiscal note applies to CSHB 357(RES): Zero fiscal note, Dept. of Fish & Game, 2/14/96 HB 357 was referred to the Finance Committee. SB 190 The Resources Committee has considered: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Williams, Kott, Austerman, Ogan, Green No recommendation (2): Davies, Long The following fiscal note applies: Senate zero fiscal note, Dept. of Natural Resources, 2/2/96 CSSB 190(RES) am was referred to the Rules Committee for placement on the calendar. 1996-02-14 House Journal Page 2749 REPORTS OF SPECIAL COMMITTEES HJR 54 The House Special Committee on Oil and Gas has considered: HOUSE JOINT RESOLUTION NO. 54 Encouraging the lessees of Alaskas vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislatures support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 54(O&G) (same title) The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (3): B.Davis, Ogan, Finkelstein No recommendation (3): Brice, G.Davis, Williams Amend (1): Rokeberg The following fiscal note applies to CSHJR 54(O&G): Fiscal note, Dept. of Natural Resources, 2/14/96 HJR 54 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1996-02-14 House Journal Page 2750 Honoring - Nancy M. Mendenhall By Representative Foster; Senator Adams Honoring - Unalakleet Wolfpack Boys Basketball Team By Senator Adams In Memoriam - Gustoff Sagoonick By Representative Foster; Senator Adams In Memoriam - Robert E. Hebron By Representative B.Davis In Memoriam - Freda Jimmie By Representative Ivan; Senator Hoffman In Memoriam - Roy Aceveda, Sr. By Senators Zharoff, Duncan; Representative Mackie and Honoring - Robyn McFetridge By Senator Miller; Representatives Therriault, James, Vezey which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 517 HOUSE BILL NO. 517 by the House Transportation Committee, entitled: An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial motor vehicles; relating to renewal of a driver's license by mail; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain 1996-02-14 House Journal Page 2751 HB 517 notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date. was read the first time and referred to the Transportation and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 382 The following was read the second time: HOUSE BILL NO. 382 An Act extending the termination date of the Board of Dispensing Opticians; and providing for an effective date. with the: Journal Page STA RPT 3DP 3NR 2451 FISCAL NOTE (DCED) 2451 STA RPT CS(STA) NT 6DP 1NR 2565 FISCAL NOTE (DCED) 1/16/96 2566 FIN RPT CS(STA) NT 10DP 2645 FISCAL NOTE (DCED) 1/16/96 2645 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 382(STA) An Act relating to the Board of Dispensing Opticians; and providing for an effective date. There being no objection, it was so ordered. 1996-02-14 House Journal Page 2752 HB 382 Representative Vezey moved and asked unanimous consent that CSHB 382(STA) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall CSHB 382(STA) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 382(STA) Second Reading Advance to Third Reading YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson And so, lacking the necessary 30 votes, CSHB 382(STA) failed to advance and will be in third reading on tomorrow's calendar. HB 404 The following was read the second time: HOUSE BILL NO. 404 An Act extending the termination date of the Board of Chiropractic Examiners; and providing for an effective date. with the: Journal Page STA RPT 4DP 3NR 2451 FISCAL NOTE (DCED) 2451 1996-02-14 House Journal Page 2753 HB 404 STA RPT CS(STA) NT 6DP 1NR 2566 FISCAL NOTE (DCED) 1/16/96 2567 FIN RPT CS(STA) NT 10DP 2645 FISCAL NOTE (DCED) 2646 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 404(STA) An Act relating to the Board of Chiropractic Examiners; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 1, line 5: Delete 2002 Insert 2000 Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Martin objected. Representative Kott moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 404(STA) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. 1996-02-14 House Journal Page 2754 HB 404 The question being: Shall CSHB 404(STA) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 404(STA) Second Reading Advance to Third Reading YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis And so, lacking the necessary 30 votes, CSHB 404(STA) failed to advance and will be in third reading on tomorrow's calendar. SECOND READING OF SENATE BILLS SB 160 The following was read the second time: SENATE BILL NO. 160 am An Act excluding certain employment by students from the definition of `employment' in the state employment security laws. with the: Journal Page L&C RPT 2DP 2NR 2603 ZERO FISCAL NOTE (LABOR) 2603 Representative Vezey moved and asked unanimous consent that SB 160 am be considered engrossed, advanced to third reading and placed on final passage. 1996-02-14 House Journal Page 2755 SB 160 Representative Brice objected. The question being: Shall SB 160 am be advanced to third reading on the same day? The roll was taken with the following result: SB 160 am Second Reading Advance to Third Reading YEAS: 25 NAYS: 14 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Hanley And so, lacking the necessary 30 votes, SB 160 am failed to advance and will be in third reading on tomorrow's calendar. THIRD READING OF HOUSE BILLS HB 25 The following, which was advanced to third reading from the February 12, 1996, calendar (page 2732), was read the third time: CS FOR HOUSE BILL NO. 25(FIN) An Act revising Rule 16, Alaska Rules of Criminal Procedure, relating to discovery and inspection in criminal proceedings; and providing for an effective date. 1996-02-14 House Journal Page 2756 HB 25 The question being: Shall CSHB 25(FIN) pass the House? The roll was taken with the following result: CSHB 25(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Moses And so, CSHB 25(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. 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. CSHB 25(FIN) was referred to the Chief Clerk for engrossment. HB 333 The following, which was advanced to third reading from the February 12, 1996, calendar (page 2733), was read the third time: HOUSE BILL NO. 333 An Act relating to licensure requirements for employees of the office of public advocacy and the Public Defender Agency. 1996-02-14 House Journal Page 2757 HB 333 The question being: Shall HB 333 pass the House? The roll was taken with the following result: HB 333 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, HB 333 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Brian Keith Hayden, Eagle Scout By Representatives B.Davis, Phillips, Bunde, Davies, Elton, Hanley, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - Dana Fabe, Alaska Supreme Court By Representatives B.Davis, Brown, Davies, Elton, Finkelstein, Grussendorf, Hanley, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Porter, Robinson, Sanders, Toohey, Willis Honoring - Major General Thomas H. Needham By Representatives Mulder, Phillips, Barnes, Brice, Davies, B.Davis, Elton, Foster, Hanley, Ivan, James, Kott, Kubina, Mackie, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis 1996-02-14 House Journal Page 2758 In Memoriam - Ephraim Agnot, Sr. By Representatives Austerman, Phillips, Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis; Senator Zharoff UNFINISHED BUSINESS HJR 38 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2675) on the following at this time: CS FOR HOUSE JOINT RESOLUTION NO. 38(FSH) Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. and SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHJR 38(FSH), thus adopting SCS CSHJR 38(RLS) am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHJR 38(FSH)? The roll was taken with the following result: SCS CSHJR 38(RLS) am S Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1996-02-14 House Journal Page 2759 HJR 38 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, 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 SCS CSHJR 38(RLS) am S. The Chief Clerk was instructed to so notify the Senate. SCS CSHJR 38(RLS) am S was referred to the Chief Clerk for enrollment. HB 224 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2502) on the following at this time: CS FOR HOUSE BILL NO. 224(STA) An Act relating to the state plumbing code. and SENATE CS FOR CS FOR HOUSE BILL NO. 224(L&C) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 224(STA), thus adopting SCS CSHB 224(L&C), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 224(STA)? The roll was taken with the following result: 1996-02-14 House Journal Page 2760 HB 224 SCS CSHB 224(L&C) Concur YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Williams, Willis Nays: Brown, Davies, Long, Rokeberg, Vezey And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 224(L&C). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 224(L&C) was referred to the Chief Clerk for enrollment. SPECIAL ORDER OF BUSINESS Representative Vezey moved and asked unanimous consent that the citation Honoring - Robyn McFetridge be taken up as a Special Order of Business at this time. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House approve the citation. There being no objection, the following citation was approved and sent to enrolling: Honoring - Robyn McFetridge By Senator Miller; Representatives Therriault, James, Vezey, Phillips, Brice, G.Davis, B.Davis, Elton, Ivan, James, Kelly, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Parnell, Sanders, Robinson, Rokeberg, Toohey, Williams, Willis 1996-02-14 House Journal Page 2761 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 Mulder - from 12:15 p.m., February 15 to 12:00 noon, plane time, February 17, 1996 Representative Kubina - from 6:05 p.m., plane time, February 16 to 9:21 p.m., plane time, February 18, 1996 Representative Williams - from 6:05 a.m., February 16 to 10:06 p.m., February 18, 1996 Representative Kott - from 6:00 a.m., February 16 to 10:00 p.m., plane time, February 18, 1996 HJR 38 Representative Nicholia added her name as cosponsor to: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS) am S Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. HB 455 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 455 An Act relating to the management of salmon fisheries; and providing for an effective date. HB 505 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 505 An Act relating to the centralized school program for the deaf; and providing for an effective date. 1996-02-14 House Journal Page 2762 ENGROSSMENT HCR 24 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(L&C) Relating to student loan default rates at vocational education schools. HB 25 CSHB 25(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 333 HB 333 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 419 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 419(STA) An Act relating to the disposal of property, including firearms and ammunition. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Joint Session U.S. Senator Ted Stevens' address 10:30 a.m., 2/15 Majority Caucus Speaker's Chamber after recess, 2/15 Minority Caucus after recess, 2/15 1996-02-14 House Journal Page 2763 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 15, 1996. There being no objection, the House adjourned at 12:08 p.m. Suzi Lowell Chief Clerk