Legislature(1995 - 1996)
1996-02-15 House Journal
Full Journal pdf1996-02-15 House Journal Page 2765 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 15, 1996 Thirty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:11 a.m. Roll call showed 36 members present. Representative Brown had been previously excused from a call of the House today. Representatives Barnes, Moses and Navarre were absent and their presence was noted later. The invocation was offered by the Chaplain, Reverend Larry Olson of the Eagle Wings Community Church. Representative Ivan 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, many come into this Chamber, not just with the great public concerns of budgets and resource management and all on their minds. There are also the private concerns of children, parents, and spouses; matters related to home and health; hopes and fears no one else may be aware of. While these sons and daughters of Yours deal with matters of public interest, we pray that You would also grant them the grace and resources to attend, even to the most private and personal of matters. In Your name we ask these things. Amen. 1996-02-15 House Journal Page 2766 The Pledge of Allegiance was led by Representative Long. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 38th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker ordered the House at ease to allow members of the Senate to enter the House Chamber. The Speaker called the House back to order. **The presence of Representatives Barnes, Moses and Navarre was noted. JOINT SESSION IN THE HOUSE Speaker Phillips, in accordance with the Uniform Rules, turned the gavel over to President Pearce who called the joint session to order at 10:36 a.m. The purpose of the joint session was to hear an address by the Honorable Ted Stevens, U.S. Senator. Senator Halford moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Pearce appointed Representative Toohey and Senator Rieger to escort the Senator to the joint session. The Senate Sergeant-at-arms announced the Senators entrance into the House Chamber. 1996-02-15 House Journal Page 2767 Senator Stevens was escorted to the rostrum and welcomed by President Pearce. Senator Stevens' address appears in House and Senate Joint Journal Supplement No. 18. A question and answer period followed the conclusion of the Senator's speech. Senator Stevens received a standing ovation and was escorted from the Chamber by Representative Toohey and Senator Rieger. Senator Halford moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 11:27 a.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 11:28 a.m. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 2/15 Minority Caucus upon recess, 2/15 The following meeting today has been changed as indicated: Finance Subcommittee Environmental Conservation 3:30 p.m., 1/15 meeting CANCELED The Speaker stated the House would recess to 4:00 p.m.; and so, the House recessed at 11:29 a.m. AFTER RECESS The Speaker called the House back to order at 4:17 p.m. 1996-02-15 House Journal Page 2768 MESSAGES FROM THE SENATE SB 123 A message dated February 14, 1996, was read stating the Senate has rescinded its action in adopting the Conference Committee Report on: CS FOR SENATE BILL NO. 123(FIN) An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date. and CS FOR SENATE BILL NO. 123(FIN) am H (same title) The President appointed the following members to a Free Conference Committee to meet with the like committee from the House to consider the bills: Senator Miller, Chair Senator Torgerson Senator Adams The House members of the Free Conference Committee are Representatives Toohey, Chair; and, Representatives Kott and Elton (page 2157). Messages dated February 14 and 15, 1996, were read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 23 CS FOR SENATE CONCURRENT RESOLUTION NO. 23(STA) am by the Senate State Affairs Committee: 1996-02-15 House Journal Page 2769 SCR 23 Relating to long range financial planning. was read the first time and referred to the State Affairs and Finance Committees. FIRST READING AND REFERENCE OF SENATE BILLS SB 178 SENATE BILL NO. 178(title am) by Senator Rieger, entitled: An Act increasing the number of eligible employees that constitute an employer group for purposes of providing small employer health insurance; amending the definition of `small employer'; and requiring an annual report from the Small Employer Health Reinsurance Association until 1999. was read the first time and referred to the Labor & Commerce and Finance Committees. SB 240 SENATE BILL NO. 240 by the Senate Resources Committee, entitled: An Act relating to the statewide bonding pool for the reclamation activities imposed on mining operations, and extending the pool's use to surface coal mining projects. was read the first time and referred to the Resources Committee. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Education Alaska Commission on Postsecondary Education FY 95 Annual Report 1996-02-15 House Journal Page 2770 Dept. of Labor Office of the Commissioner Alaska Labor Relations Agency 1995 Annual Report (as required by AS 23.05.370(4)) Dept. of Health & Social Services Directory of Approved Alcoholism and Drug Abuse Programs July 1995-1996 (as required by AS 47.37.140(c)) REPORTS OF STANDING COMMITTEES HB 109 The Judiciary Committee has considered: HOUSE BILL NO. 109 An Act relating to telephone directory listings and solicitations. and recommends it be replaced with: CS FOR HOUSE BILL NO. 109(JUD) An Act relating to telephone solicitations, advertisements, and directory listings. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Vezey, Porter, Green, Bunde, Toohey, Finkelstein, B.Davis A Judiciary Committee letter of intent for CSHB 109(JUD), signed by Representative Porter, Chair, appears below: CSHB 109(JUD) was passed out by the House Judiciary Committee on February 14, 1996. The Committee's intent is that this bill, which makes it a violation of Alaska's consumer protection laws to telephonically solicit residential telephone users under some circumstances, not result in liability for local exchange telecommunication companies for such violations. 1996-02-15 House Journal Page 2771 HB 109 The following fiscal notes apply to CSHB 109(JUD): Zero fiscal note, Dept. of Law, 2/15/96 Zero fiscal note, Dept. of Commerce & Economic Development, 2/15/96 HB 109 was referred to the Rules Committee for placement on the calendar. HB 361 The Finance Committee has considered: HOUSE BILL NO. 361 An Act relating to municipal capital project matching grants for a municipality organized under federal law as an Indian reserve; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Martin, Grussendorf, Navarre, Foster No recommendation (3): Hanley, Parnell, Kelly The following fiscal notes apply: Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Dept. of Administration, 1/19/96 HB 361 was referred to the Rules Committee for placement on the calendar. HB 369 The Labor & Commerce Committee has considered: HOUSE BILL NO. 369 An Act extending to certain partnerships and corporations the 10 percent procurement preference currently given to certain sole proprietorships who are Alaska bidders and owned by persons with disabilities. 1996-02-15 House Journal Page 2772 HB 369 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (7): Kott, Rokeberg, Elton, Kubina, Porter, Masek, Sanders The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 1/24/96 Zero fiscal note, Dept. of Education, 1/24/96 HB 369 was referred to the Rules Committee for placement on the calendar. HB 432 The State Affairs Committee has considered: HOUSE BILL NO. 432 An Act relating to the practice of veterinary medicine. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): James No recommendation (5): Porter, Green, Robinson, Willis, Ogan The following fiscal note applies: Zero fiscal note, Dept. of Administration, 2/15/96 HB 432 was referred to the Labor & Commerce Committee. HB 435 The Labor & Commerce Committee has considered: HOUSE BILL NO. 435 An Act relating to employment contributions and to making the state training and employment program a permanent state program; and providing for an effective date. 1996-02-15 House Journal Page 2773 HB 435 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Elton, Kott No recommendation (3): Rokeberg, Kubina, Porter The following fiscal notes apply: Zero fiscal note, Office of the Governor, 2/15/96 Fiscal note, Dept. of Labor, 1/19/96 Fiscal notes (2), Dept. of Community & Regional Affairs, 1/19/96 HB 435 was referred to the Health, Education & Social Services Committee. REPORTS OF SPECIAL COMMITTEES HCR 25 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE CONCURRENT RESOLUTION NO. 25 Declaring May 15, 1996, 381st Intelligence Squadron Logistics Division Day. The report was signed by Representatives Ivan and Kott, Co-chairs, with the following individual recommendations: Do pass (5): Foster, Ivan, Kott, Willis, Mulder No recommendation (1): Davies The following fiscal note applies: Zero fiscal note, Office of the Governor, 2/15/96 HCR 25 was referred to the State Affairs Committee. 1996-02-15 House Journal Page 2774 HJR 47 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE JOINT RESOLUTION NO. 47 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 47(MLV) (same title) The report was signed by Representatives Ivan and Kott, Co-chairs, with the following individual recommendations: Do pass (6): Willis, Mulder, Foster, Ivan, Kott, Davies The following fiscal note applies to CSHJR 47(MLV): Zero fiscal note, Office of the Governor, 2/15/96 HJR 47 was referred to the State Affairs Committee. HB 179 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 179 An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 179(FSH) (same title) The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (1): G.Davis 1996-02-15 House Journal Page 2775 HB 179 No recommendation (3): Ogan, Elton, Austerman The following fiscal note applies to CSHB 179(FSH): Zero fiscal note, House Special Committee on Fisheries/All Depts., 2/15/96 HB 179 was referred to the Health, Education & Social Services Committee. HB 466 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 466 An Act establishing the Adak Reuse Authority. The report was signed by Representatives Ivan and Kott, Co-chairs, with the following individual recommendations: Do pass (2): Mulder, Foster No recommendation (4): Willis, Ivan, Kott, Davies The following fiscal note applies: Zero fiscal note, Dept. of Military & Veterans Affairs, 2/15/96 HB 466 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Juneau-Douglas High School Women's Basketball Team, 1996 4A State Champions By Senator Duncan; Representatives Elton, Robinson 1996-02-15 House Journal Page 2776 Honoring - Juneau-Douglas High School Men's Basketball Team By Senator Duncan; Representatives Elton, Robinson In Memoriam - Richard L. Silberer By Senator Leman; Representative Toohey In Memoriam - Mary Anastasia Hofseth By Senator Hoffman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 518 HOUSE BILL NO. 518 by the House Labor & Commerce Committee, entitled: An Act exempting certain persons engaged in selling or servicing certain vehicles from overtime wage requirements. was read the first time and referred to the Transportation and Labor & Commerce Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 321 The following was read the second time: HOUSE BILL NO. 321 An Act placing certain persons employed in response to a disaster in the exempt service. with the: Journal Page MLV RPT CS(MLV) 5DP 1688 ZERO FISCAL NOTE (DMVA) 1688 1996-02-15 House Journal Page 2777 HB 321 The following fiscal note was published: Zero fiscal note, Dept. of Military & Veterans Affairs, 2/15/96 A second quorum showed 34 members present. Representatives Austerman, Brown, Moses and Mulder had been previously excused from a call of the House today. 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. 321(MLV) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 321(MLV) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 321(MLV) was read the third time. The question being: Shall CSHB 321(MLV) pass the House? The roll was taken with the following result: CSHB 321(MLV) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Excused: Austerman, Brown, Moses, Mulder 1996-02-15 House Journal Page 2778 HB 321 Absent: Brice, Therriault And so, CSHB 321(MLV) passed the House and was referred to the Chief Clerk for engrossment. HB 370 The following was read the second time: HOUSE BILL NO. 370 An Act relating to the provision of legal services to criminal defendants. with the: Journal Page JUD RPT CS(JUD) NT 4DP 1DNP 1NR 2537 INDETERMINATE FISCAL NOTE (ADM) 2538 2 ZERO FISCAL NOTES (ADM, COURT) 2538 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. 370(JUD) An Act relating to the provision of legal services at public expense. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB 370(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 370(JUD) was read the third time. The question being: Shall CSHB 370(JUD) pass the House? The roll was taken with the following result: 1996-02-15 House Journal Page 2779 HB 370 CSHB 370(JUD) Third Reading Final Passage YEAS: 23 NAYS: 12 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kott, Mackie, Martin, Masek, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Brice, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kohring, Kubina, Long, Navarre, Nicholia, Robinson Excused: Austerman, Brown, Moses, Mulder Absent: Therriault And so, CSHB 370(JUD) passed the House. Representative Kubina gave notice of reconsideration of his vote on CSHB 370(JUD). THIRD READING OF HOUSE BILLS HB 382 The following, which was advanced to third reading from the February 14, 1996, calendar (page 2752), was read the third time: CS FOR HOUSE BILL NO. 382(STA) An Act relating to the Board of Dispensing Opticians; and providing for an effective date. The question being: Shall CSHB 382(STA) pass the House? The roll was taken with the following result: CSHB 382(STA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 1996-02-15 House Journal Page 2780 HB 382 Yeas: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Austerman, Brown, Moses, Mulder And so, CSHB 382(STA) 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 effective date clause. There being no objection, it was so ordered. CSHB 382(STA) was referred to the Chief Clerk for engrossment. HB 404 The following, which was advanced to third reading from the February 14, 1996, calendar (page 2754), was read the third time: CS FOR HOUSE BILL NO. 404(STA) An Act relating to the Board of Chiropractic Examiners; and providing for an effective date. The question being: Shall CSHB 404(STA) pass the House? The roll was taken with the following result: CSHB 404(STA) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-02-15 House Journal Page 2781 HB 404 Excused: Austerman, Brown, Moses, Mulder And so, CSHB 404(STA) 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 effective date clause. There being no objection, it was so ordered. CSHB 404(STA) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 160 The following, which was advanced to third reading from the February 14, 1996, calendar (page 2755), was read the third time: SENATE BILL NO. 160 am An Act excluding certain employment by students from the definition of `employment' in the state employment security laws. The question being: Shall SB 160 am pass the House? The roll was taken with the following result: SB 160 am Third Reading Final Passage YEAS: 25 NAYS: 9 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey Nays: Brice, Davies, B.Davis, Finkelstein, Grussendorf, Kubina, Mackie, Nicholia, Willis Excused: Austerman, Brown, Moses, Mulder Absent: Bunde, Williams 1996-02-15 House Journal Page 2782 SB 160 Mackie changed from "Yea" to "Nay". Grussendorf changed from "Yea" to "Nay". Nicholia changed from "Yea" to "Nay". And so, SB 160 am passed the House. Representative Robinson gave notice of reconsideration of her vote on SB 160 am. 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 - Nancy M. Mendenhall By Representatives Foster, Phillips, Brice, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Sanders, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis; Senator Adams Honoring - Unalakleet Wolfpack Boys Basketball Team By Senator Adams, Representatives B.Davis, Elton, Foster, Green, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Nicholia, Parnell, Sanders, Robinson, Toohey, Williams, Willis In Memoriam - Gustoff Sagoonick By Representatives Foster, Phillips, G.Davis, B.Davis, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Sanders, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis; Senator Adams In Memoriam - Robert E. Hebron By Representatives B.Davis, Phillips, Brice, Brown, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Mackie, Nicholia, Porter, Sanders, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis In Memoriam - Freda Jimmie By Representatives Ivan, Phillips, B.Davis, Elton, Foster, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Sanders, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis; Senator Hoffman 1996-02-15 House Journal Page 2783 In Memoriam - Roy Aceveda, Sr. By Senators Zharoff, Duncan; Representatives Mackie, Phillips, G.Davis, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Nicholia, Sanders, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis 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 Nicholia - from 6:15 a.m., February 16 to 9:21 p.m., plane time, February 23, 1996 HB 460 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 460 An Act establishing a state employee incentive award program. HB 507 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 507 An Act providing for and relating to the issuance of general obligation bonds in the amount of $600,211,000 for the purpose of paying the cost of acquiring, constructing, reconstructing, and equipping public schools and of repair and major maintenance of public school and University of Alaska facilities; and providing for an effective date. ENGROSSMENT HB 321 CSHB 321(MLV) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-02-15 House Journal Page 2784 HB 382 CSHB 382(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 404 CSHB 404(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 38 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 3:25 p.m., February 15, 1996: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS) am S Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. 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., February 16, 1996, for a technical session. There being no objection, the House adjourned at 5:30 p.m. Suzi Lowell Chief Clerk