Legislature(1995 - 1996)
1996-02-19 House Journal
Full Journal pdf1996-02-19 House Journal Page 2799 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 19, 1996 Forty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:08 a.m. Roll call showed 34 members present. Representatives Austerman, Moses and Nicholia had been previously excused from a call of the House today. Representatives Hanley, Kubina and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Father Peter Gorges of the Cathedral of the Nativity of the Blessed Virgin Mary. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty God, You are the Lord of creation, and the author of life. You have gathered us together in this assembly to participate in Your ongoing work of creation, and to enhance the lives of those whom we represent. Bless us, oh Lord, with the clarity of vision, to see what is best for this wonderful state of Alaska. Bless us, oh Lord, with the ability to use the great financial and natural resources of this state, to serve the best interest of all of our people. Bless us, oh Lord, with committee work which adequately explores all the ramifications of pending legislation. Bless us, oh Lord, with the courage to vote Yes, when a good bill is on the floor...and No, when a bad idea has to be exposed for the harm that it can do. Amen. The Pledge of Allegiance was led by Representative Grussendorf. 1996-02-19 House Journal Page 2800 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 39th, 40th, 41st and 42nd legislative days and House & Senate Joint Journal Supplement No. 18 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated February 19, 1996, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following name for legislative confirmation of appointment to the position noted. The following appointment was referred to the Labor & Commerce Committee. Alcoholic Beverage Control Board Joseph J. Thomas, Jr. - Juneau Appointed: 02/14/96 Expires: 01/31/99 A resume for the appointment is on file in the Chief Clerk's office. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Transportation & Public Facilities Alaska Marine Highway System Fund Annual Financial Report For Fiscal Year July 1, 1994 - June 30, 1995 (as required by AS 19.65.080) REPORTS OF STANDING COMMITTEES HB 339 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 339 An Act relating to the termination of parental rights of incarcerated parents. 1996-02-19 House Journal Page 2801 HB 339 and recommends it be replaced with: CS FOR HOUSE BILL NO. 339(HES) An Act relating to children-in-need-of-aid proceedings, including proceedings to terminate parental rights of incarcerated parents; and providing for an effective date. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Rokeberg, Toohey, Robinson No recommendation (3): G.Davis, Bunde, Brice The following fiscal note applies to CSHB 339(HES): Zero fiscal note, Dept. of Health & Social Services, 2/19/96 HB 339 was referred to the State Affairs Committee. HB 386 The Resources Committee has considered: HOUSE BILL NO. 386 An Act relating to cruelty to animals and the provision of food and water to confined or impounded animals. and recommends it be replaced with: CS FOR HOUSE BILL NO. 386(RES) An Act relating to cruelty to animals and to the power of first and second class boroughs to prohibit cruelty to animals. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (2): Davies, Austerman No recommendation (4): Nicholia, Long, Kott, Green 1996-02-19 House Journal Page 2802 HB 386 Amend (1): Williams The following fiscal notes apply to CSHB 386(RES): Fiscal note, Dept. of Public Safety, 2/19/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/19/96 HB 386 was referred to the Judiciary Committee. HB 468 The Finance Committee has considered: HOUSE BILL NO. 468 An Act making supplemental appropriations for the expenses of state government and making and amending appropriations; ratifying certain state expenditures; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 468(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Parnell, Martin, Kelly, Therriault, Kohring Amend (3): Grussendorf, Navarre, Brown HB 468 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 476 The House Special Committee on Military & Veterans Affairs has considered: 1996-02-19 House Journal Page 2803 HB 476 HOUSE BILL NO. 476 An Act establishing YUKLA 27 Remembrance Day. and recommends it be replaced with: CS FOR HOUSE BILL NO. 476(MLV) (same title) The report was signed by Representatives Ivan and Kott, Co-chairs, with the following individual recommendations: Do pass (5): Willis, Mulder, Foster, Ivan, Kott No recommendation (1): Davies The following fiscal note applies to CSHB 476(MLV): Zero fiscal note, Office of the Governor, 2/19/96 HB 476 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Blanche Walters By Representative Foster Honoring - Noorvik Bears Boys Basketball Team, Class 1A State Champions By Representative Long; Senator Adams Commemorating - Black History Month By Representative B.Davis Celebrating - The Whale Fat Follies' First Decade By Senators Donley, Duncan, Ellis, Hoffman, Kelly, Pearce, Rieger, Sharp, Taylor, Zharoff 1996-02-19 House Journal Page 2804 In Memoriam - Robert Michael Brogan By Representative Foster In Memoriam - William Thomas Dunn By Representatives Elton, Robinson; Senator Duncan In Memoriam - Robert Rolland Army Armstrong By Representative Vezey In Memoriam - Chuck Hinde By Representatives Davies, Vezey, Phillips, Kelly, Brice, James, Therriault, Nicholia; Senator Sharp **The presence of Representative Hanley was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 521 HOUSE BILL NO. 521 by the House Labor & Commerce Committee by request, entitled: An Act relating to optometry and optometrists. was read the first time and referred to the Health, Education & Social Services and Labor & Commerce Committees. HB 522 HOUSE BILL NO. 522 by the House Labor & Commerce Committee by request, entitled: An Act relating to employer drug and alcohol testing programs. was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. 1996-02-19 House Journal Page 2805 HB 523 HOUSE BILL NO. 523 by the House Judiciary Committee, entitled: An Act expressing the state's policy with respect to sobriety. was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 190 The following was read the second time: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. with the: Journal Page RES RPT 5DP 2NR 2748 SENATE ZERO FN (DNR) 2/2/96 2748 Representative Vezey moved and asked unanimous consent that CSSB190(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 190(RES) am was read the third time. **The presence of Representative Therriault was noted. The question being: Shall CSSB 190(RES) am pass the House? The roll was taken with the following result: CSSB 190(RES) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 1996-02-19 House Journal Page 2806 SB 190 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Austerman, Moses, Nicholia Absent: Kubina And so, CSSB 190(RES) am passed the House. Representative Mackie later gave notice of reconsideration of his vote on CSSB 190(RES) am, and the reconsideration was taken up then. SECOND READING OF HOUSE RESOLUTIONS HJR 52 The following was read the second time: HOUSE JOINT RESOLUTION NO. 52 Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. with the: Journal Page STA RPT 6DP 1NR 2563 ZERO FISCAL NOTE (LAW) 2564 JUD RPT CS(JUD) 6DP 1NR 2641 ZERO FISCAL NOTE (LAW) 1/30/96 2641 **The presence of Representative Kubina was noted. Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) (same title) There being no objection, it was so ordered. 1996-02-19 House Journal Page 2807 HJR 52 Amendment No. 1 was offered by Representative Davies: Page 2, line 30: Delete H.R. 2935 and its Page 3, lines 2 and 3: Delete be it FURTHER RESOLVED that the Alaska State Legislature Page 3, line 4: Delete pass H.R. 2935 Insert act Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that CSHJR 52(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 52(JUD) am was read the third time. The question being: Shall CSHJR 52(JUD) am pass the House? The roll was taken with the following result: CSHJR 52(JUD) am Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: 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, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-02-19 House Journal Page 2808 HJR 52 Excused: Austerman, Moses, Nicholia And so, CSHJR 52(JUD) am passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 190 Representative Mackie gave notice of reconsideration of his vote on CSSB 190(RES) am (page 2806). Representative Mackie moved and asked unanimous consent that the reconsideration of CSSB 190(RES) am be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. The question to be reconsidered: Shall CSSB 190(RES) am pass the House? The roll was taken with the following result: CSSB 190(RES) am--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: 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, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Austerman, Moses, Nicholia And so, CSSB 190(RES) am passed the House on reconsideration, was signed by the Speaker and the Chief Clerk and returned to the Senate. 1996-02-19 House Journal Page 2809 HB 370 Representative Kubina brought up reconsideration of the vote on CSHB370(JUD) (page 2779). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 370(JUD) An Act relating to the provision of legal services at public expense. The question to be reconsidered: Shall CSHB 370(JUD) pass the House? The roll was taken with the following result: CSHB 370(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 11 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Navarre, Robinson Excused: Austerman, Moses, Nicholia And so, CSHB 370(JUD) passed the House on reconsideration 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 citations were approved and sent to enrolling: Honoring - Father Francis W. McGuigan By Representatives Brice, Davies, Kelly, Kubina, Long, Martin, Navarre, Ogan, Therriault, Vezey 1996-02-19 House Journal Page 2810 Honoring - Juneau-Douglas High School Women's Basketball Team, 1996 4A State Champions By Senator Duncan; Representatives Elton, Robinson, Phillips, Davies, B.Davis, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Rokeberg, Sanders, Toohey, Williams, Willis Honoring - Juneau-Douglas High School Men's Basketball Team By Senator Duncan; Representatives Elton, Robinson, Phillips, B.Davis, G.Davis, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Sanders, Toohey, Williams, Willis In Memoriam - Richard L. Silberer By Senator Leman; Representatives Toohey, Phillips, Davies, B.Davis, Elton, Foster, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Vezey, Williams, Willis In Memoriam - Mary Anastasia Hofseth By Senator Hoffman; Representatives Phillips, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis 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 Kott - from 6:00 a.m., February 22 to 9:20 p.m., plane time, February 25, 1996 Representative Barnes - from 6:00 p.m., February 21 to 9:21 p.m., plane time, February 25, 1996 Representative Masek - from 12:30 p.m., February 22 to 9:25 a.m., plane time, February 26, 1996; and, from 12:30 p.m., March 8 to 9:25 a.m., plane time, March 11, 1996 1996-02-19 House Journal Page 2811 Representative Moses - from 6:00 a.m., February 23 to 9:30 p.m., plane time, February 26, 1996 Representative Rokeberg - from 6:00 p.m., February 22 to 9:25 a.m., plane time, February 26, 1996; and, from 6:00 a.m., March 1 to 10:05 p.m., plane time, March 5, 1996 Representative Long - from 5:30 a.m., February 22 to 9:25 a.m., plane time, February 26, 1996 Representative Parnell - from 6:00 a.m., February 23 to 1:45 p.m., plane time, February 25, 1996 Representative Sanders - from 12:30 p.m., February 29 to 9:30 a.m., plane time, March 6, 1996 Representative Mackie - from 12:30 p.m., March 1 to 9:25 a.m., plane time, March 6, 1996; and, from 6:00 a.m., March 15 to 10:00 p.m., plane time, March 17, 1996 Representative Willis - from 5:30 a.m., March 1 to 10:00 p.m., plane time, March 11, 1996 Representative Robinson - from 5:15 p.m., March 28 to 10:00 p.m., plane time, March 29, 1996 HB 357 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: 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. HB 357 was removed from the Finance Committee and was referred to the Rules Committee for placement on the calendar. 1996-02-19 House Journal Page 2812 HJR 52 Representatives Mulder and James added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 52(JUD) am Relating to the creation of a new United States Court of Appeals for the Twelfth Circuit. HB 276 Representative Elton added his name as cosponsor to: HOUSE BILL NO. 276 An Act relating to legislative per diem; and providing for an effective date. HB 365 Representative James added her name as cosponsor to: HOUSE BILL NO. 365 An Act relating to the offense of possession of tobacco by a minor. HB 447 Representative Williams removed his name as cosponsor to: HOUSE BILL NO. 447 An Act providing that state land, water, and land and water may not be classified so as to preclude or restrict traditional means of access for traditional recreational uses. HB 458 Representatives Kubina, Brown and Willis added their names as cosponsors to: HOUSE BILL NO. 458 An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. HB 460 Representatives Kubina and Long added their names as cosponsors to: HOUSE BILL NO. 460 An Act establishing a state employee incentive award program. 1996-02-19 House Journal Page 2813 HB 487 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 487 An Act amending the Uniform Residential Landlord and Tenant Act and the civil remedy of forcible entry and detainer as they relate to mobile home park operators and mobile home park dwellers and tenants. HB 488 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 488 An Act relating to matching funds requirements for municipal school construction grants. SB 26 Representative Phillips added her name as cross sponsor to: CS FOR SENATE BILL NO. 26(FIN) An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. SB 190 Representative Therriault added his name as cross sponsor to: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. SB 160 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 160 am An Act excluding certain employment by students from the definition of `employment' in the state employment security laws. 1996-02-19 House Journal Page 2814 ENGROSSMENT HJR 52 CSHJR 52(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 370 CSHB 370(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Joint Session State of the Judiciary 11:00 a.m., 2/21 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 21, 1996. There being no objection, the House adjourned at 12:32 p.m. Suzi Lowell Chief Clerk