Legislature(1995 - 1996)

1996-02-22 House Journal

Full Journal pdf

1996-02-22                     House Journal                      Page 2851
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                      Thursday         February 22, 1996         
                                                                               
                               Forty-sixth Day                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:16 a.m.                                                         
                                                                               
Roll call showed 23 members present.  Representatives Barnes, Davies,          
B.Davis, Green, Grussendorf, Kott, Long, Nicholia, Ogan, Robinson              
and Rokeberg had been previously excused from a call of the House              
today.  Representative Sanders was excused due to illness.                     
Representatives Finkelstein, Hanley, Kubina and Martin were absent             
and their presence was noted later.  Representative Austerman was              
absent.                                                                        
                                                                               
The invocation was offered by the Chaplain, Father Peter Gorges of             
the Cathedral of the Nativity of the Blessed Virgin Mary.                      
Representative Brice moved and asked unanimous consent that the                
invocation be spread on the journal.  There being no objection, it             
appears below:                                                                 
                                                                               
Lord God, we never seem to have enough money.  It's                           
influence reaches into almost everything we touch...almost                     
everything.  Local and regional and state needs compete with                   
each other for our resources.  Lord, we are aware that You                     
have blessed this wonderful state of Alaska with an abundance                  
of natural resources...and it has been populated with some                     
first-class human resources.  We come together in this                         
assembly to make some decisions about how this abundance                       
will be used, to meet the various needs of our people.  They                   
expect us to manage their financial interests in such a way,                   
that it does not compromise their moral values.  Help us,                      
Lord, to seize the opportunities to make the best of what we                   
have, without losing a sense of responsibility for the values                  
that we hold dear.  Amen.                                                      

1996-02-22                     House Journal                      Page 2852
The Pledge of Allegiance was led by Representative G.Davis.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 45th legislative day and Senate & House Joint Journal          
Supplement No. 19 be approved as certified by the Chief Clerk.  There          
being no objection, it was so ordered.                                         
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated February 21, 1996, was read stating the Senate has             
passed the following and it is transmitted for consideration:                  
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 158                                                                       
CS FOR SENATE BILL NO. 158(L&C) am by the Senate Labor &                       
Commerce Committee, entitled:                                                  
                                                                               
An Act relating to pharmacists and pharmacies.                                
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report is on file in the Chief Clerk's office:                   
                                                                               
Dept. of Public Safety                                                         
Violent Crimes Compensation Board                                              
22nd Annual Report, 1995                                                       
(as required by AS 18.67.170)                                                  

1996-02-22                     House Journal                      Page 2853
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 498                                                                       
The Transportation Committee has considered:                                   
                                                                               
HOUSE BILL NO. 498                                                            
An Act naming the Bette Cato Bridge in Valdez.                                
                                                                               
The report was signed by Representative G.Davis, Chair, with the               
following individual recommendations:                                          
                                                                               
Do pass (4):  Williams, Long, James, G.Davis                                   
                                                                               
No recommendation (1):  Brice                                                  
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Transportation & Public Facilities, 2/22/96         
                                                                               
HB 498 was referred to the State Affairs Committee and later waived.           
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
HB 118                                                                       
The House Special Committee on Fisheries has considered:                       
                                                                               
HOUSE BILL NO. 118                                                            
An Act relating to seafood marketing, to the definition of                    
seafood for purposes of the Alaska Seafood Marketing Institute,                
and to an aquatic farm product marketing tax; and providing for                
an effective date.                                                             
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 118(FSH)                                                
An Act relating to seafood marketing, to the definition of                    
`seafood' for purposes of the Alaska Seafood Marketing Institute,              
to an aquatic farm product marketing assessment, and to the                    
salmon marketing tax; and providing for an effective date.                     
                                                                               

1996-02-22                     House Journal                      Page 2854
HB 118                                                                       
The report was signed by Representative Austerman, Chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (3): Ogan, Elton, Austerman                                            
                                                                               
No recommendation (1): G.Davis                                                 
                                                                               
The following fiscal notes apply to CSHB 118(FSH):                             
                                                                               
Fiscal note, Dept. of Commerce & Economic Development, 2/22/96                 
Fiscal note, Dept. of Revenue, 2/22/96                                         
                                                                               
HB 118 was referred to the Labor & Commerce Committee.                         
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citation was introduced and referred to the Rules                
Committee for placement on the calendar:                                       
                                                                               
Honoring - Bartlett High School Golden Bears, 4A Boys State                    
Basketball Champions, 1996                                                     
By Senators Leman, Phillips, Kelly; Representatives Martin, Mulder             
                                                                               
                                                                               
**The presence of Representative Finkelstein was noted.                        
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 526                                                                       
HOUSE BILL NO. 526 by the House Labor & Commerce Committee,                    
entitled:                                                                      
                                                                               
An Act relating to the financing authority, programs, operations,             
and projects of the Alaska Industrial Development and Export                   
Authority; providing an exemption from the procurement code for                
certain projects of the authority; and providing for an effective              
date.                                                                          

1996-02-22                     House Journal                      Page 2855
HB 526                                                                       
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
**The presence of Representatives Hanley and Kubina was noted.            ed.  
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 468                                                                       
The following was read the second time:                                        
                                                                               
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.                                                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) 7DP 3AM                                         2802         
                                                                               
Representative Vezey moved and asked unanimous consent the                     
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 468(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Brown:                           
                                                                               
Page 8, line 29:                                                               
Delete $557,300"                                                              
Insert $2,057,300"                                                            
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               

1996-02-22                     House Journal                      Page 2856
HB 468                                                                       
Objection was heard.                                                           
                                                                               
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Hanley:                                                                        
                                                                               
Delete $2,057,300"                                                            
Insert $1,557,300"                                                            
                                                                               
                                                                               
Representative Hanley moved and asked unanimous consent that the               
amendment to Amendment No. 1 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
There being no objection to Amendment No. 1 as amended, it was                 
adopted.                                                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representatives Navarre and Brice:              
                                                                               
Add a new section to read:                                                     
	* Sec. ___ University of Alaska.  (a)  The sum of $462,279                 
is appropriated from the following fund sources to the University              
of Alaska to satisfy the monetary terms of the 1995 collective                 
bargaining agreement between the University of Alaska and the                  
Alaska Classified Employees Association (CEA):                                 
                                                                               
General fund receipts                                      $455,565         
Federal receipts                                              2,576         
U/A dormitory/food/auxiliary service                          1,550         
U/A student tuition/fees/services                             1,188         
University receipts                                           1,400         
                                                                               
	(b)  The sum of $506,422 is appropriated from the following                  
fund sources to the University of Alaska to satisfy the monetary               
terms of the 1995 collective bargaining agreement between the                  
University of Alaska and the Alaska Community College                          
Federation of Teachers (ACCFT):                                                
                                                                               
                                                                               

1996-02-22                     House Journal                      Page 2857
HB 468                                                                       
General fund receipts                                      $473,039         
Federal receipts                                              2,129         
U/A student tuition/fees/services                            26,688         
University receipts                                           4,566         
                                                                               
Renumber sections accordingly.                                                
                                                                               
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Hanley objected.                                                
                                                                               
**The presence of Representative Martin was noted.                             
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 468(FIN) am                                                               
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  9   NAYS:  18   EXCUSED:  12   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Elton, Finkelstein, Kubina, Mackie, Navarre,              
Williams, Willis                                                               
                                                                               
Nays:  Bunde, G.Davis, Foster, Hanley, Ivan, James, Kelly, Kohring,            
Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Therriault,           
Toohey, Vezey                                                                  
                                                                               
Excused:  Barnes, Davies, B.Davis, Green, Grussendorf, Kott, Long,             
Nicholia, Ogan, Robinson, Rokeberg, Sanders                                    
                                                                               
Absent:  Austerman                                                             
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Foster:                          
                                                                               

1996-02-22                     House Journal                      Page 2858
HB 468                                                                       
Page 8, line 26:                                                               
	Delete "$1,480,500"                                                           
	Insert "$6,500,000"                                                           
                                                                               
Representative Foster moved and asked unanimous consent that                   
Amendment No. 3 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 3 was adopted.                                                   
                                                                               
The Speaker stated that CSHB 468(FIN) am will be in third reading on           
the February 26, 1996, calendar.                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 172                                                                       
The following, which was advanced to third reading from the February           
21, 1996, calendar (page 2838), was read the third time:                       
                                                                               
HOUSE BILL NO. 172 am                                                         
An Act relating to kindergarten programs and compulsory                       
education; to identification required upon enrollment in a public              
school; to those grades that constitute elementary, junior, and                
secondary school; and providing for an effective date.                         
                                                                               
Representative Brown moved and asked unanimous consent that                    
HB172 am be returned to second reading for the specific purpose of             
considering Amendment No. 6.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 6 was offered  by Representatives Brown, Green and                
Bunde:                                                                         
                                                                               
Page 2, line 25:                                                               
     Delete "Every"                                                            
     Insert "Except as provided under (b) of this section, a               
[EVERYß"                                                                       
                                                                               
Page 2, line 26:                                                               
     Delete "at the"                                                           
     Insert "at a ªTHEß"                                                   

1996-02-22                     House Journal                      Page 2859
HB 172                                                                       
Representative Brown moved and asked unanimous consent that                    
Amendment No. 6 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 6 was adopted.                                                   
                                                                               
                                                                               
Representative Bunde moved and asked unanimous consent that                    
HB172 am be returned to second reading for the specific purpose of             
considering Amendment No.  7.  There being no objection, it was so             
ordered.                                                                       
                                                                               
Amendment No. 7 was offered  by Representative Bunde:                           
                                                                               
Page 2, line 22:                                                               
Delete year ª, AND WHO IS UNDER SCHOOL AGE,ß                                  
Insert term ªYEAR, AND WHO IS UNDER SCHOOL AGE,ß                          
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 7 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The question being:  Shall HB 172 am pass the House?  The roll                 
was taken with the following result:                                           
                                                                               
HB 172 am                                                                      
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  20   NAYS:  7   EXCUSED:  12   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Bunde, G.Davis, Elton, Finkelstein, Foster, Ivan,         
James, Kubina, Mackie, Masek, Moses, Mulder, Navarre, Phillips,                
Porter, Toohey, Williams, Willis                                               
                                                                               
Nays:  Hanley, Kelly, Kohring, Martin, Parnell, Therriault, Vezey              
                                                                               
Excused:  Barnes, Davies, B.Davis, Green, Grussendorf, Kott, Long,             
Nicholia, Ogan, Robinson, Rokeberg, Sanders                                    
                                                                               
Absent:  Austerman                                                             
                                                                               

1996-02-22                     House Journal                      Page 2860
HB 172                                                                       
And so, lacking the necessary 21 votes, HB 172 am failed to pass the           
House.                                                                         
                                                                               
Representative Navarre gave notice of reconsideration of his vote on           
HB 172 am(fld H).                                                              
                                                                               
                                                                               
                            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 - Anchorage Kiwanis Club, 50 Year Anniversary                         
By Representatives Martin, Phillips, Brice, Brown, Bunde, Davies,              
B.Davis, Elton, Hanley, Ivan, James, Kohring, Kott, Long, Mackie,              
Mulder, Navarre, Ogan, Parnell, Porter, Rokeberg, Sanders, Therriault,         
Toohey, Vezey, Willis                                                          
                                                                               
Honoring - Service High School, Cross Country Running Teams                    
By Representatives Green, Bunde, Davies, B.Davis, Elton, Hanley,               
Ivan, James, Kohring, Kott, Long, Mackie, Masek,  Mulder, Navarre,             
Ogan, Parnell,  Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey,            
Willis                                                                         
                                                                               
                                                                               
In Memoriam - Yukla 27 - Providing Eternal Vigilance                           
By Representatives Martin, Phillips, Barnes, Bunde, Davies, B.Davis,           
Elton, Foster, Ivan, James,  Kott, Long, Mackie, Masek, Mulder, Ogan,          
Rokeberg, Sanders, Vezey, 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 B.Davis - from 6:00 a.m., March 1 to 10:05 p.m., plane          
time, March 5, 1996                                                            
                                                                               

1996-02-22                     House Journal                      Page 2861
Representative Barnes - from 6:00 p.m., February 29 to 9:25 p.m.,              
plane time, March 6, 1996                                                      
                                                                               
Representative Kohring - from 1:45 p.m., February 25 to 5:50 p.m.,             
plane time, February 26, 1996 (amended from page 2585)                         
                                                                               
Representative Hanley - from 1:45 p.m., February 25 to 5:50 p.m.,              
plane time, February 26, 1996 (amended from page 2633)                         
                                                                               
Representative Ivan - from 5:15 p.m., February 29 to 9:30 p.m., plane          
time, March 5, 1996                                                            
                                                                               
Representative Toohey - from 6:00 p.m., March 14 to 9:21 p.m., plane           
time, March 17, 1996                                                           
                                                                               
Representative Therriault - from 6:50 p.m., February 22 to 9:25 a.m.,          
plane time, February 26, 1996                                                  
                                                                               
Representative Austerman - from 6:30 p.m., February 22 to 9:21 p.m.,           
plane time, February 25, 1996                                                  
                                                                               
                                                                               
HB 390                                                                       
The Speaker waived the State Affairs Committee referral on the                 
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 390                                                            
An Act relating to the nonresident anadromous king salmon tag                 
and the anadromous king salmon stamp; requiring nonresident                    
alien sport fishermen to be accompanied by a sport fishing guide;              
and providing for an effective date.                                           
                                                                               
HB 390 was removed from the State Affairs Committee and referred               
to the House Special Committee on Fisheries.                                   
                                                                               
HB 498                                                                       
The Speaker waived the State Affairs Committee referral on the                 
following at the request of Representative James, Chair:                       
                                                                               
HOUSE BILL NO. 498                                                            
An Act naming the Bette Cato Bridge in Valdez.                                
                                                                               

1996-02-22                     House Journal                      Page 2862
HB 498                                                                       
HB 498 was removed from the State Affairs Committee and referred               
to the Rules Committee for placement on the calendar.                          
                                                                               
                                                                               
HB 458                                                                       
Representatives Navarre and Davies 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                                                                       
Representative Davies added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 460                                                            
An Act establishing a state employee incentive award program.                 
                                                                               
                                                                               
HB 490                                                                       
Representative Elton added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 490                                                            
An Act relating to grants and other financial assistance authorized           
or made by the Alaska Science and Technology Foundation for the                
BIDCO assistance program.                                                      
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 459                                                                       
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. 459(JUD) am                                             
An Act relating to the jurisdiction governing a trust, to challenges          
to trusts or property transfers in trust, to the validity of trust             
interests, and to transfers of certain trust interests.                        
                                                                               

1996-02-22                     House Journal                      Page 2863
                                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 23, 1996, for a technical             
session.  There being no objection, the House adjourned at 11:22 a.m.          
                                                                               
											Suzi Lowell                                                         
											Chief Clerk