Legislature(1995 - 1996)
1996-02-22 House Journal
Full Journal pdf1996-02-22 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