Legislature(1995 - 1996)
1996-02-29 House Journal
Full Journal pdf1996-02-29 House Journal Page 2947 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 29, 1996 Fifty-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:10 a.m. Roll call showed 39 members present. Representative B.Davis was later excused due to illness. The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father: We need You to bring out the good side in us. Exaggerate anything You see that looks like You. Polish up Your image inside each of us. Accentuate anything in us that reminds You of Your Son. Alert us to our assigned battle stations in life and help us to develop and use the gifts and abilities You have given to us. Help us, O God, to remember that, though we can only see on the outside, You look on the heart. Remind us in terms that we can hold on to, that You are more concerned with what is under the hood than with our paint job, pinstripes and hubcaps. Amen. 1996-02-29 House Journal Page 2948 The Pledge of Allegiance was led by Representative Kohring. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 52nd legislative day be approved as certified by the Chief Clerk. Representative Navarre placed a call of the House and lifted the call. Representative Brown placed a call of the House. Representative Vezey moved and asked unanimous consent that Representative B.Davis be excused due to illness. There being no objection, it was so ordered. The call was satisfied. The Speaker ordered the House at ease to allow members of the Senate to enter the House Chamber. JOINT SESSION IN THE HOUSE Speaker Phillips called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Pearce who called the joint session to order at 10:37 a.m. The purpose of the joint session was to consider the Governors Executive Orders. A roll call of the House showed 39 members present. Representative B.Davis had been previously excused from a call of the House today. A roll call of the Senate showed 15 members present. Senators Donley, Duncan, Ellis, Hoffman and Lincoln had been previously excused from a call of the Senate today. 1996-02-29 House Journal Page 2949 SSCR 1 Senator Halford moved that the joint session approve: SENATE SPECIAL CONCURRENT RESOLUTION NO. 1 Disapproving Executive Order No. 92. Representative Mackie objected. Senator Halford placed a call of the joint session on all the special resolutions. The call was satisfied. SSCR 1 was read the second time. The question being: Shall the joint session pass SSCR 1? The roll of the House was taken with the following result: HOUSE SSCR 1 Second Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Davies, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: B.Davis Davies changed from "Nay" to "Yea". Brice changed from "Nay" to "Yea". The roll of the Senate was called with the following result: 1996-02-29 House Journal Page 2950 SSCR 1 SENATE SSCR 1 Second Reading Final Passage YEAS: 12 NAYS: 3 EXCUSED: 5 ABSENT: 0 Yeas: Green, Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Frank, Pearce Nays: Salo, Zharoff, Adams Excused: Hoffman, Lincoln, Donley, Duncan, Ellis TOTAL: YEAS: 40 NAYS: 14 EXCUSED: 6 ABSENT: 0 And so, the joint session passed SSCR 1. SSCR 1 was signed by the President and Secretary of the Senate and the Speaker and the Chief Clerk of the House and was referred to the Secretary for engrossment and enrollment. SSCR 2 Senator Halford moved that the joint session approve: SENATE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 95. Senator Adams objected. SSCR 2 was read the second time. Representative Barnes rose to a point of order citing Masons Manual, Section 102.5. The President cautioned members to proceed in order. The question being: Shall the joint session pass SSCR 2? The roll of the Senate was called with the following result: 1996-02-29 House Journal Page 2951 SSCR 2 SENATE SSCR 2 Second Reading Final Passage YEAS: 12 NAYS: 3 EXCUSED: 5 ABSENT: 0 Yeas: Halford, Kelly, Leman, Miller, R.Phillips, Rieger, Sharp, Taylor, Torgerson, Frank, Green, Pearce Nays: Salo, Zharoff, Adams Excused: Hoffman, Lincoln, Donley, Duncan, Ellis The roll of the House was taken with the following result: HOUSE SSCR 2 Second Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: B.Davis TOTAL: YEAS: 38 NAYS: 16 EXCUSED: 6 ABSENT: 0 And so, the joint session passed SSCR 2. SSCR 2 was signed by the President and Secretary of the Senate and the Speaker and the Chief Clerk of the House and was referred to the Secretary for engrossment and enrollment. 1996-02-29 House Journal Page 2952 SSCR 3 Senator Halford moved that the joint session approve: SENATE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 97. Objections were heard. SSCR 3 was read the second time. Representative Barnes rose to a point of order citing Masons Manual Section 112 regarding reading material without requesting the consent of the body. The President stated the point was well taken and allowed the members to continue in order. The question being: Shall SSCR 3 pass the joint session? The roll of the House was taken with the following result: HOUSE SSCR 3 Second Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: B.Davis The roll of the Senate was called with the following result: 1996-02-29 House Journal Page 2953 SSCR 3 SENATE SSCR 3 Second Reading Final Passage YEAS: 11 NAYS: 4 EXCUSED: 5 ABSENT: 0 Yeas: Kelly, Leman, Miller, Rieger, Sharp, Taylor, Torgerson, Frank, Green, Halford, Pearce Nays: R.Phillips, Salo, Zharoff, Adams Excused: Hoffman, Lincoln, Donley, Duncan, Ellis TOTAL: YEAS: 37 NAYS: 17 EXCUSED: 6 ABSENT: 0 And so, the joint session passed SSCR 3. SSCR 3 was signed by the President and Secretary of the Senate and the Speaker and the Chief Clerk of the House and was referred to the Secretary for engrossment and enrollment. Senator Halford moved and asked unanimous consent that the joint session adjourn. There being no objection, President Pearce adjourned the joint session at 12:03 p.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 12:04 p.m. The Speaker stated the House would stand at ease until 12:30 p.m.; and so the House stood at ease at 12:05 p.m. 1996-02-29 House Journal Page 2954 AFTER AT EASE The Speaker called the House back to order at 12:45 p.m. A second quorum call showed 21 members present. Representative Long had been previously excused from a call of the House after 12:30 p.m. CERTIFICATION OF THE JOURNAL The House was under a call. Representative Brown lifted the call. Objection to certification of the journal (page 2948) was withdrawn. There being no further objection, it was so ordered. MESSAGES FROM THE SENATE HJR 24 A message dated February 28, 1996, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 24(FSH) Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. CSHJR 24(FSH) was referred to the Chief Clerk for enrollment. HB 38 A message dated February 28, 1996, was read stating the Senate has passed CSHB 38(JUD) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S An Act relating to criminal sentencing; relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for 1996-02-29 House Journal Page 2955 HB 38 offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35. CSHB 38(JUD) am is under Unfinished Business. HB 127 A message dated February 28, 1996, was read stating the Senate has passed CSHB 127(JUD) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 127(JUD) An Act relating to penalties for certain offenses committed against a peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responders. CSHB 127(JUD) is under Unfinished Business. FIRST READING AND REFERENCE OF SENATE BILLS SB 168 SENATE BILL NO. 168 by the Senate Labor & Commerce Committee by request, entitled: An Act relating to financial institutions. was read the first time and referred to the Labor & Commerce and Finance Committees. SB 197 CS FOR SENATE BILL NO. 197(L&C) by the Senate Labor & Commerce Committee, entitled: An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. 1996-02-29 House Journal Page 2956 SB 197 was read the first time and referred to the Labor & Commerce and Finance Committees. REPORTS OF STANDING COMMITTEES HJR 49 The Transportation Committee has considered: HOUSE JOINT RESOLUTION NO. 49 Proposing amendments to the Constitution of the State of Alaska creating a highway fund. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 49(TRA) Proposing amendments to the Constitution of the State of Alaska creating a transportation fund. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (2): Williams, G.Davis No recommendation (2): Brice, Long Amend (1): James The following fiscal notes apply to CSHJR 49(TRA): Fiscal note, Dept. of Transportation & Public Facilities, 2/29/96 Fiscal note, Dept. of Transportation & Public Facilities, 2/2/96 HJR 49 was referred to the Finance Committee. HB 373 The Health, Education & Social Services Committee has considered: 1996-02-29 House Journal Page 2957 HB 373 HOUSE BILL NO. 373 An Act relating to educational benefits for family members of deceased members of the armed services. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): G.Davis, Rokeberg, Toohey, Robinson No recommendation (3): Bunde, Vezey, Brice The following fiscal note applies: Fiscal note, University of Alaska, 2/29/96 HB 373 was referred to the Finance Committee. HB 386 The Judiciary 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(JUD) 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 Porter, Chair, with the following individual recommendations: Do pass (5): Finkelstein, B.Davis, Toohey, Porter, Bunde The following fiscal notes apply to CSHB 386(JUD): Fiscal note, Dept. of Public Safety, 2/19/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/19/96 1996-02-29 House Journal Page 2958 HB 386 HB 386 was referred to the Finance Committee. HB 391 The Judiciary Committee has considered: HOUSE BILL NO. 391 An Act relating to succession to assets and liabilities of dissolved municipalities. and recommends it be replaced with: CS FOR HOUSE BILL NO. 391(CRA) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: No recommendation (5): Porter, Vezey, Green, Bunde, Toohey The following fiscal notes apply to CSHB 391(CRA): Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Dept. of Law, 2/9/96 Zero fiscal note, Dept. of Natural Resources, 2/9/96 HB 391 was referred to the Finance Committee. HB 428 The Finance Committee has considered: HOUSE BILL NO. 428 An Act giving notice of and approving a lease-purchase agreement for construction and operation of a correctional facility in the Third Judicial District, and setting conditions and limitations on the facilitys construction and operation. and recommends it be replaced with: 1996-02-29 House Journal Page 2959 HB 428 CS FOR HOUSE BILL NO. 428(FIN) An Act relating to the authority of the Department of Corrections to contract for facilities for the confinement and care of prisoners, and annulling a regulation of the Department of Corrections that limits the purposes for which an agreement with a private agency may be entered into; and giving notice of and approving a lease- purchase agreement for the design, construction, and operation of a correctional facility in the Third Judicial District, and setting conditions and limitations on the facilitys design, construction, and operation. The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (4): Mulder, Kohring, Kelly, Foster Do not pass (3): Grussendorf, Brown, Navarre No recommendation (2): Parnell, Therriault The following fiscal notes apply to CSHB 428(FIN): Fiscal note, Dept. of Corrections, 2/29/96 Zero fiscal note, Dept. of Revenue, 2/5/96 HB 428 was referred to the Rules Committee for placement on the calendar. SB 178 The Labor & Commerce Committee has considered: SENATE BILL NO. 178(title am) 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. The report was signed by Representative Kott, Chair, with the following individual recommendations: 1996-02-29 House Journal Page 2960 SB 178 Do pass (4): Sanders, Kubina, Rokeberg, Kott No recommendation (3): Masek, Porter, Elton The following fiscal note applies: Senate zero fiscal note, Dept. of Commerce & Economic Development, 1/10/96 SB 178(title am) was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HJR 51 The House Special Committee on Fisheries has considered: HOUSE JOINT RESOLUTION NO. 51 Proposing an amendment to the Constitution of the State of Alaska relating to limited entry for sport fish guides and allied professions. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 51(FSH) (same title) The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (3): Ogan, G.Davis, Austerman No recommendation (2): Elton, Moses The following fiscal notes apply to CSHJR 51(FSH): Fiscal note, Office of the Governor, 2/21/96 Zero fiscal note, Dept. of Law, 2/21/96 HJR 51 was referred to the Judiciary Committee. 1996-02-29 House Journal Page 2961 HB 519 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 519 An Act making an appropriation to the Department of Public Safety for the construction or the purchase and upgrade of a fishery law enforcement vessel; and providing for an effective date. The report was signed by Representative Austerman, Chair, with the following individual recommendations: Do pass (4): Elton, Moses, Austerman, Ogan No recommendation (1): G.Davis HB 519 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 - Charles W. Lamica By Representatives Robinson, Elton; Senator Duncan In Memoriam - James L. Diamond Jim Fisk By Representative Austerman; Senator Zharoff In Memoriam - Bojer Wikan By Senator Taylor; Representative Grussendorf In Memoriam - Steve Seley, Sr. By Senator Taylor; Representative Williams In Memoriam - Charlene Parent By Senator Zharoff In Memoriam - Chester H. Wilhelm By Senator Torgerson; Representative G.Davis 1996-02-29 House Journal Page 2962 In Memoriam - George Olson By Senator Phillips; Representative Willis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 15 SPONSOR SUBSTITUTE FOR HOUSE CONCURRENT RESOLUTION NO. 15 by Representatives Nicholia, B.Davis, Brice, Long, Brown, Ivan, Parnell and Foster: Relating to Alcohol-Related Birth Defects Awareness Week. was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 535 HOUSE BILL NO. 535 by the House Health, Education & Social Services Committee, entitled: An Act relating to postsecondary education. was read the first time and referred to the Health, Education & Social Services Committee. HB 536 HOUSE BILL NO. 536 by the House Finance Committee, entitled: An Act relating to charitable gaming. was read the first time and referred to the Judiciary Committee. HB 537 HOUSE BILL NO. 537 by the House Resources Committee, entitled: 1996-02-29 House Journal Page 2963 HB 537 An Act renaming the division of geological and geophysical surveys in the Department of Natural Resources as the department's division of mining and geology, and revising the duties of the state geologist within that division; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 322 The following was read the second time: HOUSE BILL NO. 322 An Act authorizing grants for temporary housing assistance during emergencies and disasters. with the: Journal Page MLV RPT 5DP 1664 ZERO FISCAL NOTE (DMVA) 1664 FIN RPT CS(FIN) 9DP 2679 ZERO FISCAL NOTE (DMVA) 2679 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. 322(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB322(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-02-29 House Journal Page 2964 HB 322 CSHB 322(FIN) was read the third time. The question being: Shall CSHB 322(FIN) pass the House? The roll was taken with the following result: CSHB 322(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Long And so, CSHB 322(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 361 The following was read the second time: 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. with the: Journal Page CRA RPT 6DP 1NR 2482 2 ZERO FNS (ADM, DCRA) 2482 STA RPT 3DP 2NR 2680 ZERO FISCAL NOTE (DCRA) 2680 ZERO FISCAL NOTE (ADM) 1/19/96 2680 FIN RPT 4DP 3NR 2771 ZERO FISCAL NOTE (CRA) 2/9/96 2771 ZERO FISCAL NOTE (ADM) 1/19/96 2771 1996-02-29 House Journal Page 2965 HB 361 Representative Vezey moved and asked unanimous consent that HB361 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 361 was read the third time. The question being: Shall HB 361 pass the House? The roll was taken with the following result: HB 361 Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Martin, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Kelly, Masek, Moses, Ogan, Rokeberg, Sanders Excused: B.Davis, Long And so, HB 361 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. Representative Rokeberg gave notice of reconsideration of his vote on HB 361. THIRD READING OF HOUSE BILLS HB 241 The following, which was advanced to third reading from the February 28, 1996, calendar (page 2917), was read the third time: 1996-02-29 House Journal Page 2966 HB 241 CS FOR HOUSE BILL NO. 241(STA) An Act relating to the use of a state candidate's campaign account and to assets owned by a state campaign; and providing for an effective date. The question being: Shall CSHB 241(STA) pass the House? The roll was taken with the following result: CSHB 241(STA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Long And so, CSHB 241(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. Representative Finkelstein gave notice of reconsideration of his vote on CSHB 241(STA). ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 2/29 The Speaker stated the House would stand at ease for 15 minutes; and so, the House stood at ease at 1:38 p.m. 1996-02-29 House Journal Page 2967 AFTER AT EASE The House was called back to order at 1:56 p.m. THIRD READING OF HOUSE BILLS (continued) HB 307 The following, which was advanced to third reading from the February 28, 1996, calendar (page 2930), was read the third time: CS FOR HOUSE BILL NO. 307(FIN) An Act relating to accounting for charitable gaming proceeds; providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; and providing for an effective date. Representative Robinson placed a call of the House. The Speaker stated the call was satisfied. The question being: Shall CSHB 307(FIN) pass the House? The roll was taken with the following result: CSHB 307(FIN) Third Reading Final Passage YEAS: 21 NAYS: 17 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Ogan, Parnell, Porter, Rokeberg, Therriault, Toohey, Vezey Nays: Barnes, Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Mulder, Navarre, Nicholia, Phillips, Robinson, Sanders, Williams, Willis 1996-02-29 House Journal Page 2968 HB 307 Excused: B.Davis, Long And so, CSHB 307(FIN) passed the House. Representative Vezey moved that the effective date clause be adopted. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSHB 307(FIN) Third Reading Effective Date YEAS: 36 NAYS: 2 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Barnes, Davies Excused: B.Davis, Long And so, the effective date clause was adopted. Representative Finkelstein gave notice of reconsideration of his vote on CSHB 307(FIN). HB 226 The following, which was advanced to third reading from the February 28, 1996, calendar (page 2935), was read the third time: CS FOR HOUSE BILL NO. 226(FIN) am An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees. 1996-02-29 House Journal Page 2969 HB 226 Representative Vezey rose to a point of order citing Mason's Manual, Section 111.3. The Speaker stated the point was well taken. The question being: Shall CSHB 226(FIN) am pass the House? The roll was taken with the following result: CSHB 226(FIN) am Third Reading Final Passage YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams Nays: Austerman, Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis Excused: B.Davis, Long And so, CSHB 226(FIN) am passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB 226(FIN) 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 - Representative Dave Thompson By Representatives Navarre, Phillips, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Robinson, Sanders, Toohey, Williams, Willis 1996-02-29 House Journal Page 2970 Honoring - 1995 Eagle Scouts By Senator Pearce; Representatives Phillips, Davies, Austerman, Brice, Bunde, B.Davis, G.Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kott, Kohring, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Honoring - Dr. Arvind Phukan, P.E. By Senator Kelly; Representatives Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Honoring - Palmer High School Football Team 1995 Alaska State Champions By Senator Green; Representatives Ogan, Davies, B.Davis, G.Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Merwin Ray Johnson By Representatives Foster, Phillips, Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Gary Thurlow By Senator Green; Representatives Phillips, Davies, B.Davis, Elton, Foster, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Ogan, Porter, 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 Brice - from 6:00 a.m., March 14 to 9:21 p.m., plane time, March 18, 1996 Representative Davies - from 6:50 p.m., March 1 to 9:30 p.m., March5, 1996 1996-02-29 House Journal Page 2971 RECONSIDERATION SCR 26 Representative Davies brought up reconsideration of the vote on SCR26 (page 2941). The following was again before the House in third reading: SENATE CONCURRENT RESOLUTION NO. 26 Authorizing a recess by the Senate and the House of Representatives for a period of more than three days. The question to be reconsidered: Shall SCR 26 pass the House? The roll was taken with the following result: SCR 26--RECONSIDERATION Second Reading Final Passage YEAS: 30 NAYS: 7 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, Finkelstein, Grussendorf, Navarre, Nicholia Excused: B.Davis, Long Absent: Moses And so, SCR 26 passed the House on reconsideration and was signed by the Speaker and the Chief Clerk and returned to the Senate. UNFINISHED BUSINESS HB 179 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: 1996-02-29 House Journal Page 2972 HB 179 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. HB 179 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 481 Representative James moved and asked unanimous consent that the referral to the State Affairs Committee be waived for the following: HOUSE BILL NO. 481 An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and allowing the imposition of the death penalty when certain of those murders are committed against children; establishing sentencing procedures for capital felonies; and amending Rules 32, 32.1, and 32.3, Alaska Rules of Criminal Procedure, and Rules 204, 209, 210, and 212, Alaska Rules of Appellate Procedure. Objection was heard and withdrawn. There being no further objection, the Speaker waived the State Affairs Committee referral for HB 481. HB 481 was removed from the State Affairs Committee and referred to the Judiciary Committee. HB 394 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 394 An Act authorizing a program of natural gas and coal bed methane development licensing and leasing; relating to regulation of certain natural gas exploration facilities and coal bed methane exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; amending the duties of the Alaska Oil 1996-02-29 House Journal Page 2973 HB 394 and Gas Conservation Commission as they relate to natural gas exploration activities and coal bed methane exploration activities; and amending the exemption from obtaining a waste disposal permit for disposal of waste produced from coal bed methane drilling. ENGROSSMENT HB 322 CSHB 322(FIN) 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. The following meetings today have been changed as indicated: Community & Regional Affairs Committee 1:00 p.m., 2/29 meeting CANCELED Finance Committee 1:30 p.m., 2/29 meeting CANCELED Health, Education & Social Services Committee 3:00 p.m., 2/29 meeting CHANGED TO after session, 2/29 Finance Subcommittee on Dept. of Transportation & Public Facilities 4:00 p.m., 2/29 meeting CANCELED ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 6, 1996. There being no objection, the House adjourned at 3:23 p.m. Suzi Lowell Chief Clerk