Legislature(1995 - 1996)
1996-03-08 House Journal
Full Journal pdf1996-03-08 House Journal Page 3015 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 8, 1996 Sixty-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:15 a.m. Roll call showed 32 members present. Representatives B.Davis, Nicholia and Willis had been previously excused from a call of the House today. Representatives Barnes, Hanley, James, Kott and Navarre were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Father, we accept Your invitation today to `come boldly before Your throne of grace that we may obtain mercy and find grace to help in the time of need.' (Hebrews 4:16) We humbly confess that we do need Your provisions of grace for today. We thank You for every blessing You have already provided us, but we again today draw deeply from heaven's resources for the strength, wisdom and courage we need. `Blessing, and glory, and wisdom, and thanksgiving, and honor, and power, and might, be unto our God for ever and ever. Amen.' (Revelation 7:12) The Pledge of Allegiance was led by Representative Foster. 1996-03-08 House Journal Page 3016 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 59th and 60th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Chief Clerk noted the following typographical error in the journal for the 59th day: On page 2986, under Certification of the Journal, it should read that Representative Vezey made the motion to approve the journal. MESSAGES FROM THE GOVERNOR HJR 30 A message dated March 7, 1996, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE JOINT RESOLUTION NO. 30 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. Legislative Resolve No. 36 HJR 38 A message dated March 7, 1996, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 38(RLS) am S Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. Legislative Resolve No. 37 1996-03-08 House Journal Page 3017 HJR 43 A message dated March 7, 1996, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 43(FSH) Relating to commercial fishing and subsistence use in Glacier Bay National Park. Legislative Resolve No. 38 SB 160 A message dated March 7, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 160 am An Act excluding certain employment by students from the definition of `employment' in the state employment security laws. Chapter No. 4, SLA 1996 Effective Date: June 5, 1996 SB 190 A message dated March 7, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR SENATE BILL NO. 190(RES) am An Act establishing a residency requirement for auctions of state land. Chapter No. 3, SLA 1996 Effective Date: June 5, 1996 1996-03-08 House Journal Page 3018 MESSAGES FROM THE SENATE A message dated March 6, 1996, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 175 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175(FIN) am by the Senate Finance Committee, entitled: An Act relating to correctional institutions and their administration, and to services provided to prisoners; amending the definition of `severely medically disabled' applicable to prisoners seeking special medical parole; and amending provisions of the correctional industries program, and extending the termination date of the Correctional Industries Commission and the program. was read the first time and referred to the Judiciary and Finance Committees. SB 266 SENATE BILL NO. 266 by Senators Frank and Sharp, entitled: An Act relating to the Creamer's Field Goose Classic. was read the first time and referred to the State Affairs Committee. REPORTS OF STANDING COMMITTEES HB 118 The Labor & Commerce Committee 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. 1996-03-08 House Journal Page 3019 HB 118 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. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Elton, Sanders No recommendation (5): Rokeberg, Kubina, Porter, Masek, Kott The following fiscal notes apply to CSHB 118(FSH): Fiscal note, Dept. of Revenue, 2/22/96 Fiscal note, Dept. of Commerce & Economic Development, 2/22/96 HB 118 was referred to the Resources Committee. HB 175 The Resources Committee has considered: HOUSE BILL NO. 175 An Act relating to sport fish guides; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 175(RES) An Act relating to licensing of sport fishing services operators and fishing guides; and providing for an effective date. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (1): Austerman 1996-03-08 House Journal Page 3020 HB 175 No recommendation (6): Nicholia, Davies, Kott, Ogan, Williams, Green The following fiscal note applies to CSHB 175(RES): Fiscal note, Dept. of Fish & Game, 2/23/96 HB 175 was referred to the Finance Committee. **The presence of Representatives Kott and James was noted. HB 311 The Labor & Commerce Committee has considered: HOUSE BILL NO. 311 An Act repealing the limitation on the hours a person may be employed in a mine; and making a related technical amendment to avoid changing the penalties for failing to make payments into an employee benefit fund. and recommends it be replaced with: CS FOR HOUSE BILL NO. 311(L&C) An Act relating to the hours a person may be employed in a mine. The report was signed by Representative Kott, Chair, with the following individual recommendations: No recommendation (3): Sanders, Rokeberg, Kott Amend (1): Porter The following fiscal notes apply to CSHB 311(L&C): Zero fiscal note, Dept. of Natural Resources, 3/8/96 Zero fiscal note, Dept. of Labor, 3/8/96 HB 311 was referred to the Judiciary Committee. 1996-03-08 House Journal Page 3021 HB 318 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 318 An Act relating to advance directives for mental health treatment. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): Rokeberg, Bunde, Toohey, Robinson, Brice No recommendation (1): G.Davis The following fiscal note applies: Zero fiscal note, Dept. of Health & Social Services, 3/8/96 HB 318 was referred to the Judiciary Committee. HB 387 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387 An Act relating to minors and to offenses committed by minors, and to programs relating to minors; relating to the use of citations for offenses when the offenses are committed by minors, and authorizing disposition of those offenses by citations that require performance of community service in lieu of a court appearance; establishing a curfew for minors, and authorizing municipalities to establish curfews by ordinance; relating to the detention of minors, defining certain conduct by minors as violations, and amending the criminal jurisdiction of the district court to provide for the disposition of certain offenses involving minors; and amending Rules 3(b) and 23(d), Alaska Delinquency Rules. and recommends it be replaced with: 1996-03-08 House Journal Page 3022 HB 387 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387(HES) An Act relating to minors and to offenses committed by minors, and to programs relating to minors; authorizing municipalities to establish curfews for minors by ordinance; relating to enforcement of the compulsory school attendance law; and amending Rules 3(b) and 23(d), Alaska Delinquency Rules. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (4): G.Davis, Bunde, Robinson, Brice The following fiscal notes apply to CSSSHB 387(HES): Indeterminate fiscal note, Dept. of Public Safety, 3/8/96 Zero fiscal note, Dept. of Corrections, 3/8/96 Zero fiscal note, Dept. of Health & Social Services, 3/8/96 SSHB 387 was referred to the Judiciary Committee. HB 405 The Finance Committee has considered: HOUSE BILL NO. 405 An Act extending the termination date of the Board of Examiners in Optometry; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 405(STA) An Act relating to the Board of Examiners in Optometry; relating to licensure of dispensing opticians; and providing for an effective date. The report was signed by Representative Foster, Co-chair, with the following individual recommendations: 1996-03-08 House Journal Page 3023 HB 405 Do pass (8): Foster, Mulder, Parnell, Kohring, Grussendorf, Brown, Kelly, Therriault The following fiscal note applies to CSHB 405(STA): Fiscal note, Dept. of Commerce & Economic Development, 1/16/96 HB 405 was referred to the Rules Committee for placement on the calendar. HB 414 The Labor & Commerce Committee has considered: HOUSE BILL NO. 414 An Act requiring conciliation panel review in a civil action against an architect, engineer, or land surveyor; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 414(L&C) An Act requiring conciliation panel review prior to filing a civil action against an architect, engineer, or land surveyor; amending Rule 402, Alaska Rules of Evidence; and providing for an effective date. The report was signed by Representative Kott, Chair, with the following individual recommendations: No recommendation (4): Kott, Sanders, Porter, Rokeberg The following fiscal note applies to CSHB 414(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/8/96 HB 414 was referred to the Judiciary Committee. 1996-03-08 House Journal Page 3024 HB 457 The Judiciary Committee has considered: HOUSE BILL NO. 457 An Act relating to the unlicensed practice of certain occupations for which licenses are required. and recommends it be replaced with: CS FOR HOUSE BILL NO. 457(STA) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Bunde, Toohey No recommendation (1): Green The following fiscal note applies to CSHB 457(STA): Zero fiscal note, Dept. of Commerce & Economic Development, 2/23/96 HB 457 was referred to the Rules Committee for placement on the calendar. HB 474 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 474 An Act relating to violations of municipal ordinances and regulations; and amending the definition of the jurisdiction of the superior court and the Department of Health and Social Services over delinquent minors to add a further exclusion from that jurisdiction for a minor's violation of a municipal ordinance or regulation that is punishable as an infraction or violation, and making a related technical amendment to that jurisdictional definition. 1996-03-08 House Journal Page 3025 HB 474 The report was signed by Representatives Ivan and Austerman, Co- chairs, with the following individual recommendations: Do pass (1): Ivan Do not pass (1): Elton No recommendation (4): Mackie, Austerman, Vezey, Kott The following fiscal notes apply: Zero fiscal note, Dept. of Health & Social Services, 3/8/96 Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/96 Zero fiscal note, Dept. of Public Safety, 3/8/96 HB 474 was referred to the Health, Education & Social Services Committee. HB 479 The Labor & Commerce Committee has considered: HOUSE BILL NO. 479 An Act relating to civil liability for injuries or death resulting from equine activities. and recommends it be replaced with: CS FOR HOUSE BILL NO. 479(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Porter, Sanders, Kott No recommendation (2): Elton, Kubina 1996-03-08 House Journal Page 3026 HB 479 The following fiscal note applies to CSHB 479(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/8/96 HB 479 was referred to the Judiciary Committee. HB 515 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 515 An Act relating to grants for residential services for certain minors for whom the state has assumed responsibility; and providing for an effective date. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): G.Davis, Bunde, Toohey, Robinson, Brice No recommendation (1): Rokeberg The following fiscal note applies: Zero fiscal note, Dept. of Health & Social Services, 3/8/96 HB 515 was referred to the Judiciary Committee. **The presence of Representatives Barnes and Navarre was noted. SB 77 The Finance Committee has considered: CS FOR SENATE BILL NO. 77(FIN) am An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game. 1996-03-08 House Journal Page 3027 SB 77 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 77(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Foster, Hanley, Mulder, Parnell, Kohring Do not pass (1): Brown No recommendation (1): Grussendorf Amend (1): Navarre The following fiscal note applies to HCS CSSB 77(FIN): Fiscal note, Dept. of Fish & Game, 3/8/96 CSSB 77(FIN) am was referred to the Rules Committee for placement on the calendar. SB 162 The Resources Committee has considered: CS FOR SENATE BILL NO. 162(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (6): Davies, Williams, Austerman, Kott, Green, Ogan No recommendation (1): Long 1996-03-08 House Journal Page 3028 SB 162 The following fiscal notes apply: Senate fiscal notes (2), Dept. of Natural Resources, 2/14/96 CSSB 162(FIN) 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 - Roger Coffey By Representative Masek Honoring - John Schandelmeier, Winner of the 1996 Yukon Quest By Representative Davies; Senator Lincoln In Memoriam - Ellis Mather By Representative Ivan; Senator Hoffman In Memoriam - Rick L. Shilanski By Representative Ivan; Senator Hoffman In Memoriam - Michael George Graf By Representatives Davies, Nicholia, Brice INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 by the House Labor & Commerce Committee: Establishing YUKLA 27 Remembrance Day. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs. 1996-03-08 House Journal Page 3029 HJR 61 HOUSE JOINT RESOLUTION NO. 61 by the House State Affairs Committee: Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage. was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 539 HOUSE BILL NO. 539 by the House Resources Committee, entitled: An Act changing the name of the Alaska Soil and Water Conservation Board. was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 211 The following was read the second time: HOUSE BILL NO. 211 An Act relating to voter registration and to state election administration. with the: Journal Page STA RPT CS(STA) 3DP 3NR 1018 FISCAL NOTE (GOV) 1018 FIN RPT CS(FIN) 6DP 2NR 2643 FISCAL NOTE (GOV) 2643 1996-03-08 House Journal Page 3030 HB 211 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. 211(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB211(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 211(FIN) was read the third time. **The presence of Representative Hanley was noted. The question being: Shall CSHB 211(FIN) pass the House? The roll was taken with the following result: CSHB 211(FIN) Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: B.Davis, Nicholia, Willis Absent: Williams And so, CSHB 211(FIN) passed the House and was referred to the Chief Clerk for engrossment. 1996-03-08 House Journal Page 3031 HB 525 The following was read the second time: HOUSE BILL NO. 525 An Act designating certain permissible investments by the Alaska Permanent Fund Corporation in taxable municipal or state debt securities and corporate debt securities; changing the allocation limits on domestic and nondomestic government and corporate securities, nondomestic corporate promissory notes, domestic and nondomestic corporate stocks, and taxable government debt securities; and providing for an effective date. with the: Journal Page FIN RPT 8DP 2992 ZERO FISCAL NOTE (REV) 2993 Representative Vezey moved and asked unanimous consent that HB525 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 525 was read the third time. The question being: Shall HB 525 pass the House? The roll was taken with the following result: HB 525 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: B.Davis, Nicholia, Willis Absent: Williams And so, HB 525 passed the House. 1996-03-08 House Journal Page 3032 HB 525 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. HB 525 was referred to the Chief Clerk for engrossment. HB 352 The following was read the second time: HOUSE BILL NO. 352 An Act giving notice of and approving a lease-purchase agreement with the City of Palmer for a fire management facility at the Palmer Airport. with the: Journal Page TRA RPT 4DP 3NR 2600 FISCAL NOTE (DNR) 2601 ZERO FISCAL NOTE (DOT) 2601 FIN RPT 6DP 4NR 2906 FISCAL NOTE (DNR) 2/2/96 2907 ZERO FISCAL NOTE (DOT) 2/2/96 2907 Representative Vezey moved and asked unanimous consent that HB352 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 352 was read the third time. The question being: Shall HB 352 pass the House? The roll was taken with the following result: HB 352 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 1996-03-08 House Journal Page 3033 HB 352 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Nicholia, Willis And so, HB 352 passed the House and was referred to the Chief Clerk for engrossment. HB 109 The following was read the second time: HOUSE BILL NO. 109 An Act relating to telephone directory listings and solicitations. with the: Journal Page L&C RPT CS(L&C) 5DP 2NR 1849 ZERO FISCAL NOTE (DCED) 1849 JUD RPT CS(JUD) NT 7DP 2770 LETTER OF INTENT WITH JUD REPORT 2770 2 ZERO FISCAL NOTES (LAW, DCED) 2771 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. 109(JUD) An Act relating to telephone solicitations, advertisements, and directory listings. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB109(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 109(JUD) was read the third time. 1996-03-08 House Journal Page 3034 HB 109 The question being: Shall CSHB 109(JUD) pass the House? The roll was taken with the following result: CSHB 109(JUD) Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice Excused: B.Davis, Nicholia, Willis Absent: Kelly, Moses Davies changed from "Nay" to "Yea". And so, CSHB 109(JUD) passed the House. Representative Vezey moved and asked unanimous consent that the House adopt the Judiciary Committee letter of intent (page 2770). There being no objection, it was so ordered.. Representative Brice later gave notice of reconsideration of his vote on CSHB 109(JUD), and the reconsideration was taken up then. 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 - Arwen Bunce, VISTA Volunteer By Representative Grussendorf; Senator Taylor; Representatives Phillips, Brice, Davies, Elton, Ivan, James, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Sanders, Toohey, Williams 1996-03-08 House Journal Page 3035 Honoring - The Tanner Family, 1995 Alaska Family Business Award By Representatives Kohring, Phillips, Bunde, Davies, Elton, Foster, Hanley, Ivan, James, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams Honoring - Colony High School Boys Basketball Team, 1995-96 Regional Champions By Representatives Kohring, Elton, Green, Hanley, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams Honoring - Colony High School Girls Basketball Team, 1995-96 Regional Champions By Representatives Kohring, Elton, Green, Hanley, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams Honoring - The Forest Products Industry By Senator Taylor; Representatives Williams Phillips, Bunde, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Long, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams In Memoriam - Oscar Dyson By Representatives Austerman, Phillips, Davies, Elton, Foster, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams; Senator Zharoff In Memoriam - Roy Randall By Senators Leman, Miller; Representatives Phillips, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Masek, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams RECONSIDERATION HB 109 Representative Brice gave notice of reconsideration of his vote on CSHB 109(JUD) (page 3034) and moved and asked unanimous consent that the reconsideration be brought up at this time. There being no objection, it was so ordered. 1996-03-08 House Journal Page 3036 HB 109 The following was again before the House in third reading: CS FOR HOUSE BILL NO. 109(JUD) An Act relating to telephone solicitations, advertisements, and directory listings. The question to be reconsidered: Shall CSHB 109(JUD) pass the House? The roll was taken with the following result: CSHB 109(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, 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 Excused: B.Davis, Nicholia, Willis Absent: Moses And so, CSHB 109(JUD) passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the House adopt the Judiciary Committee letter of intent (page 2770). There being no objection, it was so ordered. CSHB 109(JUD) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 38 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2954) on the following at this time: 1996-03-08 House Journal Page 3037 HB 38 CS FOR HOUSE BILL NO. 38(JUD) am 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 offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35. and SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 38(JUD) am, thus adopting SCS CSHB 38(FIN) am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 38(JUD) am? The roll was taken with the following result: SCS CSHB 38(FIN) am S Concur YEAS: 28 NAYS: 5 EXCUSED: 3 ABSENT: 4 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein Excused: B.Davis, Nicholia, Willis Absent: Barnes, Masek, Moses, Navarre And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 38(FIN) am S. 1996-03-08 House Journal Page 3038 HB 38 Representative Vezey moved that the court rule change be adopted. The question being: Shall the court rule change be adopted? The roll was taken with the following result: SCS CSHB 38(FIN) am S Concur Court Rule Change YEAS: 28 NAYS: 7 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Barnes, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Finkelstein, Grussendorf, Navarre, Robinson Excused: B.Davis, Nicholia, Willis Absent: Kubina, Moses And so, the court rule change was adopted. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 38(FIN) am S was referred to the Chief Clerk for enrollment. HB 127 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2955) on the following at this time: 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. and 1996-03-08 House Journal Page 3039 HB 127 SENATE CS FOR CS FOR HOUSE BILL NO. 127(JUD) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 127(JUD), thus adopting SCS CSHB 127(JUD), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 127(JUD)? The roll was taken with the following result: SCS CSHB 127(JUD) Concur YEAS: 35 NAYS: 0 EXCUSED: 3 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, 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 Excused: B.Davis, Nicholia, Willis Absent: Finkelstein, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 127(JUD). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 127(JUD) was referred to the Chief Clerk for enrollment. HB 141 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 2986) on the following at this time: CS FOR HOUSE BILL NO. 141(FSH) An Act relating to the appointment of members of the Board of Fisheries. 1996-03-08 House Journal Page 3040 HB 141 and SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 141(FSH), thus adopting SCS CSHB 141(RES), and recommended that the members vote yes. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. CSHB 141(FSH) is under 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 Kohring - from 12:00 p.m., March 8 to 9:30 a.m., plane time, March 10, 1996 (amended from page 2844) Representative Moses - from 6:00 a.m., March 15 to 9:20 p.m., plane time, March 18, 1996 Representative Kott - from 6:30 p.m., March 8 to 10:00 p.m., plane time, March 10, 1996 Representative G.Davis - from 6:00 p.m., March 14 to 9:21 p.m., plane time, March 17, 1996 Representative Barnes - from 6:00 p.m., March 14 to 9:21 p.m., plane time, March 17, 1996 Representative Ogan - from 1:17 p.m., March 8 to 2:30 p.m., plane time, March 9, 1996 HB 295 Representative Hanley, Co-chair, moved and asked unanimous consent that the referral to the Finance Committee be waived for the following: 1996-03-08 House Journal Page 3041 HB 295 HOUSE BILL NO. 295 An Act relating to the custody and disposition of property in the custody of municipal law enforcement agencies. Representative Vezey objected and withdrew the objection. There being no further objection, the Speaker waived the Finance Committee referral. HB 295 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 386 The Speaker waived the Finance Committee referral on the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 386 An Act relating to cruelty to animals and the provision of food and water to confined or impounded animals. HB 386 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. EO 93 The House did not disapprove the following executive order within 60 days and it was transmitted to the Office of the Governor: EXECUTIVE ORDER NO. 93 Transferring the responsibility for the Alaska regional economic assistance program from the Department of Commerce and Economic Development to the Department of Community and Regional Affairs. EO 94 The House did not disapprove the following executive order within 60 days and it was transmitted to the Office of the Governor: EXECUTIVE ORDER NO. 94 Transferring the functions and duties of the division of international trade to the Department of Commerce and Economic Development. 1996-03-08 House Journal Page 3042 EO 96 The House did not disapprove the following executive order within 60 days and it was transmitted to the Office of the Governor: EXECUTIVE ORDER NO. 96 Transferring the responsibility for the administration of the Alaska childrens trust to a new Alaska Childrens Trust Board in the Office of the Governor to be dedicated to that trust obligation. HB 141 Representative Kubina added his name as cosponsor to: CS FOR HOUSE BILL NO. 141(FSH) An Act relating to the appointment of members of the Board of Fisheries. HB 512 Representative Green added his name as cosponsor to: HOUSE BILL NO. 512 An Act establishing English as the common language and related to the use of English in public records and at public meetings of state agencies. SB 162 Representative Austerman added his name as cross sponsor to: CS FOR SENATE BILL NO. 162(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act. 1996-03-08 House Journal Page 3043 ENGROSSMENT HB 109 CSHB 109(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate with a Judiciary Committee letter of intent for consideration. HB 211 CSHB 211(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 352 HB 352 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 525 HB 525 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 24 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:40 a.m., March 7, 1996: CS FOR HOUSE JOINT RESOLUTION NO. 24(FSH) Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 1:00 p.m., 3/9 1996-03-08 House Journal Page 3044 Joint Leadership Mtg. Speaker's Chamber 2:00 p.m., 3/10 Minority Caucus 10:15 a.m., 3/11 The following meetings today have been changed as indicated: Labor & Commerce Committee 3:00 p.m., 3/8 meeting LOCATION CHANGED TO: Cap. Rm. 124 Finance Committee 1:30 p.m., 3/8 meeting CANCELED ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 11, 1996. There being no objection, the House adjourned at 12:29 p.m. Suzi Lowell Chief Clerk