Legislature(1995 - 1996)
1996-03-12 House Journal
Full Journal pdf1996-03-12 House Journal Page 3083 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 12, 1996 Sixty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:11 a.m. Roll call showed 31 members present. Representative B.Davis was excused due to an emergency. Representatives Barnes, Finkelstein, Hanley, Kott, Kubina, Moses, Navarre and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Skip Walker of the Evangel Assembly of God. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Our wonderful and mighty God. King Solomon asked for wisdom in lieu of the riches of the world. Today in this legislature, we ask for divine wisdom in making decisions regarding issues of utmost importance. Your word says `if any of you lacks wisdom, let him ask of God, who gives liberally and without reproach, and it will be given to him.' May Your spirit guide us in wisdom and truth today. Give us insight, understanding and compassion. Then give us boldness to declare that heavenly and divine wisdom in this building. We thank You in advance for hearing us today. Amen. The Pledge of Allegiance was led by Representative Mulder. 1996-03-12 House Journal Page 3084 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 64th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated March 11, 1996, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 24 CS FOR SENATE CONCURRENT RESOLUTION NO. 24(RES) by the Senate Resources Committee: Relating to a division of game in the Alaska Department of Fish and Game and to management of game. was read the first time and referred to the Resources Committee. **The presence of Representative Kubina was noted. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget and Audit Committee Special Audit Reports (as required by AS 24.20.311) Dept. of Commerce & Economic Development Alaska Commercial Fishing and Agriculture Bank January 12, 1996 1996-03-12 House Journal Page 3085 Division of Insurance Selected Title Insurance Rate Issues December 18, 1995 Dept. of Revenue Income and Excise Audit Division Jet Fuel Taxation February 5, 1996 REPORTS OF STANDING COMMITTEES HB 22 The Finance Committee has considered: HOUSE BILL NO. 22 An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions. and recommends it be replaced with: CS FOR HOUSE BILL NO. 22(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (8): Foster, Hanley, Mulder, Parnell, Kohring, Navarre, Kelly, Therriault No recommendation (3): Martin, Grussendorf, Brown The following fiscal note applies to CSHB 22(FIN): Fiscal note, House Finance Committee/All Depts., 3/12/96 HB 22 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Therriault was noted. 1996-03-12 House Journal Page 3086 HB 73 The Finance Committee has considered: HOUSE BILL NO. 73 An Act relating to licensure of manicurists. and recommends it be replaced with: CS FOR HOUSE BILL NO. 73(L&C) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (2): Foster, Brown Do not pass (2): Martin, Kelly No recommendation (5): Hanley, Mulder, Kohring, Grussendorf, Therriault The following fiscal notes apply to CSHB 73(L&C): Zero fiscal note, Dept. of Environmental Conservation, 3/12/96 Fiscal note, Dept. of Commerce & Economic Development, 2/16/96 HB 73 was referred to the Rules Committee for placement on the calendar. HB 341 The Judiciary Committee has considered: HOUSE BILL NO. 341 An Act establishing a tax court to consider and determine certain taxes and penalties due and collateral matters, and amending provisions relating to taxpayer challenges to the assessment, levy, and collection of taxes by the state; and providing for an effective date. and recommends it be replaced with: 1996-03-12 House Journal Page 3087 HB 341 CS FOR HOUSE BILL NO. 341(JUD) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Green, Bunde, Toohey, Vezey Amend (1): Finkelstein The following fiscal notes apply to CSHB 341(JUD): Fiscal note, Alaska Court System, 3/12/96 Fiscal note, Dept. of Administration, 3/12/96 Zero fiscal note, Dept. of Revenue, 1/26/96 HB 341 was referred to the Finance Committee. HB 368 The State Affairs Committee has considered: HOUSE BILL NO. 368 An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, and the definitions of offenses of campaign misconduct; and providing for an effective date. 1996-03-12 House Journal Page 3088 HB 368 and recommends it be replaced with: CS FOR HOUSE BILL NO. 368(STA) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns by the Alaska Public Offices Commission, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Porter No recommendation (3): Green, Ivan, Robinson The following fiscal note applies to CSHB 368(STA): Fiscal note, Dept. of Administration, 3/12/96 HB 368 was referred to the Judiciary Committee. HB 401 The State Affairs Committee has considered: HOUSE BILL NO. 401 An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Alaska Rule of Civil Procedure 3. and recommends it be replaced with: 1996-03-12 House Journal Page 3089 HB 401 CS FOR HOUSE BILL NO. 401(STA) An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Rule 3, Alaska Rules of Civil Procedure. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Green, Ivan, Porter, Robinson The following fiscal notes apply to CSHB 401(STA): Zero fiscal note, Dept. of Revenue, 1/8/96 Zero fiscal note, Dept. of Environmental Conservation, 1/8/96 HB 401 was referred to the Resources Committee. **The presence of Representative Finkelstein was noted. HB 438 The State Affairs Committee has considered: HOUSE BILL NO. 438 An Act relating to the indexing of documents recorded in the state recorders offices; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Willis, Robinson, Ivan Amend (2): Porter, Ogan 1996-03-12 House Journal Page 3090 HB 438 The following fiscal notes apply: Fiscal notes (2), Dept. of Natural Resources, 3/12/96 HB 438 was referred to the Resources Committee. HB 450 The Finance Committee has considered: HOUSE BILL NO. 450 An Act relating to trademarks; amending Alaska Rule of Appellate Procedure 609; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 450(FIN) An Act relating to trademarks; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (3): Hanley, Mulder, Therriault No recommendation (5): Martin, Kohring, Grussendorf, Brown, Kelly The following fiscal note applies to CSHB 450(FIN): Fiscal note, Dept. of Commerce & Economic Development, 2/21/96 HB 450 was referred to the Rules Committee for placement on the calendar. HB 462 The Judiciary Committee has considered: 1996-03-12 House Journal Page 3091 HB 462 HOUSE BILL NO. 462 An Act relating to the offenses of driving while intoxicated and refusal to submit to a chemical test of breath or blood; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Vezey, Finkelstein, Green, Bunde, Toohey The following fiscal notes apply: Fiscal note, Dept. of Corrections, 3/11/96 Zero fiscal notes (2), Dept. of Public Safety, 3/11/96 HB 462 was referred to the Rules Committee for placement on the calendar. HB 490 The Labor & Commerce Committee has considered: 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. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Elton Do not pass (1): Sanders No recommendation (5): Rokeberg, Kubina, Porter, Masek, Kott The following fiscal notes apply: Zero fiscal notes (2), Dept. of Commerce & Economic Development, 3/12/96 1996-03-12 House Journal Page 3092 HB 490 HB 490 was referred to the State Affairs Committee. HB 502 The Labor & Commerce Committee has considered: HOUSE BILL NO. 502 An Act relating to the auctioning of real estate. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Elton, Porter Do not pass (1): Rokeberg No recommendation (4): Kubina, Masek, Sanders, Kott The following fiscal note applies: Zero fiscal note, Dept. of Commerce & Economic Development, 3/12/96 HB 502 was referred to the Finance Committee. SB 266 The State Affairs Committee has considered: SENATE BILL NO. 266 An Act relating to the Creamers Field Goose Classic. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Robinson No recommendation (4): Porter, Green, Willis, Ogan The following fiscal note applies: 1996-03-12 House Journal Page 3093 SB 266 Senate zero fiscal note, Dept. of Revenue, 2/23/96 SB 266 was referred to the Rules for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Wing, Civil Air Patrol By Representative Masek Honoring - Dennis L. Berry, P.E., 1996 Alaska Engineer of the Year By Senator Leman FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 63 HOUSE JOINT RESOLUTION NO. 63 by the House Resources Committee: Opposing the proposed expansion of the United States Environmental Protection Agency's toxics release inventory program. was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 59 The following was read the second time: HOUSE BILL NO. 59 An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. 1996-03-12 House Journal Page 3094 HB 59 with the: Journal Page STA RPT 5DP 2NR 634 FISCAL NOTE (F&G) 634 RES RPT CS(RES) 1DP 4NR 1AM 804 FISCAL NOTE (F&G) 3/8/95 804 FIN RPT CS(RES) 7DP 3NR 1AM 2641 FISCAL NOTE (F&G) 2642 **The presence of Representatives Navarre, Barnes, Kott and Moses was noted. Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 59(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB59(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 59(RES) was read the third time. **The presence of Representative Hanley was noted. The question being: Shall CSHB 59(RES) pass the House? The roll was taken with the following result: CSHB 59(RES) Third Reading Final Passage YEAS: 30 NAYS: 9 EXCUSED: 1 ABSENT: 0 1996-03-12 House Journal Page 3095 HB 59 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Elton, Finkelstein, Long, Masek, Navarre, Nicholia, Robinson Excused: B.Davis And so, CSHB 59(RES) 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 Brown gave notice of reconsideration of her vote on CSHB 59(RES). HB 316 The Speaker stated that, without objection, the following would be returned to the Rules Committee: HOUSE BILL NO. 316 An Act relating to civil liability for false claims and improper allegations or defenses in civil practice; and providing for an effective date. There being no objection, it was so ordered. HB 411 The following was read the second time: HOUSE BILL NO. 411 An Act naming Mountain View Road in Gustavus. with the: Journal Page TRA RPT 6DP 1NR 2538 ZERO FISCAL NOTE (DOT) 2538 FIN REFERRAL WAIVED 2585 1996-03-12 House Journal Page 3096 HB 411 Representative Vezey moved and asked unanimous consent that HB411 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 411 was read the third time. The question being: Shall HB 411 pass the House? The roll was taken with the following result: HB 411 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 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, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Moses And so, HB 411 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE RESOLUTIONS HJR 58 The following, which was advanced to third reading from the March 12, 1996, calendar (page 3075), was read the third time: CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act. The question being: Shall CSHJR 58(RES) pass the House? The roll was taken with the following result: 1996-03-12 House Journal Page 3097 HJR 58 CSHJR 58(RES) Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, Elton, Finkelstein, Navarre, Nicholia, Robinson, Willis Excused: B.Davis Absent: Hanley, Moses And so, CSHJR 58(RES) passed the House. Representative Finkelstein gave notice of reconsideration of his vote on CSHJR 58(RES). 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 - Mike Lee By Representatives Davies, Brice, Elton, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Nicholia, Robinson, Rokeberg, Sanders, Vezey, Williams Honoring - The Goldstrikers 82, State Champion Boys Soccer Team By Representatives Hanley, G.Davis, Elton, Green, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Nicholia, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams 1996-03-12 House Journal Page 3098 In Memoriam - Ellen C. Nagel By Representatives Kott, Phillips, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Mulder, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams 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 Green - from 6:00 p.m., March 14 to 9:21 p.m., plane time, March 17, 1996 Representative Ogan - from 6:00 p.m., March 22 to 3:30 p.m., plane time, March 25, 1996 Representative Williams - from 6:00 a.m., March 15 to 10:06 p.m., plane time, March 17, 1996 Representative Kott - from 6:00 p.m., March 14 to 10:00 p.m., plane time, March 17, 1996 HB 462 The Speaker added a Finance Committee referral to the following: HOUSE BILL NO. 462 An Act relating to the offenses of driving while intoxicated and refusal to submit to a chemical test of breath or blood; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure; and providing for an effective date. HB 462 was removed from the Rules Committee and referred to the Finance Committee. HB 515 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: 1996-03-12 House Journal Page 3099 HB 515 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. HB 515 was removed from the Judiciary Committee and referred to the Finance Committee. HB 59 Representative Rokeberg added his name as cosponsor to: CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. HB 60 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 60 An Act relating to impairment rating guides used in evaluation of certain workers' compensation claims. HB 249 The Rules Committee submitted the following fiscal note: Zero fiscal note, Dept. of Revenue, 3/11/96 for: CS FOR HOUSE BILL NO. 249(L&C) An Act authorizing the McGrath Ice Classic. CSHB 249(L&C) passed the House on March 11, 1996 (page 3069). HB 359 Representative Green added his name as cosponsor to: 1996-03-12 House Journal Page 3100 HB 359 HOUSE BILL NO. 359 An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date. HB 383 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 383 An Act relating to reimbursement by the state to municipalities and certain established villages for services provided to individuals incapacitated by alcohol; and providing for an effective date. HB 438 Representative James added her name as cosponsor to: HOUSE BILL NO. 438 An Act relating to the indexing of documents recorded in the state recorder's offices; and providing for an effective date. HB 480 Representative Kelly added his name as cosponsor to: HOUSE BILL NO. 480 An Act relating to physician assistants, including the treatment of their services under group health insurance policies. HB 488 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 488 An Act relating to matching funds requirements for municipal school construction grants. 1996-03-12 House Journal Page 3101 HB 512 Representative Kohring 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. ENGROSSMENT HB 411 HB 411 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 127 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 11:50 a.m., March 12, 1996: 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. HB 141 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 11:50 a.m., March 12, 1996: SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) An Act relating to the appointment of members of the Board of Fisheries. 1996-03-12 House Journal Page 3102 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber after session, 3/12 Minority Caucus Beltz Room after session, 3/12 Joint Leadership mtg Speaker's Chamber 5:30 p.m., 3/12 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 13, 1996. There being no objection, the House adjourned at 11:05 a.m. Suzi Lowell Chief Clerk