Legislature(1995 - 1996)
1996-03-18 House Journal
Full Journal pdf1996-03-18 House Journal Page 3169 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 18, 1996 Seventy-first Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:10 a.m. Roll call showed 35 members present. Representatives Brice and Grussendorf had been previously excused from a call of the House today. The presence of Representative Moses, who had been previously excused from a call of the House today, was noted later. Representatives Hanley and Navarre were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Seventh-Day Adventist Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Good morning, Heavenly Father. It is by Your mercies that we are not consumed, and we thank You for the gift of life, new each day. We are a varied and diverse group, which comes from all over this great state of Alaska to help and serve one another. It is our desire to become respectable stewards of this magnificent part of the earth You have entrusted to us. Help us to manage and preserve this earth to Your glory, and to labor for the betterment of each man, woman, and child for whom You came and died. Now as this new week begins, we seek wisdom, understanding, tolerance, and cooperation as we work together. May You smile on our actions today, and may we someday hear the words, `Well done, thou good and faithful servant'. 1996-03-18 House Journal Page 3170 In the Name of the Father's Son, Jesus, we pray - Amen. The Pledge of Allegiance was led by Representative James. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 67th, 68th, 69th and 70th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 123 A message dated March 12, 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: FREE CONFERENCE COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 123 An Act relating to student loan programs and fees for review of postsecondary education institutions; relating to a postsecondary student exchange program administered by the Western Interstate Commission on Higher Education; and providing for an effective date. Chapter No. 5, SLA 1996 Effective Date: See Chapter MESSAGES FROM THE SENATE A message dated March 14, 1996, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 86 CS FOR SENATE BILL NO. 86(FIN) by the Senate Finance Committee, entitled: 1996-03-18 House Journal Page 3171 SB 86 An Act relating to issuance of commemorative gold rush motor vehicle license plates. was read the first time and referred to the Transportation and Finance Committees. SB 274 CS FOR SENATE BILL NO. 274(TRA) am by the Senate Transportation Committee, entitled: An Act relating to the noise levels of airports and sport shooting facilities. was read the first time and referred to the Transportation and Finance Committees. **The presence of Representative Moses was noted. REPORTS OF STANDING COMMITTEES HJR 54 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 54 Encouraging the lessees of Alaska's vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislature's support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: 1996-03-18 House Journal Page 3172 HJR 54 Do pass (7): Long, Davies, Barnes, Kott, Ogan, Williams, Green The following fiscal note applies to CSHJR 54(RES): Zero fiscal note, House Resources Committee/Dept. of Natural Resources, 3/18/96 HJR 54 was referred to the Finance Committee. HJR 60 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 60 Relating to Revised Statute 2477 rights-of-way. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (4): Williams, Ogan, Barnes, Kott No recommendation (2): Long, Davies The following fiscal note applies to CSHJR 60(RES): Zero fiscal note, House State Affairs Committee/Legislative Affairs Agency, 2/21/96 HJR 60 was referred to the Rules Committee for placement on the calendar. HB 110 The State Affairs Committee has considered: 1996-03-18 House Journal Page 3173 HB 110 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110 An Act relating to the confidentiality of certain information in motor vehicle records; and providing for an effective date. and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (3): Green, Ivan, Robinson No recommendation (4): James, Porter, Willis, Ogan The following fiscal note applies to CSSSHB 110(STA): Fiscal note, Dept. of Public Safety, 3/18/96 SSHB 110 was referred to the Finance Committee. HB 192 The Finance Committee has considered: HOUSE BILL NO. 192 An Act relating to housing programs of the Alaska Housing Finance Corporation, the corporation's supplemental housing development grants to regional housing authorities, and to housing programs of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing. and recommends it be replaced with: CS FOR HOUSE BILL NO. 192(FIN) An Act relating to housing assistance provided by the Alaska Housing Finance Corporation and to its rural housing programs, to the corporation's supplemental housing development grants to 1996-03-18 House Journal Page 3174 HB 192 regional housing authorities, and to housing programs of regional housing authorities; permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing; and amending the definitions of `rural' and `small community' as applied in various housing programs. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Foster, Mulder, Kohring, Brown No recommendation (4): Hanley, Martin, Grussendorf, Therriault The following fiscal note applies to CSHB 192(FIN): Zero fiscal note, Dept. of Revenue, 3/18/96 HB 192 was referred to the Rules Committee for placement on the calendar. HB 284 The Finance Committee has considered: HOUSE BILL NO. 284 An Act relating to the Alaska Commercial Fishing and Agriculture Bank. and recommends it be replaced with: CS FOR HOUSE BILL NO. 284(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Foster, Hanley, Mulder, Martin, Parnell, Grussendorf, Kelly, Therriault, Navarre No recommendation (1): Brown 1996-03-18 House Journal Page 3175 HB 284 A Finance Committee letter of intent to CSHB 284(FIN), signed by Representatives Hanley and Foster, Co-chairs, appears below: The Legislature requests that the board of directors of the Alaska Commercial Fishing and Agriculture Bank investigate the feasibility of providing services authorized under AS 44.81.210 to Alaskans other than those authorized for services under AS 44.81.210, and report the results of that investigation to the legislature by the 15th day of the first session of the twentieth Alaska Legislature. The following fiscal notes apply to CSHB 284(FIN): Fiscal note, Dept. of Revenue, 3/18/96 Zero fiscal note, Dept. of Fish & Game, 3/18/96 HB 284 was referred to the Rules Committee for placement on the calendar. HB 443 The State Affairs Committee has considered: HOUSE BILL NO. 443 An Act relating to the tax on transfers or consumption of motor fuel, and repealing the exemption from that tax for motor fuel which is at least 10 percent alcohol by volume; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 443(STA) (same title) The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (2): James, Porter No recommendation (3): Ogan, Robinson, Willis 1996-03-18 House Journal Page 3176 HB 443 The following fiscal note applies to CSHB 443(STA): Fiscal note, Dept. of Transportation & Public Facilities, 3/18/96 HB 443 was referred to the Judiciary Committee. HB 452 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 452 An Act relating to state foundation aid and supplementary state aid for education; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 452(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Bunde, Toohey No recommendation (3): G.Davis, Rokeberg, Vezey Amend (1): Robinson The following fiscal note applies to CSHB 452(HES): Fiscal note, Dept. of Education, 1/26/96 HB 452 was referred to the State Affairs Committee. HB 520 The Finance Committee has considered: 1996-03-18 House Journal Page 3177 HB 520 HOUSE BILL NO. 520 An Act relating to death investigations and inquests, coroners, public administrators, and medical examiners, including the state medical examiner; relating to the jurisdiction of district court judges and magistrates in certain cases involving death. and recommends it be replaced with: CS FOR HOUSE BILL NO. 520(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Kohring, Grussendorf, Brown, Therriault The following fiscal notes apply to CSHB 520(FIN): Fiscal note, Alaska Court System, 3/18/96 Fiscal note, Dept. of Health & Social Services, 3/18/96 Zero fiscal note, Dept. of Public Safety, 3/6/96 HB 520 is on today's calendar. HB 526 The Labor & Commerce Committee has considered: HOUSE BILL NO. 526 An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 526(L&C) (same title) 1996-03-18 House Journal Page 3178 HB 526 The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Elton, Kott, Sanders, Porter No recommendation (1): Rokeberg The following fiscal note applies to CSHB 526(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/18/96 HB 526 was referred to the Finance Committee. HB 528 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 528 An Act relating to applications for certificates of need and licensing of nursing homes; amending the standard of review for certificates of need for health care facilities in the state; establishing a moratorium with respect to new applications by prohibiting the issuance of a certificate of need or a license for additional nursing home capacity in the state until July 1, 1998; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 528(HES) An Act relating to applications for certificates of need and licensing of nursing homes; amending the standard of review for certificates of need for health care facilities in the state; establishing a moratorium with respect to new applications by prohibiting the issuance of a certificate of need or a license for additional nursing home capacity in the state until July 1, 1997; establishing a working group to study and issue a report about long-term care; and providing for an effective date. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: 1996-03-18 House Journal Page 3179 HB 528 Do pass (2): Toohey, Vezey No recommendation (3): G.Davis, Rokeberg, Bunde Amend (1): Robinson The following fiscal note applies to CSHB 528(HES): Zero fiscal note, Dept. of Health & Social Services, 3/18/96 HB 528 was referred to the Finance Committee. HB 539 The Resources Committee has considered: HOUSE BILL NO. 539 An Act changing the name of the Alaska Soil and Water Conservation Board. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (4): Ogan, Williams, Green, Kott No recommendation (3): Austerman, Long, Nicholia Amend (1): Davies The following fiscal note applies: Zero fiscal note, Dept. of Natural Resources, 3/18/96 HB 539 was referred to the Rules Committee for placement on the calendar. 1996-03-18 House Journal Page 3180 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 484 The following was read the second time: HOUSE BILL NO. 484 An Act relating to enforcement of restitution orders entered against minors. with the: Journal Page JUD RPT 7DP 2831 3 ZERO FNS (COURT, LAW, DHSS) 2832 The following fiscal note applies: Zero fiscal note, House Rules Committee/Dept. of Administration, 3/18/96 Representative Vezey moved and asked unanimous consent that HB484 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 484 was read the third time. **The presence of Representative Hanley was noted. The question being: Shall HB 484 pass the House? The roll was taken with the following result: HB 484 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 1996-03-18 House Journal Page 3181 HB 484 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Grussendorf Absent: Navarre And so, HB 484 passed the House and was referred to the Chief Clerk for engrossment. **The presence of Representative Navarre was noted. HB 520 The following was read the second time: HOUSE BILL NO. 520 An Act relating to death investigations and inquests, coroners, public administrators, and medical examiners, including the state medical examiner; relating to the jurisdiction of district court judges and magistrates in certain cases involving death. with the: Journal Page JUD RPT 5DP 2991 2 FISCAL NOTES (DHSS, COURT) 2992 ZERO FISCAL NOTE (DPS) 2992 FIN RPT CS(FIN) 7DP 3176 2 FISCAL NOTES (COURT, DHSS) 3177 ZERO FISCAL NOTE (DPS) 3/6/96 3177 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. 520(FIN) (same title) There being no objection, it was so ordered. 1996-03-18 House Journal Page 3182 HB 520 Representative Vezey moved and asked unanimous consent that CSHB520(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 520(FIN) was read the third time. The question being: Shall CSHB 520(FIN) pass the House? The roll was taken with the following result: CSHB 520(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Grussendorf And so, CSHB 520(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 523 The following was read the second time: HOUSE BILL NO. 523 An Act expressing the state's policy with respect to sobriety. with the: Journal Page HES RPT 5DP 2992 ZERO FISCAL NOTE (DHSS) 2992 JUD REFERRAL WAIVED 3007 Representative Vezey moved and asked unanimous consent that HB523 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-03-18 House Journal Page 3183 HB 523 HB 523 was read the third time. The question being: Shall HB 523 pass the House? The roll was taken with the following result: HB 523 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Grussendorf And so, HB 523 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 62 The following was read the second time: HOUSE JOINT RESOLUTION NO. 62 Requesting the federal government to purchase surplus 1995 Alaska canned pink salmon. with the: Journal Page RES RPT 7DP 3107 ZERO FISCAL NOTE (H.RES) 3108 Representative Vezey moved and asked unanimous consent that HJR62 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 62 was read the third time. 1996-03-18 House Journal Page 3184 HJR 62 The question being: Shall HJR 62 pass the House? The roll was taken with the following result: HJR 62 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Grussendorf And so, HJR 62 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - The Rotary International Youth Exchange Program and Participating Fairbanks North Star Borough Students By Representatives Brice, Phillips, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein, Green, James, Kelly, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Parnell, Robinson, Rokeberg, Sanders, Therriault, 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 Porter - from 9:00 a.m., April 4 to 10:30 a.m., plane time, April 9, 1996 1996-03-18 House Journal Page 3185 Representative Sanders - from 5:45 p.m., April 4 to 9:30 a.m., plane time, April 9, 1996 RECONSIDERATION HB 428 Representative Finkelstein brought up reconsideration of the vote on CSHB428(FIN) am (page 3154). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 428(FIN) am 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, and setting conditions and limitations on the facility's design, construction, and operation. Representative Bunde placed a call of the House. The call was satisfied. The question to be reconsidered: Shall CSHB 428(FIN) am pass the House? The roll was taken with the following result: CSHB 428(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 21 NAYS: 17 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Robinson, Sanders, Vezey, Williams, Willis 1996-03-18 House Journal Page 3186 HB 428 Excused: Brice, Grussendorf And so, CSHB 428(FIN) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HJR 47 Representative James added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 47 Supporting continued funding of the Alaska National Guard Youth Corps Challenge Program. SB 86 Representative Mackie added his name as cross sponsor to: CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates. SB 197 Representative Davies added his name as cross sponsor to: CS FOR SENATE BILL NO. 197(L&C) An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. ENGROSSMENT HJR 62 HJR 62 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 428 CSHB 428(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-03-18 House Journal Page 3187 HB 484 HB 484 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 520 CSHB 520(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 523 HB 523 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. Joint Leadership Mtg. Speaker's Chamber 6:00 p.m., 3/18 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 19, 1996. There being no objection, the House adjourned at 12:01 p.m. Suzi Lowell Chief Clerk