Legislature(1995 - 1996)
1996-03-19 House Journal
Full Journal pdf1996-03-19 House Journal Page 3189 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 19, 1996 Seventy-second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:16 a.m. Roll call showed 31 members present. Representatives Hanley, Ivan, Kott, Kubina, Nicholia, Ogan, Porter, Robinson and Therriault 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 Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: To You, O Lord, do I lift up my prayers. In You, my God, do I put my trust. Don't let us be put to shame. Teach us Your ways, O Lord, and show us which way to go. Show us the truth and help us to live it. You are our God, and my Savior. Our hope is in no one but You. Remember Your kindness and love which You have shown to us in days gone by, and today we come again, because of Your invitation, to praise You and to thank You for the many blessings which You have bestowed upon us. Please remember us in the work we have to do today, with Your wisdom and Your Holy Spirit as our guide, and we will be thankful and rejoice at how You have brought solutions to the many problems that lay before us. 1996-03-19 House Journal Page 3190 How could we but praise You, when we see how You have led us in the past; therefore, we commit this day's agenda to You. In Christ's Wonderful Name, Amen. The Pledge of Allegiance was led by Representative Moses. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 71st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 42 A message dated March 18, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 42 (STA) am An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting. with the following amendment with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 42(FIN) An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date. CSHB 42(STA) am is under Unfinished Business. A message dated March 18, 1996, was read stating the Senate has has passed the following, and they are transmitted for consideration: 1996-03-19 House Journal Page 3191 FIRST READING AND REFERENCE OF SENATE BILLS SB 226 CS FOR SENATE BILL NO. 226(FIN) am by the Senate Finance Committee, entitled: An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; and providing for an effective date. was read the first time and referred to the Finance Committee. **The presence of Representatives Ivan and Robinson was noted. ed. SB 232 CS FOR SENATE BILL NO. 232(FIN) by the Senate Finance Committee, entitled: An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals. was read the first time and referred to the Judiciary and Finance Committees. SB 241 SENATE BILL NO. 241 by Senator Torgerson, entitled: An Act relating to the use of studded tires on the Sterling Highway. was read the first time and referred to the Transportation Committee. **The presence of Representative Porter was noted. 1996-03-19 House Journal Page 3192 REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Greg Roczicka Victor Van Ballenberghe as members of the Board of Game. The reports were signed by Representative James, Chair; and Representatives Green, Porter, Willis, Ogan, Ivan and Robinson. Anne K. Ruggles as a member of the Board of Game. The report was signed by Representative James, Chair; and Representatives Porter, Willis, Ogan, Ivan and Robinson. The reports stated that they did not reflect an intent by any of the members to vote for or against the named individual during any further session for the purposes of confirmation. The Labor & Commerce Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Linda L. Freed Ruth Blackwell Larry Spencer Clair Ramsey Gordon J. Severson Eleanor F. Oakley as members of the Real Estate Commission. 1996-03-19 House Journal Page 3193 The reports were signed by Representative Kott, Chair; and Representatives Rokeberg, Sanders and Elton The reports stated that they did not reflect an intent by any of the members to vote for or against the named individual during any further session for the purposes of confirmation. The Judiciary Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Sharon Nahorney as a member of the Commission on Judicial Conduct. The report was signed by Representative Porter, Chair; and Representatives Bunde, Finkelstein, Green, Toohey and B.Davis. The report stated that it did not reflect an intent by any of the members to vote for or against the named individual during any further session for the purposes of confirmation. HB 318 The Judiciary Committee has considered: HOUSE BILL NO. 318 An Act relating to advance directives for mental health treatment. and recommends it be replaced with: CS FOR HOUSE BILL NO. 318(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (7): Porter, Vezey, Finkelstein, B.Davis, Green, Bunde, Toohey 1996-03-19 House Journal Page 3194 HB 318 The following fiscal note applies to CSHB 318(JUD): Zero fiscal note, Dept. of Health & Social Services, 3/8/96 HB 318 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Ogan was noted. HB 359 The Judiciary Committee has considered: 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. and recommends it be replaced with: CS FOR HOUSE BILL NO. 359(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Bunde, Porter, Green, Toohey No recommendation (2): Finkelstein, B.Davis The following fiscal note applies to CSHB 359(JUD): Zero fiscal note, Office of the Governor, 3/11/96 HB 359 was referred to the Rules Committee for placement on the calendar. 1996-03-19 House Journal Page 3195 HB 466 The Finance Committee has considered: HOUSE BILL NO. 466 An Act establishing the Adak Reuse Authority. and recommends it be replaced with: CS FOR HOUSE BILL NO. 466(FIN) (same title) The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (3): Foster, Mulder, Kohring No recommendation (1): Martin Amend (2): Navarre, Brown The following fiscal notes apply to CSHB 466(FIN): Fiscal note, Dept. of Community & Regional Affairs, 3/19/96 Zero fiscal note, Dept. of Military & Veterans' Affairs, 2/15/96 HB 466 was referred to the Rules Committee for placement on the calendar. HB 479 The Judiciary 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(JUD) (same title) 1996-03-19 House Journal Page 3196 HB 479 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Vezey, Porter, Toohey Do not pass (1): Finkelstein No recommendation (3): B.Davis, Green, Bunde The following fiscal note applies to CSHB 479(JUD): Zero fiscal note, Dept. of Commerce & Economic Development, 3/18/96 HB 479 was referred to the Rules Committee for placement on the calendar. HB 493 The Judiciary Committee has considered: HOUSE BILL NO. 493 An Act relating to involuntary commitment for alcoholism or drug abuse. and recommends it be replaced with: CS FOR HOUSE BILL NO. 493(JUD) An Act relating to treatment for alcoholism or drug abuse. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Bunde, Green Do not pass (1): Toohey No recommendation (3): Vezey, Finkelstein, B.Davis 1996-03-19 House Journal Page 3197 HB 493 The following fiscal notes apply to CSHB 493(JUD): Fiscal note, Alaska Court System, 3/19/96 Fiscal note, Dept. of Health & Social Services, 3/19/96 Indeterminate fiscal notes (2), Dept. of Administration, 3/19/96 Zero fiscal note, Dept. of Public Safety, 3/19/96 HB 493 was referred to the Finance Committee. **The presence of Representative Therriault was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - United Way of Tanana Valley By Representative Brice Honoring - North Pacific Marine Science Foundation Donors By Senator Pearce Commemorating - National Agriculture Day, March 20, 1996 By Senator Green In Memoriam - Thelma Tocktoo By Representative Foster; Senator Adams INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 544 HOUSE BILL NO. 544 by the House Labor & Commerce Committee by request, entitled: An Act relating to the use of the terms `health and `disability in the context of insurance coverage. was read the first time and referred to the Labor & Commerce and Finance Committees. 1996-03-19 House Journal Page 3198 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 391 The following was read the second time: HOUSE BILL NO. 391 An Act relating to succession to assets and liabilities of dissolved municipalities. with the: Journal Page CRA RPT CS(CRA) NT 3DP 2NR 2681 3 ZERO FISCAL NOTES (LAW, DNR, DCRA) 2682 JUD RPT CS(CRA) 5 NR 2958 3 ZERO FNS (LAW, DNR, DCRA) 2/9/96 2958 FIN REFERRAL WAIVED 3137 **The presence of Representatives Kubina and Nicholia 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. 391(CRA) An Act relating to succession to assets and liabilities of dissolved municipalities, and to the administration and disposal of certain land of dissolved municipalities. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB391(CRA) be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. **The presence of Representative Hanley was noted. CSHB 391(CRA) was read the third time. 1996-03-19 House Journal Page 3199 HB 391 The Speaker stated that, without objection, CSHB 391(CRA) would be returned to the Rules Committee. HB 457 The following was read the second time: HOUSE BILL NO. 457 An Act relating to the unlicensed practice of certain occupations for which licenses are required. with the: Journal Page STA RPT CS(STA) 4DP 2869 ZERO FISCAL NOTE (DCED) 2869 JUD RPT CS(STA) 3DP 1NR 3024 ZERO FISCAL NOTE (DCED) 2/23/96 3024 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. 457(STA) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB457(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 457(STA) was read the third time. The question being: Shall CSHB 457(STA) pass the House? The roll was taken with the following result: CSHB 457(STA) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 1996-03-19 House Journal Page 3200 HB 457 Yeas: Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Davies, Ogan, Vezey Absent: Parnell And so, CSHB 457(STA) passed the House and was referred to the Chief Clerk for engrossment. HB 284 The following was read the second time: HOUSE BILL NO. 284 An Act relating to the Alaska Commercial Fishing and Agriculture Bank. with the: Journal Page FSH RPT 2DP 2NR 1398 2 ZERO FISCAL NOTES (REV, F&G) 1399 L&C RPT 3DP 3NR 1733 2 ZERO FNS (REV, F&G) 4/20/95 1733 FIN RPT CS(FIN) 9DP 1NR 3174 FISCAL NOTE (REV) 3175 ZERO FISCAL NOTE (F&G) 3175 LETTER OF INTENT WITH FIN REPORT 3175 The Rules Committee submitted the following fiscal note: Zero fiscal note, Dept. of Revenue, 3/19/96 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. 284(FIN) (same title) 1996-03-19 House Journal Page 3201 HB 284 There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB284(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 284(FIN) was read the third time. The question being: Shall CSHB 284(FIN) pass the House? The roll was taken with the following result: CSHB 284(FIN) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Austerman, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes, Brice, Brown, Davies, Kubina, Parnell And so, CSHB 284(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the House adopt the Finance Committee letter of intent (page 3175). There being no objection, it was so ordered. CSHB 284(FIN) was referred to the Chief Clerk for engrossment. HB 502 The following was read the second time: HOUSE BILL NO. 502 An Act relating to the auctioning of real estate. 1996-03-19 House Journal Page 3202 HB 502 with the: Journal Page L&C RPT 2DP 1DNP 4NR 3092 ZERO FISCAL NOTE (DCED) 3092 FIN REFERRAL WAIVED 3138 Representative Vezey moved and asked unanimous consent that HB502 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 502 was read the third time. The question being: Shall HB 502 pass the House? The roll was taken with the following result: HB 502 Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Therriault, Toohey, Vezey, Williams, Willis Nays: Masek, Rokeberg, Sanders Absent: Brown, Davies And so, HB 502 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 131 The following was read the second time: SENATE BILL NO. 131 An Act relating to investments by fiduciaries. 1996-03-19 House Journal Page 3203 SB 131 with the: Journal Page L&C RPT 2DP 4NR 2683 ZERO FISCAL NOTE (DCED) 2683 FIN REFERRAL WAIVED 3005 Amendment No. 1 was offered by Representative Kott: Page 3, line 9: Delete "AS 13.60.060(b)" Insert "AS 13.90.010" Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that SB131 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 131 am H was read the third time. The question being: Shall SB 131 am H pass the House? The roll was taken with the following result: SB 131 am H Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, 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 Absent: Brown, Davies 1996-03-19 House Journal Page 3204 SB 131 And so, SB 131 am H passed the House and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 42 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 3190) on the following at this time: CS FOR HOUSE BILL NO. 42 (STA) am An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting. and SENATE CS FOR CS FOR HOUSE BILL NO. 42(FIN) An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date. (Technical title change.) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 42(STA) am, thus adopting SCS CSHB 42(FIN), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 42(STA) am? The roll was taken with the following result: SCS CSHB 42(FIN) Concur YEAS: 35 NAYS: 0 EXCUSED: 0 ABSENT: 5 1996-03-19 House Journal Page 3205 HB 42 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Brice, Brown, Davies, Kubina, Moses And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 42(FIN). 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 42(FIN) was referred to the Chief Clerk for enrollment. HCR 29 The Speaker waived the State Affairs Committee referral on the following at the request of Representative James, Chair: HOUSE CONCURRENT RESOLUTION NO. 29 Providing for a contest among the elementary school students of Alaska to name the new ferry of the Alaska marine highway system. HCR 29 was removed from the State Affairs Committee and referred to the Rules Committee for placement on the calendar. Representative Vezey moved and asked unanimous consent that the the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Mulder - from 6:55 a.m., March 20 to 10:05 p.m., plane time, March 21, 1996 1996-03-19 House Journal Page 3206 Representative Barnes - from 6:00 p.m., March 20 to 9:25 a.m., plane time, March 22, 1996 Representative Rokeberg - from 5:00 p.m., April 4 to 9:30 a.m., plane time, April 9, 1996 ENGROSSMENT HB 284 CSHB 284(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted with a Finance Committee letter of intent to the Senate for consideration. HB 457 CSHB 457(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 502 HB 502 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 131 SB 131 am H 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. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 20, 1996. There being no objection, the House adjourned at 11:19 a.m. Suzi Lowell Chief Clerk