Legislature(1995 - 1996)
1996-03-22 House Journal
Full Journal pdf1996-03-22 House Journal Page 3263 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 22, 1996 Seventy-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:05 a.m. Roll call showed 33 members present. Representatives Brown, Davies, Finkelstein, Grussendorf, Hanley, Mackie and Navarre were absent and their presence was noted later. Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Kelly - from 10:30 a.m., to 1:00 p.m., today 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, my Heavenly Father, I stand amazed at Your faithfulness, and even more as the wonders of the heavens are viewed through man-made instruments. O, that we might more fully comprehend and understand Your character, and Your love that You have attempted to bestow upon the human race. Father, these legislators are in this position of trust, because they have a desire to help their fellow man, and to be faithful stewards of this magnificent planet You have given to us. 1996-03-22 House Journal Page 3264 This is Friday, and I thank You for allowing us to once again seek wisdom, as we continue with this important business of helping one another. Father, on Your Planet, in this state, in this capitol, in this house chamber today, every person from the spectators in the gallery, pages on the floor, clerks at their desks, support workers, press, and the legislators, all have their needs. Hear their own individual prayers and answer according to Your will I pray. As we allow, guide us, strengthen us, empower us and work through us, and we will attempt to give You the glory. I thank You also for allowing me to be in this chamber this week. In the name of Jesus, my Savior and precious Friend - Amen. The Pledge of Allegiance was led by Representative B.Davis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 74th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 22, 1996, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following name for legislative confirmation of appointment to the position noted: The following appointment was referred to the State Affairs and Resources Committees: Dept. of Environmental Conservation Commissioner Michele Brown A resume for the appointment is on file in the Chief Clerk's office. 1996-03-22 House Journal Page 3265 REPORTS OF STANDING COMMITTEES HR 12 The Health, Education & Social Services Committee has considered: HOUSE RESOLUTION NO. 12 Supporting the collective bargaining agreement between the University of Alaska and the Alaska Community Colleges Federation of Teachers. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Robinson, Brice No recommendation (3): Rokeberg, Bunde, Toohey The following fiscal note applies: Fiscal note, University of Alaska, 3/22/96 HR 12 was referred to the Labor & Commerce Committee. HCR 30 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to rights of public school students. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 30(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Toohey, Robinson, Brice No recommendation (2): Rokeberg, Bunde 1996-03-22 House Journal Page 3266 HCR 30 Amend (1): Vezey The following fiscal note applies to CSHCR 30(HES): Zero fiscal note, Dept. of Education, 3/22/96 HCR 30 was referred to the Judiciary Committee. HB 216 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 216 An Act establishing the Alaska education technology program; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 216(HES) (same title) The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): G.Davis, Rokeberg, Robinson, Brice Do not pass (1): Vezey No recommendation (1): Toohey The following fiscal note applies to CSHB 216(HES): Zero fiscal note, Dept. of Education, 3/22/96 HB 216 was referred to the Finance Committee. 1996-03-22 House Journal Page 3267 HB 542 The Resources Committee has considered: HOUSE BILL NO. 542 An Act relating to participation in matters before the Board of Fisheries by members of the board. and recommends it be replaced with: CS FOR HOUSE BILL NO. 542(FSH) (same title) The report was signed by Representative Williams, Co-chair, with the following individual recommendations: Do pass (6): Davies, Long, Green, Kott, Austerman, Williams No recommendation (2): Nicholia, Ogan The following fiscal note applies to CSHB 542(FSH): Zero fiscal note, House Special Committee on Fisheries, 3/21/96 HB 542 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 342 The House Special Committee on Oil and Gas has considered: HOUSE BILL NO. 342 An Act relating to water quality. and recommends it be replaced with: CS FOR HOUSE BILL NO. 342(O&G) (same title) 1996-03-22 House Journal Page 3268 HB 342 The report was signed by Representative Rokeberg, Chair, with the following individual recommendations: Do pass (1): Rokeberg No recommendation (3): G.Davis, B.Davis, Williams The following fiscal notes apply to CSHB 342(O&G): Fiscal note, Dept. of Environmental Conservation, 3/22/96 Fiscal note, Dept. of Fish & Game, 3/22/96 HB 342 was referred to the Resources Committee. SB 6 The Conference Committee considering HCS SB 6(CRA) and SB 6 am recommends the following be adopted: CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. The report was signed by Senators Taylor (Chair), Donley (who signed no recommendation) and Halford (who signed do not pass); and, Representatives Porter (Chair) and Navarre. The report was received in the Chief Clerk's office at 8:15 a.m., March 22, 1996. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Scott Bidwell, 1996 NEA-Alaska, Educational Support Person of the Year By Representative Brice 1996-03-22 House Journal Page 3269 ªComment: #END ß**The presence of Representatives Grussendorf, Finke n Mackie was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 545 HOUSE BILL NO. 545 by the House Rules Committee by request of the Governor, entitled: An Act relating to the cost-of-living differential for certain public employees residing in the state and the criteria for determining eligibility for the differential; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. The following fiscal notes apply: Zero fiscal note, Dept. of Administration, 3/22/96 Zero fiscal note, Dept. of Revenue, 3/22/96 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/22/96 The Governor's transmittal letter, dated March 22, 1996, appears below: Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that would clarify how the state applies the cost of living pay differential for public employees. This bill sets up a framework of eligibility criteria and defines state residency for the purpose of pay differentials which are required for certain public employees under collective bargaining agreements. By codifying the states interpretation of the pay differentials, this legislation will help avoid conflicts and legal actions on this issue. The state has been in disputes with employees of the marine highway system over a definition of state residency and the eligibility criteria for the pay differential. Arbitrators have used different, and sometimes 1996-03-22 House Journal Page 3270 HB 545 inconsistent, criteria in resolving the disputes. Confusion over the criteria and whether it is subject to union bargaining has also led to court litigation. This diverse situation has made it difficult to administer the differential program. This bill resolves most of the uncertainty in the program by applying the permanent fund dividend definition of state resident, which has been tested in court. In addition, this bill authorizes the Department of Administration to adopt regulations to further clarify the criteria for pay differentials as the need arises. This would make it clear that the department has this authority and that criteria for the pay differential is not subject to collective bargaining. I urge your prompt action on this bill. Sincerely, /s/ Tony Knowles Governor HB 546 HOUSE BILL NO. 546 by the House State Affairs Committee, entitled: An Act providing for and relating to the issuance of general obligation bonds in the amount of $600,211,000 for the purpose of paying the cost of acquiring, constructing, reconstructing, and equipping public schools and of repair and major maintenance of public school and University of Alaska facilities; and providing for an effective date. was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 316 The following was read the second time: 1996-03-22 House Journal Page 3271 HB 316 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. with the: Journal Page JUD RPT CS(JUD) NT 6DP 1NR 2825 FISCAL NOTE (COURT) 2826 FIN REFERRAL ADDED 2845 FIN RPT CS(FIN) NT 7DP 2NR 3055 FISCAL NOTE (COURT) 3056 **The presence of Representatives Brown, Davies and Hanley 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. 316(FIN) An Act relating to civil liability; amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB316(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. Representative Kubina placed a call of the House and lifted the call. **The presence of Representative Navarre was noted. Representative Kubina withdrew the objection to advancement. There being no further objection, it was so ordered. CSHB 316(FIN) was read the third time. 1996-03-22 House Journal Page 3272 HB 316 Title Amendment was offered by Representative Mulder: Page 1, line 1, following "liability": Insert "for certain false allegations or material misstatements of fact in a civil pleading or proceeding, for certain improper acts relating to signing a civil pleading, for certain improper acts relating to civil pleadings or proceedings, for making an intentional false statement of a material fact, for acting on a civil claim or defense without probable cause, or for acting for a purpose other than proper adjudication of a civil claim" Representative Mulder moved and asked unanimous consent that Title Amendment be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 316(FIN)(title am) An Act relating to civil liability for certain false allegations or material misstatements of fact in a civil pleading or proceeding, for certain improper acts relating to signing a civil pleading, for certain improper acts relating to civil pleadings or proceedings, for making an intentional false statement of a material fact, for acting on a civil claim or defense without probable cause, or for a purpose other than proper adjudication of a civil claim; amending Rules 13(e) and 82(b), Alaska Rules of Civil Procedure; and providing for an effective date. **Representative Kelly who had been previously excused left the Chamber. The question being: Shall CSHB 316(FIN)(title am) pass the House? The roll was taken with the following result: CSHB 316(FIN)(title am) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1996-03-22 House Journal Page 3273 HB 316 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Representative Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Kelly And so, CSHB 316(FIN)(title am) 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 Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. CSHB 316(FIN)(title am) was referred to the Chief Clerk for engrossment. HB 365 The following was read the second time: HOUSE BILL NO. 365 An Act relating to the offense of possession of tobacco by a minor. with the: Journal Page STA RPT 4DP 2989 ZERO FISCAL NOTE (DPS) 2990 JUD RPT 5DP 3145 ZERO FISCAL NOTE (DPS) 3/6/96 3146 Representative Vezey moved and asked unanimous consent that HB 365 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-03-22 House Journal Page 3274 HB 365 HB 365 was read the third time. The question being: Shall HB 365 pass the House? The roll was taken with the following result: HB 365 Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis Nays: Vezey Excused: Kelly Absent: Williams And so, HB 365 passed the House and was referred to the Chief Clerk for engrossment. HB 450 The following was read the second time: HOUSE BILL NO. 450 An Act relating to trademarks; amending Alaska Rule of Appellate Procedure 609; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) NT 2DP 5NR 2829 FISCAL NOTE (DCED) 2830 JUD RPT CS(L&C) NT 2DP 2NR 1AM 2991 FISCAL NOTE (DCED) 2/21/96 2991 FIN REFERRAL ADDED 3004 FIN RPT CS(FIN) NT 3DP 5NR 3090 FISCAL NOTE (DCED) 2/21/96 3090 1996-03-22 House Journal Page 3275 HB 450 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. 450(FIN) An Act relating to trademarks; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB450(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 450(FIN) was read the third time. The question being: Shall CSHB 450(FIN) pass the House? The roll was taken with the following result: CSHB 450(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Kelly And so, CSHB 450(FIN) 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. CSHB 450(FIN) was referred to the Chief Clerk for engrossment. 1996-03-22 House Journal Page 3276 HB 462 The following was read the second time: 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. with the: Journal Page TRA RPT 1DP 4NR 2AM 3057 FISCAL NOTE (COR) 3057 ZERO FISCAL NOTE (2-DPS) 3057 JUD RPT 6DP 3090 FISCAL NOTE (COR) 3/11/96 3091 2 ZERO FISCAL NOTES (2-DPS) 3/11/96 3091 FIN REFERRAL ADDED 3098 FIN REFERRAL WAIVED 3138 Amendment No. 1 was offered by Representative Porter: Page 2, following line 1: Insert a new bill section to read: * Sec. 2. AS 28.35.030(n) is amended to read: (n) A person is guilty of a class C felony if the person is convicted of driving while intoxicated and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTED, THE PROVISIONS OF (O)(4) OF THIS SECTION APPLY, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß minimum sentences based on previous convictions the provisions of (o)(4) of this section apply. Upon conviction the court (1) shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; 1996-03-22 House Journal Page 3277 HB 462 (B) 240 days if the person has been previously convicted three times; (C) 360 days if the person has been previously convicted four or more times; (2) may not (A) suspend execution of sentence or grant probation except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) shall revoke the persons drivers license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c); (4) may order as a condition of probation or parole that the person take a drug or combination of drugs, intended to prevent the consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; and (5) may also order forfeiture under AS 28.35.036 of the vehicle or aircraft used in the commission of the offense, subject to remission under AS 28.35.037. Page 2, following line 12: Insert a new bill section to read: * Sec. 4. AS 28.35.032(p) is amended to read: (p) A person is guilty of a class C felony if the person is convicted under this section and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTED, THE PROVISIONS OF AS 28.35.030(O)(4) APPLY, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß minimum sentences based on previous convictions the provisions of AS 28.35.030(o)(4) apply. Upon conviction, (1) the court shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; (B) 240 days if the person has been previously convicted three times; 1996-03-22 House Journal Page 3278 HB 462 (C) 360 days if the person has been previously convicted four or more times; (2) the court may not (A) suspend execution of the sentence required by (1) of this subsection or grant probation, except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) the court shall revoke the persons drivers license, privilege to drive, or privilege to obtain a license under AS 28.15.181(c); (4) the court may order as a condition of probation or parole that the person take a drug or combination of drugs intended to prevent consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; (5) the sentence imposed by the court under this subsection shall run consecutively with any other sentence of imprisonment imposed on the person; and (6) the court may also order forfeiture under AS 28.35.036, of the vehicle or aircraft used in the commission of the offense, subject to remission under AS 28.35.037. Renumber the following bill sections accordingly. Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that HB462 am be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that HB 462 am would be in third reading on the March 26, 1996, calendar. 1996-03-22 House Journal Page 3279 HB 466 The following was read the second time: HOUSE BILL NO. 466 An Act establishing the Adak Reuse Authority. with the: Journal Page MLV RPT 2DP 4NR 2775 ZERO FISCAL NOTE (DMVA) 2775 FIN RPT CS(FIN) 3DP 1NR 2AM 3195 FISCAL NOTE (DCRA) 3195 ZERO FISCAL NOTE (DMVA) 2/15/96 3195 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. 466(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Moses: Page 6, line 4, after "not": Insert "issue bonds to" Representative Moses moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Moses: Page 13, lines 9- 13: Delete all material and insert: "Sec. 30.17.320. SUCCESSION. The authority is dissolved one year after the date of incorporation of a municipality, other than a second class city, that has an area coterminous with or inclusive of the area formerly encompassed by the Adak Naval Air Facility. Upon dissolution of the authority, the municipality succeeds to the assets and liabilities of the authority and succeeds to the rights, powers, and duties of the authority under contracts 1996-03-22 House Journal Page 3280 HB 466 to which the authority is a party on the date of dissolution. Except for this section, this chapter is not applicable to a municipality that succeeds the authority." Representative Moses moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB466(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 466(FIN) am was read the third time. The question being: Shall CSHB 466(FIN) am pass the House? The roll was taken with the following result: CSHB 466(FIN) am Third Reading Final Passage YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Long, Masek, Navarre, Rokeberg Excused: Kelly And so, CSHB 466(FIN) am passed the House and was referred to the Chief Clerk for engrossment. HB 517 The Speaker stated that, without objection, the following would be moved down the calendar to follow HB 63: 1996-03-22 House Journal Page 3281 HB 517 HOUSE BILL NO. 517 An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial motor vehicles; relating to renewal of a driver's license by mail; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date. HB 63 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. with the: Journal Page TRA RPT CSSS(TRA) 3DP 3NR 2564 FISCAL NOTE (DPS) 2564 STA RPT 3DP 1DNP 2NR 2824 FISCAL NOTE (DPS) 1/30/96 2824 FIN REFERRAL WAIVED 3137 Representative Vezey moved and asked unanimous consent that SSHB63 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SSHB 63 was read the third time. The question being: Shall SSHB 63 pass the House? The roll was taken with the following result: SSHB 63 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1996-03-22 House Journal Page 3282 HB 63 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Kelly And so, SSHB 63 passed the House and was referred to the Chief Clerk for engrossment. HB 517 The following, which had been moved down the calendar to follow HB63 (page 3279) was read the second time: HOUSE BILL NO. 517 An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial motor vehicles; relating to renewal of a drivers license by mail; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date. with the: Journal Page TRA RPT CS(TRA) NT 3DP 4NR 3058 2 ZERO FISCAL NOTES (DOT, DPS) 3058 JUD REFERRAL WAIVED 3138 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. 517(TRA) An Act relating to records and hearings of the Department of Public Safety; relating to a temporary permit to drive a motor vehicle; relating to regulation of motor vehicles and commercial 1996-03-22 House Journal Page 3283 HB 517 motor vehicles; relating to ownership of certain abandoned motor vehicles; relating to renewal of a drivers license by mail; relating to commercial driver training schools; increasing the property damage amounts for proof of financial responsibility and proof of motor vehicle eligibility in order to lawfully operate a motor vehicle in the state; relating to certain notifications in accidents involving property damage; relating to motor vehicle registration procedures; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ogan: Page 9, line 20: Delete 150 ª300ß Insert 300 Representative Ogan moved and asked unanimous consent that Amendment No. 1 be adopted. Representative G.Davis objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 517(TRA) Second Reading Amendment No. 1 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 1 Yeas: B.Davis, James, Kohring, Kott, Kubina, Masek, Moses, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Therriault, Vezey, Willis Nays: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, Long, Mackie, Martin, Mulder, Navarre, Phillips, Porter, Sanders, Toohey, Williams Excused: Kelly Absent: Hanley 1996-03-22 House Journal Page 3284 HB 517 And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB517(TRA) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The Speaker stated that CSHB 517(TRA) would be in third reading on the March 25, 1996, calendar. SECOND READING OF HOUSE RESOLUTIONS HJR 54 The following was read the second time: 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. with the: Journal Page O&G RPT CS(O&G) 3DP 3NR 1AM 2749 FISCAL NOTE (DNR) 2749 RES RPT CS(RES) 7DP 3171 ZERO FISCAL NOTE (H.RES/DNR) 3172 FIN REFERRAL WAIVED 3225 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) (same title) 1996-03-22 House Journal Page 3285 HJR 54 There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Therriault: Page 1, line 14: Delete one possible Insert a Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHJR 54(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 54(RES) am was read the third time. The question being: Shall CSHJR 54(RES) am pass the House? The roll was taken with the following result: CSHJR 54(RES) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 1 ABSENT: 3 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Kelly Absent: Bunde, Martin, Moses And so, CSHJR 54(RES) am passed the House and was referred to the Chief Clerk for engrossment. 1996-03-22 House Journal Page 3286 **Representative Davies who had been previously excused left the Chamber. 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: Commemorating - Women's History Month By Representatives B.Davis, Brice, Bunde, Brown, Davies, B.Davis, Elton, Green, Grussendorf, James, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis Honoring - Erica L. Desa Jacobsson-Willard By Senator Duncan; Representatives Elton, Robinson, Brown, Davies, B.Davis, Elton, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis SPECIAL ORDER OF BUSINESS Representative Barnes moved and asked unanimous consent that the following citation be taken up as a Special Order of Business at this time: Honoring - Shigenobu Yamamoto, Consul General of Japan By Senator Pearce; Representatives Phillips, Barnes, Austerman, Hanley, Kohring, Long, Martin, Mulder, Porter, Toohey There being no objection, it was so ordered. Representative Barnes moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. 1996-03-22 House Journal Page 3287 UNFINISHED BUSINESS SB 6 Representative Vezey moved that the House adopt the Conference Committee report (page 3268) by the Conference Committee considering: HOUSE CS FOR SENATE BILL NO. 6(CRA) An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. and SENATE BILL NO. 6 am (same title) thus adopting CCS SB 6, and recommended that the members vote no. The question being: Shall the House adopt the Conference Committee report? The roll was taken with the following result: CCS SB 6 Adopt YEAS: 1 NAYS: 34 EXCUSED: 2 ABSENT: 3 Yeas: Navarre Nays: Austerman, Barnes, Brice, Brown, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Davies, Kelly Absent: Bunde, Martin, Moses And so, the House failed to adopt the Conference Committee report, thus failing to adopt: 1996-03-22 House Journal Page 3288 SB 6 CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. The Chief Clerk was instructed to so notify the Senate. HCS SB 6(CRA) is under Unfinished Business. HB 329 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 329 An Act providing for restitution to the state for the unlawful taking of game. HB 329 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. RECONSIDERATION HB 498 Representative Kubina brought up reconsideration of the vote on HB 498 (page 3247). The following was again before the House in third reading: HOUSE BILL NO. 498 An Act naming the Bette Cato Bridge in Valdez. The question to be reconsidered: Shall HB 498 pass the House? The roll was taken with the following result: HB 498--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 2 ABSENT: 5 1996-03-22 House Journal Page 3289 HB 498 Yeas: Austerman, Barnes, Brice, Brown, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Martin, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davies, Kelly Absent: Bunde, Long, Masek, Moses, Willis And so, HB 498 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 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 Navarre - from 6:00 p.m., March 22 to 9:00 p.m., plane time, March 24, 1996 Representative Kott - from 6:30 p.m., March 22 to 1:45 p.m., March 24, 1996 Representative Mackie - from 6:00 a.m., March 26 to 6:00 p.m., plane time, March 27, 1996 HJR 54 Representatives Masek, Williams, Therriault and Ivan added their names as cosponsors to: CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) am 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. 1996-03-22 House Journal Page 3290 HB 63 Representative Brice added his name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 63 An Act relating to special request licenses depicting the sport of dog mushing. HB 216 Representatives Robinson and Brice added their names as cosponsors to: HOUSE BILL NO. 216 An Act establishing the Alaska education technology program; and providing for an effective date. HB 293 Representative Kohring added his name as cosponsor to: HOUSE BILL NO. 293 An Act relating to the use of force in defense of persons or property. HB 365 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 365 An Act relating to the offense of possession of tobacco by a minor. HB 386 Representative Robinson added her name as cosponsor to: CS FOR HOUSE BILL NO. 386(JUD) An Act relating to cruelty to animals and to the power of first and second class boroughs to prohibit cruelty to animals. HB 458 Representative Long added his name as cosponsor to: HOUSE BILL NO. 458 An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. 1996-03-22 House Journal Page 3291 HB 462 Representative B.Davis added her name as cosponsor to: 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 466 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 466(FIN) am An Act establishing the Adak Reuse Authority. ENGROSSMENT HJR 54 CSHJR 54(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 60 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE JOINT RESOLUTION NO. 60(RES) Relating to Revised Statute 2477 rights-of-way. HB 63 SSHB 63 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 316 CSHB 316(FIN)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-03-22 House Journal Page 3292 HB 365 HB 365 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 386 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 386(JUD) An Act relating to cruelty to animals and to the power of first and second class boroughs to prohibit cruelty to animals. HB 450 CSHB 450(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 466 CSHB 466(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 498 HB 498 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. Majority Caucus Speaker's Chamber 2:00 p.m., 3/24 Minority Caucus 10:15 a.m., 3/25 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjournal until 11:00 a.m., March 25, 1996. There being no objection, the House adjourned at 12:46 p.m. Suzi Lowell Chief Clerk