Legislature(1995 - 1996)

1996-03-27 House Journal

Full Journal pdf

1996-03-27                     House Journal                      Page 3385
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            March 27, 1996         
                                                                               
                                Eightieth Day                                
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:16 a.m.                                                         
                                                                               
Roll call showed 37 members present.  Representative James was                 
excused due to illness.   Representatives Hanley and Navarre were              
absent and their presence was noted later.                                     
                                                                               
The invocation was offered by the Chaplain, Mary Hagen of the Baha'i           
Faith.  Representative Bunde moved and asked unanimous consent that            
the invocation be spread on the journal.  There being no objection, it         
appears below:                                                                 
                                                                               
O Thou kind Lord!  These lovely children are the handiwork                    
of the fingers of Thy might and the wondrous signs of Thy                      
greatness.  O God!  Protect these children, graciously assist                  
them to be educated and enable them to render service to the                   
world of humanity.  O God!  These children are pearls, cause                   
them to be nurtured within the shell of Thy loving kindness.                   
                                                                               
Thou art the Bountiful, the All-Loving.                                       
                                                                               
 Abdu'l-Baha                                                                  
                                                                               
The Pledge of Allegiance was led by Representative Ogan.                       
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 79th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     

1996-03-27                     House Journal                      Page 3386
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 523                                                                       
A message dated March 26, 1996, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE BILL NO. 523                                                            
An Act expressing the state's policy with respect to sobriety.                
                                                                               
HB 523 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
A message dated March 26, 1996, was read stating the Senate has            has 
passed the following, and they are transmitted for consideration:              
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 89                                                                        
CS FOR SENATE BILL NO. 89(FIN) am by the Senate Finance                        
Committee, entitled:                                                           
                                                                               
An Act relating to the members of the board and staff of the                  
Alaska Permanent Fund Corporation.                                             
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
SB 193                                                                       
CS FOR SENATE BILL NO. 193(L&C) by the Senate Labor &                          
Commerce Committee, entitled:                                                  
                                                                               
An Act requiring insurance coverage for certain costs of birth;               
and providing for an effective date.                                           
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Labor & Commerce Committees.                                      
                                                                               
SB 196                                                                       
SENATE BILL NO. 196 by Senator Zharoff, entitled:                              
                                                                               

1996-03-27                     House Journal                      Page 3387
SB 196                                                                       
An Act naming the new maritime ferry vessel Koniag.                           
                                                                               
was read the first time and referred to the Resources, Transportation          
and State Affairs Committees.                                                  
                                                                               
SB 250                                                                       
CS FOR SENATE BILL NO. 250(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
An Act relating to the University of Alaska and to assets of the              
University of Alaska; authorizing the University of Alaska to                  
select additional state public domain land, designating that land as           
`university trust land,' and describing the principles applicable to           
the land's management and the development of its resources; and                
defining the net income from the University of Alaska's                        
endowment trust fund as `university receipts' subject to prior                 
legislative appropriation.                                                     
                                                                               
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
**The presence of Representative Navarre was noted.                            
                                                                               
SB 261                                                                       
SENATE BILL NO. 261 by the Senate Labor & Commerce Committee                   
by request, entitled:                                                          
                                                                               
An Act relating to the release of employment security records;                
relating to an injunction or an employer's security for delinquent             
unemployment insurance contributions; extending time periods for               
redeterminations and appeals for unemployment insurance; relating              
to the overpayment or the redetermination of unemployment                      
insurance benefits; relating to availability for work, seeking work,           
and the calculation of wages for unemployment insurance                        
purposes; relating to voluntary federal tax withholding from                   
unemployment insurance benefits; relating to the binding effect of             
unemployment compensation decisions; relating to the definition                
of `waiting week' for employment security purposes; and                        
providing for an effective date.                                               
                                                                               

1996-03-27                     House Journal                      Page 3388
SB 261                                                                       
was read the first time and referred to the Labor & Commerce.                  
                                                                               
SB 305                                                                       
CS FOR SENATE BILL NO. 305(L&C) by the Senate Labor &                          
Commerce Committee by request, entitled:                                       
                                                                               
An Act relating to the regulation of accountants; and amending                
the effective date for sec. 6, ch. 62, SLA 1991.                               
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Health, Education & Social Services Committee has reviewed the             
qualifications of the following and recommends the appointments be             
forwarded to a joint session for consideration:                                
                                                                               
                             Peggy E. Connor Jones                             
                                Bruce F. Johnson                               
                               Marsha K. Van Abel                              
                                Jacquie Whitmore                               
                                                                               
as members of the Professional Teaching Practices Commission,                  
                                                                               
                               Joe L. Hayes, Jr.                               
                                                                               
as a member of the University of Alaska Board of Regents,                      
                                                                               
                                Pam Aldersebaes                                
                                                                               
as a member of the Board of Chiropractic Examiners,                            
                                                                               
                                Beverly Haywood                                
                                                                               
as a member of the Board of Clinical Social Work Examiners,                    
                                                                               
                                Mary C. Seutter                                
                                                                               

1996-03-27                     House Journal                      Page 3389
as a member of the Board of Dispensing Opticians,                              
                                                                               
                                  Mercy Dennis                                 
                                 Dixie A. Hood                                 
                              Sandra M. Samaniego                              
                                                                               
as members of the Board of Marital and Family Therapy,                         
                                                                               
                          Keith M. Brownsberger, M.D.                          
                                Beverly Fletcher                               
                             Donald G. Hudson, D.O.                            
                              Sarah A. Isto, M.D.                              
                              Suzanne H. Lombardi                              
                             Donald C. Olson, M.D.                             
                               Irvin A. Rothrock                               
                                                                               
as members of the State Medical Board,                                         
                                                                               
                                 Marilyn Holmes                                
                                                                               
as a member of the Board of Certified Direct-Entry Midwives,                   
                                                                               
                               Josephine Malemute                              
                                                                               
as a member of the Board of Nursing,                                           
                                                                               
                                Chris E. Coursey                               
                                                                               
as a member of the Board of Pharmacy,                                          
                                                                               
                               Leslie F. Schwartz                              
                                                                               
as a member of the State Physical Therapy and Occupational Therapy             
Board; and,                                                                    
                                                                               
                             Gail C. Shortell, Esq.                            
                                                                               
as a member of the Board of Psychologist and Psychological Associate           
Examiners.                                                                     
                                                                               
                                                                               

1996-03-27                     House Journal                      Page 3390
The reports did not reflect an intent by any of the members to vote for        
or against the named individuals during any further session for the            
purposes of confirmation.                                                      
                                                                               
The reports were signed by Representatives Toohey and Bunde, Co-               
chairs; and, Representatives Rokeberg, Robinson and G.Davis.                   
                                                                               
                                                                               
HJR 47                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE JOINT RESOLUTION NO. 47                                                 
Supporting continued funding of the Alaska National Guard Youth               
Corps Challenge Program.                                                       
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 47(STA)                                     
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  James, Porter, Green, Ivan, Robinson, Willis, Ogan               
                                                                               
The following fiscal note applies to CSHJR 47(STA):                            
                                                                               
Zero fiscal note, Office of the Governor, 2/15/96                              
                                                                               
HJR 47 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 345                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 345                                                            
An Act relating to the procurement of investment and brokerage                
services by the Alaska State Pension Investment Board.                         
                                                                               
and recommends it be replaced with:                                            
                                                                               

1996-03-27                     House Journal                      Page 3391
HB 345                                                                       
CS FOR HOUSE BILL NO. 345(STA)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative James, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do not pass (2):  Robinson, Willis                                             
                                                                               
No recommendation (4):  James, Porter, Green, Ogan                             
                                                                               
The following fiscal note applies to CSHB 345(STA):                            
                                                                               
Fiscal note, Dept. of Revenue, 3/27/96                                         
                                                                               
HB 345 was referred to the Labor & Commerce Committee.                         
                                                                               
                                                                               
HB 368                                                                       
The Judiciary 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.                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 368(JUD)                                                
An Act relating to election campaigns, election campaign                      
financing, the oversight and regulation of election campaigns, 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 Porter, Chair, with the                
following individual recommendations:                                          
                                                                               

1996-03-27                     House Journal                      Page 3392
HB 368                                                                       
Do pass (2): Porter, Toohey                                                    
                                                                               
No recommendation (3): Bunde, Finkelstein, B.Davis                             
                                                                               
Amend (1): Green                                                               
                                                                               
The following fiscal note applies to CSHB 368(JUD):                            
                                                                               
Fiscal note, Dept. of Administration, 3/12/96                                  
                                                                               
HB 368 was referred to the Finance Committee.                                  
                                                                               
HB 393                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 393                                                            
An Act relating to managed care for recipients of medical                     
assistance; and providing for an effective date.                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 393(HES)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Toohey, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (2): G.Davis, Rokeberg                                                 
                                                                               
Do not pass (1): Toohey                                                        
                                                                               
No recommendation (2): Bunde, Robinson                                         
                                                                               
Amend (1): Brice                                                               
                                                                               
The following fiscal note applies to CSHB 393(HES):                            
                                                                               
Zero fiscal note, Dept. of Health & Social Services, 3/27/96                   
                                                                               
HB 393 was referred to the State Affairs Committee.                            

1996-03-27                     House Journal                      Page 3393
HB 506                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 506                                                            
An Act relating to establishment of a fire fighting and safety                
training program by the University of Alaska.                                  
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5): G.Davis, Rokeberg, Bunde, Toohey, Robinson                        
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, University of Alaska, 3/27/96                                
                                                                               
HB 506 was referred to the Finance Committee.                                  
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Service High Hockey Team                                            
By Representative Parnell                                                      
                                                                               
In Memoriam - Mary G. McClure                                                  
By Senator Green                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 93                                                                        
The Speaker stated that, without objection, the following, which had           
been held over until today (page 3369), would be held over until the           
March 28, 1996, calendar:                                                      
                                                                               
HOUSE BILL NO. 93                                                             
An Act relating to the duty-free mealtime for teachers in certain             
school facilities.                                                             

1996-03-27                     House Journal                      Page 3394
HB 542                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 542                                                            
An Act relating to participation in matters before the Board of               
Fisheries by members of the board.                                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	FSH RPT  CS(FSH) 1DP 3NR                                         3240         
	ZERO FISCAL NOTE (H.FSH)                                         3241         
	RES RPT  CS(FSH) 6DP 2NR                                         3267         
	ZERO FISCAL NOTE (H.FSH) 3/21/96                                 3267         
	                                                                              
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. 542(FSH)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB542(FSH) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 542(FSH) was read the third time.                                         
                                                                               
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               
                                                                               
The question being:  Shall CSHB 542(FSH) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 542(FSH)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  2   EXCUSED:  1   ABSENT:  2                              
                                                                               

1996-03-27                     House Journal                      Page 3395
HB 542                                                                       
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
Kelly, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre,             
Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault,           
Toohey, Vezey, Williams, Willis                                                
                                                                               
Nays:  Kohring, Ogan                                                           
                                                                               
Excused:  James                                                                
                                                                               
Absent:  Masek, Sanders                                                        
                                                                               
And so, CSHB 542(FSH) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
HB 329                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 329                                                            
An Act providing for restitution to the state for the unlawful                
taking of game.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  1DP 1DNP 3NR                                            2988         
	ZERO FISCAL NOTE (DPS)                                           2989         
	FIN REFERRAL WAIVED                                              3288         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
HB329 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
                                                                               
HB 329 was read the third time.                                                
                                                                               
Representative Bunde placed a call of the House.                               
                                                                               
The call was satisfied.                                                        
                                                                               

1996-03-27                     House Journal                      Page 3396
HB 329                                                                       
Representative Bunde moved and asked unanimous consent that HB
329 be returned to second reading for the specific purpose of                  
considering Amendment No. 1.  There being no objection, it was so              
ordered.                                                                       
                                                                               
Amendment No. 1 was offered  by Representative Bunde:                           
                                                                               
Page 1, line 5:                                                                
Delete shall                                                                  
Insert may be ordered to                                                      
                                                                               
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
                                                                               
Representative Ogan objected.                                                  
                                                                               
                                                                               
The question being:  Shall Amendment No. 1 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
HB 329                                                                         
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses,              
Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson,                
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis                 
                                                                               
Nays:  Ogan                                                                    
Excused:  James                                                                
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               
The question being:  Shall HB 329 am pass the House?  The roll                 
was taken with the following result:                                           

1996-03-27                     House Journal                      Page 3397
HB 329                                                                       
                                                                               
HB 329 am                                                                      
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder,            
Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg,        
Sanders, Therriault, Toohey, Vezey, Williams, Willis                           
                                                                               
                                                                               
Nays:  Long                                                                    
                                                                               
                                                                               
Excused:  James                                                                
                                                                               
                                                                               
And so, HB 329 am passed the House and was referred to the Chief               
Clerk for engrossment.                                                         
                                                                               
                                                                               
HB 387                                                                       
The following was read the second time:                                        
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 387                                     
An Act relating to minors and to offenses committed by minors,                
and to programs relating to minors; relating to the use of citations           
for offenses when the offenses are committed by minors, and                    
authorizing disposition of those offenses by citations that require            
performance of community service in lieu of a court appearance;                
establishing a curfew for minors, and authorizing municipalities to            
establish curfews by ordinance; relating to the detention of minors,           
defining certain conduct by minors as violations, and amending the             
criminal jurisdiction of the district court to provide for the                 
disposition of certain offenses involving minors; and amending                 
Rules 3(b) and 23(d), Alaska Delinquency Rules.                                
                                                                               

1996-03-27                     House Journal                      Page 3398
HB 387                                                                       
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) NT 1DP 4NR                                      3021         
	INDETERMINATE FISCAL NOTE (DPS)                                  3022         
	2 ZERO FISCAL NOTES (COR, DHSS)                                  3022         
	JUD RPT  CS(JUD) NT 6DP 1NR                                      3236         
	ZERO FISCAL NOTE (DPS)                                           3237         
	2 ZERO FISCAL NOTES (COR, DHSS) 3/8/96                           3237         
	FIN REFERRAL WAIVED                                              3257         
	                                                                              
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
387(JUD)                                                                       
An Act relating to children in need of aid and delinquent minors              
and to offenses committed by minors, and to institutions, facilities,          
and programs relating to minors; authorizing municipalities to                 
establish curfews for minors by ordinance; and relating to                     
enforcement of the compulsory school attendance law; and                       
amending Rule 23(d), Alaska Delinquency Rules.                                 
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Kelly:                           
                                                                               
                                                                               
Page 5, line 22:                                                               
	Delete "AS 47.12.090(a) or (b)"                                           
	Insert "AS 47.12.090"                                                     
                                                                               
Page 7, line 19:                                                               
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               
                                                                               
Page 7, line 20:                                                               
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               

1996-03-27                     House Journal                      Page 3399
HB 387                                                                       
Page 9, line 17:                                                               
	Delete "of the public or"                                                     
	Insert "ªOF THE PUBLIC ORß"                                                   
                                                                               
Page 9, line 26, through page 10, line 30:                                     
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 12, line 9:                                                               
	Delete "and the public"                                                       
	Insert "ªAND THE PUBLICß"                                                     
                                                                               
Page 13, lines 10 - 14:                                                        
	Delete all material.                                                          
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 15, lines 6 and 7:                                                        
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               
Page 15, line 14:                                                              
	Delete "AS 47.10.010 - 47.10.142"                                         
	Insert "this chapter"                                                     
                                                                               
Page 15, line 28:                                                              
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               
Page 16, line 26:                                                              
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               
Page 17, line 12, following "child;":                                          
	Insert "and"                                                              
                                                                               
Page 17, lines 15 - 17:                                                        
	Delete "; and                                                                 
		(6)  a victim as may be necessary to inform the victim                      
about the disposition or resolution of a case involving a minor"               

1996-03-27                     House Journal                      Page 3400
HB 387                                                                       
	Insert "ª; AND                                                                
		(6)  A VICTIM ASMAY BE NECESSARY TO INFORM                                  
THE VICTIM ABOUT THE DISPOSITION OR RESOLUTION                                 
OF A CASE INVOLVING A MINORß"                                                  
                                                                               
Page 18, line 15:                                                              
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               
Page 18, line 26:                                                              
	Delete "AS 47.10.010 - 47.10.142 ªTHIS CHAPTERß"                          
	Insert "this chapter"                                                         
                                                                               
Page 22, line 11:                                                              
	Delete "ªAS 47.10.010(a)(2)(A)ß, 47.10.120(a), and 47.10.230(c)           
[,ß"                                                                           
	Insert "and ªAS 47.10.010(a)(2)(A),ß 47.10.120(a) ªAND                    
47.10.230(c),ß"                                                                
                                                                               
Page 28, lines 6 and 7:                                                        
	Delete "ATTORNEY, GUARDIAN AD LITEM, OR GUARDIAN"                             
	Insert "ATTORNEY OR GUARDIAN AD LITEM"                                        
                                                                               
Page 32, line 17, following "or":                                              
	Insert "while"                                                                
                                                                               
Page 36, line14:                                                               
	Delete "for"                                                                  
	Insert "in"                                                                   
                                                                               
Representative Kelly moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
it was so ordered.                                                             
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSSSHB 387(JUD) am be considered engrossed, advanced to third                  
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               

1996-03-27                     House Journal                      Page 3401
HB 387                                                                       
CSSSHB 387(JUD) am was read the third time.                                    
                                                                               
The question being:  Shall CSSSHB 387(JUD) am pass the House?                  
The roll was taken with the following result:                                  
                                                                               
CSSSHB 387(JUD) am                                                             
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,         
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:  James                                                                
                                                                               
And so, CSSSHB 387(JUD) 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        
court rule change.  There being no objection, it was so ordered.               
                                                                               
Representative Mackie gave notice of reconsideration of his vote on            
CSSSHB 387(JUD) am.                                                            
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 465                                                                       
Representative Ivan brought up reconsideration of the vote on                  
CSHB465(HES) am (page 3377).                                                   
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 465(HES) am                                             
An Act relating to employment of teachers and school                          
administrators and to public school collective bargaining.                     
                                                                               
Representative Ivan placed a call of the House.                                

1996-03-27                     House Journal                      Page 3402
HB 465                                                                       
The call was satisfied.                                                        
                                                                               
Representative Brown moved and asked unanimous consent that                    
CSHB465(HES) am be returned to second reading for the specific                 
purpose of rescinding previous action in failing to adopt Amendment            
No. 14.                                                                        
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
Representative Vezey rose to a point of order.                                 
                                                                               
The Speaker cautioned the member to confine remarks to the motion.             
                                                                               
                                                                               
The question being:  Shall CSHB 465(HES) am be returned to second              
reading for the specific purpose of rescinding previous action in failing      
to adopt Amendment No. 14?  The roll was taken with the following              
result:                                                                        
                                                                               
CSHB 465(HES) am--RECONSIDERATION                                              
Return to second reading                                                       
Rescind previous action                                                        
Amendment No. 14                                                               
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Nicholia, Robinson, Willis                            
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder,                
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Excused:  James                                                                
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that CSHB
465(HES) am be returned to the Rules Committee.                                

1996-03-27                     House Journal                      Page 3403
HB 465                                                                       
Objection was heard.                                                           
                                                                               
The question being:  Shall CSHB 465(HES) am be returned to the                 
Rules Committee?  The roll was taken with the following result:                
                                                                               
CSHB 465(HES) am--RECONSIDERATION                                              
Third Reading                                                                  
Return to Rules                                                                
                                                                               
YEAS:  13   NAYS:  26   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Navarre, Nicholia, Robinson, Willis                            
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder,                
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Excused:  James                                                                
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
Representative Navarre moved and asked unanimous consent that                  
CSHB 465(HES) am be referred to the Finance Committee.                         
                                                                               
Representative Vezey rose to a point of order stating that the motion          
was dilatory.                                                                  
                                                                               
The Speaker ruled the motion out of order.                                     
                                                                               
                                                                               
Representative Navarre challenged the ruling of the Chair.                     
                                                                               
                                                                               
The question being:  Shall the ruling of the Chair be upheld?  The             
roll was taken with the following result:                                      
                                                                               
Uphold ruling of the Chair                                                     
                                                                               
YEAS:  27   NAYS:  12   EXCUSED:  1   ABSENT:  0                             
                                                                               

1996-03-27                     House Journal                      Page 3404
HB 465                                                                       
Yeas:  Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster,              
Green, Hanley, Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses,               
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
                                                                               
Nays:  Brice, Brown, Davies, Finkelstein, Grussendorf, Kubina, Long,           
Mackie, Navarre, Nicholia, Robinson, Willis                                    
                                                                               
                                                                               
Excused:  James                                                                
                                                                               
                                                                               
And so, the ruling of the Chair was upheld.                                    
                                                                               
                                                                               
Representative Vezey rose to a point of order.                                 
                                                                               
The Speaker cautioned the member to confine debate to the bill.                
                                                                               
The question to be reconsidered:  Shall CSHB 465(HES) am pass the              
House?  The roll was taken with the following result:                          
                                                                               
CSHB 465(HES) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  22   NAYS:  17   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, Kelly,          
Kohring, Kott, Long, Mackie, Moses, Mulder, Nicholia, Ogan, Parnell,           
Phillips, Porter, Rokeberg, Toohey, Vezey                                      
                                                                               
Nays:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, Martin, Masek, Navarre, Robinson, Sanders,                
Therriault, Williams, Willis                                                   
                                                                               
Excused:  James                                                                
                                                                               
And so, CSHB 465(HES) am passed the House and was referred to the              
Chief Clerk for engrossment.                                                   
                                                                               

1996-03-27                     House Journal                      Page 3405
ND ßRepresentative Vezey moved and asked unanimous consent that the            
House recess until 4:30 p.m. today.  There being no objection, the             
House recessed at 12:48 p.m.                                                   
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 4:47 p.m.                                
                                                                               
A second quorum call showed 23 members present.                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (Continued)                                  
                                                                               
HB 325                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 325                                                            
An Act authorizing suspension of payment of a portion of the                  
royalty due the state for initial production of heavy oil from wells           
on the Arctic Slope.                                                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	O&G RPT  CS(O&G) NT  5DP  1DNP  1NR                              2522         
	2 FISCAL NOTES (DNR, REV)                                        2522         
	RES RPT  CS(O&G) 5DP 2AM                                         2644         
	2 FNS (DNR, REV) 1/24/96                                         2644         
	FIN RPT  CS(FIN) NT 3DP 1DNP 4NR 1AM                             3302         
	FISCAL NOTE (REV)                                                3302         
	FISCAL NOTE (DNR) 1/24/96                                        3302         
                                                                               
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. 325(FIN)                                                
An Act authorizing exemption from payment of royalty for initial              
production of a portion of the heavy oil produced from wells on                
the Arctic Slope; and providing for an effective date.                         
                                                                               
There being no objection, it was so ordered.                                   

1996-03-27                     House Journal                      Page 3406
HB 325                                                                       
Amendment No. 1 (title amendment) was offered by Representative                
Green:                                                                         
                                                                               
Page 1, line 1:                                                                
	Delete "exemption from payment of"                                          
	Insert "adjustment of the"                                                  
                                                                               
Representative Green moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Robinson placed a call of the House on the bill.                
                                                                               
Amendment No. 2 was offered  by Representative Davies:                          
                                                                               
Page 1, line 1 (title amendment):                                              
Delete exemption from payment of royalty                                    
Insert modification of royalty due                                          
                                                                               
Page 1, line 8:                                                                
Delete royalty is not payable                                                 
Insert a lessee who makes application for and obtains an                      
exemption under this subsection shall be granted a modification of             
royalty due on production                                                      
                                                                               
Page 1, line 12:                                                               
Delete exemption from payment of royalty                                      
Insert modification of royalty due                                            
                                                                               
Page 1, following line 13:                                                     
Insert a new subparagraph to read:                                            
		(A) demonstrates to the satisfaction of the Legislative                     
Budget and Audit Committee, hereinafter committee, that                        
modification of royalty due under this subsection is reasonably                
necessary to allow for oil production from the lease that would not            
otherwise be feasible; as a condition of meeting the requirement               
set out in this subparagraph, the committee may require the lessee             
making application for the royalty modification to pay for the                 
services of an independent contractor, qualified to evaluate                   
hydrocarbon development, production, transportation, and                       
economics,  who  is  selected  by  the  committee  to  assist  in              

1996-03-27                     House Journal                      Page 3407
HB 325                                                                       
evaluating the application and financial and technical data;                  
selection of an independent contractor under this subparagraph is              
not subject to AS 36.30.020; if, on the basis of the lessees                   
application, the report of the independent contractor, and other               
evidence of record, the committee finds a modification from                    
payment of royalty under this subsection is reasonably necessary               
to allow for the production of the oil from the lease, the committee           
shall submit a joint resolution authorizing the modification; the              
modification shall take effect upon adoption of the resolution by              
both houses of the legislature; and                                            
                                                                               
Reletter the following subparagraphs accordingly.                              
                                                                               
Page 2, line 26:                                                               
Delete exemption from royalty payment                                         
Insert modification of royalty due                                            
                                                                               
Page 2, line 28:                                                               
Delete exemption                                                              
Insert modification                                                           
                                                                               
Page 3, line 10:                                                               
Delete exemption from the payment of royalty                                  
Insert modification of royalty due                                            
                                                                               
Page 3, line 14:                                                               
Delete exemption                                                              
Insert modification                                                           
                                                                               
Page 3, line 15:                                                               
Delete exemption from payment of royalty                                      
Insert modification of royalty due                                            
                                                                               
Page 3, line 17:                                                               
Delete exemption                                                              
Insert modification                                                           
                                                                               
                                                                               
Representative Davies moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               

1996-03-27                     House Journal                      Page 3408
HB 325                                                                       
Representative Green objected.                                                 
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 325(FIN)(title am)                                                        
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Moses, Navarre, Nicholia, Robinson, Therriault,                
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Mulder, Ogan,                 
Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams          
                                                                               
Excused:  James                                                                
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Brown:                           
                                                                               
Page 1, lines 1- 3 (title amendment):                                          
	Delete all material and insert:                                               
""An Act relating to modification of royalty to encourage                    
production from an oil pool containing heavy oil; and                          
providing for an effective date.""                                            
                                                                               
Page 1, line 5, through page 3, line 29:                                       
	Delete all material and insert:                                               
   "* Section 1.  AS38.05.180(j) is amended to read:                         
	(j)  The commissioner                                                        
		(1)  may provide for an increase or decrease or otherwise                   
modify royalty, to allow for production that would not otherwise               
be economically feasible, on individual leases, leases unitized as             
described in (p) of this section,  leases  subject  to an agreement            

1996-03-27                     House Journal                      Page 3409
HB 325                                                                       
described in (s) or (t) of this section, or interests unitized under          
AS31.05; the commissioner may act under this subsection to                     
modify the royalty                                                             
		(A)  after June 20, 1995, and not later than July 1,                   
2015, so long as the authority to modify royalty under this                    
subparagraph has been authorized or reauthorized by law                        
within the 10 ªTENß years preceding the commissioner's                     
action to modify the royalty, to allow for production from an                  
oil or gas field or pool if                                                    
		(i)  the oil or gas field or pool has been                                
delineated sufficiently to allow the commissioner to                           
conduct the analyses and make the findings required by                         
this subsection; and                                                           
		(ii)  the field or pool has not previously produced                       
oil or gas for sale;                                                           
		(B)  to prolong the economic life of an oil or gas field                   
or pool as costs per barrel or barrel equivalent increase, or to             
allow for production from an oil pool containing heavy oil;                    
for purposes of this subparagraph, "heavy oil" means oil                       
production having an American Petroleum Institute                              
weighted average gravity of 20 degrees or less, computed                       
at a temperature of 60 degrees Fahrenheit; or                                
                                                                               
		(C)  to reestablish production of shut-in oil or gas;                      
		(2)  may not grant a royalty modification unless the lessee                 
or lessees requesting the modification make a clear and convincing             
showing that a modification of royalty meets the requirements of               
this subsection and is in the best interests of the state;                     
		(3)  shall                                                                  
                                                                               
		(A)  condition any royalty modification granted under                      
this subsection in any way necessary to protect the state's best               
interests;                                                                     
		(B)  describe, in the findings and determinations                          
required by this subsection, the relevant factors, including                   
price, projected production rate or volume, predicted ultimate                 
recovery, and development, operating, and transportation costs,                
upon which the modification is based;                                          
                                                                               
		(C)  for a modification under (1)(A) of this                               
subsection, set out the terms and conditions, which                            

1996-03-27                     House Journal                      Page 3410
HB 325                                                                       
		(i)  must include a mechanism for adjusting                               
royalty percentage based on price; using forecasts of the                      
range of future prices and their probabilities, the                            
mechanism must provide that the value of the potential                         
revenue increases resulting from royalty percentage                            
increases must exceed the value of the potential revenue                       
losses resulting from royalty percentage decreases; and                        
		(ii)  may include, in addition to the royalty                             
percentage adjustment based on price, which must meet                          
the conditions specified in (i) of this subparagraph, a                        
further adjustment based on production rate or volume                          
from the field or pool; and                                                    
		(D)  for a modification under (1)(B) or (1)(C) of this                     
subsection, set out the terms and conditions, which may                        
include substitution of a sliding scale royalty or other                       
mechanism to modify the royalty if there is a change in the                    
relevant factors, such as price, projected production rate or                  
volume, predicted ultimate recovery, and development,                          
operating, and transportation costs, upon which the                            
modification is based;                                                         
		(4)  may not grant a royalty modification for a field or                    
pool                                                                           
                                                                               
		(A)  under (1)(A) of this subsection if the royalty                        
modification for the field or pool would establish a royalty                   
rate of less than five percent in amount or value of the                       
production removed or sold from a lease or leases covering                     
the field or pool;                                                             
                                                                               
		(B)  under (1)(B) or (1)(C) of this subsection if the                      
royalty modification for the field or pool would establish a                   
royalty rate of less than three percent in amount or value of                  
the production removed or sold from a lease or leases                          
covering the field or pool;                                                    
                                                                               
		(5)  may not grant a royalty modification under this                        
subsection without including an explicit condition that the royalty            
modification is not assignable without the prior written approval              
of the commissioner; the commissioner shall, in the preliminary                
and final findings and determinations, set out the conditions under            
which the royalty modification may be assigned;                                

1996-03-27                     House Journal                      Page 3411
HB 325                                                                       
		(6)  shall require the lessee or lessees to submit, with the                
application for the royalty modification, financial and technical              
data that demonstrate that the requirements of this subsection are             
met; the commissioner shall                                                    
		(A)  require disclosure of the financial and technical                     
data related to development, production, and transportation of                 
oil and gas from the field or pool that are necessary to make                  
a determination as to whether or not to grant the request for                  
royalty modification; and                                                      
		(B)  keep the data described in (A) of this paragraph                      
confidential under AS38.05.035(a)(9) at the request of the                     
lessee or lessees making application for the royalty                           
modification; the confidential data may be disclosed by the                    
commissioner to legislators and to the legislative auditor and                 
as directed by the chair or vice-chair of the Legislative                    
Budget and Audit ªLB&Aß Committee to the director of the                     
division of legislative finance, the permanent employees of                    
their respective divisions who are responsible for evaluating                  
a royalty modification, and to agents or contractors of the                    
legislative auditor or the legislative finance director who are                
engaged under contract to evaluate the royalty modification,                   
provided they sign an appropriate confidentiality agreement;                   
		(7)  may require the lessee or lessees making application                   
for the royalty modification to pay for the services of an                     
independent contractor, qualified to evaluate hydrocarbon                      
development, production, transportation, and economics, who is                 
selected by the commissioner to assist the commissioner in                     
evaluating the application and financial and technical data;                   
selection of an independent contractor under this paragraph is not             
subject to AS36.30;                                                            
                                                                               
		(8)  shall                                                                  
		(A)  make and publish a preliminary findings and                           
determination on the royalty modification application; if the                  
preliminary findings and determination concerns a royalty                      
modification under (1)(A) of this subsection, the preliminary                  
findings and determination shall also be presented to the                      
governor for the governor's approval or disapproval; the                       
governor may not delegate a determination to approve or                        
disapprove a preliminary findings and determination under this                 
subparagraph;                                                                  

1996-03-27                     House Journal                      Page 3412
HB 325                                                                       
		(B)  for a royalty modification under (1)(A) of this                       
subsection, if the governor approves the preliminary findings                  
and determination under (A) of this paragraph,                                 
		(i)  give reasonable public notice of the                                 
preliminary findings and determination;                                        
		(ii)  concurrently with the issuance of the public                        
notice, unless directed by the Legislative Budget and                          
Audit Committee to do otherwise, make available copies                         
of the commissioner's preliminary findings and                                 
determination on the royalty modification application and                      
the supporting financial and technical data, including the                     
work papers, analyses, and recommendations of any                              
contractors retained under (7) of this subsection, to                          
persons authorized under (6)(B) of this subsection to                          
review the data; and                                                           
		(iii)  invite public comment on the preliminary                           
findings and determination during a 30-day period for                          
receipt of public comment;                                                     
		(C)  for a royalty modification under (1)(B) or (C) of                     
this subsection, if the preliminary findings and determination                 
approves a royalty modification,                                               
		(i)  give reasonable public notice of the                                 
preliminary findings and determination; and                                    
		(ii)  invite public comment on the preliminary                            
findings and determination during a 30-day period for                          
receipt of public comment;                                                     
		(9)  shall address in any findings and determinations                       
required under this subsection the reasonably foreseeable effects              
of the proposed royalty modification on the state's revenue;                   
		(10)  shall offer to appear before the Legislative Budget                   
and Audit Committee to provide the committee a review of the                   
commissioner's preliminary findings and determination on the                   
royalty modification application and the supporting financial and              
technical data; if the Legislative Budget and Audit Committee                  
accepts the commissioner's offer, the committee shall give notice              
of the committee's meeting to all members of the legislature; if,              
under (6)(B) of this subsection, the financial and technical data              
must be kept confidential at the request of a lessee or lessees                
making application for the royalty modification, the commissioner              
may appear before the committee in executive session;                          
                                                                               

1996-03-27                     House Journal                      Page 3413
HB 325                                                                       
		(11)  shall make copies of the preliminary findings and                     
determination available to                                                     
		(A)  the presiding officer of each house of the                            
legislature;                                                                   
		(B)  the chairs of the legislature's standing                              
committees on resources; and                                                   
		(C)  the chairs of the legislature's special committees                    
on oil and gas, if any;                                                        
		(12)  shall, within 30 days after the close of the public                   
comment period under (8) of this subsection,                                   
		(A)  prepare a summary of the public response to the                       
commissioner's preliminary findings and determination;                         
		(B)  make a final findings and determination and                           
present it to the governor for the governor's approval or                      
disapproval; the governor may not delegate a decision to                       
approve or disapprove a final findings and determination                       
presented under this subparagraph; the commissioner's final                    
findings and determination regarding a royalty modification,                   
if approved by the governor, is final and not appealable to the                
court;                                                                         
		(C)  transmit a copy of the final findings and                             
determination prepared under (B) of this paragraph to the                      
lessee or lessees making application for the royalty                           
modification;                                                                  
		(D)  with the consent of the lessee or lessees applying                    
for the royalty modification, amend the lease or unitization                   
agreement of the lessee or lessees applying for the royalty                    
modification consistent with the commissioner's approved                       
final findings and determination; and                                          
		(E)  make copies of the final findings and                                 
determination available to each person who submitted                           
comment under (8) of this subsection and who has filed a                       
request for the copies;                                                        
		(13)  is not limited by the provisions of AS38.05.134(3)                    
or (f) of this section in the commissioner's determination under               
this subsection."                                                              
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Green objected.                                                 

1996-03-27                     House Journal                      Page 3414
HB 325                                                                       
The call was lifted.                                                           
                                                                               
Representative Brown placed a call of the House.                               
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  Shall Amendment No. 3 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 325(FIN)(title am)                                                        
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Mackie, Moses, Navarre, Nicholia, Robinson, Therriault,                
Willis                                                                         
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Mulder, Ogan,                 
Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams          
                                                                               
Excused:  James                                                                
                                                                               
And so, Amendment No. 3 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Brown:                           
                                                                               
Page 2, line 30:                                                               
	Delete "royalty report"                                                       
	Insert "oil gravity test"                                                     
                                                                               
Page 2, line 32:                                                               
	Delete "royalty report"                                                       
	Insert "oil gravity test"                                                     
                                                                               
Page 3, line 1:                                                                
	Delete "prepared"                                                             
	Insert "conducted"                                                            
                                                                               

1996-03-27                     House Journal                      Page 3415
HB 325                                                                       
Page 3, lines 2 and 3:                                                         
	Delete "royalty report"                                                       
	Insert "oil gravity test"                                                     
                                                                               
Page 3, line 3:                                                                
	Delete "prepared"                                                             
	Insert "conducted"                                                            
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 4 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 5 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 8:                                                                
	Delete "royalty is not payable"                                               
	Insert "when the commissioner determines that it is in the best               
interests of the state to do so, the commissioner may suspend a lessee's       
obligation to pay the royalty"                                                 
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 5 be adopted.                                                    
                                                                               
Representative Green objected.                                                 
                                                                               
The question being:  Shall Amendment No. 5 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 325(FIN) am                                                               
Second Reading                                                                 
Amendment No. 5                                                                
                                                                               
YEAS:  15   NAYS:  24   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Moses, Navarre, Nicholia, Robinson, Willis               
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell,              
Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,                
Williams                                                                       

1996-03-27                     House Journal                      Page 3416
HB 325                                                                       
Excused:  James                                                                
                                                                               
And so, Amendment No. 5 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 6 was offered  by Representative Navarre:                         
                                                                               
Page 1, line 1 (title amendment):                                              
	Delete "exemption from payment of"                                          
	Insert "adjustment of the"                                                  
                                                                               
Page 1, line 8:                                                                
	Delete "royalty is not payable"                                               
	Insert "royalty is payable at a rate of one-half the rate set out in          
the section or provision of the lease, unit agreement, or other                
agreement that establishes the obligation to pay royalty on production"        
                                                                               
Page 1, line 12:                                                               
	Delete "exemption from"                                                       
	Insert "reduction in"                                                         
                                                                               
Page 2, line 19:                                                               
Delete 1,825"                                                                 
Insert 3,650"                                                                 
                                                                               
Page 2, line 26:                                                               
	Delete "exemption from"                                                       
	Insert "reduction in"                                                         
                                                                               
Page 2, line 28:                                                               
	Delete "exemption"                                                            
	Insert "reduction"                                                            
                                                                               
Page 3, line 5:                                                                
	Delete "exemption"                                                            
	Insert "reduction"                                                            
                                                                               
Page 3, line 10:                                                               
	Delete "an exemption from"                                                    
	Insert "a reduction in"                                                       
                                                                               

1996-03-27                     House Journal                      Page 3417
HB 325                                                                       
Page 3, line 14:                                                               
	Delete "exemption"                                                            
	Insert "reduction"                                                            
                                                                               
Page 3, line 15:                                                               
	Delete "an exemption"                                                         
	Insert "a reduction"                                                          
                                                                               
Page 3, line 17:                                                               
	Delete "exemption"                                                            
	Insert "reduction"                                                            
                                                                               
Page 3, line 24, following "(5)":                                              
	Insert "the entire amount of royalty received by the state under the          
reduction authorized by this subsection is subject to deposit into the         
Alaska permanent fund (AS37.13.010);                                           
		(6)"                                                                        
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 6 be adopted.                                                    
                                                                               
Representative Green objected.                                                 
                                                                               
Representative Kelly placed a call of the House and lifted the call.           
                                                                               
Representative Mackie placed a call of the House and lifted the call.          
                                                                               
Representative Brown placed a call of the House.                               
                                                                               
Representative Toohey was excused due to illness.                              
                                                                               
Representative Brown lifted the call.                                          
                                                                               
The question being:  Shall Amendment No. 6 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 325(FIN) am                                                               
Second Reading                                                                 
Amendment No. 6                                                                
                                                                               
YEAS:  17   NAYS:  21   EXCUSED: 2   ABSENT: 0                               
                                                                               

1996-03-27                     House Journal                      Page 3418
HB 325                                                                       
Yeas:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kelly, Kubina, Long, Mackie, Moses, Navarre, Nicholia, Ogan,                   
Robinson, Willis                                                               
                                                                               
Nays:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kohring, Kott, Martin, Masek, Mulder, Parnell, Phillips, Porter,         
Rokeberg, Sanders, Therriault, Vezey, Williams                                 
                                                                               
Excused:  James, Toohey                                                        
                                                                               
And so, Amendment No. 6 was not adopted.                                       
                                                                               
The Speaker stated that, without objection, CSHB 325(FIN) am, with             
all pending amendments, would be held in second reading until the              
March 28, 1996, calendar.                                                      
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 266                                                                       
The following was read the second time:                                        
                                                                               
SENATE BILL NO. 266                                                           
An Act relating to the Creamer's Field Goose Classic.                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  2DP 4NR                                                 3092         
	SENATE ZERO FISCAL NOTE (REV) 2/23/96                            3093         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
SB266 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
SB 266 was read the third time.                                                
                                                                               
The question being:  Shall SB 266 pass the House?  The roll was                
taken with the following result:                                               
                                                                               

1996-03-27                     House Journal                      Page 3419
SB 266                                                                       
                                                                               
SB 266                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  31   NAYS:  1   EXCUSED: 2   ABSENT: 6                                
                                                                               
Yeas:  Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton,               
Finkelstein, Green, Grussendorf, Ivan, Kohring, Kott, Kubina, Long,            
Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Phillips,               
Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams,              
Willis                                                                         
                                                                               
Nays:  Hanley                                                                  
                                                                               
Excused:  James, Toohey                                                        
                                                                               
Absent:  Barnes, Bunde, Foster, Kelly, Mulder, Parnell                         
                                                                               
And so, SB 266 passed the House, was signed by the Speaker and                 
Chief Clerk and returned to the Senate.                                        
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 77                                                                        
The following, which was advanced to third reading from the March              
26, 1996, calendar (page 3373), was read the third time:                       
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 77(FIN)                                   
An Act relating to management of game populations, to the                     
powers and duties of the commissioner of fish and game, and to                 
the division of game.                                                          
                                                                               
The question being:  Shall HCS CSSB 77(FIN) pass the House?                    
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 77(FIN)                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  21   NAYS:  14   EXCUSED:  2   ABSENT:  3                             
                                                                               

1996-03-27                     House Journal                      Page 3420
SB 77                                                                        
Yeas:  Barnes, G.Davis, Foster, Green, Hanley, Ivan, Kelly, Kohring,           
Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg,        
Sanders, Therriault, Vezey, Williams                                           
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
Excused:  James, Toohey                                                        
                                                                               
Absent:  Austerman, Bunde, Moses                                               
                                                                               
And so, HCS CSSB 77(FIN) passed the House.                                     
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
HCS CSSB 77(FIN).                                                              
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 32                                                                       
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 32                                            
Establishing YUKLA 27 Remembrance Day.                                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	MLV RPT  4DP                                                     3308         
	ZERO FISCAL NOTE (GOV)                                           3308         
                                                                               
                                                                               
The question being:  Shall HCR 32 pass the House?  The roll was                
taken with the following result:                                               
                                                                               
                                                                               
HCR 32                                                                         
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                              

1996-03-27                     House Journal                      Page 3421
HCR 32                                                                       
                                                                               
Yeas:  Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis,               
Elton, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott,         
Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia,                
Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,                  
Therriault, Vezey, Williams, Willis                                            
                                                                               
Excused:  James, Toohey                                                        
                                                                               
Absent:  Barnes, Finkelstein, Moses                                            
                                                                               
And so, HCR 32 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 citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Recognizing - Tartan Day, April 6, 1996                                        
By Representatives Parnell, Davies, B.Davis, G.Davis, Elton, Hanley,           
Ivan, Kelly, Kott, Mackie, Nicholia, Navarre, Ogan,  Porter, Robinson,         
Rokeberg, Sanders, Toohey, Vezey, Williams, Willis                             
                                                                               
Commemorating - The National Day of Prayer, May 2, 1996                        
By Representatives Parnell, Phillips, Ogan, Kelly, Kohring, Bunde,             
B.Davis, G.Davis, Elton, Grussendorf, Green, Hanley, Ivan, Kott,               
Kelly, Long, Mackie, Masek, Mulder, Nicholia, Navarre, Porter,                 
Robinson,  Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams,             
Willis                                                                         
                                                                               
Honoring - Alaska Women's Conference                                           
By Representative Robinson, Phillips, Brown, Bunde, Davies, B.Davis            
G.Davis, Elton, Grussendorf, Ivan, Kott, Long, Mackie, Masek,                  
Mulder, Nicholia, Navarre, Sanders, Toohey, Vezey, Williams, Willis            
                                                                               
In Memoriam - June Rotman Nelson                                               
By Representatives Long, Phillips, Foster, Barnes, Brown, Bunde,               
Davies, B.Davis, G.Davis, Elton, Grussendorf, Ivan, Kelly, Kohring,            
Kott, Mackie, Martin, Masek, Mulder, Nicholia, Ogan, Robinson,                 
Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Adams              

1996-03-27                     House Journal                      Page 3422
In Memoriam - Rose G. Woodward                                                 
By Senator Green; Representatives Phillips, B.Davis, G.Davis, Elton,           
Foster, Ivan, Kelly, Kott, Long, Mulder, Mackie, Masek, Nicholia,              
Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis             
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 447                                                                       
Representative Brown brought up reconsideration of the vote on CSHB
447(RES) (page 3368).                                                          
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 447(RES)                                                
An Act relating to traditional means of access for traditional                
outdoor uses and to the classification and the sale, lease, or other           
disposal of state land, water, or land and water.                              
                                                                               
Representative Masek placed a call of the House and lifted the call.           
                                                                               
The question to be reconsidered:  Shall CSHB 447(RES) pass the                 
House?  The roll was taken with the following result:                          
                                                                               
CSHB 447(RES)--RECONSIDERATION                                                 
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  2   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring,             
Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre,                   
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,        
Therriault, Vezey, Williams, Willis                                            
                                                                               
Nays:  Elton, Long                                                             
                                                                               
Excused:  James, Toohey                                                        
                                                                               
Absent:  Finkelstein                                                           
                                                                               
And so, CSHB 447(RES) passed the House on reconsideration and was              
referred to the Chief Clerk for engrossment.                                   

1996-03-27                     House Journal                      Page 3423
                             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 Robinson - from 6:30 a.m., April 2 to 9:21 p.m., plane          
time, April 3, 1996                                                            
                                                                               
Representative Nicholia - from 6:30 a.m., March 28 to 9:00 p.m., plane         
time, March 31, 1996                                                           
                                                                               
                                                                               
HR 12                                                                        
Representative Robinson added her name as cosponsor to:                        
                                                                               
HOUSE RESOLUTION NO. 12                                                       
Supporting the collective bargaining agreement between the                    
University of Alaska and the Alaska Community Colleges'                        
Federation of Teachers.                                                        
                                                                               
                                                                               
HB 339                                                                       
Representative B.Davis added her name as cosponsor to:                         
                                                                               
HOUSE BILL NO. 339                                                            
An Act relating to the termination of parental rights of                      
incarcerated parents.                                                          
                                                                               
                                                                               
SB 194                                                                       
Representative B.Davis added her name as cross sponsor to:                     
                                                                               
CS FOR SENATE BILL NO. 194(JUD)                                               
An Act relating to offenses associated with criminal street gangs,            
and to sentencing for those offenses; relating to the offenses of              
murder in the second degree, an unclassified felony, misconduct                
involving weapons in the first degree, a class A felony, and                   
misconduct involving weapons in the third degree, a class C                    
felony; and amending Rule 702(a), Alaska Rules of Evidence; and                
providing for an effective date.                                               
                                                                               

1996-03-27                     House Journal                      Page 3424
SB 266                                                                       
Representative Brice added his name as cross sponsor to:                       
                                                                               
SENATE BILL NO. 266                                                           
An Act relating to the Creamer's Field Goose Classic.                         
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HCR 32                                                                       
HCR 32 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
HB 73                                                                        
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. 73(L&C)                                                 
An Act relating to licensure of manicurists.                                  
                                                                               
                                                                               
HB 329                                                                       
HB 329 am was engrossed, signed by the Speaker and Chief Clerk and             
transmitted to the Senate for consideration.                                   
                                                                               
HB 447                                                                       
CSHB 447(RES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
HB 465                                                                       
CSHB 465(HES) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
HB 542                                                                       
CSHB 542(FSH) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               

1996-03-27                     House Journal                      Page 3425
                                  ENROLLMENT                                 
                                                                               
HB 419                                                                       
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 2:50 p.m.,            
March 27, 1996:                                                                
                                                                               
CS FOR HOUSE BILL NO. 419(STA) am S                                           
An Act relating to the disposal of property, including firearms               
and ammunition.                                                                
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
Majority Caucus                Speaker's Chamber      11:30 a.m., 3/28         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 28, 1996.  There being no                
objection, the House adjourned at 7:01 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk