Legislature(1995 - 1996)
1996-04-01 House Journal
Full Journal pdf1996-04-01 House Journal Page 3503 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 1, 1996 Eighty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:26 a.m. Roll call showed 38 members present. Representatives Moses and Navarre were absent and their presence was noted later. The invocation was offered by the Chaplain, Brian Ewing of the Calvary Fellowship. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Father God, we praise Your name Father, that You are the God of all the earth Lord, and in Your word You said, ` turn to me and be saved all ye nations.' And Father I want to confess and we want to admit Father, before You, that the problem is not in our righteousness but our lack of it. Father, we have failed You in many ways. Daily, Lord, I fail You and I need the forgiveness that comes from Jesus Lord and so we turn to You. You said theres salvation. Theres salvation in no other name, no other name under heaven by which we may be saved, Lord. And as we turn to You, Father, You said that righteousness exalts a nation but sin is a reproach to any people; in turning from sin, we turn to You and ask that, Father, You would be the One that makes us righteous. You would write Your laws on our hearts so that the laws that we make here would be laws that reflect a moral and loving God. We ask this, Father, in Jesus name. Amen. 1996-04-01 House Journal Page 3504 The Pledge of Allegiance was led by Representative Bunde. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 82nd, 83rd and 84th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR The following letter, dated April 1, 1996, was received: Dear Speaker Phillips: Today, the House takes up your Finance Committee's recommendations for the FY97 operating budget. I am concerned the budget course being pursued by the House Majority threatens Alaska's economy and the jobs of Alaskans. Over the past few weeks, my administration has provided information to the Finance Committee on the impacts of your proposed cuts. On March 22, my Office of Management and Budget sent a compilation of all departmental impact statements to the House Finance Committee chair. Few of the concerns we raised have been addressed in the Finance Committee's version of the operating budget. My FY97 budget is part of a 10-year Safe Landing Budget Plan which I have presented to you and the people of Alaska. It closes the budget gap in three years, the shortest of any plan proposed. At the same time, I followed the three-year, $100 million cut recommended by the Long Range Financial Planning Commission. My budget for FY97 cut $35 million and transferred an additional $5 million in state expenditures from pure" general funds to user fees. I continue to believe this budget level is responsible from both the financial and service delivery perspectives. It sets our course toward a safe landing without threatening the economy or vital services on which Alaskans depend, while closing the budget gap within three years. 1996-04-01 House Journal Page 3505 The House Majority's approach to the budget does just the opposite. While we all support responsible budget reductions, this year's House goal is short-term, arbitrary and not part of a responsible long-term plan that diversifies our revenues. The University of Alaska's Institute for Social and Economic Research estimates $250 million in cuts, like the five-year House majority proposal, could cost the jobs of 5,600 Alaskan workers in both the public and private sectors. Independent economist David Reaume says: "Large spending cuts could make the difference between a temporary slowdown (of Alaska's economy) and a long-term decline." The FY97 cuts proposed by the majority endanger public safety, deny work opportunities for those on welfare and put Alaska's resources at risk by cutting funding for such vital programs as fish and game management and marketing of Alaska seafood. Many other serious impacts are outlined in the materials presented to House Finance earlier. The budget bill before you also rejects labor contracts with 90 percent of our public employees, which were negotiated in good faith this past year after the majority failed last year to approve contracts negotiated by the previous administration. Our contracts contain the smallest increase in two decades, save $34 million over those negotiated by the previous administration and would bring public and private wage scales closer together over the next four years. These contracts are fair, affordable and fit within my long-term plan which closes the budget gap within three years. Failure to fund them is irresponsible and could shut down government services. Your approach ignores the need to diversify Alaska's revenue base. So far, the House majority has made little progress on addressing fair and modest tax increases on alcohol and a dedicated motor and marine fuel tax to keep our roads and harbors in good repair. In addition, the House has ignored the important tax increase on tobacco products that would not only raise revenues but serve as a major deterrent to hooking our kids on tobacco. To not address this is irresponsible. Your proposal takes $21 million in earnings from the Alaska Industrial Development and Export Authority (AIDEA). This will significantly reduce the financing available for major economic development projects creating jobs for Alaskans. A similar proposal last year created 1996-04-01 House Journal Page 3506 considerable concern from bond rating agencies and threatened the agency's excellent bond rating. A respected Alaska commercial and investment real estate analyst recently characterized the House plan as "one of the most ill-conceived, short-sighted and frankly, foolish things the Legislature could do." Your proposal to shift $20 million in Alaska Housing Finance Corporation earnings from basic capital expenditures to the general fund raises similar concerns. Although it doesn't change the amount of corporate receipts used, it results in reduced attention to the state's infrastructure. Additionally, the AHFC decision will put incredible pressure on an already bare bones capital budget. Together with your plan to reduce the capital budget to $100 million and your proposed shift of $6.7 million in operating expenses to the capital budget, you will have to cut $37 million from the $163 million general fund/AHFC capital budget I proposed. I have detailed a long-range financial plan that works. It closes the budget gap within three years without endangering essential services or the state's economy. Cuts of the magnitude you propose are unnecessary and jeopardize our future. The Legislature has promised and Alaskans expect you to commit to a long-term budget solution. I believe that solution must close the budget gap, continue responsible budget cuts, protect and grow the Permanent Fund and dividends, provide for critical capital needs, diversify our revenue base, provide adequate reserves, deliver essential services and give future generations of Alaskans a broad range of financial tools to keep the budget balanced. I pledge my continued efforts to work with you toward this goal. Sincerely, /s/ Tony Knowles Governor HB 38 A message dated March 29, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 1996-04-01 House Journal Page 3507 HB 38 SENATE CS FOR CS FOR HOUSE BILL NO. 38(FIN) am S An Act relating to criminal sentencing; relating to good time credit; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite sentences, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35. Chapter No. 7, SLA 1996 Effective Date: June 27, 1996 HB 127 A message dated March 29, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 127(JUD) An Act relating to penalties for certain offenses committed against a peace officer, fire fighter, correctional employee, emergency medical technician, paramedic, ambulance attendant, or other emergency responders. Chapter No. 6, SLA 1996 Effective Date: June 27, 1996 HB 141 A message dated March 29, 1996, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE CS FOR CS FOR HOUSE BILL NO. 141(RES) An Act relating to the appointment of members of the Board of Fisheries. Chapter No. 8, SLA 1996 Effective Date: June 27, 1996 1996-04-01 House Journal Page 3508 MESSAGES FROM THE SENATE A message dated March 29, 1996, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 308 SENATE BILL NO. 308 by the Senate Health, Education & Social Services Committee, entitled: An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date. was read the first time and referred to the State Affairs Committee. SB 312 SENATE BILL NO. 312 by the Senate Judiciary Committee, entitled: An Act relating to purchase of an alcoholic beverage from a package store. was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES HB 384 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 384 An Act relating to payment requirements for retention in the Pioneers' Home; and providing for an effective date. and recommends it be replaced with: 1996-04-01 House Journal Page 3509 HB 384 CS FOR HOUSE BILL NO. 384(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Rokeberg, Robinson, Brice Do not pass (1): Vezey No recommendation (3): G.Davis, Bunde, Toohey The following fiscal note applies to CSHB 384(HES): Zero fiscal note, Dept. of Administration, 2/21/96 HB 384 was referred to the Finance Committee. HB 526 The Finance Committee has considered: HOUSE BILL NO. 526 An Act relating to the financing authority, programs, operations, and projects of the Alaska Industrial Development and Export Authority; providing an exemption from the procurement code for certain projects of the authority; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 526(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Foster, Hanley, Grussendorf, Navarre No recommendation (7): Mulder, Martin, Parnell, Kohring, Kelly, Therriault, Brown 1996-04-01 House Journal Page 3510 HB 526 The following fiscal note applies to CSHB 526(FIN): Zero fiscal note, Dept. of Commerce & Economic Development, 3/18/96 HB 526 was referred to the Rules Committee for placement on the calendar. SB 175 The Judiciary Committee has considered: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175(FIN) am An Act relating to correctional institutions and their administration, and to services provided to prisoners; amending the definition of `severely medically disabled' applicable to prisoners seeking special medical parole; and amending provisions of the correctional industries program, and extending the termination date of the Correctional Industries Commission and the program. and recommends it be replaced with: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (2): Porter, Toohey No recommendation (2): Bunde, Finkelstein Amend (1): Green The following fiscal notes apply to HCS CSSSSB 175(JUD): Zero fiscal note, Dept. of Corrections, 4/1/96 Zero fiscal note, Dept. of Public Safety, 4/1/96 Senate zero fiscal note, Dept. of Health & Social Services, 2/14/96 1996-04-01 House Journal Page 3511 SB 175 CSSSSB 175(FIN) am 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 - Janis Brantley By Representative Mackie Honoring - City of Kake, 1996 Public Works Project of the Year By Representative Mackie RECONSIDERATION HB 341 Representative Kubina brought up reconsideration of the vote on CSHB341(FIN) (page 3487). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 341(FIN) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. Representative Brown placed a call of the House. 1996-04-01 House Journal Page 3512 HB 341 **The presence of Representatives Moses and Navarre was noted. The call was satisfied. The question to be reconsidered: Shall CSHB 341(FIN) pass the House? The roll was taken with the following result: CSHB 341(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Ivan, James, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, Elton, Finkelstein, Grussendorf, Kelly, Kubina, Navarre, Nicholia, Robinson, Willis And so, CSHB 341(FIN) passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 341(FIN) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 388 The following was read the second time: HOUSE BILL NO. 388 An Act revising laws relating to oil and gas leasing to authorize a program of areawide leasing. 1996-04-01 House Journal Page 3513 HB 388 with the: Journal Page O&G RPT CS(O&G) NT 2DP 4NR 3110 FISCAL NOTE (DNR) 3111 RES RPT CS(RES) NT 5DP 1NR 3237 ZERO FISCAL NOTE (H.RES/DNR) 3238 FIN REFERRAL WAIVED 3464 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. 388(RES) An Act revising laws relating to oil and gas leasing as related to land previously the subject of a written best interest finding; amending provisions setting out exceptions to sales, leases, or other disposals for which a revised written best interest finding is not required; encouraging annual offer of land for oil and gas leases if the land was the subject of a best interest finding; and modifying the statement of purpose in the Alaska Land Act as it applies to oil and gas leasing to provide for annual areawide lease sales. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Brown and Rokeberg: Page 1, line 7 (title amendment): Delete "areawide" Page 6, line 20: Delete "areawide" Page 6, line 27: Delete "at areawide lease sales to issue" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. 1996-04-01 House Journal Page 3514 HB 388 Representative Vezey objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 388(RES) Second Reading Amendment No. 1 YEAS: 29 NAYS: 8 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Grussendorf, Hanley, Ivan, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: Green, James, Kelly, Kohring, Kott, Ogan, Parnell, Vezey Absent: Barnes, Brice, Foster And so, Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 388(RES) am An Act revising laws relating to oil and gas leasing as related to land previously the subject of a written best interest finding; amending provisions setting out exceptions to sales, leases, or other disposals for which a revised written best interest finding is not required; encouraging annual offer of land for oil and gas leases if the land was the subject of a best interest finding; and modifying the statement of purpose in the Alaska Land Act as it applies to oil and gas leasing to provide for annual lease sales. Amendment No. 2 was offered by Representative Finkelstein: Page 5, line 8: Delete substantial Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Vezey objected. 1996-04-01 House Journal Page 3515 HB 388 The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 388(RES) am Second Reading Amendment No. 2 YEAS: 7 NAYS: 31 EXCUSED: 0 ABSENT: 2 Yeas: Brown, Davies, Elton, Finkelstein, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Kubina, Masek And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB388(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 388(RES) am was read the third time. The question being: Shall CSHB 388(RES) am pass the House? The roll was taken with the following result: CSHB 388(RES) am Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-04-01 House Journal Page 3516 HB 388 And so, CSHB 388(RES) am passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB 388(RES) am. HB 547 The following was read the second time: HOUSE BILL NO. 547 An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date. with the: Journal Page RES RPT CS(RES) 7DP 2NR 3430 ZERO FISCAL NOTE (F&G) 3431 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. 547(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Williams and Mackie: Page 2, line 30, after "that": Insert "(1)" Page 3, line 2, after "fishery": Insert "; or (2) during each of the five calendar years 1991, 1992, 1993, 1994, and 1995, the applicant commercially harvested sea cucumber, abalone, geoduck, or sea urchin in Southeast Alaska while holding the appropriate interim-use permit" Page 3, line 6, after "that": Insert "(1)" 1996-04-01 House Journal Page 3517 HB 547 Page 3, line 8, after "abalone fishery": Insert "; or (2) during each of the five calendar years 1991, 1992, 1993, 1994, and 1995, the applicant commercially harvested sea cucumber, abalone, geoduck, or sea urchin in Southeast Alaska while holding the appropriate interim-use permit" Page 3, line 12, after "that": Insert "(1)" Page 3, line 15, after "fishery": Insert "; or (2) during each of the five calendar years 1991, 1992, 1993, 1994, and 1995, the applicant commercially harvested sea cucumber, abalone, geoduck, or sea urchin in Southeast Alaska while holding the appropriate interim-use permit" Representative Williams moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB547(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 547(RES) am was read the third time. The question being: Shall CSHB 547(RES) am pass the House? The roll was taken with the following result: CSHB 547(RES) am Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-04-01 House Journal Page 3518 HB 547 Nays: Barnes, Masek, Mulder And so, CSHB 547(RES) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 547(RES) am was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 372 Representative Davies brought up reconsideration of the vote on CSHB 372(L&C) am (page 3483). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 372(L&C) am An Act relating to the authority of the Alcoholic Beverage Control Board to exempt certain restaurant or eating place licenses from requirements relating to operation of a restaurant and to food sales; and providing for an effective date. Representative Davies moved and asked unanimous consent that CSHB 372(L&C) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representative Davies: Page 2, lines 1 - 19: Delete "(1) renew ªISSUE OR REISSUEß a license as provided under this subsection if (A) the renewal ªISSUANCE OR REISSUANCEß would result in more than one exempt restaurant or eating place license for every 10 restaurant or eating place licenses allowed under the provisions of AS04.11.400(a)(2) or (3); (B) the premises would be located in a building having a public entrance within 200 feet of the boundary line of a school or a church building in which religious services 1996-04-01 House Journal Page 3519 HB 372 are being regularly conducted; for purposes of this subparagraph, the 200-foot prohibition is measured from the outer boundary line of the school or the public entrance of the church building by the shortest pedestrian route to the nearest public entrance of the restaurant or eating place; or (2) ªREISSUE A RESTAURANT OR EATING PLACE LICENSE ASEXEMPT ASPROVIDED UNDER THE PROVISIONS OF THIS SUBSECTION IF THE LICENSE WAS ISSUED UNDER THE PROVISIONS OF AS04.11.400(g); OR (3)ß transfer an exempt license issued under this subsection to another person." Insert "ª(1) ISSUE OR REISSUE A LICENSE ASPROVIDED UNDER THIS SUBSECTION IF (A) THE ISSUANCE OR REISSUANCE WOULD RESULT IN MORE THAN ONE EXEMPT RESTAURANT OR EATING PLACE LICENSE FOR EVERY 10 RESTAURANT OR EATING PLACE LICENSES ALLOWED UNDER THE PROVISIONS OF AS04.11.400(a)(2) OR (3); (B) THE PREMISES WOULD BE LOCATED IN A BUILDING HAVING A PUBLIC ENTRANCE WITHIN 200 FEET OF THE BOUNDARY LINE OF A SCHOOL OR A CHURCH BUILDING IN WHICH RELIGIOUS SERVICES ARE BEING REGULARLY CONDUCTED; FOR PURPOSES OF THIS SUBPARAGRAPH, THE 200-FOOT PROHIBITION IS MEASURED FROM THE OUTER BOUNDARY LINE OF THE SCHOOL OR THE PUBLIC ENTRANCE OF THE CHURCH BUILDING BY THE SHORTEST PEDESTRIAN ROUTE TO THE NEAREST PUBLIC ENTRANCE OF THE RESTAURANT OR EATING PLACE; (2) REISSUE A RESTAURANT OR EATING PLACE LICENSE ASEXEMPT ASPROVIDED UNDER THE PROVISIONS OF THIS SUBSECTION IF THE LICENSE WAS ISSUED UNDER THE PROVISIONS OF AS04.11.400(g); OR (3)ß transfer an exempt license issued under this subsection to another person." Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. 1996-04-01 House Journal Page 3520 HB 372 Representative Porter objected. Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard and Representative Mulder was required to vote. Amendment to Amendment No. 2 was offered by Representative Davies: Last line of the amendment, following person: Insert or location Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. Objection was heard. Representative Toohey placed a call of the House. The call was satisfied. The question being: Shall the amendment to Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 372(L&C) am--RECONSIDERATION Second Reading Amendment to Amendment No. 2 YEAS: 26 NAYS: 11 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kott, Long, Mackie, Moses, Mulder, Navarre, Nicholia, Parnell, Robinson, Therriault, Toohey Nays: Kohring, Martin, Masek, Ogan, Phillips, Porter, Rokeberg, Sanders, Vezey, Williams, Willis Absent: Barnes, Foster, Kubina And so, the amendment to Amendment No. 2 was adopted. 1996-04-01 House Journal Page 3521 HB 372 Representatives Mackie and Navarre declared a conflict of interest. The question being: Shall Amendment No. 2 as amended be adopted? The roll was taken with the following result: CSHB 372(L&C) am--RECONSIDERATION Second Reading Amendment No. 2 as amended YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, James, Kubina, Masek, Moses, Mulder, Navarre, Nicholia, Robinson, Toohey Nays: Austerman, Green, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Martin, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Kott changed from "Yea" to "Nay". And so, Amendment No. 2 as amended was not adopted. Representative Davies moved and asked unanimous consent that CSHB 372(L&C) am be returned to second reading for the specific purpose of considering Amendment No. 3. Objection was heard. The question being: Shall CSHB 372(L&C) am be returned to second reading for the specific purpose of considering Amendment No. 3? The roll was taken with the following result: CSHB 372(L&C) am--RECONSIDERATION Third Reading Return to Second for Amendment No. 3 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis 1996-04-01 House Journal Page 3522 HB 372 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, the motion failed. The question to be reconsidered: Shall CSHB 372(L&C) am pass the House? The roll was taken with the following result: CSHB 372(L&C) am--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Brice, Brown, B.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Willis Nays: Barnes, Bunde, Davies, G.Davis, Kubina, Masek, Moses, Navarre, Nicholia, Toohey, Williams And so, CSHB 372(L&C) am passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 372(L&C) am was referred to the Chief Clerk for engrossment. Representative Vezey moved and asked unanimous consent that the House recess until 1:00 p.m. There being no objection, the House recessed at 12:17 p.m. AFTER RECESS The House was called back to order at 1:08 p.m. 1996-04-01 House Journal Page 3523 SECOND READING OF HOUSE BILLS (Continued) HB 230 The following was read the second time: HOUSE BILL NO. 230 An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and for community schools programs for fiscal year 1996 and fiscal year 1997; making appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date. with the: Journal Page HES RPT 3DP 1DNP 3NR 775 FIN RPT CS(FIN) NT 8DP 3AM 3428 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. 230(FIN) An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and for community schools programs for fiscal year 1997; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brice: Page 1, line 5: Delete 714,832,400" Insert 717,861,600" Page 2, line 8: Delete 30,214,800" Insert 33,244,000" 1996-04-01 House Journal Page 3524 HB 230 Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. The Speaker invoked Section 102 of Masons Manual. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 230(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Navarre: Page 2, line 10: Delete 500,000" Insert 600,000" Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Representative Davies declared a conflict of interest. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1996-04-01 House Journal Page 3525 HB 230 CSHB 230(FIN) Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB230(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected and withdrew the objection. There being no further objection, it was so ordered. CSHB 230(FIN) was read the third time. The question being: Shall CSHB 230(FIN) pass the House? The roll was taken with the following result: CSHB 230(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1996-04-01 House Journal Page 3526 HB 230 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, CSHB 230(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 230(FIN) was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 325 Representative Navarre brought up reconsideration of the vote on CSHB325(FIN) am (page 3493). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 325(FIN) am An Act relating to modification of royalty to encourage production from an oil pool containing heavy oil; and providing for an effective date. The Speaker invoked Section 102 of Masons Manual. The question to be reconsidered: Shall CSHB 325(FIN) am pass the House? The roll was taken with the following result: CSHB 325(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 1996-04-01 House Journal Page 3527 HB 325 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Ivan, Kelly, Kohring, Kott, Long, Mackie, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, James, Kubina, Masek, Moses, Navarre, Nicholia, Robinson, Therriault, Willis And so, CSHB 325(FIN) am passed the House. Representative Vezey moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSHB 325(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Nicholia, Robinson, Therriault, Willis And so, the effective date clause was adopted. CSHB 325(FIN) was referred to the Chief Clerk for engrossment. The Speaker stated that the House would stand at ease for 15 minutes; and so, the House stood at ease at 3:10 p.m. AFTER AT EASE The House was called back to order at 3:52 p.m. 1996-04-01 House Journal Page 3528 A second quorum call showed 31 members present. SECOND READING OF HOUSE BILLS (continued) HB 413 The following was read the second time: HOUSE BILL NO. 413 An Act making appropriations for the operating expenses of the state's integrated comprehensive mental health program; and providing for an effective date. with the: Journal Page FIN RPT CS(FIN) NT 8DP 3AM 3473 The Speaker invoked Section 102 of Masons Manual. 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. 413(FIN) An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brice: Page 5, line 29: Under Appropriation Items: Delete 20,958,400 Insert 21,463,400 Under General Fund: Delete 20,958,400 Insert 21,463,400 1996-04-01 House Journal Page 3529 HB 413 Adjust funding sources accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 413(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 1, after line 11: Insert a new bill section to read: "* Sec. 3. (a) For purposes of the state's integrated comprehensive mental health program, the sum of $211,400 is appropriated from the general fund/mental health, and the sum of $4,700 is appropriated from the mental health trust settlement income account (AS 37.14.036) to the Office of the Governor, office of management and budget, for allocation among the appropriate state departments and agencies to fund, for the fiscal year ending June30, 1997, the monetary terms of collective bargaining agreements with the bargaining units set out in (b)(1) of this section and to fund the increase in salaries of state employees listed in (b)(2) of this section. 1996-04-01 House Journal Page 3530 HB 413 (b) The amount appropriated by (a) of this section shall be allocated to the appropriate state departments and agencies to fund, as appropriate, (1) the collective bargaining agreements with (A) Alaska State Employees Association, for the General Government Unit; (B) Alaska Public Employees Association, for the Supervisory Unit; (C) Public Employees Local 71, for the Labor, Trades and Crafts Unit; (D) Public Safety Employees Association, representing state troopers and other commissioned law enforcement personnel; (E) the Classified Employees Association, representing University of Alaska employees; (F) the Alaska Community Colleges' Federation of Teachers, representing faculty members of the University of Alaska; and (2) the increase in salaries of (A) state employees of the executive branch who are exempt employees; (B) state employees who are denominated excluded personnel; (C) University of Alaska nonunion classified and professional employees; (D) University of Alaska nonunion faculty employees." Page 1, line 12: Delete "(SECTION 3 OF THIS ACT BEGINS ON PAGE 3)" Insert "(SECTION 4 OF THIS ACT BEGINS ON PAGE 4)" Renumber the following bill sections accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: 1996-04-01 House Journal Page 3531 HB 413 CSHB 413(FIN) Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB413(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The question being: Shall CSHB 413(FIN) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 413(FIN) Second Reading Advance to Third Reading YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis And so, lacking the necessary 30 votes, CSHB 413(FIN) failed to advance and will be in third reading on the April 2, 1996, calendar. 1996-04-01 House Journal Page 3532 HB 412 The following was read the second time: HOUSE BILL NO. 412 An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. with the: Journal Page FIN RPT CS(FIN) 8DP 3AM 3472 The Speaker invoked Section 102 of Masons Manual. 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. 412(FIN) (same title) Representative Navarre objected. The question being: Shall the House adopt CSHB 412(FIN)? The roll was taken with the following result: HB 412 Second Reading Adopt Finance CS YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis 1996-04-01 House Journal Page 3533 HB 412 And so, CSHB 412(FIN) was adopted. Amendment No. 1 was offered by Representative Brice: Page 4, line 11, through page 5, line 8: Delete all material and insert: "* Sec. 9. COMPENSATION INCREASES. (a) The sum of $14,970,300 is appropriated from the general fund and other funds as set out in this subsection to Office of the Governor, office of management and budget, for allocation among the appropriate state departments and agencies to fund, for the fiscal year ending June 30, 1997, the monetary terms of collective bargaining agreements with the bargaining units set out in (b)(1) of this section and to fund the increase in salaries of state employees listed in (b)(2) of this section: FUND SOURCE APPROPRIATION AMOUNT General fund $8,164,200 General fund match 341,600 General fund - program receipts 524,500 Federal receipts 1,429,400 Inter-agency receipts 638,500 Education trust 100 University of Alaska/dormitory/food/auxiliary service 800 Federal incentive payments 24,500 Benefits systems receipts 17,100 Agricultural loan fund 10,400 State corporation receipts 230,600 FICA administration fund account 700 Fish and game fund 180,500 Science and technology endowment fund 11,100 Highway working capital fund 178,500 International airports revenue fund 368,700 Public employees retirement fund 18,700 Second injury fund 1,900 Disabled fishermans reserve account 1,900 Surplus property revolving fund 2,400 Teachers' retirement system fund 17,200 Veterans' revolving loan fund 1,600 Commercial fishing loan fund 15,100 University of Alaska/student tuition/fees/services 26,900 1996-04-01 House Journal Page 3534 HB 412 Real estate surety fund 900 Judicial retirement system 400 P.L. 81-874 1,100 National guard retirement system 300 University receipts 5,400 Training and building fund 8,100 Permanent fund dividend fund 39,500 Rural development initiative fund 900 Oil/hazardous prevention and response fund 89,500 Investment loss trust fund 100 Inter-agency receipts/oil and hazardous waste 14,100 Capital improvement project receipts 1,009,100 Power project loan fund 4,400 Public school fund 600 Mining revolving loan fund 100 Fisheries enhancement revolving loan fund 1,600 Alternative energy revolving loan fund 2,000 Residential energy revolving loan fund 100 Bulk fuel revolving loan fund 600 Alaska clean water loan fund 2,300 Marine highway system fund 1,436,500 Gifts/grants 1,200 Storage tank assistance fund 11,800 Information services fund 132,800 (b) The amount appropriated by (a) of this section shall be allocated to the appropriate state departments and agencies to fund, as appropriate, (1) the collective bargaining agreements with (A) Alaska State Employees Association, for the General Government Unit; (B) Alaska Public Employees Association, for the Supervisory Unit; (C) Public Employees Local 71, for the Labor, Trades and Crafts Unit; (D) Inlandboatmen's Union of the Pacific, representing the unlicensed marine unit; (E) International Organization of Masters, Mates, and Pilots, Pacific Maritime Region, for the Masters, Mates, and Pilots Unit; 1996-04-01 House Journal Page 3535 HB 412 (F) Public Safety Employees Association, representing state troopers and other commissioned law enforcement personnel; (G) the Classified Employees Association, representing University of Alaska employees; and (H) the Alaska Community Colleges' Federation of Teachers, representing faculty members of the University of Alaska; and (2) the increase in salaries of (A) state employees of the executive branch who are denominated exempt employees; (B) state employees who are denominated excluded personnel; (C) University of Alaska nonunion classified and professional employees; (D) University of Alaska nonunion faculty employees." Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. Representative Robinson placed a call of the House and lifted the call. Representative B.Davis declared a conflict of interest. Representative Mackie placed a call of the House and lifted the call. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 1 YEAS: 13 NAYS: 26 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Long, Mackie, Navarre, Nicholia, Robinson, Willis 1996-04-01 House Journal Page 3536 HB 412 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Kubina And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Long: Page 13, line 15: Under Appropriation Items: Delete 4,633,200 Insert 5,271,700 Under General Fund: Delete 4,522,500 Insert 5,131,000 Representative Long moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-04-01 House Journal Page 3537 HB 412 And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that the House recess until 7:30 p.m. There being no objection, the House recessed at 6:04 p.m. AFTER RECESS The House was called back to order at 7:46 p.m. A third quorum call showed 25 members present. Representative B.Davis had been previously excused from a call of the House today. SECOND READING OF HOUSE BILLS (Continued) HB 412 Representative Brown placed a call of the House and lifted the call. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Willis Representative James Objection was heard, and the members were required to vote. Amendment No. 3 was offered by Representative B.Davis: Page 18, line 36: Under Appropriation Items: Delete 8,815,900 Insert 9,270,400 Under General Fund: Delete 1,502,600 Insert 1,832,100" Under Other Funds: Delete 7,313,300 Insert 7,438,300 1996-04-01 House Journal Page 3538 HB 412 Page 19, following line 7: Insert Federal Student Aid Under Allocations: Insert 454,500 Representative Robinson moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 3 YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Elton: Page 14, line 12: Under Appropriation Items: Delete 12,100,100 Insert 12,959,500 Under General Fund: Delete 7,100,100 Insert 7,959,500 1996-04-01 House Journal Page 3539 HB 412 Representative Elton moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 4 YEAS: 13 NAYS: 22 EXCUSED: 1 ABSENT: 4 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Barnes, Bunde, Ivan, Masek And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brice: Page 35, line 29: Under Appropriation Items: Delete 19,326,100 Insert 18,376,100 Under General Fund: Delete 19,191,900 Insert 18,241,900 Page 35, line 30: Under Allocations: Delete 3,729,300 Insert 2,779,300 1996-04-01 House Journal Page 3540 HB 412 Page 22, line 3: Under Appropriation Items: Delete 197,296,500 Insert 198,246,500 Under General Fund: Delete 99,075,100 Insert 100,025,100 Page 22, line 9: Under Allocations: Delete 44,008,200 Insert 44,958,200 Representative Brice moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. Representative Kubina moved and asked unanimous consent that the question be divided. The Speaker ruled the question was divisible. There being no objection, Amendment No. 5 was divided. Part A of Amendment No. 5: Page 35, line 29: Under Appropriation Items: Delete 19,326,100 Insert 18,376,100 Under General Fund: Delete 19,191,900 Insert 18,241,900 Page 35, line 30: Under Allocations: Delete 3,729,300 Insert 2,779,300 1996-04-01 House Journal Page 3541 HB 412 The question being: Shall Amendment No. 5, Part A be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 5, Part A YEAS: 3 NAYS: 32 EXCUSED: 1 ABSENT: 4 Yeas: Brice, Elton, Grussendorf Nays: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Foster, Green, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis Absent: Finkelstein, Kelly, Martin, Moses And so, Amendment No. 5, Part A was not adopted. Part B of Amendment No. 5: Page 22, line 3: Under Appropriation Items: Delete 197,296,500 Insert 198,246,500 Under General Fund: Delete 99,075,100 Insert 100,025,100 Page 22, line 9: Under Allocations: Delete 44,008,200 Insert 44,958,200 The question being: Shall Amendment No. 5, Part B be adopted? The roll was taken with the following result: 1996-04-01 House Journal Page 3542 HB 412 CSHB 412(FIN) Second Reading Amendment No. 5, Part B YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Moses And so, Amendment No. 5, Part B was not adopted. Amendment No. 6 was offered by Representative Nicholia: Page 21, line 5: Under Appropriation Items: Delete 2,751,100 Insert 2,901,100 Under General Fund: Delete 1,144,400 Insert 1,294,400 Page 21, line 6: Under Allocations: Delete 1,401,900 Insert 1,551,900 Representative Nicholia moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Masek objected. 1996-04-01 House Journal Page 3543 HB 412 The question being: Shall Amendment No. 6 be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 6 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Ogan And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative B.Davis: Page 17, line 38: Under Appropriation Items: Delete 951,300 Insert 1,442,600 Under General Fund: Delete 442,300 Insert 752,300 Under Other Funds: Delete 509,000 Insert 690,300 Page 18, line 5: Under Allocations: Delete 763,000 Insert 1,254,300 1996-04-01 House Journal Page 3544 HB 412 Representative Robinson moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Kohring objected. The question being: Shall Amendment No. 7 be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 7 YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Moses And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Brice: Page 35, line 35: Under Appropriation Items: Delete 5,068,100 Insert 3,816,100 Under General Fund: Delete 5,068,100 Insert 3,816,100 1996-04-01 House Journal Page 3545 HB 412 Page 22, line 27: Under Appropriation Items: Delete 39,777,700 Insert 42,281,700 Under General Fund: Delete 19,492,100 Insert 20,744,100 Under Other Funds: Delete 20,285,600 Insert 21,537,600 Page 22, line 33: Under Allocations: Delete 5,828,500 Insert 8,332,500 Representative Brice moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Hanley objected. Representative Kubina moved and asked unanimous consent that the question be divided. The Speaker ruled the question was divisible. There being no objection, Amendment No. 8 was divided. Part A of Amendment No. 8: Page 35, line 35: Under Appropriation Items: Delete 5,068,100 Insert 3,816,100 Under General Fund: Delete 5,068,100 Insert 3,816,100 1996-04-01 House Journal Page 3546 HB 412 The question being: Shall Amendment No. 8, Part A be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 8, Part A YEAS: 6 NAYS: 30 EXCUSED: 1 ABSENT: 3 Yeas: Brice, Brown, Elton, Finkelstein, Robinson, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: James, Martin, Sanders And so, Amendment No. 8, Part A was not adopted. Part B of Amendment No. 8: Page 22, line 27: Under Appropriation Items: Delete 39,777,700 Insert 42,281,700 Under General Fund: Delete 19,492,100 Insert 20,744,100 Under Other Funds: Delete 20,285,600 Insert 21,537,600 Page 22, line 33: Allocations: Delete 5,828,500 Insert 8,332,500 1996-04-01 House Journal Page 3547 HB 412 The question being: Shall Amendment No. 8, Part B be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 8, Part B YEAS: 13 NAYS: 23 EXCUSED: 1 ABSENT: 3 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, Kelly, Kohring, Kott, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: James, Martin, Sanders And so, Amendment No. 8, Part B was not adopted. Amendment No. 9 was offered by Representative Brice: Page 35, line 35: Under Appropriation Items: Delete 5,068,100 Insert 3,963,100 Under General Fund: Delete 5,068,100 Insert 3,963,100 Page 22, line 27: Under Appropriation Items: Delete 39,777,700 Insert 41,987,700 Under General Fund: Delete 19,492,100 Insert 20,597,100 1996-04-01 House Journal Page 3548 HB 412 Under Other Funds: Delete 20,285,600 Insert 21,390,600 Page 22, line 34: Under Allocations: Delete 6,788,600 Insert 8,998,600 Representative Brice moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Hanley objected. Representative Kubina moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was divisible. There being no objection, Amendment No. 9 was divided. Part A of Amendment No. 9: Page 35, line 35: Under Appropriation Items: Delete 5,068,100 Insert 3,963,100 Under General Fund: Delete 5,068,100 Insert 3,963,100 The question being: Shall Amendment No. 9, Part A be adopted? The roll was taken with the following result: CSHB 412(FIN) Second Reading Amendment No. 9, Part A YEAS: 5 NAYS: 33 EXCUSED: 1 ABSENT: 1 1996-04-01 House Journal Page 3549 HB 412 Yeas: Brice, Brown, Elton, Finkelstein, Willis Nays: Austerman, Barnes, Bunde, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Sanders And so, Amendment No. 9, Part A was not adopted. Part B of Amendment No. 9: Page 22, line 27: Under Appropriation Items: Delete 39,777,700 Insert 41,987,700 Under General Fund: Delete 19,492,100 Insert 20,597,100 Under Other Funds: Delete 20,285,600 Insert 21,390,600 Page 22, line 34: Under Allocations: Delete 6,788,600 Insert 8,998,600 The question being: Shall Amendment No. 9, Part B be adopted? The roll was taken with the following result: 1996-04-01 House Journal Page 3550 HB 412 CSHB 412(FIN) Second Reading Amendment No. 9, Part B YEAS: 13 NAYS: 25 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Sanders And so, Amendment No. 9, Part B was not adopted. The Speaker stated that the House would stand at ease; and so, t so, House stood at ease at 10:00 p.m. AFTER AT EASE The House was called back to order at 10:44 p.m. SECOND READING OF HOUSE BILLS (Continued) HB 412 CSHB 412(FIN), with pending amendments, will be in second reading on the April 2, 1996, calendar. THIRD READING OF HOUSE BILLS HB 474 The following, which was on today's calendar and was not considered, will be on the April 2, 1996, calendar: 1996-04-01 House Journal Page 3551 HB 474 CS FOR HOUSE BILL NO. 474(JUD) An Act relating to violations of municipal ordinances and regulations, and to civil penalties for violation of municipal ordinances by juveniles. LEGISLATIVE CITATIONS The citations on today's calendar were not considered and will be on the April 2, 1996, calendar. UNFINISHED BUSINESS HB 364 Representative Davies moved and asked unanimous consent that the reconsideration (page 3479) of the following be held over to April 3, 1996: CS FOR HOUSE BILL NO. 364(JUD) AM An Act amending, in the Election Code, the definition of the offense of unlawful interference with voting in the first degree, a class C felony, and adding, for all `knowing' violations of election offenses set out in the Election Code, a cross- reference to the definition of the word `knowing' in the Criminal Code. There being no objection, it was so ordered. SB 178 Representative Vezey moved and asked unanimous consent that the reconsideration (page 3486) of the following be held over to April 3, 1996: SENATE BILL NO. 178(title am) An Act increasing the number of eligible employees that constitute an employer group for purposes of providing small employer health insurance; amending the definition of `small employer'; and requiring an annual report from the Small Employer Health Reinsurance Association until 1999. There being no objection, it was so ordered. 1996-04-01 House Journal Page 3552 SB 159 Representative B.Davis added her name as cross sponsor to: CS FOR SENATE BILL NO. 159(HES) am An Act relating to advance directives for mental health treatment. SB 193 Representative Navarre added his name as cross sponsor to: CS FOR SENATE BILL NO. 193(L&C) An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. SB 194 Representative Green added his 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. SB 197 Representative Robinson added her name as cross sponsor to: CS FOR SENATE BILL NO. 197(L&C) An Act relating to insurance covering an insured who is a victim of domestic violence and requiring certain disclosures by an insurer. ENGROSSMENT HB 230 CSHB 230(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-04-01 House Journal Page 3553 HB 325 CSHB 325(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 341 CSHB 341(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 372 CSHB 372(L&C) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 547 CSHB 547(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 9:30 a.m., April 2, 1996. There being no objection, the House adjourned at 10:45 p.m. Suzi Lowell Chief Clerk