Legislature(1995 - 1996)
1996-04-03 House Journal
Full Journal pdf1996-04-03 House Journal Page 3613 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 3, 1996 Eighty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:11 a.m. Roll call showed 32 members present. Representatives B.Davis and Robinson had been previously excused from a call of the House today. Representative Barnes was excused due to illness. Representatives Hanley, Kott, Kubina and Navarre were absent and their presence was noted later. 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 Masek - all day today Representative James - from 10:15 a.m. to 2:00 p.m., today. The invocation was offered by the Chaplain, Brian Ewing of the Calvary Fellowship. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Chaplain Ewing led the House in a moment of silent prayer for Ron Brown, U.S. Secretary of Commerce, who was in a plane crash over the Adriatic Sea. Father, we want to hold up Mr. Brown and his family to You, Lord. You know the exact circumstances. We pray for his family and the others who may have been on the plane. Father, be to them the God of all comfort right now, that they would find You a very present help in their time of need. 1996-04-03 House Journal Page 3614 Father, someone said it well when they said, Only one life twil soon be past. Only whats done for Christ will last. But You said it best when You said, It is appointed unto man once to die and after death the judgement. Abraham recognized that this life is not all there is, and death is not the end. You said of Him, `He was looking forward to the city with foundations, whose architect and builder is God'. Father, cause us to live today as men and women who will be examined in the light of Your eternal Word. You said, The grass withereth, the flower fadeth, but the Word of God shall stand forever. Amen. The Pledge of Allegiance was led by Representative Martin. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 85th and 86th legislative days with the following correction be approved as certified by the Chief Clerk. There being no objection, it was so ordered. HB 412 Page 3603: Following the vote on the budget reserve appropriations, it should read: And so, lacking the necessary 30 votes, Sec. 8(a), (b) and (c) were not adopted and the new title appears below: Any reference to the bill following that should read: CSHB 412(FIN) am(brf fld) MESSAGES FROM THE SENATE HB 226 A message dated April 2, 1996, was read stating the Senate has passed CSHB 226(FIN) am with the following amendment and it is transmitted for consideration: 1996-04-03 House Journal Page 3615 HB 226 SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD) An Act permitting the provision of different retirement and health benefits to certain employees by differentiating between benefits provided to employees with spouses or children and to other employees. CSHB 226(FIN) am is under Unfinished Business. **The presence of Representative Kott was noted. #END A message dated April 2, 1996, was read stating the Senate has p has the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 42 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am by Senator Taylor, entitled: An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. SB 198 CS FOR SENATE BILL NO. 198(FIN) by the Senate Finance Committee, entitled: An Act establishing the Homer Airport Critical Habitat Area. was read the first time and referred to the Resources and Finance Committees. 1996-04-03 House Journal Page 3616 SB 230 CS FOR SENATE BILL NO. 230(FIN) by the Senate Finance Committee, entitled: An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. was read the first time and referred to the Resources and Finance Committees. SB 268 CS FOR SENATE BILL NO. 268(JUD) am by the Senate Judiciary Committee, entitled: An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence. was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES HB 535 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 535 An Act relating to postsecondary education. and recommends it be replaced with: CS FOR HOUSE BILL NO. 535(HES) An Act relating to postsecondary education; and providing for an effective date. 1996-04-03 House Journal Page 3617 HB 535 The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Toohey, Vezey No recommendation (2): G.Davis, Robinson Amend (1): Rokeberg The Health, Education & Social Services Committee recommended a referral to the Finance Committee. The Speaker added the Finance referral (page 3608). The following fiscal notes apply to CSHB 535(HES): Fiscal notes (5), Dept. of Education, 4/2/96 Fiscal note, University of Alaska, 4/2/96 HB 535 was referred to the Finance Committee. **The presence of Representative Hanley was noted. LEGISLATIVE CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Yukon-Koyukuk Academic Decathlon Team By Senator Lincoln; Representative Nicholia In Memoriam - Harry and Polly Mills By Representative Willis; Senator Halford INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 549 HOUSE BILL NO. 549 by the House Judiciary Committee by request, entitled: 1996-04-03 House Journal Page 3618 HB 549 An Act relating to partnerships; and providing for an effective date. was read the first time and referred to the Judiciary, Labor & Commerce and Finance Committees. **The presence of Representatives Kubina and Navarre was noted. ted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 216 The following was read the second time: HOUSE BILL NO. 216 An Act establishing the Alaska education technology program; and providing for an effective date. with the: Journal Page HES RPT CS(HES) 4DP 1DNP 1NR 3266 ZERO FISCAL NOTE (DOE) 3266 FIN REFERRAL WAIVED 3463 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. 216(HES) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB216(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-04-03 House Journal Page 3619 HB 216 CSHB 216(HES) was read the third time. The question being: Shall CSHB 216(HES) pass the House? The roll was taken with the following result: CSHB 216(HES) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, B.Davis, James, Masek, Robinson Absent: Moses And so, CSHB 216(HES) 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 216(HES) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 474 The following, which had been held in third reading to today's calendar (page 3605), was again before the House: 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. 1996-04-03 House Journal Page 3620 HB 474 Title Amendment was offered by Representative Brown: Page 1, line 1, following relating to: Insert civil Page 1, line 1, following ordinances: Delete and regulations Representative Brown moved and asked unanimous consent that the title amendment be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 474(JUD (title am) An Act relating to civil violations of municipal ordinances, and to civil penalties for violation of municipal ordinances by juveniles. The question being: Shall CSHB 474(JUD)(title am) pass the House? The roll was taken with the following result: CSHB 474(JUD)(title am) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, B.Davis, James, Masek, Robinson Absent: Brice, Ogan And so, CSHB 474(JUD)(title am) passed the House and was referred to the Chief Clerk for engrossment. 1996-04-03 House Journal Page 3621 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: In Memoriam - Laura M. Olsen By Representatives Austerman, Phillips, Elton, Davies, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams; Senator Zharoff In Memoriam - Jack Wilbur By Senator Sharp; Representatives Phillips, Brice, Elton, Davies, Foster, Hanley, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams RECONSIDERATION SB 178 Representative Vezey brought up reconsideration of the vote on SB178(title am) (page 3551). The following was again before the House in third reading: 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. The question to be reconsidered: Shall SB 178(title am) pass the House? The roll was taken with the following result: SB 178(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 1996-04-03 House Journal Page 3622 SB 178 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, B.Davis, James, Masek, Robinson Absent: Foster And so, SB 178(title am) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. HB 364 Representative Davies brought up reconsideration of the vote on CSHB364(JUD) am (page 3551). The following was again before the House in third reading: 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. Representative Davies moved and asked unanimous consent that CSHB364(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Davies: Page 2, line 13, following participant: Insert wherein the total of the prize(s) offered are greater than two dollars per participant with a maximum of one hundred dollars 1996-04-03 House Journal Page 3623 HB 364 Page 2, line 24: Insert new subparagraphs to read: (D) services provided by a person acting as a personal representative as defined in AS 15.20.071; (E) services provided by an election official as defined in AS 15.60.010; and Renumber the following paragraph accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. The question to be reconsidered: Shall CSHB 364(JUD) am pass the House? The roll was taken with the following result: CSHB 364(JUD) am--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 10 EXCUSED: 5 ABSENT: 1 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Long, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Brice, Green, Kubina, Mackie, Martin, Navarre, Nicholia, Ogan, Parnell, Therriault Excused: Barnes, B.Davis, James, Masek, Robinson Absent: Foster And so, CSHB 364(JUD) am passed the House on reconsideration. Representative Vezey moved that the House rescind previous action in adopting CSHB 364(JUD) am under reconsideration. 1996-04-03 House Journal Page 3624 HB 364 The question being: Shall the House rescind previous action in adopting CSHB 364(JUD) am under reconsideration? The roll was taken with the following result: CSHB 364(JUD) am--RECONSIDERATION Third Reading Rescind previous action YEAS: 34 NAYS: 1 EXCUSED: 5 ABSENT: 0 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice Excused: Barnes, B.Davis, James, Masek, Robinson And so, the motion passed and the reconsideration of CSHB 364(JUD)am was again before the House. The question to be reconsidered: Shall CSHB 364(JUD) am pass the House? The roll was taken with the following result: CSHB 364(JUD) am--RECONSIDERATION Third Reading Final Passage YEAS: 29 NAYS: 5 EXCUSED: 5 ABSENT: 1 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Mackie, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Long, Martin, Nicholia, Sanders Excused: Barnes, B.Davis, James, Masek, Robinson Absent: Navarre 1996-04-03 House Journal Page 3625 HB 364 And so, CSHB 364(JUD) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Mackie - from 5:00 p.m., April 4 to 9:30 p.m., plane time, April 8, 1996 Representative Grussendorf - from 9:00 a.m., April 4 to 6:00 p.m., plane time, April 9, 1996 Representative Bunde - from 6:00 p.m., April 4 to 9:16 p.m., plane time, April 8, 1996 Representative Green - from 8:00 a.m., April 5 to 10:00 p.m., plane time, April 8, 1996 Representative James - from 6:00 p.m., April 4 to 9:00 p.m., plane time, April 8, 1996 Representative Sanders - from 5:00 p.m., April 4 to 9:30 a.m., plane time, April 9, 1996 (amended from page 3608) RECONSIDERATION HB 412 Representative Kubina brought up reconsideration of the vote on CSHB 412(FIN) am(brf fld) (page 3603). The following was again before the House in third reading: 1996-04-03 House Journal Page 3626 HB 412 CS FOR HOUSE BILL NO. 412(FIN) am 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. **The presence of Representative James, who had previously been excused, was noted. Representative Kubina placed a call of the House. The call was satisfied. The question to be reconsidered: Shall CSHB 412(FIN) am pass the House? The roll was taken with the following result: CSHB 412(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 12 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Willis Excused: Barnes, B.Davis, Masek, Robinson And so, CSHB 412(FIN) am passed the House. Representative Vezey moved the effective date clause. The question to be reconsidered: Shall the effective date clause be adopted? The roll was taken with the following result: 1996-04-03 House Journal Page 3627 HB 412 CSHB 412(FIN) am--RECONSIDERATION Third Reading Effective Date YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Barnes, B.Davis, Masek, Robinson And so, the effective date clause was adopted. Representative Vezey moved the appropriations in Sec. 8(a) under Art.IX, section 17(c) of the Constitution of the State of Alaska from the constitutional budget reserve fund. The question to be reconsidered: Shall the House adopt Sec. 8(a)? The roll was taken with the following result: CSHB 412(FIN) am--RECONSIDERATION Third Reading Budget Reserve Appropriations, Sec. 8(a) YEAS: 35 NAYS: 1 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice Excused: Barnes, B.Davis, Masek, Robinson And so, Sec. 8(a) was adopted. 1996-04-03 House Journal Page 3628 HB 412 Representative Vezey moved the appropriations in Sec. 8(b) under Art.IX, section 17(c) of the Constitution of the State of Alaska from the constitutional budget reserve fund. The question to be reconsidered: Shall the House adopt Sec. 8(b)? The roll was taken with the following result: CSHB 412(FIN) am--RECONSIDERATION Third Reading Budget Reserve Appropriations, Sec. 8(b) YEAS: 24 NAYS: 12 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Willis Excused: Barnes, B.Davis, Masek, Robinson And so, lacking the necessary 30 votes, Sec. 8(b) was not adopted and the new title appears below: CS FOR HOUSE BILL NO. 412(FIN) am(brf pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. CSHB 412(FIN) am(brf pfld) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 348 The Speaker waived the Judiciary Committee referral for the following at the request of Representative Porter, Chair: 1996-04-03 House Journal Page 3629 HB 348 HOUSE BILL NO. 348 An Act requiring that all official interviews with children who are alleged to have been abused or neglected be videotaped or audiotaped. HB 348 was removed from the Judiciary Committee and referred to the Finance Committee. HB 393 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: HOUSE BILL NO. 393 An Act relating to managed care for recipients of medical assistance; and providing for an effective date. HB 393 was removed from the State Affairs Committee and referred to the Finance Committee. HB 216 Representative Navarre added his name as cosponsor to: CS FOR HOUSE BILL NO. 216(HES) An Act establishing the Alaska education technology program; and providing for an effective date. SB 198 Representative Navarre added his name as cross sponsor to: CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area. ENGROSSMENT HB 216 CSHB 216(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-04-03 House Journal Page 3630 HB 358 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. 358(CRA) An Act relating to dog mushers' contests. HB 364 CSHB 364(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 412 CSHB 412(FIN) am(brf pfld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 474 CSHB 474(JUD)(title 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. Majority Caucus Speaker's Chamber 9:30 a.m., 4/4 The following meetings today have been changed as indicated: Judiciary Committee 1:00 pm, 4/3 meeting CHANGED TO: 2:15 p.m., 4/3 Transportation Committee 1:00 pm, 4/3 meeting CHANGED TO: 2:15 p.m., 4/3 Finance Committee 1:30 pm, 4/3 meeting CHANGED TO: 2:15 p.m., 4/3 1996-04-03 House Journal Page 3631 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 4, 1996. There being no objection, the House adjourned at 1:57 p.m. Suzi Lowell Chief Clerk