Legislature(1995 - 1996)
1996-04-09 House Journal
Full Journal pdf1996-04-09 House Journal Page 3657 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 9, 1996 Ninety-third Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:23 a.m. Roll call showed 30 members present. Representatives Foster, Grussendorf and Nicholia had been previously excused from a call of the House today. Representative Parnell was excused due to illness. Representatives Hanley, Kubina, Martin and Navarre were absent and their presence was noted later. Representative Moses was absent. Representative Vezey moved and asked unanimous consent that the following member be excused from a call of the House. There being no objection, the member was excused as noted: Representative Masek - all day today The invocation was offered by the Chaplain, Reverend Wayne Coggins of the Cornerstone Family Ministries. Representative Toohey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Heavenly Father Yesterday, as I flew from Prudhoe Bay to Anchorage and then on here to Juneau...I must say, from 30,000 feet, that Alaska is an awesome and beautiful creation of Yours. And now, here at sea level, eye to eye and shoulder to shoulder with friends, family, co-workers, and today, these legislators, I also commend You on the wonderful job You've done in creating each person with such unique and diverse gifts and talents. Help us all to see and value the expressions of those gifts in those around us. 1996-04-09 House Journal Page 3658 Help each legislator to keep a clear perspective in this, the home stretch of this legislative session. Help us all to remember our values and to live by them. May we not be so concerned with trying to make this world a better place to live -- rather may we live as better people in this world You've already given us. Amen. The Pledge of Allegiance was led by Representative Davies. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 88th, 89th, 90th, 91st and 92nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 42 A message dated April 4, 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. 42(FIN) An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date. Chapter No. 9, SLA 1996 Effective Date: April 5, 1996 SB 131 A message dated April 4, 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: 1996-04-09 House Journal Page 3659 SB 131 SENATE BILL NO. 131 am H An Act relating to investments by fiduciaries. Chapter No. 10, SLA 1996 Effective Date: July 3, 1996 MESSAGES FROM THE SENATE A message dated April 4, 1996, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 181 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) by the Senate Finance Committee, entitled: An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising. was read the first time and referred to the Finance Committee. SB 211 CS FOR SENATE BILL NO. 211(RLS) am by the Senate Rules Committee, entitled: An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. was read the first time and referred to the Judiciary Committee. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and appear in House Journal Supplement No. 13. 1996-04-09 House Journal Page 3660 REPORTS OF STANDING COMMITTEES HCR 30 The Judiciary Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to rights of public school students. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 30(JUD) Relating to rights and responsibilities of public school students. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Green, Toohey, Bunde, Vezey, Finkelstein The following fiscal note applies to CSHCR 30(JUD): Zero fiscal note, Dept. of Education, 3/22/96 HCR 30 was referred to the Finance Committee. HJR 65 The Transportation Committee has considered: HOUSE JOINT RESOLUTION NO. 65 Relating to proposed Federal Aviation Administration regulations establishing crew member flight time limitations. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (4): Williams, Brice, James, G.Davis No recommendation (1): Sanders The following fiscal note applies: Zero fiscal note, Dept. of Transportation & Public Facilities, 4/9/96 1996-04-09 House Journal Page 3661 HJR 65 HJR 65 was referred to the Rules Committee for placement on the calendar. HB 452 The State Affairs Committee has considered: HOUSE BILL NO. 452 An Act relating to state foundation aid and supplementary state aid for education; and providing for an effective date. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (4): James, Ivan, Robinson, Willis Do not pass (1): Green Amend (1): Ogan The following fiscal note applies: Fiscal note, Dept. of Education, 1/26/96 HB 452 was referred to the Finance Committee. **The presence of Representatives Martin and Hanley was noted. ed. HB 518 The Transportation Committee has considered: HOUSE BILL NO. 518 An Act exempting certain persons engaged in selling or servicing certain vehicles from overtime wage requirements. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: 1996-04-09 House Journal Page 3662 HB 518 Do pass (1): G.Davis No recommendation (4): Williams, Brice, James, Sanders The following fiscal note applies: Zero fiscal note, Dept. of Labor, 4/9/96 HB 518 was referred to the Labor & Commerce Committee. **The presence of Representative Kubina was noted. HB 543 The Transportation Committee has considered: HOUSE BILL NO. 543 An Act establishing a preference when entering into state airport land leases. and recommends it be replaced with: CS FOR HOUSE BILL NO. 543(TRA) An Act establishing the procedures and conditions for lessees of state airport and air navigational facility land, including holdover lessees, to receive a new lease of the land; relating to the purposes for which a person, municipality, or the federal government may use or improve state airport or air navigational facilities under contract, lease, or other arrangement with the state; and relating to the ownership of leasehold improvements made under an airport or air navigational facility lease. The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (2): Williams, G.Davis No recommendation (3): Brice, James, Sanders 1996-04-09 House Journal Page 3663 HB 543 The following fiscal note applies to CSHB 543(TRA): Zero fiscal note, Dept. of Transportation & Public Facilities, 4/9/96 HB 543 was referred to the Finance Committee. SB 274 The Transportation Committee has considered: CS FOR SENATE BILL NO. 274(TRA) am An Act relating to the noise levels of airports and sport shooting facilities. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) (same title) The report was signed by Representative G.Davis, Chair, with the following individual recommendations: Do pass (2): James, G.Davis No recommendation (3): Williams, Sanders, Brice The following fiscal notes apply to HCS CSSB 274(TRA): Senate zero fiscal note, Dept. of Transportation & Public Facilities, 2/28/96 Senate zero fiscal note, Dept. of Law, 2/28/96 CSSB 274(TRA) am was referred to the Finance Committee. SB 308 The State Affairs Committee has considered: SENATE BILL NO. 308 An Act clarifying a statute relating to persons who may legally marry; relating to same-sex marriages; and providing for an effective date. 1996-04-09 House Journal Page 3664 SB 308 The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Green, Ivan, Willis, Ogan Do not pass (1): Robinson The following fiscal note applies: Senate zero fiscal note, Dept. of Law, 3/20/96 SB 308 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Prime Cable of Alaska By Representative Foster Honoring - Colony Knights Girls Volleyball Team By Representative Ogan Honoring - Junior Achievement of Alaska By Representatives Therriault, Phillips, 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, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey; Senators Donley, Ellis, Frank, Green, Halford, Hoffman, Kelly, Leman, Lincoln, Miller, Phillips, Rieger, Salo, Sharp, Taylor 1996-04-09 House Journal Page 3665 CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 339 The following, which was advanced to third reading from the April 4, 1996, calendar (page 3644), was read the third time: CS FOR HOUSE BILL NO. 339(JUD) An Act relating to children-in-need-of-aid proceedings; allowing termination of parental rights with respect to a child in need of aid as a result of parental conduct or parental incarceration if the conduct or incarceration is likely to continue to exist sufficiently long to seriously damage the parent and child relationship or to cause serious emotional or physical harm to the child; and providing for an effective date. Representative Brown moved and asked unanimous consent that CSHB 339(JUD) 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 Brown: Page 1, line 1 (title amendment): Delete "allowing termination of" Insert "relating to the termination of parental rights of incarcerated parents; and" Page 1, lines 2 - 5 (title amendment): Delete all material. Page 1, line 12, through page 3, line 3: Delete all material and insert: "* Sec. 2. AS47.10.080 is amended by adding a new subsection to read: (o) For purposes of terminating a parent's parental rights under the standards in (c)(3) of this section, the court may determine that incarceration of the parent is sufficient grounds for 1996-04-09 House Journal Page 3666 HB 339 determining that a minor is a child in need of aid under AS47.10.010(a)(2)(A) as a result of parental conduct and that the conduct is likely to continue if the court finds, based on clear and convincing evidence, that the (1) period of incarceration that the parent is scheduled to serve during the child's minority is significant considering the child's age and the child's need for an adult's care and supervision; and (2) parent has failed to make adequate provisions for care of the child during the period of incarceration that will be during the child's minority." Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 339(JUD) am An Act relating to children-in-need-of-aid proceedings; relating to the termination of parental rights of incarcerated parents; and providing for an effective date. The question being: Shall CSHB 339(JUD) am pass the House? The roll was taken with the following result: CSHB 339(JUD) am Third Reading Final Passage YEAS: 29 NAYS: 4 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Hanley, Ivan, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Nays: James, Kelly, Ogan, Vezey Excused: Foster, Grussendorf, Masek, Nicholia, Parnell 1996-04-09 House Journal Page 3667 HB 339 Absent: Moses, Navarre Kubina changed from "Nay" to "Yea". And so, CSHB 339(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 effective date clause. There being no objection, it was so ordered. Representative Kubina gave notice of reconsideration of his vote on CSHB 339(JUD) am. 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: Honoring - Gold Award Recipients, Girl Scout Troop 118 By Representatives Kelly, Therriault, Vezey, Brice, Bunde, Davies, B.Davis, Elton, Green, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis In Memoriam - Ralph Tex Yates By Representatives Mackie, Phillips, Davies, B.Davis, Elton, Foster, Ivan, Kott, Kubina, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Laura B. Wright By Senators Sharp, Adams, Miller, Lincoln, Frank; Representatives Kelly, Vezey, James, Therriault, Davies, B.Davis, Phillips, Brice, Bunde, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis **The presence of Representative Navarre was noted. 1996-04-09 House Journal Page 3668 UNFINISHED BUSINESS SB 181 Representative Toohey added her name as cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 181(FIN) An Act relating to tourist oriented directional signs that are 90 inches in width and 18 inches in height and to penalties for violations related to outdoor advertising. SB 211 Representative Robinson added her name as cross sponsor to: CS FOR SENATE BILL NO. 211(RLS) am An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. ENROLLMENT HJR 62 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 3:45 p.m., April 4, 1996: HOUSE JOINT RESOLUTION NO. 62 Requesting the federal government to purchase surplus 1995 Alaska canned pink salmon. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 5:00 p.m., 4/10 1996-04-09 House Journal Page 3669 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 10, 1996. There being no objection, the House adjourned at 11:57 a.m. Suzi Lowell Chief Clerk