Legislature(1995 - 1996)

1996-04-10 House Journal

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1996-04-10                     House Journal                      Page 3671
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            April 10, 1996         
                                                                               
                              Ninety-fourth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:41 a.m.                                                         
                                                                               
                                                                               
Roll call showed 34 members present.  Representative Nicholia had              
been previously excused from a call of the House today.                        
Representative Navarre was excused due to illness. Representatives             
Davies, Finkelstein, Kubina and Moses were absent and their presence           
was noted later.                                                               
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Wayne Coggins             
of the Cornerstone Family Ministries.  Representative Brice moved and          
asked unanimous consent that the invocation be spread on the journal.          
There being no objection, it appears below:                                    
                                                                               
Lord,                                                                         
                                                                               
Sometimes this thing called leadership isn't what it's cracked                
up to be.  Sometimes it's exhilarating when meaningful                         
projects are tackled and worked through to success.                            
                                                                               
Other times, it's fair to partly frustrating when our best laid               
plans go awry.                                                                 
                                                                               
Sometimes it's rewarding to make a difference in the lives of                 
others and to feel their gratitude.  Occasionally it gets a bit                
painful and lonely when decisions on gnarly issues bring                       
criticism from every side.                                                     
                                                                               

1996-04-10                     House Journal                      Page 3672
We're not complaining, Lord,...just asking for help and the                   
grace to lead well from someone who knows and understands                      
the fullest measure of the price of leadership.                                
                                                                               
Amen.                                                                         
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Williams.                   
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 93rd legislative day and House Journal Supplement No.          
13 be approved as certified by the Chief Clerk.  There being no                
objection, it was so ordered.                                                  
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated April 9, 1996, was read stating the Senate has passed          
the following, and it is transmitted for consideration:                        
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
SJR 40                                                                       
CS FOR SENATE JOINT RESOLUTION NO. 40(JUD) by the Senate                       
Judiciary Committee:                                                           
                                                                               
Relating to extension of the United States Forest Service timber              
sale contract with the Ketchikan Pulp Company.                                 
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 110                                                                       
The Finance Committee has considered:                                          
                                                                               

1996-04-10                     House Journal                      Page 3673
HB 110                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110                                     
An Act relating to the confidentiality of certain information in              
motor vehicle records; and providing for an effective date.                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
110(STA)                                                                       
(same title)                                                                  
                                                                               
                                                                               
The report was signed by Representative Foster, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (3):  Foster, Mulder, Kohring                                          
                                                                               
No recommendation (4):  Navarre, Brown, Kelly, Therriault                      
                                                                               
                                                                               
The following fiscal note applies to CSSSHB 110(STA):                          
                                                                               
Fiscal note, Dept. of Public Safety, 3/18/96                                   
                                                                               
SSHB 110 was referred to the Rules Committee for placement on the              
calendar.                                                                      
                                                                               
                                                                               
HB 344                                                                       
The Resources Committee has considered:                                        
                                                                               
HOUSE BILL NO. 344                                                            
An Act authorizing the commissioner of the Department of                      
Natural Resources to negotiate and enter into timber sale contracts            
that provide for local manufacture of high value-added wood                    
products; and establishing an Alaska Forest Products Research and              
Marketing Program within the Department of Commerce and                        
Economic Development.                                                          
                                                                               
and recommends it be replaced with:                                            
                                                                               

1996-04-10                     House Journal                      Page 3674
HB 344                                                                       
CS FOR HOUSE BILL NO. 344(RES)                                                
An Act authorizing the commissioner of natural resources to                   
negotiate and enter into timber sale contracts that provide for local          
manufacture of high value-added wood products.                                 
                                                                               
The report was signed by Representative Williams, Co-chair, with the           
following individual recommendations:                                          
                                                                               
Do pass (7):  Davies, Long, Williams, Green, Ogan, Austerman, Kott             
                                                                               
The following fiscal note applies to CSHB 344(RES):                            
                                                                               
Fiscal note, Dept. of Natural Resources, 4/10/96                               
                                                                               
HB 344 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 493                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 493                                                            
An Act relating to involuntary commitment for alcoholism or                   
drug abuse.                                                                    
                                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO.  493(JUD)                                               
An Act relating to treatment for alcoholism or drug abuse.                    
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (3):  Foster, Mulder, Martin                                           
                                                                               
Do not pass (1):  Brown                                                        
                                                                               
No recommendation (4):  Hanley, Kohring, Kelly, Therriault                     
                                                                               
The following fiscal notes apply to CSHB 493(JUD):                             

1996-04-10                     House Journal                      Page 3675
HB 493                                                                       
Zero fiscal note, Dept. of Law, 4/10/96                                        
Indeterminate fiscal notes (2):  Dept. of Administration, 3/19/96              
Fiscal note, Alaska Court System, 3/19/96                                      
Fiscal note, Dept. of Health & Social Services, 3/19/96                        
Zero fiscal note, Dept. of Public Safety, 3/19/96                              
                                                                               
HB 493 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
**The presence of Representatives Finkelstein and Davies was not          s no 
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Soroptimist International of Anchorage, 50th Anniversary            
By Representative Porter                                                       
                                                                               
Honoring - George and Peggy Brown for the Lucky Wishbone 40th                  
Anniversary                                                                    
By Representative Porter                                                       
                                                                               
Honoring - West Valley High School Academic Decathlon Team                     
By Representative James                                                        
                                                                               
Honoring - Walter James JR Wilcox, II                                          
By Representative James                                                        
                                                                               
Honoring - Melinda Wilcox                                                      
By Representative James                                                        
                                                                               
Honoring - Rick Mackey                                                         
By Senator Lincoln; Representative Nicholia                                    
                                                                               
                                                                               
**The presence of Representative Kubina was noted.                             

1996-04-10                     House Journal                      Page 3676
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 550                                                                       
HOUSE BILL NO. 550 by the House Labor & Commerce Committee                     
by request, entitled:                                                          
                                                                               
An Act relating to investments by fiduciaries; and providing for              
an effective date.                                                             
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
HB 551                                                                       
HOUSE BILL NO. 551 by the House Finance Committee, entitled:                   
                                                                               
An Act relating to the lapse of unexpended balances of one-year               
appropriations; and providing for an effective date.                           
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 432                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 432                                                            
An Act relating to the practice of veterinary medicine.                       
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  1DP 5NR                                                 2772         
	ZERO FISCAL NOTE (ADM)                                           2772         
	L&C RPT  3DP 3NR                                                 3362         
	4 ZERO FNS (DCED, DPS, COR, LAW)                                 3362         
                                                                               

1996-04-10                     House Journal                      Page 3677
HB 432                                                                       
Representative Vezey moved and asked unanimous consent that                    
HB432 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
**The presence of Representative Moses was noted.                              
                                                                               
HB 432 was read the third time.                                                
                                                                               
The question being:  Shall HB 432 pass the House?  The roll was                
taken with the following result:                                               
                                                                               
HB 432                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James,        
Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses,              
Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,          
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Excused:  Navarre, Nicholia                                                    
                                                                               
Absent:  Ivan                                                                  
                                                                               
And so, HB 432 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
HB 293                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 293                                                            
An Act relating to the use of force in defense of persons or                  
property.                                                                      
                                                                               
with the:                                                 Journal Page         
                                                                               
JUD RPT  CS(JUD) 2DP 1DNP 3NR                                    2719         
	ZERO FISCAL NOTE (DPS)                                           2719         

1996-04-10                     House Journal                      Page 3678
HB 293                                                                       
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. 293(JUD)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB293(JUD) be considered engrossed, advanced to third reading                
and placed on final passage.                                                   
                                                                               
                                                                               
Representative Mackie objected.                                                
                                                                               
                                                                               
The question being:  Shall CSHB 293(JUD) be advanced to third                  
reading on the same day?  The roll was taken with the following                
result:                                                                        
                                                                               
CSHB 293(JUD)                                                                  
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  26   NAYS:  12   EXCUSED:  2   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, Robinson, Willis                                         
                                                                               
Excused:  Navarre, Nicholia                                                    
                                                                               
                                                                               
And so, lacking the necessary 30 votes, CSHB 293(JUD) failed to                
advance and will be in third reading on the April 12, 1996, calendar.          
                                                                               

1996-04-10                     House Journal                      Page 3679
HB 533                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 533                                                            
An Act relating to the board of directors of the Alaska Aerospace             
Development Corporation.                                                       
                                                                               
with the:                                                 Journal Page         
                                                                               
L&C RPT  CS(L&C) 6DP 1NR                                         3306         
	ZERO FISCAL NOTE (DCED)                                          3306         
                                                                               
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. 533(L&C)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB533(L&C) be considered engrossed, advanced to third reading                
and placed on final passage.                                                   
                                                                               
Representative Mackie objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
CSHB 533(L&C) was read the third time.                                         
                                                                               
Representative Austerman rose to a point of order.                             
                                                                               
The Speaker cautioned the member to confine debate to the bill.                
                                                                               
                                                                               
The question being:  Shall CSHB 533(L&C) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 533(L&C)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                              

1996-04-10                     House Journal                      Page 3680
HB 533                                                                       
                                                                               
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, Masek, Moses,               
Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,          
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Nays:  Martin                                                                  
                                                                               
Excused:  Navarre, Nicholia                                                    
                                                                               
And so, CSHB 533(L&C) passed the House.                                        
                                                                               
Representative Mackie gave notice of reconsideration of his vote on            
CSHB 533(L&C).                                                                 
                                                                               
                                                                               
                            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 - Prime Cable of Alaska                                               
By Representatives Foster, Brice, B.Davis, G.Davis, Ivan, James,               
Kohring, Kott, Long, Mackie, Mulder, Navarre, Robinson,  Rokeberg,             
Vezey, Williams, Willis                                                        
                                                                               
Honoring - Colony Knights Girls Volleyball Team                                
By Representatives Ogan, Brice, B.Davis, Elton, Ivan, James, Kohring,          
Kott, Kubina, Long, Mackie, Mulder, Navarre, Robinson, Rokeberg,               
Toohey, Williams, Willis                                                       
                                                                               
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, Williams, Willis; Senators Donley, Ellis, Frank, Green, Halford,        
Hoffman, Kelly, Leman, Lincoln, Miller, Phillips, Rieger, Salo, Sharp,         
Taylor                                                                         

1996-04-10                     House Journal                      Page 3681
                             UNFINISHED BUSINESS                             
                                                                               
HB 226                                                                       
Representative Vezey moved and asked unanimous consent that the                
House consider the Senate message (page 3645) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 226(FIN) am                                             
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.                                                                     
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 226(JUD)                                  
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved that the House concur in the Senate                 
amendment to CSHB 226(FIN) am, thus adopting SCS CSHB
226(JUD).                                                                      
                                                                               
                                                                               
The question being:  Shall the House concur in the Senate amendment            
to CSHB 226(FIN) am?  The roll was taken with the following result:            
                                                                               
SCS CSHB 226(JUD)                                                              
Concur                                                                         
                                                                               
YEAS:  26   NAYS:  11   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James,             
Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder,              
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey,         
Williams                                                                       
                                                                               
Nays:  Austerman, Brown, Davies, B.Davis, Elton, Finkelstein,                  
Grussendorf, Kubina, Robinson, Toohey, Willis                                  
                                                                               

1996-04-10                     House Journal                      Page 3682
HB 226                                                                       
Excused:  Navarre, Nicholia                                                    
                                                                               
Absent:  Brice                                                                 
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 226(JUD).                                                             
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 226(JUD) was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
SB 165                                                                       
The Speaker added referrals to the House Special Committee on                  
Economic Development and the Labor & Commerce Committee to                     
follow the Health, Education & Social Services  Committee referral for         
the following:                                                                 
                                                                               
CS FOR SENATE BILL NO. 165(L&C)                                               
An Act relating to psychologists and psychological associates.                
                                                                               
CSSB 165(L&C) is in the Health, Education & Social Services                    
Committee.                                                                     
                                                                               
                                                                               
HB 216                                                                       
Representative B.Davis added her 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.                                           
                                                                               
HB 386                                                                       
Representative Davies added his name as cosponsor to:                          
                                                                               
CS FOR HOUSE BILL NO. 386(JUD)                                                
An Act relating to cruelty to animals and to the power of first               
and second class boroughs to prohibit cruelty to animals.                      
                                                                               
HB 499                                                                       
Representative Masek added her name as cosponsor to:                           

1996-04-10                     House Journal                      Page 3683
HB 499                                                                       
HOUSE BILL NO. 499                                                            
An Act relating to contributions from permanent fund dividends                
for the Alaska children's trust fund; and providing for an effective           
date.                                                                          
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 339                                                                       
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. 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.                                               
                                                                               
HB 432                                                                       
HB 432 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       5:00 p.m., 4/10         
                                                                               
Minority Caucus                                       10:00 a.m., 4/11         
                                                                               
Financial Disclosures                                                          
due to APOC                                                       4/15         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 9:30 a.m., April 12, 1996.  There being no                 
objection, the House adjourned at 11:26 a.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk