Legislature(1995 - 1996)
1996-04-16 House Journal
Full Journal pdf1996-04-16 House Journal Page 3791 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 16, 1996 One Hundredth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:06 a.m. Roll call showed 31 members present. Representatives Barnes, Brice, Finkelstein, Hanley, Kott, Moses, Rokeberg, Therriault and Williams were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Kim Poole of the Douglas United Methodist Community Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Creator and giver of all good and precious life: Grant us this day clarity of mind and thought. Lend us your discernment and wisdom. Give us vision to see the needs of those we serve. And open our hearts to respond with compassion and mercy as we seek justice and peace in each situation before us for all people. Amen. The Pledge of Allegiance was led by Representative Sanders. 1996-04-16 House Journal Page 3792 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 99th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 335 A message dated April 15, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 335(RES)(title am) An Act extending the termination date of the Big Game Commercial Services Board; eliminating the requirement for a commercial use permit and for payment of commercial use permit fees; amending the membership of the Big Game Commercial Services Board; relating to the qualifications for an assistant guide- outfitter license; eliminating the requirement for testing of assistant guide-outfitters; providing for additional licensing requirements for transporters; eliminating the requirement for prior approval to enter or remain on state and federal land; eliminating the requirement to register base camps; amending the definition of `big game commercial services'; and providing for an effective date. with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 335(FIN) An Act relating to big game guides and transporters; and providing for an effective date. The new title is authorized by SCR 27. CSHB 335(RES)(title am) is under Unfinished Business. **The presence of Representative Williams was noted. Messages dated April 15, 1996, were read stating the Senate has passed the following, and they are transmitted for consideration: 1996-04-16 House Journal Page 3793 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 27 SENATE CONCURRENT RESOLUTION NO. 27 by the Senate Finance Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 335, relating to the Big Game Commercial Services Board and the occupations regulated by the board. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Rokeberg was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 186 CS FOR SENATE BILL NO. 186(L&C) by the Senate Labor & Commerce Committee, entitled: An Act relating to partnerships; and providing for an effective date. was read the first time and referred to the Labor & Commerce and Finance Committees. SB 256 SENATE BILL NO. 256 by Senator Adams by request, entitled: An Act relating to the offices of mayor and mayor pro tempore of a second class city. was read the first time and referred to the Community & Regional Affairs and State Affairs Committees. 1996-04-16 House Journal Page 3794 ND ß**The presence of Representatives Therriault, Brice, and Kott w noted. SB 280 CS FOR SENATE BILL NO. 280(FIN) am by the Senate Finance Committee, entitled: An Act relating to municipalities; the incorporation of certain boroughs in the unorganized borough; the formation of separate unorganized boroughs; and to taxation in the unorganized boroughs. was read the first time and referred to the State Affairs and Finance Committees. **The presence of Representative Barnes was noted. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Fish & Game Commercial Fisheries Management and Development Division Alaska Fisheries Enhancement Program 1995 Annual Report Aquatic Farming Activities 1995 Report #END **The presence of Representatives Finkelstein, Moses and Hanley nley noted. REPORTS OF STANDING COMMITTEES HJR 34 The State Affairs Committee has considered: 1996-04-16 House Journal Page 3795 HJR 34 HOUSE JOINT RESOLUTION NO. 34 Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (1): Ogan No recommendation (5): James, Porter, Ivan, Robinson, Willis The following fiscal notes apply: Fiscal note, Office of the Governor, 4/16/96 Fiscal note, Legislative Affairs Agency, 4/16/96 Zero fiscal note, Dept. of Law, 4/16/96 HJR 34 was referred to the Judiciary Committee. HJR 61 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 61 Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (6): James, Porter, Ivan, Robinson, Willis, Ogan The following fiscal note applies: Zero fiscal note, House Special Committee on Military & Veterans Affairs/Office of the Governor, 3/25/96 HJR 61 was referred to the Rules Committee for placement on the calendar. 1996-04-16 House Journal Page 3796 SB 162 The Finance Committee has considered: CS FOR SENATE BILL NO. 162(FIN) An Act relating to land used for agricultural purposes and to state land classified for agricultural purposes or subject to the restriction of use for agricultural purposes only; and annulling certain program regulations of the Department of Natural Resources that are inconsistent with the amendments made by this Act. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (7): Hanley, Mulder, Martin, Navarre, Kelly, Therriault, Kohring No recommendation (3): Grussendorf, Brown, Foster The following fiscal notes apply: Fiscal note, Dept. of Natural Resources, 4/16/96 Senate fiscal note, Dept. of Natural Resources, 2/14/96 CSSB 162(FIN) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Out North Theatre Company By Representative B.Davis Honoring - Floyd Family, Youth Baseball Family of the Year By Representatives Austerman, Mackie; Senator Zharoff In Memoriam - Stella Elliot By Representative Hanley 1996-04-16 House Journal Page 3797 CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 394 The following, which was advanced to third reading from the April 15, 1996, calendar (page 3758), was read the third time: CS FOR HOUSE BILL NO. 394(FIN) am An Act authorizing shallow natural gas leasing from sources within 3,000 feet of the surface; relating to regulation of natural gas exploration facilities for purposes of preparation of discharge prevention and contingency plans and compliance with financial responsibility requirements; addressing the relationship between shallow natural gas and other natural resources; and adding, in the exemption from obtaining a waste disposal permit for disposal of waste produced from drilling, a reference to shallow natural gas. Representative Davies moved and asked unanimous consent that CSHB394(FIN) am be returned to second reading for the specific purpose of considering an amendment. Objection was heard. Representative Davies moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Vezey rose to a point of order regarding debate not on the bill. The Speaker ruled that the point was well taken. The question being: Shall CSHB 394(FIN) am pass the House? The roll was taken with the following result: CSHB 394(FIN) am Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 1996-04-16 House Journal Page 3798 HB 394 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Finkelstein, Navarre And so, CSHB 394(FIN) am passed the House. Representative Navarre gave notice of reconsideration of his vote on CSHB 394(FIN) am. THIRD READING OF SENATE BILLS SB 308 The following, which had been held in third reading to today's calendar (page 3767), was again before the House: 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. The question being: Shall SB 308 pass the House? The roll was taken with the following result: SB 308 Third Reading Final Passage YEAS: 31 NAYS: 9 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Nays: Austerman, Brice, Brown, Davies, Elton, Finkelstein, Moses, Robinson, Toohey 1996-04-16 House Journal Page 3799 SB 308 And so, SB 308 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 Davies gave notice of reconsideration of his vote on SB308. RECONSIDERATION HB 354 Representative Mackie brought up reconsideration of the vote on CSHB 354(FIN) (page 3766). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 354(FIN) An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and the public employees' retirement system; and providing for an effective date. Title Amendment was offered by Representative Barnes: Page 1, line 2, after "and": Insert "under" Representative Barnes moved and asked unanimous consent that the title amendment be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, the title amendment was adopted and the new title appears below: CS FOR HOUSE BILL NO. 354(FIN)(title am) An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date. 1996-04-16 House Journal Page 3800 HB 354 The question to be reconsidered: Shall CSHB 354(FIN)(title am) pass the House? The roll was taken with the following result: CSHB 354(FIN)(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Barnes, Martin, Sanders, Vezey Absent: B.Davis, Robinson And so, CSHB 354(FIN)(title 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 354(FIN)(title am) was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE RESOLUTIONS SJR 40 The following, which was advanced to third reading from the April 15, 1996, calendar (page 3778), was read the third time: CS FOR SENATE JOINT RESOLUTION NO. 40(JUD) am H Relating to extension of the United States Forest Service timber sale contract with the Ketchikan Pulp Company. Representative Vezey placed a call of the House and lifted the call. 1996-04-16 House Journal Page 3801 SJR 40 The question being: Shall CSSJR 40(JUD) am H pass the House? The roll was taken with the following result: CSSJR 40(JUD) am H Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Davies, Elton, Finkelstein, Navarre Absent: Brown, B.Davis And so, CSSJR 40(JUD) am H passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Mt. Edgecumbe High School Girls Basketball Team, Region V Division 3A Champions By Representatives Grussendorf, Brown, B.Davis, G.Davis, Elton, Green, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Honoring - Tim Brady, Associated General Contractors of America, 1995 President of the Year By Representatives Vezey, Phillips, Austerman, Bunde, B.Davis, G.Davis, Elton, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis 1996-04-16 House Journal Page 3802 Honoring - Associated General Contractors of Alaska, AGC of America's 1995 Chapter of the Year By Representatives Vezey, Phillips, Austerman, Bunde, B.Davis, G.Davis, Elton, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis Commemorating - Kids Voting Day, April 20, 1996 By Senator Frank; Representatives Phillips, Austerman, Brice, Brown, Bunde, Davies, B.Davis, Elton, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis In Memoriam - Crystal Bigge By Representatives Vezey, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis In Memoriam - Eleanor Stolen Stroecker By Representatives Vezey, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis In Memoriam - Gary Szmyd By Representatives Vezey, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis In Memoriam - Cavelila Andrew By Representative Ivan, Phillips, B.Davis, Elton, Foster, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Hoffman In Memoriam - Patricia Gettinger By Representatives Vezey, Phillips, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis 1996-04-16 House Journal Page 3803 In Memoriam - Mary Lou Davis By Representatives Vezey, Phillips, Brice, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis UNFINISHED BUSINESS 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 Mackie - from 6:30 a.m., April 18 to 6:00 p.m., plane time, April 18, 1996; and, from 7:30 a.m., April 20 to 12:00 noon, plane time, April 21, 1996 HB 506 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 506 An Act relating to establishment of a fire fighting and safety training program by the University of Alaska. HB 506 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 515 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 515 An Act relating to grants for residential services for certain minors for whom the state has assumed responsibility; and providing for an effective date. HB 515 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 1996-04-16 House Journal Page 3804 HB 354 Representative Nicholia added her name as cosponsor to: CS FOR HOUSE BILL NO. 354(FIN)(title am) An Act relating to a retirement incentive program for certain employees of school districts under the teachers' retirement system and under the public employees' retirement system; and providing for an effective date. HB 384 Representative Willis added his name as cosponsor to: HOUSE BILL NO. 384 An Act relating to payment requirements for retention in the Pioneers' Home; and providing for an effective date. ENGROSSMENT HB 354 CSHB 354(FIN)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 401 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. 401(RES) An Act authorizing the issuance and sale of revenue bonds to fund public wastewater systems, nonpoint source water pollution control projects, including solid waste management systems, and estuary conservation and management projects; authorizing the use of the Alaska clean water fund to pay and secure the bonds and to pay costs related to issuance and administration of the bonds; authorizing certain measures to secure payment of the bonds; and amending Rule 3, Alaska Rules of Civil Procedure. SJR 40 CSSJR 40(JUD) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1996-04-16 House Journal Page 3805 ENROLLMENT HJR 54 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 9:40 a.m., April 16, 1996: SENATE CS FOR CS FOR HOUSE JOINT RESOLUTION NO. 54(RES) Encouraging the lessees of Alaska's vast North Slope natural gas reserves to reach agreement to market gas, expressing the legislature's support for an Alaska North Slope (ANS) gas transmission pipeline, and requesting the President of the United States and the Governor of the State of Alaska to publicly support and take action that will help expedite the construction of that system. ANNOUNCEMENTS House committee schedules are published daily under separate cover. The following meeting today has been changed as indicated: Finance Committee 1:30 p.m., 4/16 meeting CHANGED TO: 2:00 p.m., 4/16 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 17, 1996. There being no objection, the House adjourned at 1:35 p.m. Suzi Lowell Chief Clerk