Legislature(1995 - 1996)
1996-04-18 House Journal
Full Journal pdf1996-04-18 House Journal Page 3831 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 18, 1996 One Hundred Second Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:18 a.m. Roll call showed 33 members present. Representatives Kelly and Mackie had been previously excused from a call of the House today. Representative B.Davis was excused due to illness. Representatives Finkelstein, Hanley, Kubina and Navarre 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 Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: God of Grace and Power, Forgive our foolish ways. Too often we think that we hold power and might in our hands, and that we would be able to control all situations if we just had more time or money or strength. But about the time we are running the last mile of the day our feet slip out from under us and while lying flat on our backs we look up and notice we are not alone in this struggle. Remind us that it is only when we move through this world slowly enough to notice those on the road with us that we truly gain our strength and power. Give us the grace to walk that road with one another. Amen. The Pledge of Allegiance was led by Representative Ivan. 1996-04-18 House Journal Page 3832 CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 101st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HJR 54 A message dated April 17, 1996, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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. Legislative Resolve No. 46 HB 179 A message dated April 17, 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: CS FOR HOUSE BILL NO. 179(FSH) An Act relating to the commissioner of education and the commissioner of fish and game; and providing for an effective date. Chapter No. 14, SLA 1996 Effective Date: April 18, 1996 1996-04-18 House Journal Page 3833 SB 178 A message dated April 17, 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 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. Chapter No. 15, SLA 1996 Effective Date: July 16, 1996 MESSAGES FROM THE SENATE HB 311 A message dated April 17, 1996, was read stating the Senate has passed CSHB 311(JUD) with the following amendment: Page 1, line 2, after "mine": Insert "; and providing for an effective date" Page 1, following line 3: Insert a new bill section to read: "* Section 1. FINDINGS AND INTENT. The legislature finds that (1) mining is an important industry in this state and has created many jobs and economic opportunities for the state; (2) it is in the state's best interest to encourage mining development, consistent with good management practices to protect the health and safety of workers; (3) providing an extension of allowable working hours for miners could encourage the development of mining that might not otherwise be economically viable; and (4) the development of mining through the provisions of this Act should provide more job opportunities for Alaskans, especially in the area where the mine is located. 1996-04-18 House Journal Page 3834 HB 311 (b) It is the intent of this Act to encourage the development of mines in the state and to encourage the mining industry to train and hire qualified state residents for these expanded opportunities to the maximum extent possible." Page 2, line 6: Delete "(d)" Insert "(d) - (f)" Page 2, line 18, following the period: Insert "The department may issue orders and adopt regulations as necessary to carry out the purposes of this section." Page 2, following line 28: Insert new subsections to read: "(e) If an employer intends to employ a miner for more than eight hours in 24 hours under (a) of this section, the employer shall notify the department. (f) The department may revoke a variance granted under (d) of this section or reduce the 10-hour limitation on hours of work set in (a) of this section to eight hours if the department finds that (1) a significant violation of state or federal law has occurred at the mine relating to health and safety; (2) the employer has not abated the hazard causing the violation after receiving notice from the commissioner and an opportunity to cure the problem; (3) the reduction of hours of work is necessary to protect the health and safety of the miners; and (4) the reduction of hours of work is in the best interest of the resident workers of the state. (g) An employer that has abated a hazard that was the cause of a violation described in (f)(1) of this section may notify the department of the abatement. The department shall reinstate the variance or remove the reduction of hours, as appropriate, within 30 days after receiving the notice from the employer if the department finds that the hazard has been abated." Following sec. 2 of CSHB 311(JUD) am S, insert a new bill section to read: 1996-04-18 House Journal Page 3835 HB 311 "* Sec. 3. The provisions of this Act are severable under AS 01.10.030." Page 3, following line 20: Insert a new bill section to read: "* Sec. 4. This Act takes effect immediately under AS01.10.070(c)." And so, the following with a technical title change is transmitted for consideration: CS FOR HOUSE BILL NO. 311(JUD) am S An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine; and providing for an effective date. CSHB 311(JUD) is under Unfinished Business. SJR 40 A message dated April 17, 1996, was read stating the Senate has concurred in the House amendment to CSSJR 40(JUD), thus adopting: 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. REPORTS OF STANDING COMMITTEES HB 331 The Resources Committee has considered: HOUSE BILL NO. 331 An Act relating to mining. and recommends it be replaced with: CS FOR HOUSE BILL NO. 331(RES) An Act relating to mining; and providing for an effective date. 1996-04-18 House Journal Page 3836 HB 331 The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (3): Kott, Williams, Ogan No recommendation (2): Austerman, Green Amend (1): Davies, Nicholia The following fiscal note applies to CSHB 331(RES): Zero fiscal note, Dept. of Natural Resources, 4/18/96 HB 331 was referred to the Finance Committee. HB 414 The Judiciary Committee has considered: HOUSE BILL NO. 414 An Act requiring conciliation panel review in a civil action against an architect, engineer, or land surveyor; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 414(JUD) An Act requiring mediation in a civil action against an architect, engineer, or land surveyor; amending Rule 100, Alaska Rules of Civil Procedure; and providing for an effective date. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Bunde, Toohey No recommendation (1): Vezey Amend (1): Finkelstein 1996-04-18 House Journal Page 3837 HB 414 The following fiscal note applies to CSHB 414(JUD): Zero fiscal note, Dept. of Commerce & Economic Development, 3/8/96 HB 414 was referred to the Rules Committee for placement on the calendar. HB 483 The Labor & Commerce Committee has considered: HOUSE BILL NO. 483 An Act relating to the calculation of unemployment insurance benefits; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 483(L&C) An Act relating to employer and employee contribution rates for unemployment insurance and to the calculation of unemployment insurance benefits; and providing for an effective date. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (3): Kubina, Kott, Sanders No recommendation (4): Rokeberg, Elton, Porter, Masek The following fiscal note applies to CSHB 483(L&C): Fiscal note, Dept. of Labor/All Departments, 4/18/96 HB 483 was referred to the State Affairs Committee. 1996-04-18 House Journal Page 3838 HB 485 The State Affairs Committee has considered: HOUSE BILL NO. 485 An Act relating to interference with the distribution or reading of free newspapers or other free periodicals. The report was signed by Representative James, Chair, with the following individual recommendations: No recommendation (2): James, Ivan Amend (5): Porter, Green, Robinson, Willis, Ogan The following fiscal note applies: Zero fiscal note, Dept. of Public Safety, 4/18/96 HB 485 was referred to the Judiciary Committee. HB 529 The Finance Committee has considered: HOUSE BILL NO. 529 An Act giving notice of and approving the entry into, and the issuance of certificates of participation in, a lease-purchase agreement for a centralized public health laboratory. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Foster, Hanley, Mulder, Martin, Parnell Do not pass (2): Therriault, Kelly No recommendation (4): Kohring, Grussendorf, Navarre, Brown 1996-04-18 House Journal Page 3839 HB 529 The following fiscal notes apply: Fiscal note, Dept. of Health & Social Services, 3/29/96 Fiscal note, Dept. of Revenue, 3/29/96 Fiscal note, Dept. of Administration, 3/29/96 HB 529 was referred to the Rules Committee for placement on the calendar. HB 543 The Finance 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(FIN) An Act relating to state airports and air navigational facilities. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Foster, Hanley, Mulder, Parnell, Therriault, Martin No recommendation (1): Kohring Amend (2): Brown, Navarre The following fiscal note applies to CSHB 543(FIN): Zero fiscal note, Dept. of Transportation & Public Facilities, 4/9/96 HB 543 was referred to the Rules Committee for placement on the calendar. 1996-04-18 House Journal Page 3840 SB 86 The Finance Committee has considered: CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates. and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (5): Foster, Martin, Kohring, Mulder, Kelly No recommendation (2): Grussendorf, Hanley The following fiscal note applies to HCS CSSB 86(FIN): Senate fiscal note, Dept. of Public Safety, 3/14/96 CSSB 86(FIN) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Finkelstein was noted. SB 232 The Finance Committee has considered: CS FOR SENATE BILL NO. 232(FIN) An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals. and recommends it be replaced with: 1996-04-18 House Journal Page 3841 SB 232 HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Foster, Hanley, Mulder, Martin, Therriault, Kelly Do not pass (1): Brown No recommendation (1): Kohring Amend (3): Parnell, Grussendorf, Navarre The following fiscal notes apply to HCS CSSB 232(FIN): Senate fiscal notes (2), Dept. of Revenue, 3/8/96 Senate fiscal note, Dept. of Corrections, 3/8/96 Senate fiscal note, Dept. of Public Safety, 3/8/96 Senate Indeterminate fiscal notes (2), Dept. of Public Safety, 3/8/96 Senate zero fiscal note, Dept. of Law, 3/8/96 CSSB 232(FIN) was referred to the Rules Committee for placement on the calendar. SB 250 The Finance Committee has considered: CS FOR SENATE BILL NO. 250(FIN) am An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management and the development of its resources; and 1996-04-18 House Journal Page 3842 SB 250 defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Mulder, Martin, Kelly, Therriault Do not pass (2): Navarre, Brown No recommendation (2): Foster, Hanley The following fiscal notes apply to HCS CSSB 250(FIN): Senate fiscal note, University of Alaska, 2/15/96 Senate fiscal note, Dept. of Natural Resources, 2/15/96 Senate fiscal note, Dept. of Revenue, 2/15/96 Senate fiscal note, Dept. of Fish & Game, 2/15/96 CSSB 250(FIN) am 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 - Nikiski High School Men's Basketball Team, 1996 State Basketball Champions By Representatives Navarre, Green, Phillips, G.Davis; Senators Salo, Torgerson 1996-04-18 House Journal Page 3843 Honoring - Nikiski Women's Basketball Team, 1996 State Basketball Champions By Representatives Navarre, Green, G.Davis, Phillips; Senators Salo, Torgerson Honoring - Julie Seaman, Girl Scout Gold Award By Representatives Navarre, G.Davis, Phillips; Senator Salo Honoring - Peter O. Hansen, M.D., 1995 Kenai Chamber of Commerce, Log Cabin Award By Representatives Navarre, Phillips, G.Davis; Senator Salo Honoring - Leslie and Dorothy Fetrow on their 50th Wedding Anniversary By Senators Halford, Phillips; Representative Willis Honoring - Henrietta M. Nugen on her Retirement By Senators Halford, Green; Representatives Kohring, Ogan Honoring - Trajan Shaka Langdon Senator Donley In Memoriam - Eileen Elsie Ewan Senator Lincoln; Representative Nicholia In Memoriam - Ronald E. Sam By Senator Lincoln; Representative Nicholia INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 35 HOUSE CONCURRENT RESOLUTION NO. 35 by the House Rules Committee by request: Relating to support for the Alaska Community College system within the University of Alaska. was read the first time and referred to the Labor & Commerce Committee. 1996-04-18 House Journal Page 3844 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 493 The following was read the second time: HOUSE BILL NO. 493 An Act relating to involuntary commitment for alcoholism or drug abuse. with the: Journal Page JUD RPT CS(JUD) NT 3DP 1DNP 3NR 3196 2 FISCAL NOTES (COURT, DHSS) 3197 2 INDETERMINATE FNS (ADM) 3197 ZERO FISCAL NOTE (DPS) 3197 FIN RPT CS(JUD) NT 3DP 1DNP 4NR 3674 ZERO FISCAL NOTE (LAW) 3675 2 FISCAL NOTES (COURT, DHSS) 3/19/96 3675 2 INDETERMINATE FNS (ADM) 3/19/96 3675 ZERO FISCAL NOTE (DPS) 3/19/96 3675 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. 493(JUD) An Act relating to treatment for alcoholism or drug abuse. There being no objection, it was so ordered. **The presence of Representative Navarre was noted. Amendment No. 1 was offered by Representatives Williams and Ivan: Page 7, following line 7: Insert a new bill section to read: 1996-04-18 House Journal Page 3845 HB 493 "* Sec. 13. AS47.37 is amended by adding a new section to read: Sec. 47.37.235. LIMITATIONS ON LIABILITY; BAD FAITH APPLICATION A FELONY. (a) Except as provided under (b) of this section, a person acting in good faith upon either actual knowledge or reliable information who takes a person into protective custody or detains a person under AS47.37.170- 47.37.180, or who petitions for commitment under AS47.37.180- 47.37.205, is not subject to civil or criminal liability. (b) The following persons may not be held civilly or criminally liable for detaining a person under AS47.37.170- 47.37.270 or for releasing a person under AS47.37.170- 47.37.270 at or before the end of the period for which the person was admitted or committed for protective custody or treatment if the persons have performed their duties in good faith and without gross negligence: (1) an officer of an approved public or private treatment facility; (2) the administrator of an approved public or private treatment facility, and the staff of an approved public or private treatment facility; (3) a public official performing functions necessary to the administration of AS47.37.170- 47.37.270; (4) a peace officer or other person responsible for detaining or transporting a person under AS47.37.170 - 47.37.270. (c) A person who wilfully initiates an involuntary commitment petition under AS47.37.180- 47.37.205 without having good cause to believe that the other person is an alcoholic or drug abuser and is incapacitated or at risk of serious physical harm or illness if not treated is guilty of a class C felony." Representative Williams moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Incorrect Amendment No. 2 was adopted and action was later rescinded. Amendment No. 3 was offered by Representatives Brown and Ivan: 1996-04-18 House Journal Page 3846 HB 493 Page 3, lines 8 - 12: Delete "is (1) incapacitated by alcohol or drugs; ªHAS THREATENED, ATTEMPTED TO INFLICT, OR INFLICTED PHYSICAL HARM ON ANOTHER OR IS LIKELY TO INFLICT PHYSICAL HARM ON ANOTHER UNLESS COMMITTED,ß or (2) at risk of serious physical harm or illness unless committed ªIS INCAPACITATED BY ALCOHOLß," Insert "(1) has threatened, attempted to inflict, or inflicted physical harm on another or is likely to inflict physical harm on another unless committed, or (2) is incapacitated by alcohol or drugs," Page 3, lines 23 - 26: Delete "PERSON (1) HAS THREATENED, ATTEMPTED TO INFLICT, OR INFLICTED PHYSICAL HARM ON ANOTHER AND THAT UNLESS COMMITTED IS LIKELY TO INFLICT PHYSICAL HARM ON ANOTHER; OR (2)ß is incapacitated by alcohol or drugs, or who, if not treated, will be at risk of serious physical harm or illness" Insert "PERSONß (1) has threatened, attempted to inflict, or inflicted physical harm on another and that unless committed is likely to inflict physical harm on another; or (2) is incapacitated by alcohol or drugs" Representative Ivan moved and asked unanimous consent Amendment No. 3 be adopted. There being no objection, it was so ordered. **The presence of Representatives Hanley and Kubina was noted. Adoption of Amendment No. 2 was rescinded. Correct Amendment No. 2 was offered by Representatives Williams and Ivan: Page 7, following line 2: Insert a new bill section to read: "* Sec. 12. AS47.37 is amended by adding a new section to read: 1996-04-18 House Journal Page 3847 HB 493 Sec. 47.37.207. UNAUTHORIZED ABSENCES: RETURN TO FACILITY. When a person committed under AS47.37.190- 47.37.205 is absent from a treatment facility without authorization, the administrator, or that person's designee, may contact peace officers who shall take the person into custody and return the respondent to the treatment facility." Renumber the following bill sections accordingly. Representative Williams moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. Representative Vezey moved and asked unanimous consent that CSHB493(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 493(JUD) am was read the third time. The question being: Shall CSHB 493(JUD) am pass the House? The roll was taken with the following result: CSHB 493(JUD) am Third Reading Final Passage YEAS: 24 NAYS: 9 EXCUSED: 3 ABSENT: 4 Yeas: Barnes, Brice, Bunde, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Long, Martin, Mulder, Nicholia, Phillips, Porter, Robinson, Rokeberg, Sanders, Williams, Willis Nays: Brown, Davies, Kohring, Masek, Navarre, Ogan, Parnell, Toohey, Vezey Excused: B.Davis, Kelly, Mackie 1996-04-18 House Journal Page 3848 HB 493 Absent: Austerman, Foster, Moses, Therriault And so, CSHB 493(JUD) am passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB 493(JUD) am. HB 393 The following was read the second time: HOUSE BILL NO. 393 An Act relating to managed care for recipients of medical assistance; and providing for an effective date. with the: Journal Page HES RPT CS(HES) 2DP 1DNP 2NR 1AM 3392 ZERO FISCAL NOTE (DHSS) 3392 STA REFERRAL WAIVED 3629 FIN RPT CS(FIN) 7DP 3NR 3737 ZERO FISCAL NOTE (DHSS) 3/27/96 3737 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. 393(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB393(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 393(FIN) was read the third time. The question being: Shall CSHB 393(FIN) pass the House? The roll was taken with the following result: 1996-04-18 House Journal Page 3849 HB 393 CSHB 393(FIN) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 3 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kohring, Kott, Kubina, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Nays: Barnes, Toohey Excused: B.Davis, Kelly, Mackie Absent: James And so, CSHB 393(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Therriault gave notice of reconsideration of his vote on CSHB 393(FIN) HB 515 The following was read the second time: 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. with the: Journal Page HES RPT 5DP 1NR 3026 ZERO FISCAL NOTE (DHSS) 3026 JUD REFERRAL WAIVED 3098 FIN REFERRAL WAIVED 3803 1996-04-18 House Journal Page 3850 HB 515 Amendment No. 1 was offered by Representatives Brown and Williams: Page 1, line 1, through page 2, line 5 (title amendment): Delete all material and insert: ""An Act repealing a restriction on the use of youth residential services grants that prohibits use of the grants for capital assets; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 47.40.041(c)(2) is repealed." Renumber the following bill section accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: HOUSE BILL NO. 515 am An Act repealing a restriction on the use of youth residential services grants that prohibits use of the grants for capital assets; and providing for an effective date. Representative Vezey moved and asked unanimous consent that HB515 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 515 am was read the third time. The question being: Shall HB 515 am pass the House? The roll was taken with the following result: HB 515 am Third Reading Final Passage YEAS: 27 NAYS: 5 EXCUSED: 3 ABSENT: 5 1996-04-18 House Journal Page 3851 HB 515 Yeas: Brice, Brown, Bunde, Davies, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, Kohring, Kott, Kubina, Long, Martin, Masek, Mulder, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis Nays: Austerman, Hanley, Ogan, Therriault, Vezey Excused: B.Davis, Kelly, Mackie Absent: Barnes, Finkelstein, James, Moses, Navarre And so, HB 515 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. HB 515 am was referred to the Chief Clerk for engrossment. HB 456 The following was read the second time: HOUSE BILL NO. 456 An Act relating to the Board of Storage Tank Assistance; and providing for an effective date. with the: Journal Page L&C RPT CS(L&C) 4DP 2NR 2830 ZERO FISCAL NOTE (DEC) 2831 FIN RPT CS(L&C) 7DP 1DNP 3NR 3740 ZERO FISCAL NOTE (DEC) 2/21/96 3740 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. 456(L&C) (same title) There being no objection, it was so ordered. 1996-04-18 House Journal Page 3852 HB 456 Representative Vezey moved and asked unanimous consent that CSHB456(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 456(L&C) was read the third time. **The presence of Representative Kelly who had been previously excused was noted. The question being: Shall CSHB 456(L&C) pass the House? The roll was taken with the following result: CSHB 456(L&C) Third Reading Final Passage YEAS: 23 NAYS: 14 EXCUSED: 2 ABSENT: 1 Yeas: Bunde, G.Davis, Elton, Green, Hanley, Ivan, Kelly, Kohring, Kott, Kubina, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Williams, Willis Nays: Austerman, Barnes, Brice, Brown, Davies, Finkelstein, Grussendorf, James, Long, Martin, Ogan, Robinson, Toohey, Vezey Excused: B.Davis, Mackie Absent: Foster And so, CSHB 456(L&C) passed the House. Representative Vezey moved the effective date clause. The question being: Shall the effective date clause be adopted? The roll was taken with the following result: CSHB 456(L&C) Third Reading Effective Date YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 1996-04-18 House Journal Page 3853 HB 456 Yeas: Austerman, Barnes, Brice, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Williams, Willis Nays: Brown, Martin, Toohey, Vezey Excused: B.Davis, Mackie And so, the effective date clause was adopted. Representative Kubina gave notice of reconsideration of his vote on CSHB 456(L&C). SECOND READING OF SENATE BILLS SB 240 The following was read the second time: SENATE BILL NO. 240 An Act relating to the statewide bonding pool for the reclamation activities imposed on mining operations, and extending the pool's use to surface coal mining projects. with the: Journal Page RES RPT 3DP 4NR 3307 SENATE ZERO FN (DNR) 2/7/96 3307 Representative Vezey moved and asked unanimous consent that SB240 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 240 was read the third time. The question being: Shall SB 240 pass the House? The roll was taken with the following result: 1996-04-18 House Journal Page 3854 SB 240 SB 240 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Martin, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Mackie Absent: Mulder, Navarre And so, SB 240 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 241 The following was read the second time: SENATE BILL NO. 241 An Act relating to the use of studded tires on the Sterling Highway. with the: Journal Page TRA RPT 4DP 2NR 3433 SENATE ZERO FISCAL NOTE (DPS) 2/14/96 3434 SENATE ZERO FISCAL NOTE (DOT) 3/8/96 3434 Representative Vezey moved and asked unanimous consent that SB241 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 241 was read the third time. The question being: Shall SB 241 pass the House? The roll was taken with the following result: 1996-04-18 House Journal Page 3855 SB 241 SB 241 Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 2 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Grussendorf, Kubina Excused: B.Davis, Mackie And so, SB 241 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 226 The following was read the second time: CS FOR SENATE BILL NO. 226(FIN) am An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; and providing for an effective date. with the: Journal Page FIN RPT HCS(FIN) NT 7DP 1NR 1AM 3744 ...TECH TITLE CHANGE 3744 FISCAL NOTE (DPS) 3745 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1996-04-18 House Journal Page 3856 SB 226 HOUSE CS FOR CS FOR SENATE BILL NO. 226(FIN) An Act relating to biennial registration of motor vehicles; imposing biennial registration fees on motor vehicles and setting the statutory amounts of a scheduled biennial municipal tax on motor vehicles; relating to motor vehicle emissions control programs; amending the effective date in sec. 7, Chair. 56, SLA 1995; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 3, line 13: Delete "$68" Insert "$70" Page 3, line 16: Delete "$78" Insert "$80" Page 3, line 17: Delete "$138" Insert "$140" Page 3, line 20: Delete "$168" Insert "$170" Page 4, line 6: Delete "$100" Insert "$102" Page 4, line 8: Delete "$170" Insert "$172" Page 4, line 10: Delete "$310" Insert "$312" 1996-04-18 House Journal Page 3857 SB 226 Page 4, line 11: Delete "$440" Insert "$442" Page 5, line 3: Delete "$68" Insert "$70" Page 5, line 17: Delete "$88" Insert "$90" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. Amendment to Amendment No. 1 was offered by Representative Martin: Reduce each insert by $5. Representative Martin moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. Objection was heard. Representative Martin moved and asked unanimous consent to withdraw the amendment Amendment No. 1. There being no objection, it was so ordered. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 226(FIN) Second Reading Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 1996-04-18 House Journal Page 3858 SB 226 Yeas: Brown, Davies, G.Davis, Elton, Finkelstein, Grussendorf, Ivan, Kott, Kubina, Long, Mulder, Navarre, Nicholia, Phillips, Robinson, Williams Nays: Austerman, Barnes, Brice, Bunde, Foster, Green, Hanley, James, Kelly, Kohring, Martin, Masek, Moses, Ogan, Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Excused: B.Davis, Mackie And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 3, line 21: Delete $40" Insert $38" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Representative Vezey moved and asked unanimous consent that HCSCSSB 226(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 226(FIN) am H was read the third time. The question being: Shall HCS CSSB 226(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 226(FIN) am H Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 1996-04-18 House Journal Page 3859 SB 226 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Mackie Absent: Kubina And so, HCS CSSB 226(FIN) am H 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 clauses. There being no objection, it was so ordered. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 226(FIN) am H. SECOND READING OF HOUSE RESOLUTIONS HCR 25 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 25 Declaring May 15, 1996, 381st Intelligence Squadron Logistics Division Day. with the: Journal Page MLV RPT 5DP 1NR 2773 ZERO FISCAL NOTE (GOV) 2773 STA RPT 4DP 1NR 2901 ZERO FISCAL NOTE (GOV) 2/15/96 2902 Amendment No. 1 was offered by Representative Kott: Page 2, line 5, after Force;: Insert Lieutenant General Lawrence Boese, U.S.A.F., Commander, 11th Air Force, Alaska Command, NORAD; 1996-04-18 House Journal Page 3860 HCR 25 Representative Kott moved and asked unanimous consent Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: Shall HCR 25 am pass the House? The roll was taken with the following result: HCR 25 am Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Mackie Absent: Kubina And so, HCR 25 am passed the House and was referred to the Chief Clerk for engrossment. RECONSIDERATION HB 110 Representative Barnes brought up reconsideration of the vote on CSSSHB110(STA) (page 3818). The following was again before the House in third reading: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) An Act relating to the confidentiality of certain information in motor vehicle records; and providing for an effective date. 1996-04-18 House Journal Page 3861 HB 110 Representative Barnes moved and asked unanimous consent that CSHB110(STA) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Barnes and Bunde: Page 1, line 2 (title amendment): Delete "; and providing for an effective date" Page 4, line 4: Delete all material. Representative Barnes moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 110(STA) am An Act relating to the confidentiality of certain information in motor vehicle records. Representative Barnes moved and asked unanimous consent that CSHB110(STA) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Barnes and Brown: Page 3, following line 5: Insert a new paragraph to read: "(9) for use in connection with a legitimate business operating under a contract with the department;" Renumber the following paragraphs accordingly. Representative Barnes moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. 1996-04-18 House Journal Page 3862 HB 110 The question to be reconsidered: Shall CSSSHB 110(STA) am pass the House? The roll was taken with the following result: CSSSHB 110(STA) am--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 6 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Williams, Willis Nays: Brown, James, Ogan, Therriault, Toohey, Vezey Excused: B.Davis, Mackie Absent: Kubina And so, CSSSHB 110(STA) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. HCR 26 Representative Navarre brought up reconsideration of the vote on CSHCR26(FIN) am (page 3825). The following was again before the House in second reading: CS FOR HOUSE CONCURRENT RESOLUTION NO. 26(FIN) am Relating to creation of the Public Inebriate Task Force. Amendment No. 2 was offered by Representative Ivan: Page 3, lines 17-18: Delete all material. Representative Ivan moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. 1996-04-18 House Journal Page 3863 HCR 26 Amendment No. 3 was offered by Representatives Navarre and Ivan: Page 2, line 26: Delete "12" Insert "13" Page 2, line 30: Delete "and" Page 2, line 31: Delete "10" Insert "seven" Page 3, lines 2 - 10: Delete all material and insert: "(A) one member of the Advisory Council on Alcohol and Drug Abuse; (B) two members nominated by the Alaska Municipal League; (C) one member of the Alaska Mental Health Trust; (D) one health care provider representing community hospital administrators; (E) one substance abuse treatment provider; (F) one member of the Alaska Native Health Board; and (4) four members appointed by the Governor as follows: (A) one member of the Department of Health and Social Services; (B) one member of the Department of Public Safety; (C) one member of the Department of Corrections; (D) one member of the Department of Law; and be it" Representative Navarre moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 3 was adopted. The question to be reconsidered: Shall CSHCR 26(FIN) am pass the House? The roll was taken with the following result: 1996-04-18 House Journal Page 3864 HCR 26 CSHCR 26(FIN) am--RECONSIDERATION Second Reading Final Passage YEAS: 34 NAYS: 3 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Nays: Masek, Ogan, Toohey Excused: B.Davis, Mackie Absent: Kubina And so, CSHCR 26(FIN) am passed the House on reconsideration 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: In Celebration of Matanuska Maid's 60th Anniversary By Representatives Ogan, Kohring, Masek, Phillips, Austerman, B.Davis, G.Davis, Elton, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis; Senator Green In Memoriam - Chester Chet Binkie By Representatives Grussendorf, Phillips, Brice, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Nicholia, Porter, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis 1996-04-18 House Journal Page 3865 UNFINISHED BUSINESS HB 311 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 3833) on the following at this time: CS FOR HOUSE BILL NO. 311(JUD) An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine. and the following with a technical title change: CS FOR HOUSE BILL NO. 311(JUD) am S An Act relating to the hours a person may be employed in a mine; and requiring that workers be paid for certain time worked in a mine; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 311(JUD), thus adopting CSHB 311(JUD) am S, and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 311(JUD)? The roll was taken with the following result: CSHB 311(JUD) am S Concur YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: B.Davis, Mackie Absent: Kubina 1996-04-18 House Journal Page 3866 HB 311 And so, the House concurred in the Senate amendment, thus adopting CSHB 311(JUD) am S. 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. The Chief Clerk was instructed to so notify the Senate. CSHB 311(JUD) am S was referred to the Chief Clerk for enrollment. Representative Vezey moved and asked unanimous consent that the the following members be excused from a call of the House. There being no objection, the members were excused as noted: Representative Green - from 12:30 p.m., April 19 to 9:16 p.m., plane time, April 21, 1996 Representative Sanders - from 12:17 p.m., April 19 to 9:30 a.m., plane time, April 22, 1996 Representative Navarre - from 6:30 a.m., April 19 to 10:00 p.m., plane time, April 21, 1996 SB 77 Representative Therriault moved and asked unanimous consent to add a do pass recommendation on the Finance Committee report (page 3026) on the following: HOUSE CS FOR CS FOR SENATE BILL NO. 77(FIN) An Act relating to management of game populations, to the powers and duties of the commissioner of fish and game, and to the division of game. There being no objection, it was so ordered. HCS CSSB 77(FIN) has been transmitted to the Governor. 1996-04-18 House Journal Page 3867 SB 163 The following fiscal note was not adopted as indicated on the Finance Committee report (page 3814): Fiscal note, University of Alaska, 4/17/96 for: CS FOR SENATE BILL NO. 163(FIN)(title am) An Act approving the University of Alaska's plans to enter into long-term obligations with the Alaska Housing Finance Corporation to borrow money from the corporation for the construction of new student housing facilities on the Anchorage campus, and authorizing the Alaska Housing Finance Corporation to issue its debt obligations and to make loans to the University of Alaska to finance construction of those student housing facilities; and providing for an effective date. CSSB 163(FIN)(title am) is in the Rules Committee for placement on the calendar. SB 168 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: SENATE BILL NO. 168 An Act relating to financial institutions. SB 168 was removed from the Finance Committee and was referred to the Rules Committee for placement on the calendar. HB 515 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 515 am An Act repealing a restriction on the use of youth residential services grants that prohibits use of the grants for capital assets; and providing for an effective date. SB 289 Representative Therriault added his name as cross sponsor to: 1996-04-18 House Journal Page 3868 SB 289 CS FOR SENATE BILL NO. 289(FIN) am An Act relating to runaways, other minors, and their families or legal custodians; and amending Rule 7, Alaska Delinquency Rules. ENGROSSMENT HCR 25 HCR 25 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 26 CSHCR 26(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 110 CSSSHB 110(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 436 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. 436(TRA) An Act relating to purchase and sale of mobile homes by mobile home dealers; to mobile home titles; and providing for an effective date. HB 515 HB 515 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. The following meetings today have been changed as indicated: 1996-04-18 House Journal Page 3869 Resources Subcommittee 1:00 pm, 4/18 meeting CHANGED TO: 2:00 p.m., 4/18 Finance Committee 1:30 pm, 4/18 meeting CHANGED TO: 2:00 p.m., 4/18 Labor & Commerce Committee 3:00 pm, 4/17 meeting CONTINUED: 2:00 p.m., 4/18 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 19, 1996 There being no objection, the House adjourned at 1:40 p.m. Suzi Lowell Chief Clerk