Legislature(1995 - 1996)
1996-04-22 House Journal
Full Journal pdf1996-04-22 House Journal Page 3907 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 22, 1996 One Hundred Sixth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 11:10 a.m. Roll call showed 36 members present. Representative Masek was excused due to illness. Representatives Finkelstein, Hanley and Moses were absent and their presence was noted later. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran 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 power, patience and understanding, We give thanks for this diverse gathering of representatives whose purpose is to serve the needs of our state and all its people. May dialogue and a common love for our state result in decisions that best serve our people. In a time when there is such a lack of quality role models in our society, help us to be a resource of leaders who use our great power in ways that seek to create safety in the lives of our people. May integrity and honesty build bridges that affirm both the powerful and powerless for their equal importance in Your eyes. In the chaotic reality of business yet to be done, free us to live with our frustrations and be effective in our serving. Help us to find peace in the midst of chaos, solutions in the midst of dilemmas, and hope where there sometimes appears only to be hopelessness. 1996-04-22 House Journal Page 3908 Bless this community of House of Representatives as it struggles with issues on our behalf. May all be blessed by their struggles. In Your Holy name, Amen. The Pledge of Allegiance was led by Representative Navarre. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 103rd, 104th and 105th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR SB 77 The following letter, dated April 19, 1996, was received: Dear Speaker Phillips: Under the authority of Art. II, sec. 15 of the Alaska Constitution, I have vetoed the following bill: 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. This administration is committed to sound, scientific management of Alaskas wildlife resources. The intensive management scheme mandated in this bill abandons our goal of responsible wildlife management and fails to recognize long held, successful scientific principles. 1996-04-22 House Journal Page 3909 SB 77 Alaska enjoys a wildlife management team which has produced some of the worlds most bountiful supplies of game and wildlife. These successes are the result of sound science, management based upon sustained yield, and a thorough public process. The statewide harvest of big game species is high and increasing. Last year, hunters harvested 7,200 moose compared to the 3,300 harvested just two decades ago. Caribou harvest last year exceeded 30,000, more than double what it was just 10 years ago. Brown bear and wolf harvests are the highest on record in 20 years. While populations and harvest of moose may be lower than some desire in a few areas of the state, the Department is working to increase those populations. Our state biologists currently have all the wildlife management tools necessary to accomplish this. Instead of advancing our progress toward the worlds finest professional wildlife management system, this bill would reverse it. Specifically, it defines the sustained yield principle as mandating management for unrealistic levels of moose and caribou populations, exclusively for consumption by hunters. This would prohibit the Board of Game and the Department of Fish and Game from using the long tried and proven tools of science and public opinion in determining the best use of resources in each game area and managing them based on those findings. Rather than sustaining our game populations, this approach would actually jeopardize the health of some wildlife populations over time. Widespread and continuous killing of wolves and bears would be required to meet the levels of available game populations mandated by this legislation. It requires wolves and bears to be eliminated or maintained at minimal levels, at a high financial cost to the state. Even then, the extreme harvest rates mandated by this legislation, amounting to one third or more of the annual production, could not be sustained over time. Wolf and bear populations are valuable wildlife resources in Alaska for hunters and nonhunters alike, and we must consider this value when making management decisions to enhance consumptive uses. 1996-04-22 House Journal Page 3910 SB 77 This bill also gives the Board of Game inappropriate and unprecedented budget powers by mandating the Department implement all Board of Game actions regardless of cost. At the same time, this bill would prohibit the use of changes in seasons or bag limits as an intensive management tool. Setting seasons and bag limits is a basic tool of wildlife management and often is all that is needed to correct a short-term decline in a wildlife population. Alaska has an unequaled wildlife management team and system. We can keep it that way by recommitting ourselves to the basic principles of sound science, professional management and an open public process. Sincerely, /s/ Tony Knowles Governor COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Revenue Division of Charitable Gaming Preliminary Annual Report December 31, 1995 (as required by AS 05.15.090) Alaska Court System Judicial Conduct Commission 1995 Annual Report REPORTS OF STANDING COMMITTEES The Resources Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: 1996-04-22 House Journal Page 3911 Dan K. Coffey as a member of the Board of Fisheries The report was signed by Representatives Green and Williams, Co- chairs; and, Representatives Ogan, Nicholia and Austerman Grant J. Miller Virgil L. Umphenour as members of the Board of Fisheries The reports were signed by Representatives Green and Williams, Co- chairs; and, Representatives Ogan, Davies, Nicholia, Austerman and Long The reports did not reflect an intent by any of the members to vote for or against the named individuals during any further session for the purposes of confirmation. HB 381 The Resources Committee has considered: HOUSE BILL NO. 381 An Act relating to oil and gas conservation and recovery. and recommends it be replaced with: CS FOR HOUSE BILL NO. 381(O&G) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (5): Long, Williams, Ogan, Austerman, Green The following fiscal notes apply to CSHB 381(O&G): Zero fiscal note, Dept. of Administration, 4/17/96 Zero fiscal note, Dept. of Natural Resources, 4/17/96 1996-04-22 House Journal Page 3912 HB 381 HB 381 was referred to the Rules Committee for placement on the calendar. HB 407 The Labor & Commerce Committee has considered: HOUSE BILL NO. 407 An Act relating to discrimination by certain insurers against a person with a genetic defect. and recommends it be replaced with: CS FOR HOUSE BILL NO. 407(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (1): Elton No recommendation (3): Kott, Rokeberg, Porter The following fiscal note applies to CSHB 407(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/22/96 HB 407 was referred to the Judiciary Committee. **The presence of Representative Finkelstein was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1996-04-22 House Journal Page 3913 Honoring - Nikiski High School Wrestling Team, 1996 State Champions By Senator Salo; Representatives Navarre, Phillips Honoring - Dr. Barbara Ensor Mishler By Senators Green, Halford; Representative Ogan Honoring - The David Clayton Family, 1995 Independent and Distance Educators of Alaska, Family of the Year By Senators Green, Halford; Representative Ogan Honoring - Paul McIntosh By Senator Taylor; Representative Williams In Memoriam - Virginia White By Representatives Vezey, Phillips, Foster In Memoriam - Nellie G. Jackson By Representative B.Davis In Memoriam - Ronald Harmon Brown By Representative B.Davis In Memoriam - Joshua Fuchs By Senators Green, Halford; Representative Ogan In Memoriam - Clara Louise King By Senators Green, Halford; Representative Ogan In Memoriam - Lillian Anderson Eckert By Senators Green, Halford; Representative Ogan **The presence of Representative Moses was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 175 The following was read the second time: 1996-04-22 House Journal Page 3914 HB 175 HOUSE BILL NO. 175 An Act relating to sport fish guides; and providing for an effective date. with the: Journal Page FSH RPT CS(FSH) NT 2DP 1NR 1AM 2870 FISCAL NOTE (F&G) 2870 RES RPT CS(RES) NT 1DP 6NR 3019 FISCAL NOTE (F&G) 2/23/96 3020 FIN RPT CS(FIN) NT 2DP 6NR 1AM 3809 FISCAL NOTE (F&G) 3810 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. 175(FIN) An Act relating to licensing of sport fishing services operators and fishing guides; and providing for an effective date. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB175(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected and withdrew the objection. There being no further objection, it was so ordered. CSHB 175(FIN) was read the third time. **The presence of Representative Hanley was noted. The following members declared a conflict of interest: Representative Mackie Representative Bunde The question being: Shall CSHB 175(FIN) pass the House? The roll was taken with the following result: 1996-04-22 House Journal Page 3915 HB 175 CSHB 175(FIN) Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kohring, Kott, Long, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis Nays: Brice, Davies, James, Kelly, Kubina, Martin, Therriault, Vezey Excused: Masek And so, CSHB 175(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 Davies gave notice of reconsideration of his vote on CSHB 175(FIN). HB 543 The following was read the second time: HOUSE BILL NO. 543 An Act establishing a preference when entering into state airport land leases. with the: Journal Page TRA RPT CS(TRA) NT 2DP 3NR 3662 ZERO FISCAL NOTE (DOT) 3663 FIN RPT CS(FIN) NT 6DP 1NR 2AM 3839 ZERO FISCAL NOTE (DOT) 4/9/96 3839 1996-04-22 House Journal Page 3916 HB 543 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. 543(FIN) An Act relating to state airports and air navigational facilities. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kelly: Page 4, line 12: Delete "or" Insert "and" Representative Kelly moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Navarre objected. Representative Mulder declared a conflict of interest. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 543(FIN) Second Reading Amendment No. 1 YEAS: 16 NAYS: 21 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Green, Hanley, James, Kelly, Kohring, Ogan, Porter, Rokeberg, Sanders, Therriault, Vezey Nays: Brown, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Robinson, Toohey, Willis Excused: Masek Absent: Finkelstein, Williams 1996-04-22 House Journal Page 3917 HB 543 And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Kelly: Page 4, line 12, following "interest": Insert ", and if the lessee is provided just compensation under art. VIII, sec. 16, Constitution of the State of Alaska" Representative Kelly moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brown objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 543(FIN) Second Reading Amendment No. 2 YEAS: 8 NAYS: 31 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Green, James, Kelly, Kohring, Ogan, Therriault, Vezey Nays: Austerman, Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis Excused: Masek And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 3, following line 22: Insert a new subsection to read: 1996-04-22 House Journal Page 3918 HB 543 "(d) The term of a new lease or an extension entered into under (c) of this section may not exceed a total of 55 years when combined with the term of the prior lease if a new lease is entered into, or with the term of the existing lease, if an extension is entered into." Reletter the following subsections accordingly. Page 3, line 28: Delete "(d)" Insert "(e)" Page 4, line 13: Delete "(e)(2) or (3)" Insert "(f)(2) or (3)" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Rokeberg objected. Amendment to Amendment No. 3 was offered by Representative Davies: Delete the new subsection (d) and insert a new subsection to read: (d) The term of an extension entered into under (c) of this section may not exceed a total of 55 years when combined with the term of the prior lease if an extension is entered into. Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. There being no further objection, it was so ordered. The question being: Shall Amendment No. 3 as amended be adopted? The roll was taken with the following result: CSHB 543(FIN) Second Reading Amendment No. 3 as amended YEAS: 15 NAYS: 22 EXCUSED: 1 ABSENT: 2 1996-04-22 House Journal Page 3919 HB 543 Yeas: Austerman, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Martin, Navarre, Nicholia, Robinson, Willis Nays: Barnes, Brice, Bunde, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mulder, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Masek Absent: Moses, Ogan And so, Amendment No. 3 as amended was not adopted. Amendment No. 4 was offered by Representative Brown: Page 3, line 16, following commissioner: Delete shall Insert may Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative G.Davis objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSHB 543(FIN) Second Reading Amendment No. 4 YEAS: 5 NAYS: 31 EXCUSED: 1 ABSENT: 3 Yeas: Brown, Davies, Elton, Nicholia, Robinson Nays: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Masek 1996-04-22 House Journal Page 3920 HB 543 Absent: Finkelstein, Grussendorf, Moses And so, Amendment No. 4 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB543(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The question being: Shall CSHB 543(FIN) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 543(FIN) Second Reading Advance to Third Reading YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Excused: Masek And so, lacking the necessary 30 votes, CSHB 543(FIN) failed to advance and will be in third reading on the April 24, 1996, calendar. HB 506 The following was read the second time: HOUSE BILL NO. 506 An Act relating to establishment of a fire fighting and safety training program by the University of Alaska. 1996-04-22 House Journal Page 3921 HB 506 with the: Journal Page HES RPT 5DP 3393 ZERO FISCAL NOTE (UA) 3393 FIN REFERRAL WAIVED 3803 Representative Vezey moved and asked unanimous consent that HB 506 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 506 was read the third time. The question being: Shall HB 506 pass the House? The roll was taken with the following result: HB 506 Third Reading Final Passage YEAS: 29 NAYS: 9 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kubina, Long, Mackie, Martin, Moses, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Williams, Willis Nays: Barnes, Brice, Davies, James, Kott, Mulder, Ogan, Sanders, Vezey Excused: Masek Absent: Foster And so, HB 506 passed the House. Representative Davies gave notice of reconsideration of his vote on HB 506. HB 438 The following was read the second time: 1996-04-22 House Journal Page 3922 HB 438 HOUSE BILL NO. 438 An Act relating to the indexing of documents recorded in the state recorder's offices; and providing for an effective date. with the: Journal Page STA RPT 4DP 2AM 3089 2 FISCAL NOTES (DNR) 3090 RES RPT 4DP 3NR 3305 2 FISCAL NOTES (DNR) 3/12/96 3305 FIN REFERRAL ADDED 3355 FIN RPT 6DP 3810 ZERO FISCAL NOTE (DNR) 3810 FISCAL NOTE (DNR #1) 3/12/96 3810 Representative Vezey moved and asked unanimous consent that HB438 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 438 was read the third time. The question being: Shall HB 438 pass the House? The roll was taken with the following result: HB 438 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Masek Absent: Finkelstein, Grussendorf And so, HB 438 passed the House. 1996-04-22 House Journal Page 3923 HB 438 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 438 was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 163 Representative Kubina brought up reconsideration of the vote on CSSB 163(FIN)(title am) (page 3888). The following was again before the House in third reading: 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. The question to be reconsidered: Shall CSSB 163(FIN)(title am) pass the House? The roll was taken with the following result: CSSB 163(FIN)(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Hanley, Ivan, Kelly, Kott, Kubina, Mackie, Martin, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Willis Nays: Bunde, James, Kohring, Long, Moses, Ogan, Vezey, Williams Excused: Masek 1996-04-22 House Journal Page 3924 SB 163 Absent: Green And so, CSSB 163(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. CSSB 163(FIN)(title am) was signed by the Speaker and Chief Clerk and returned to the Senate. Representative Vezey moved and asked unanimous consent that the the House recess until 5:00 p.m. There being no objection, the House recessed at 1:03 p.m. AFTER RECESS The House was called back to order at 5:11 p.m. A second quorum call showed 24 members present. SECOND READING OF HOUSE BILLS (continued) HB 490 The following was read the second time: HOUSE BILL NO. 490 An Act relating to grants and other financial assistance authorized or made by the Alaska Science and Technology Foundation for the BIDCO assistance program. with the: Journal Page L&C RPT 1DP 1DNP 5NR 3091 2 ZERO FISCAL NOTES (2-DCED) 3091 STA REFERRAL WAIVED 3782 FIN REFERRAL WAIVED 3826 1996-04-22 House Journal Page 3925 HB 490 Representative Vezey moved and asked unanimous consent that HB490 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 490 was read the third time. The question being: Shall HB 490 pass the House? The roll was taken with the following result: HB 490 Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 1 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Excused: Masek Absent: Finkelstein, Hanley, Mulder, Therriault And so, HB 490 passed the House and was referred to the Chief Clerk for engrossment. HB 529 The following was read the second time: 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. with the: Journal Page HES RPT 4DP 1DNP 3474 3 FISCAL NOTES (DHSS, REV, ADM) 3474 FIN RPT 5DP 2DNP 4NR 3838 3 FISCAL NOTES (DHSS, REV, ADM) 3/29/96 3839 1996-04-22 House Journal Page 3926 HB 529 Amendment No. 1 was offered by Representatives Therriault, Brice, Davies, James and Kelly: Page 1, line 2 (title amendment): Delete "centralized" Insert "consolidated" Page 1, line 8: Delete "centralized" Insert "consolidated" Page 1, line 10: Delete "$19,200,000" Insert "$16,648,000" Page 1, line 11: Delete "$3,100,000" Insert "$2,687,700" Page 1, line 12: Delete "23,500,000" Insert "$20,374,500" Representative Therriault moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Toohey objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HB 529 Second Reading Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Brice, Davies, Elton, Foster, Grussendorf, Ivan, James, Kelly, Kohring, Kubina, Long, Moses, Nicholia, Phillips, Robinson, Therriault, Vezey, Williams 1996-04-22 House Journal Page 3927 HB 529 Nays: Barnes, Brown, Bunde, B.Davis, G.Davis, Finkelstein, Green, Hanley, Kott, Mackie, Martin, Mulder, Navarre, Ogan, Parnell, Porter, Rokeberg, Sanders, Toohey, Willis Excused: Masek And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 1, line 9, following "agreement": Insert ", but this authorization is contingent on a labor agreement being entered into for the construction of the facility" Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Martin objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: HB 529 Second Reading Amendment No. 2 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Ivan, Kubina, Mackie, Navarre, Nicholia, Robinson, Williams, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Long, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Excused: Masek Absent: Moses And so, Amendment No. 2 was not adopted. 1996-04-22 House Journal Page 3928 HB 529 Representative Vezey moved and asked unanimous consent that HB529 be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that HB 529 will be in third reading on the April 24, 1996, calendar. SECOND READING OF SENATE BILLS SB 158 The following was read the second time: CS FOR SENATE BILL NO. 158(L&C) am An Act relating to pharmacists and pharmacies. with the: Journal Page HES RPT HCS(HES) 4DP 2NR 3697 SENATE ZERO FISCAL NOTE (DCED) 2/20/96 3698 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 158(HES) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCS CSSB 158(HES) be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that HCS CSSB 158(HES) will be in third reading on the April 24, 1996, calendar. 1996-04-22 House Journal Page 3929 SB 261 The following was read the second time: SENATE BILL NO. 261 An Act relating to the release of employment security records; relating to an injunction or an employer's security for delinquent unemployment insurance contributions; extending time periods for redeterminations and appeals for unemployment insurance; relating to the overpayment or the redetermination of unemployment insurance benefits; relating to availability for work, seeking work, and the calculation of wages for unemployment insurance purposes; relating to voluntary federal tax withholding from unemployment insurance benefits; relating to the binding effect of unemployment compensation decisions; relating to the definition of `waiting week' for employment security purposes; and providing for an effective date. with the: Journal Page L&C RPT 2DP 2NR 3640 SENATE ZERO FISCAL NOTE (LABOR) 3/8/96 3640 Representative Vezey moved and asked unanimous consent that SB261 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SB 261 will be in third reading on the April 24, 1996, calendar. SB 268 The following was read the second time: CS FOR SENATE BILL NO. 268(JUD) am An Act relating to release before trial in cases involving alcohol, controlled substances, imitation controlled substances, stalking, or domestic violence. 1996-04-22 House Journal Page 3930 SB 268 with the: Journal Page JUD RPT 5DP 1NR 3702 2 SENATE ZERO FNS (DPS, LAW) 4/2/96 3702 SENATE ZERO FISCAL NOTE (COR) 4/1/96 3702 SENATE ZERO FISCAL NOTE (COURT) 3/29/96 3702 Representative Vezey moved and asked unanimous consent that SB268 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that CSSB 268(JUD) am will be in third reading on the April 24, 1996, calendar. SB 42 The following was read the second time: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 42 am An Act allowing a person to hold more than one entry permit for certain fisheries and amending the definition of `unit of gear' for purposes of the commercial fisheries limited entry program; and providing for an effective date. with the: Journal Page FSH RPT 3DP 1NR 3703 SENATE ZERO FISCAL NOTE (F&G) 3/28/96 3703 RES RPT 6DP 1NR 3743 SENATE ZERO FISCAL NOTE (F&G) 3/28/96 3743 Representative Vezey moved and asked unanimous consent that SSSB42 am be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. 1996-04-22 House Journal Page 3931 SB 42 The Speaker stated that SSSB 42 am will be in third reading on the April 24, 1996, calendar. SECOND READING OF SENATE RESOLUTIONS SJR 38 The following was read the second time: SENATE JOINT RESOLUTION NO. 38 Opposing the proposed expansion of the United States Environmental Protection Agency's toxics release inventory program. with the: Journal Page RES RPT 4DP 3NR 3638 SENATE ZERO FISCAL NOTE (S.RES) 3/12/96 3639 Amendment No. 1 was offered by Representative Brown: Page 1, line 1, before the proposed (title amendment): Delete Opposing Insert Regarding Page 1, line 12, after facilities: Delete threatened with addition Insert to be added Page 1, line 13, after WHEREAS: Delete nearly all Insert some Page 2, line 6, after would: Delete not Page 2, line 7, after because: Insert although 1996-04-22 House Journal Page 3932 SJR 38 Page 2, line 9, after departments: Insert , the TRI consolidates this information into a form more accessible and understandable to the public Page 2, lines 10-11: Delete all material. Page 2, line 13, after far: Delete less Insert more public Page 2, line 16, after on: Delete marginal Page 2, line 16, after projects: Delete and those nearing their economic end; Insert which will enable companies pursuing these projects to more easily shoulder costs of complying with the expanded TRI; Page 2, line 18, after imposing: Delete additional Page 2, line 19, after industry through line 22: Delete all material. Insert . Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Vezey objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: SJR 38 Second Reading Amendment No. 1 YEAS: 11 NAYS: 26 EXCUSED: 1 ABSENT: 2 1996-04-22 House Journal Page 3933 SJR 38 Yeas: Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Moses, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Masek Absent: B.Davis, Mackie And so, Amendment No. 1 was not adopted. Representative Vezey moved and asked unanimous consent that SJR38 be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The Speaker stated that SJR 38 will be in third reading on the April 24, 1996, calendar. 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 - J.C. Penney Golden Rule Award Winners By Representatives Brice, Brown, Davies, B.Davis, Elton, James, Kelly, Kott, Kubina, Long, Mackie, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Honoring - Damon Chuck Thorsrud, Alaska Department of Public Safety, Trooper of the Year By Representatives Phillips, Austerman, Brown, Bunde, Davies, B.Davis, Elton, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis 1996-04-22 House Journal Page 3934 Honoring - 1995 Kenai Chamber of Commerce, Pioneer Award, George and Rose Navarre By Representatives Navarre, Phillips, G.Davis, Brice, Brown, Davies, B.Davis, Elton, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Nicholia, Ogan, Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis; Senators Salo, Torgerson Honoring - C.H.A.O.S. and S.W.E.A.T. By Senator Kelly; Representatives B.Davis, Green, James, Kott, Mackie, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Willis In Memoriam - Dora Aga By Representatives Austerman, Phillips, Davies, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis; Senator Zharoff UNFINISHED BUSINESS HB 362 The Speaker added a referral to the House Special Committee on World Trade and State/Federal Relations to follow the Finance Committee referral for: HOUSE BILL NO. 362 An Act extending the motor fuel tax exemption for fuel sold for use in jet propulsion aircraft to fuel used in those aircraft for flights that continue from a foreign country. HB 362 is in the Finance Committee. HB 483 The Speaker waived the State Affairs Committee referral for the following at the request of Representative James, Chair: HOUSE BILL NO. 483 An Act relating to the calculation of unemployment insurance benefits; and providing for an effective date. HB 483 was removed from the State Affairs Committee and referred to the Finance Committee. 1996-04-22 House Journal Page 3935 SB 165 The Speaker waived the House Special Committee on Economic Development referral for the following at the request of Representative Sanders, Chair: CS FOR SENATE BILL NO. 165(L&C) An Act relating to psychologists and psychological associates. CSSB 165(L&C) was removed from the House Special Committee on Economic Development and referred to the Labor & Commerce Committee. SB 194 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: CS FOR SENATE BILL NO. 194(JUD) An Act relating to offenses associated with criminal street gangs, and to sentencing for those offenses; relating to the offenses of murder in the second degree, an unclassified felony, misconduct involving weapons in the first degree, a class A felony, and misconduct involving weapons in the third degree, a class C felony; and amending Rule 702(a), Alaska Rules of Evidence; and providing for an effective date. CSSB 194(JUD) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 274 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: CS FOR SENATE BILL NO. 274(TRA) am An Act relating to the noise levels of airports and sport shooting facilities. CSSB 274(TRA) am was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 1996-04-22 House Journal Page 3936 ND ßRepresentative 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 Parnell - from 12:00 noon, April 23 to 2:00 p.m., April 23, 1996; and, from 6:00 a.m., April 26 to 9:30 a.m., plane time, April 29, 1996 HB 438 Representative Therriault added his name as cosponsor to: HOUSE BILL NO. 438 An Act relating to the indexing of documents recorded in the state recorder's offices; and providing for an effective date. HB 506 Representative Parnell added his name as cosponsor to: HOUSE BILL NO. 506 An Act relating to establishment of a fire fighting and safety training program by the University of Alaska. SB 177 Representative Kohring added his name as cross sponsor to: CS FOR SENATE BILL NO. 177(FIN) am An Act relating to permits to carry concealed handguns; and relating to possession of firearms on state ferries. SB 253 Representative Navarre added his name as cross sponsor to: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. 1996-04-22 House Journal Page 3937 ENGROSSMENT HB 2 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. 2(FIN) An Act providing for incarceration of certain nonviolent offenders in boot camps operated by the Department of Corrections; making prisoners who complete the boot camp program eligible for furloughs and discretionary parole; allowing the Department of Corrections to contract with a person for a boot camp program; creating the Boot Camp Program Advisory Board in the Department of Corrections. HB 384 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. 384(HES) am An Act relating to payment requirements for retention in the Pioneers' Home; and providing for an effective date. HB 438 HB 438 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 490 HB 490 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 211 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: HOUSE CS FOR CS FOR SENATE BILL NO. 211(JUD) An Act relating to sexual assault and sexual abuse; and relating to endangering the welfare of vulnerable adults. 1996-04-22 House Journal Page 3938 ANNOUNCEMENTS With the appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules is in effect as of April 22, 1996. Submit written notice of a meeting at least 24 hours before the meeting to the Chief Clerk's Office. House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 10:30 a.m., 4/23 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 24, 1996. There being no objection, the House adjourned at 6:27 p.m. Suzi Lowell Chief Clerk