Legislature(1995 - 1996)
1996-04-26 House Journal
Full Journal pdf1996-04-26 House Journal Page 4027 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 26, 1996 One Hundred Tenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:52 a.m. Roll call showed 35 members present. Representatives Hanley and Mulder were absent and their presence was noted later. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House today: Representative Long Representative Nicholia Representative Moses Representative Ivan - from 11:30 a.m. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Brice 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, As this legislative session draws toward closure, we reflect back on all that has gone before us. We see that much emotional, intellectual and financial energy has been expended. From all sides there have been opinions and diverse reactions that have both torn down and built up each person gathered in this room. Be with each person here as they reflect back and look ahead. Help us to reflect upon the 1996-04-26 House Journal Page 4028 mixed emotions that are always a part of the intensity of life and the intensity of decision-making. May Alaska and its people benefit from the struggles and decisions that have taken place as well as those yet to occur. In all the legislative action and reaction we remember the people who serve and who are served. May they always be the focus of all that transpires in this place. In the midst of the difficult and often controversial realities of legislative decision-making is the overriding reality of the fragileness of life. In particular this day we give thanks for the life of Eileen MacLean and the contributions she made to this House of Representatives and our state. Be with her family, friends and colleagues in their time of loss and grief. In the frenzy of these remaining days, we ask Your continual presence with each and every person gathered here this day. In Your Holy name. Amen. The Pledge of Allegiance was led by Representative Grussendorf. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 108th and 109th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. * * * * * Representative Barnes introduced Katharine Chang, Director General of the Taipei Economic and Cultural Office in Seattle, and her Assistant, Ray Chao. The privilege of the floor was extended to Ms. Chang and she addressed the body. 1996-04-26 House Journal Page 4029 MESSAGES FROM THE SENATE HB 412 A message dated April 24, 1996, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 412(FIN) am(brf pfld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. and SCS FOR CS FOR HOUSE BILL NO. 412(FIN) am S(brf fld) An Act making appropriations for the operating and loan program expenses of state government, for certain programs, and to capitalize funds; and providing for an effective date. The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 3958. HB 413 A message dated April 24, 1996, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: CS FOR HOUSE BILL NO. 413(FIN) An Act making appropriations for the operating and capital expenses of the state's integrated comprehensive mental health program; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 413(FIN) (same title) 1996-04-26 House Journal Page 4030 HB 413 The message further stated that Senator Halford resigned as Chair of the Conference Committee on the above bills. Senator Frank will assume the chair and Senator Halford will act as a member. The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 3839. SB 6 A message dated April 24, 1996, was read stating the Senate has adopted the Free Conference Committee report on HCS SB 6(CRA) and SB 6 am, thus adopting: FREE CONFERENCE CS FOR SENATE BILL NO. 6 An Act relating to suspension of a driver's license for failure to appear in court or failure to pay a fine; relating to court and collection costs for traffic offenses; and relating to citations and court procedures for municipal traffic and parking offenses. The report is under Unfinished Business. SB 158 A message dated April 25, 1996, was read stating the Senate has concurred in the House amendment to CSSB 158(L&C) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 158(HES) An Act relating to pharmacists and pharmacies. SB 226 A message dated April 25, 1996, was read stating the Senate has concurred in the House amendment to CSSB 226(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 226(FIN) am H 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 1996-04-26 House Journal Page 4031 SB 226 programs; amending the effective date in sec. 7, ch. 56, SLA 1995; and providing for an effective date. **The presence of Representative Mulder was noted. HB 465 A message dated April 25, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 465(HES) am An Act relating to employment of teachers and school administrators and to public school collective bargaining. with the following amendment with a technical title change and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 465(RLS) am S An Act relating to employment of teachers and school administrators and to public school collective bargaining; and providing for an effective date. CSHB 465(HES) am is under Unfinished Business. HB 466 A message dated April 25, 1996, was read stating the Senate has passed CSHB 466(FIN) am with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 466(FIN) An Act establishing the Adak Reuse Authority. CSHB 466(FIN) am is under Unfinished Business. HB 547 A message dated April 25, 1996, was read stating the Senate has passed CSHB 547(RES) am with the following amendment: Page 1, lines 5-7 Delete all of Section 1. 1996-04-26 House Journal Page 4032 HB 547 Page 2, following line 16: Insert a new paragraph to read: "(10) it is in the best interests of the state, the communities, and the fishing industry that appropriate management options for the various dive fisheries be identified and implemented as soon as possible in order that the entry moratorium on any or all of the dive fisheries may be lifted;" Renumber the following paragraphs accordingly. Page 4, line 21, following "(3)": Insert "in cooperation with the Department of Fish and Game," Page 4, line 22: Delete "limited entry" Insert "a nontransferable limited entry or other management" And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 547(RES) am S An Act relating to a four-year moratorium on entry into Southeast Alaska dive fisheries; and providing for an effective date. CSHB 547(RES) am is under Unfinished Business. Messages dated April 24 and 25, 1996, were read stating the Sena Sen has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 31 CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) by the Senate Finance Committee: Proposing an amendment to the Constitution of the State of Alaska relating to voter approval of amendments of the Alaska Statehood Act affecting an interest of the State of Alaska under that Act. was read the first time and referred to the Judiciary Committee. 1996-04-26 House Journal Page 4033 FIRST READING AND REFERENCE OF SENATE BILLS SB 43 CS FOR SENATE BILL NO. 43(L&C) by the Senate Labor & Commerce Committee, entitled: An Act relating to registration by the Board of Registration for Architects, Engineers, and Land Surveyors; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; and amending the definition of `practice of land surveying.' was read the first time and referred to the Labor & Commerce and Judiciary Committees. SB 98 CS FOR SENATE BILL NO. 98(RLS) by the Senate Rules Committee, entitled: An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to day care assistance and the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and 1996-04-26 House Journal Page 4034 SB 98 Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. was read the first time and referred to the Health, Education & Social Services and Finance Committees, and the Majority Leader's desk. SB 264 CS FOR SENATE BILL NO. 264(JUD) by the Senate Judiciary Committee, entitled: An Act limiting the authority of courts to suspend the imposition of sentence in criminal cases. was read the first time and referred to the Judiciary Committee. SB 283 CS FOR SENATE BILL NO. 283(RLS) by the Senate Rules Committee, entitled: An Act relating to filing, recording, and indexing of documents with or by the Department of Natural Resources; repealing certain filing requirements concerning property involving nonresident aliens; and providing for an effective date. was read the first time and referred to the Resources and Finance Committees. SB 284 CS FOR SENATE BILL NO. 284(RES) by the Senate Resources Committee, entitled: An Act relating to bonds issued to repair, improve, or maintain the four dam pool; and relating to the four dam pool transfer fund and the power development fund. was read the first time and referred to the House Special Committee on World Trade and State/Federal Relations and the Labor & Commerce and Finance Committees. 1996-04-26 House Journal Page 4035 SB 287 CS FOR SENATE BILL NO. 287(FIN) by the Senate Finance Committee, entitled: An Act relating to the unincorporated community capital project matching grant program; and providing for an effective date. was read the first time and referred to the Community & Regional Affairs and Finance Committees. SB 301 CS FOR SENATE BILL NO. 301(FIN) am by the Senate Finance Committee, entitled: An Act relating to postsecondary education; and providing for an effective date. was read the first time and referred to the Finance Committee. SB 303 CS FOR SENATE BILL NO. 303(FIN) by the Senate Finance Committee, entitled: An Act relating to management of the budget reserve fund; and providing for an effective date. was read the first time and referred to the Finance Committee. SB 304 CS FOR SENATE BILL NO. 304(RLS) am by the Senate Rules Committee, entitled: An Act relating to the permanent disqualification of certain individuals who have been absent from the state for payments under the longevity bonus program; relating to unpaid sabbaticals under the longevity bonus program; and providing for an effective date. was read the first time and referred to the State Affairs and Finance Committees. 1996-04-26 House Journal Page 4036 COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Administration Citizens' Review Panel for Permanency Planning Annual Report April, 1996 REPORTS OF STANDING COMMITTEES HCR 35 The Labor & Commerce Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 35 Relating to support for the Alaska Community College system within the University of Alaska. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 35(L&C) (same title) The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (7): Sanders, Masek, Porter, Kubina, Elton, Rokeberg, Kott The following fiscal note applies to CSHCR 35(L&C): Zero fiscal note, House Labor & Commerce Committee/Dept. of Education, 4/26/96 HCR 35 was referred to the Rules Committee for placement on the calendar. HJR 66 The State Affairs Committee has considered: 1996-04-26 House Journal Page 4037 HJR 66 HOUSE JOINT RESOLUTION NO. 66 Relating to opposing the American Heritage Areas Program. The report was signed by Representative James, Chair, with the following individual recommendations: Do pass (5): James, Porter, Green, Ivan, Ogan No recommendation (2): Robinson, Willis The following fiscal note applies: Zero fiscal note, House State Affairs Committee/Legislative Affairs Agency, 4/26/96 HJR 66 is on today's calendar. HB 91 The Finance Committee has considered: HOUSE BILL NO. 91 An Act amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system. and recommends it be replaced with: CS FOR HOUSE BILL NO. 91(RES) An Act relating to hunting in marine park units of the Alaska state park system, amending the area within designated marine park units of the Alaska state park system, and adding marine park units to the Alaska state park system. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (3): Grussendorf, Brown, Navarre Do not pass (2): Mulder, Kelly 1996-04-26 House Journal Page 4038 HB 91 No recommendation (3): Foster, Parnell, Kohring Amend (2): Therriault, Hanley The following fiscal note applies to CSHB 91(RES): Fiscal note, Dept. of Natural Resources, 4/26/96 HB 91 was referred to the Rules Committee for placement on the calendar. HB 345 The Labor & Commerce Committee has considered: HOUSE BILL NO. 345 An Act relating to the procurement of investment and brokerage services by the Alaska State Pension Investment Board. and recommends it be replaced with: CS FOR HOUSE BILL NO. 345(L&C) An Act relating to the investments of the Alaska State Pension Investment Board. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (2): Porter, Kott Do not pass (2): Sanders, Elton No recommendation (3): Masek, Kubina, Rokeberg The following fiscal note applies to CSHB 345(L&C): Zero fiscal note, House Labor & Commerce Committee/Dept. of Revenue, 4/26/96 HB 345 was referred to the Finance Committee. 1996-04-26 House Journal Page 4039 HB 482 The Finance Committee has considered: HOUSE BILL NO. 482 An Act relating to state procurement practices and procedures; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 482(FIN) An Act relating to lobbying contracts of state-related entities and involving lobbying contracts of state-related entities and state procurement practices and procedures; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (3): Foster, Martin, Brown No recommendation (8): Mulder, Parnell, Kohring, Grussendorf, Navarre, Kelly, Therriault, Hanley The following fiscal notes apply to CSHB 482(FIN): Fiscal note, Dept. of Administration, 4/26/96 Fiscal note, Dept. of Transportation & Public Facilities, 2/9/96 Zero fiscal notes (2), Dept. of Administration, 2/9/96 Zero fiscal note, Dept. of Commerce & Economic Development, 2/9/96 Zero fiscal note, Dept. of Community & Regional Affairs, 2/9/96 Zero fiscal note, Office of the Governor, 2/9/96 Zero fiscal note, Dept. of Health & Social Services, 2/9/96 Zero fiscal note, Dept. of Labor, 2/9/96 Zero fiscal note, Dept. of Law, 2/9/96 Zero fiscal note, Dept. of Military & Veterans Affairs, 2/9/96 Zero fiscal note, Dept. of Corrections, 2/9/96 Zero fiscal note, Dept. of Education, 2/9/96 Zero fiscal note, Dept. of Environmental Conservation, 2/9/96 Zero fiscal note, Dept. of Fish & Game, 2/9/96 Zero fiscal note, Dept. of Natural Resources, 2/9/96 Zero fiscal note, Dept. of Public Safety, 2/9/96 1996-04-26 House Journal Page 4040 HB 482 Zero fiscal note, Dept. of Revenue, 2/9/96 Zero fiscal note, University of Alaska, 2/9/96 HB 482 was referred to the Rules Committee for placement on the calendar. HB 545 The Finance Committee has considered: HOUSE BILL NO. 545 An Act relating to the cost-of-living differential for certain public employees residing in the state and the criteria for determining eligibility for the differential; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 545(FIN) An Act relating to the cost-of-living differential for certain public employees residing in the state and the establishment of criteria for determining eligibility for the differential; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (9): Foster, Hanley, Mulder, Parnell, Kohring, Grussendorf, Brown, Kelly, Therriault The following fiscal notes apply to CSHB 545(FIN): Zero fiscal note, Dept. of Administration, 3/22/96 Zero fiscal note, Dept. of Revenue, 3/22/96 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/22/96 HB 545 was referred to the Rules Committee for placement on the calendar. HB 548 The Resources Committee has considered: 1996-04-26 House Journal Page 4041 HB 548 HOUSE BILL NO. 548 An Act authorizing, approving, and ratifying the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. and recommends it be replaced with: CS FOR HOUSE BILL NO. 548(RES) An Act authorizing the amendment of Northstar Unit oil and gas leases between the State of Alaska and BP Exploration (Alaska) Inc.; and providing for an effective date. The report was signed by Representative Green, Co-chair, with the following individual recommendations: No recommendation (3): Barnes, Ogan, Green Amend (3): Kott, Williams, Davies The following fiscal note applies to CSHB 548(RES): Fiscal note, Dept. of Natural Resources, 3/28/96 HB 548 was referred to the House Special Committee on World Trade and State/Federal Relations. SB 177 The Finance Committee has considered: 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 177(FIN) (same title) The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: 1996-04-26 House Journal Page 4042 SB 177 Do pass (7): Foster, Mulder, Therriault, Grussendorf, Kelly, Martin, Kohring Do not pass (1): Brown No recommendation (2): Parnell, Hanley The following fiscal notes apply to HCS CSSB 177(FIN): Senate fiscal note, Dept. of Public Safety, 4/11/96 Senate zero fiscal note, Dept. of Corrections, 3/26/96 Senate zero fiscal note, Dept. of Law, 3/6/96 CSSB 177(FIN) am was referred to the Rules Committee for placement on the calendar. SB 253 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 253(FIN) An Act relating to insurance coverage for costs of prostate cancer or cervical cancer detection. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 253(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Bunde, Toohey No recommendation (1): G.Davis Amend (2): Brice, Robinson The following fiscal notes apply to HCS CSSB 253(HES): 1996-04-26 House Journal Page 4043 SB 253 Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/14/96 Senate zero fiscal note, Dept. of Administration/All Depts., 4/3/96 CSSB 253(FIN) was referred to the Labor & Commerce Committee. SB 296 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 296(JUD) An Act requiring criminal background checks before certain persons may be employed in a nursing home or assisted living facility; and prohibiting the hiring or retention of certain nursing home and assisted living facility employees convicted of specified offenses. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 296(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Green, Finkelstein, B.Davis Do not pass (1): Vezey No recommendation (2): Bunde, Toohey The following fiscal notes apply to HCS CSSB 296(JUD): Senate zero fiscal note, Dept. of Public Safety, 4/16/96 Senate zero fiscal note, Dept. of Health & Social Services, 4/16/96 CSSB 296(JUD) was referred to the Rules Committee for placement on the calendar. SB 307 The Resources Committee has considered: 1996-04-26 House Journal Page 4044 SB 307 CS FOR SENATE BILL NO. 307(FIN) An Act requiring the Department of Natural Resources to exchange with the federal government state land within, and adjoining, Dude Creek Critical Habitat Area for federal land adjacent to Fall Creek; and providing for an effective date. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (6): Davies, Williams, Kott, Austerman, Ogan, Green The following fiscal note applies: Senate fiscal note, Dept. of Natural Resources, 4/11/96 CSSB 307(FIN) was referred to the Finance Committee. SB 320 The Judiciary Committee has considered: SENATE BILL NO. 320 An Act increasing the number of superior court judges designated for the Third Judicial District to provide an additional superior court judge at Dillingham. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Bunde, Toohey, Finkelstein, B.Davis No recommendation (2): Green, Vezey The following fiscal note applies: Senate fiscal note, Alaska Court System, 4/15/96 SB 320 was referred to the Finance Committee. 1996-04-26 House Journal Page 4045 REPORTS OF SPECIAL COMMITTEES SCR 8 The Conference Committee considering: CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) am H Approving the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. and CS FOR SENATE CONCURRENT RESOLUTION NO. 8(RLS) Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. requests limited powers of free conference on all of the points on which CSSCR 8(RLS) and CSSCR 8(RLS) am H differ. The request was signed by Representatives G.Davis (Chair), Porter and Mackie; and Senators Rieger (Chair), and Frank. The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Christopher Kip Hyer, Eagle Scout By Representative Porter Honoring - Tuckerman A. Babcock for Outstanding Public Service By Representatives Kohring, Ogan; Senators Halford, Green Honoring - Palmer High Varsity Soccer Team By Representative Ogan 1996-04-26 House Journal Page 4046 Honoring - Colony High School Hockey Team, 1995-96 Region III Champions By Representative Kohring; Senator Halford Honoring - John Faeo and Bob Gilman, 1996 Iron Dog Gold Rush Classic Winners By Representatives Kohring, Masek Honoring - John McDonald By Representative Ivan; Senator Hoffman Honoring - Donald Donnie Morgan By Senator Salo; Representatives Navarre, G.Davis Honoring - Sandy Nusbaum By Senator Torgerson Honoring - Gabrielle Willis and Megham Humphrey, Prudential Spirit of Community Award By Senator Leman Commemorating - Alaska Tourism Week By Senator Duncan; Representatives Elton, Robinson In Memoriam - Marti Steckel By Representatives G.Davis, Phillips, Navarre; Senators Torgerson, Salo In Memoriam - William L. Bill Weiss By Representative Williams In Memoriam - Harold Cuthbert Hudson By Senator Zharoff In Memoriam - Detlef Eugene Gene Hennings By Senator Ellis; Representatives Brown, Finkelstein 1996-04-26 House Journal Page 4047 RECONSIDERATION SCR 27 Representative Mackie brought up reconsideration of the vote on SCR 27(fld H) (page 4010). The following was again before the House in second reading: SENATE CONCURRENT RESOLUTION NO. 27 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. Representative Kubina placed a call of the House and lifted the call. **The presence of Representative Hanley was noted. The question to be reconsidered: Shall SCR 27 pass the House? The roll was taken with the following result: SCR 27--RECONSIDERATION Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Long, Moses, Nicholia And so, SCR 27 passed the House on reconsideration, was signed by the Speaker and Chief Clerk and returned to the Senate. HB 204 Representative Porter brought up reconsideration of the vote on CSHB 204(FIN) am (page 3996). 1996-04-26 House Journal Page 4048 HB 204 The following was again before the House in third reading: CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; and providing for an effective date. Representative Porter moved and asked unanimous consent that CSHB 204(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 6. Representative Mackie objected and withdrew the objection. There being no further objection, it was so ordered. **Representative Ivan, who had been previously excused, left the Chamber. Amendment No. 6 was offered by Representative Porter: Page 1, line 6, following "watercraft;" (title amendment): Insert "relating to the authority of a court to impose a suspended sentence after failure to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test; relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test;" 1996-04-26 House Journal Page 4049 HB 204 Page 3, following line 32: Insert new bill sections to read: "* Sec. 5. AS28.35.030(j) is amended to read: (j) If a person fails to satisfy the requirements of an authorized agency under (i) of this section, the court (1) may impose any portion of a suspended sentence; however, if the person was convicted under (n) of this section, the court shall impose a part or all of the remaining portion of any suspended sentence; (2) may punish the failure as contempt of the authority of the court under AS09.50.010 or as a violation of a condition of probation; and (3) shall order the revocation or suspension of the person's driver's license, privilege to drive, and privilege to obtain a driver's license until the requirements are satisfied. * Sec. 6. AS28.35.030(n) is amended to read: (n) A person is guilty of a class C felony if the person is convicted of driving while intoxicated and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining minimum sentences based on previous convictions ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTEDß, the provisions of (o)(4) of this section apply ª, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß. Upon conviction, the court (1) shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; (B) 240 days if the person has been previously convicted three times; (C) 360 days if the person has been previously convicted four or more times; (2) may not (A) suspend execution of sentence or grant probation except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) shall revoke the person's driver's license, privilege to drive, or privilege to obtain a license under AS28.15.181(c); 1996-04-26 House Journal Page 4050 HB 204 (4) may order as a condition of probation or parole that the person take a drug, or combination of drugs, intended to prevent the consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; and (5) may also order forfeiture under AS28.35.036 of the vehicle or aircraft used in the commission of the offense, subject to remission under AS28.35.037." Renumber the following bill sections accordingly. Page 4, after line 13: Insert new bill sections to read: "* Sec. 8. AS28.35.032(n) is amended to read: (n) If a person fails to satisfy the requirements of an authorized agency under (m) of this section, the court (1) may impose any portion of a suspended sentence; however, if the person was convicted under (p) of this section, the court shall impose a part or all of the remaining portion of any suspended sentence; (2) may punish the failure as contempt of the authority of the court under AS09.50.010 or as a violation of a condition of probation; and (3) shall order the revocation or suspension of the person's driver's license, privilege to drive, and privilege to obtain a driver's license until the requirements are satisfied. * Sec. 9. AS28.35.032(p) is amended to read: (p) A person is guilty of a class C felony if the person is convicted under this section and has been previously convicted two or more times within the five years preceding the date of the present offense. For purposes of determining minimum sentences based on previous convictions ªIF A PERSON HAS BEEN PREVIOUSLY CONVICTEDß, the provisions of AS28.35.030(o)(4) apply ª, EXCEPT THAT ONLY CONVICTIONS OCCURRING WITHIN FIVE YEARS PRECEDING THE DATE OF THE PRESENT OFFENSE MAY BE INCLUDEDß. Upon conviction, (1) the court shall impose a fine of not less than $5,000 and a minimum sentence of imprisonment of not less than (A) 120 days if the person has been previously convicted twice; 1996-04-26 House Journal Page 4051 HB 204 (B) 240 days if the person has been previously convicted three times; (C) 360 days if the person has been previously convicted four or more times; (2) the court may not (A) suspend execution of the sentence required by (1) of this subsection or grant probation, except on condition that the person serve the minimum imprisonment under (1) of this subsection; or (B) suspend imposition of sentence; (3) the court shall revoke the person's driver's license, privilege to drive, or privilege to obtain a license under AS28.15.181(c); (4) the court may order as a condition of probation or parole that the person take a drug, or combination of drugs, intended to prevent consumption of an alcoholic beverage; a condition of probation imposed under this paragraph is in addition to any other condition authorized under another provision of law; (5) the sentence imposed by the court under this subsection shall run consecutively with any other sentence of imprisonment imposed on the person; and (6) the court may also order forfeiture under AS28.35.036, of the vehicle or aircraft used in the commission of the offense, subject to remission under AS28.35.037." Renumber the following bill sections accordingly. Page 7, after line 4: Insert new bill sections to read: "* Sec. 14. Rule 6(r)(1), Alaska Rules of Criminal Procedure, is amended to read: (1) Evidence which would be legally admissible at trial shall be admissible before the grand jury. In appropriate cases, however, witnesses may be presented to summarize admissible evidence if the admissible evidence will be available at trial. Except as stated in subparagraphs (2), ªANDß (3), and (6), hearsay evidence shall not be presented to the grand jury absent compelling justification for its introduction. If hearsay evidence is presented to the grand jury, the reasons for its use shall be stated on the record. 1996-04-26 House Journal Page 4052 HB 204 * Sec. 15. Rule 6(r), Alaska Rules of Criminal Procedure, is amended by adding a new paragraph to read: (6) In a prosecution for driving while intoxicated under AS28.35.030(n) or for refusal to submit to a chemical test under AS28.35.032(p), hearsay evidence received through the Alaska Public Safety Information Network or from other governmental agencies of prior convictions of driving while intoxicated or refusal to submit to a chemical test may be presented to the grand jury. * Sec. 16. Rule 32.1(a), Alaska Rules of Criminal Procedure, is amended to read: (a) Scheduling. At the time guilt in a felony case is established by verdict or plea, the judge shall establish the date for a sentencing hearing and a presentencing hearing, if appropriate, and except as provided under subsection (f) of this rule, shall order a presentence investigation by the Department of Corrections. If the judge elects to schedule a single hearing, all of the procedures for the presentencing and sentencing hearings shall be applicable at the single hearing. * Sec. 17. Rule 32.1, Alaska Rules of Criminal Procedure, is amended by adding a new subsection to read: (f) When Presentence Investigation Not Required. Unless a person may be sentenced to a presumptive term of imprisonment under AS12.55.125(e)(1) or (2), a presentence investigation by the Department of Corrections is not required for a defendant convicted of driving while intoxicated under AS28.35.030(n) or refusal to submit to a chemical test under AS28.35.032(p)." Renumber the following bill sections accordingly. Page 7, line 5: Delete "Sections 1 - 6" Insert "Sections 1 - 10 and 14 - 17" Page 7, line 6: Delete "secs. 1 - 6 of this Act" Insert "secs. 1 - 10 and 14 - 17 of this Act, except that to the extent that the amendments made by secs. 5, 6, 8, 9, and 14 - 17 of this Act involve prior convictions, those prior convictions may have occurred before, on, or after the effective date of this Act" 1996-04-26 House Journal Page 4053 HB 204 Page 7, line 7: Delete "Sections 7 - 9" Insert "Sections 11 - 13" Representative Porter moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 6 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 204(FIN) am An Act relating to the administrative revocation of a minor's license to drive; creating criminal offenses of minor operating a vehicle after consuming alcohol, a minor's refusal to submit to chemical test, and driving during the 24 hours after being cited for minor operating a vehicle after consuming alcohol or refusal to submit to chemical test; establishing penalties for these offenses; relating to court ordered drug and alcohol screening, evaluation, referral, and programs; relating to implied consent to certain testing if operating a motor vehicle, aircraft, or watercraft; relating to an instrument's working tolerance in a chemical breath test; relating to the authority of a court to impose a suspended sentence after failure to complete a treatment program upon conviction of felony driving while intoxicated or felony refusal to submit to a chemical test, relating to the period of time a court may consider for determining prior convictions in sentencing a person convicted of felony driving while intoxicated or felony refusal to submit to a chemical test; amending Rules 6 and 32.1, Alaska Rules of Criminal Procedure, to allow the use of hearsay evidence before a grand jury in a prosecution for felony driving while intoxicated or felony refusal to submit to a chemical test and to not require a presentence report for a first felony driving while intoxicated or first felony refusal to submit to a chemical test; and providing for an effective date. The question to be reconsidered: Shall CSHB 204(FIN) am pass the House? The roll was taken with the following result: 1996-04-26 House Journal Page 4054 HB 204 CSHB 204(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Ivan, Long, Moses, Nicholia And so, CSHB 204(FIN) 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. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. CSHB 204(FIN) am was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 198 The following was read the second time: HOUSE BILL NO. 198 An Act relating to absences from the state and eligibility for permanent fund dividends; and providing for an effective date. 1996-04-26 House Journal Page 4055 HB 198 with the: Journal Page STA RPT CS(STA) NT 6DP 3692 ZERO FISCAL NOTE (REV) 3693 JUD RPT CS(STA) NT 6DP 3736 ZERO FISCAL NOTE (REV) 4/12/96 3736 FIN REFERRAL WAIVED 3897 The Rules Committee submitted the following fiscal note: Zero fiscal note, Dept. of Revenue, 4/26/96 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. 198(STA) An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 1, line 6, following complex; (title amendment): Insert and Page 1, line 7, following stepchild; (title amendment): Insert to participate on certain amateur athletic teams; Page 2, line 19: Delete or Page 2, following line 23: Insert a new subparagraph to read: 1996-04-26 House Journal Page 4056 HB 198 (K) to participate on an amateur athletic team as evidenced by the international federation or national governing body for that sport; Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Elton objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 198(STA) Second Reading Amendment No. 1 YEAS: 12 NAYS: 23 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Davies, Kohring, Kott, Kubina, Martin, Mulder, Robinson, Rokeberg, Sanders, Williams, Willis Nays: Austerman, Brice, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly, Mackie, Masek, Navarre, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey Excused: Ivan, Long, Moses, Nicholia Absent: Foster And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brice: Page 1, line 6, following complex; (title amendment): Delete and Page 1, line 7, following stepchild; (title amendment): Insert and for employment outside of the state; Page 2, line 19: Delete or 1996-04-26 House Journal Page 4057 HB 198 Page 2, following line 23: Insert a new subparagraph to read: (K) employment outside of the state that does not exceed seven months in a calendar year; Representative Brice 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 198(STA) Second Reading Amendment No. 2 YEAS: 7 NAYS: 29 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Brice, Davies, Kohring, Kott, Martin, Willis Nays: Austerman, Brown, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kubina, Mackie, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Excused: Ivan, Long, Moses, Nicholia And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB198(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 198(STA) was read the third time. The question being: Shall CSHB 198(STA) pass the House? The roll was taken with the following result: 1996-04-26 House Journal Page 4058 HB 198 CSHB 198(STA) Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Therriault Excused: Ivan, Long, Moses, Nicholia Absent: Barnes And so, CSHB 198(STA) 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. CSHB 198(STA) was referred to the Chief Clerk for engrossment. Representative Vezey moved and asked unanimous consent that the House recess until 5:00 p.m. There being no objection, the House recessed at 12:01 p.m. AFTER RECESS The House was called back to order at 5:29 p.m. A second quorum call showed 23 members present. SECOND READING OF SENATE BILLS SB 162 The following was read the second time: 1996-04-26 House Journal Page 4059 SB 162 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. with the: Journal Page RES RPT 6DP 1NR 3027 2 SENATE FISCAL NOTES (2-DNR) 2/14/96 3028 FIN RPT 7DP 3NR 3796 FISCAL NOTE (DNR) 3796 SENATE FISCAL NOTE (DNR) 2/14/96 3796 Representative Brown placed a call of the House and lifted the call. 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 Williams - from 5:30 p.m., April 26 to 6:00 p.m., April 28, 1996 Representative Vezey moved and asked unanimous consent that CSSB162(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 162(FIN) was read the third time. The question being: Shall CSSB 162(FIN) pass the House? The roll was taken with the following result: CSSB 162(FIN) Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 5 ABSENT: 4 1996-04-26 House Journal Page 4060 SB 162 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Mackie, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Excused: Ivan, Long, Moses, Nicholia, Williams Absent: Kubina, Masek, Navarre, Sanders And so, CSSB 162(FIN) passed the House. Representative Kubina gave notice of reconsideration of his vote on CSSB 162(FIN) and it was taken up later. THIRD READING OF HOUSE BILLS HB 342 The following, which was advanced to third reading from the April 24, 1996, calendar (page 4014), was read the third time: CS FOR HOUSE BILL NO. 342(RES) am An Act relating to water quality. Representative Brown moved and asked unanimous consent that CSHB 342(RES) am be returned to second reading for the specific purpose of considering Amendment No. 9. There being no objection, it was so ordered. Amendment No. 9 was offered by Representative Brown: Page 3, line 13, following "productivity;": Insert "and" Page 3, line 15: Delete "; and" Insert "." Page 3, lines 16 - 18: Delete all material. 1996-04-26 House Journal Page 4061 HB 342 Representative Brown moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Kelly objected. The question being: Shall Amendment No. 9 be adopted? The roll was taken with the following result: CSHB 342(RES) am Second Reading Amendment No. 9 YEAS: 14 NAYS: 20 EXCUSED: 5 ABSENT: 1 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kott, Kubina, Mackie, Mulder, Navarre, Robinson, Rokeberg, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Martin, Masek, Ogan, Parnell, Phillips, Porter, Therriault, Toohey, Vezey Excused: Ivan, Long, Moses, Nicholia, Williams Absent: Sanders And so, Amendment No. 9 was not adopted. The question being: Shall CSHB 342(RES) am pass the House? The roll was taken with the following result: CSHB 342(RES) am Third Reading Final Passage YEAS: 25 NAYS: 8 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Kott, Mackie, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Robinson 1996-04-26 House Journal Page 4062 HB 342 Excused: Ivan, Long, Moses, Nicholia, Williams Absent: Masek, Sanders And so, CSHB 342(RES) am passed the House. Representative Brown gave notice of reconsideration of her vote on CSHB 342(RES) am. RECONSIDERATION SB 162 Representative Kubina moved and asked unanimous consent that the reconsideration of CSSB 162(FIN) (page 4060) be taken up on the same day. Representative Vezey objected and withdrew the objection. There being no further objection, it was so ordered. The following was again before the House in third reading: 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 question to be reconsidered: Shall CSSB 162(FIN) pass the House? The roll was taken with the following result: CSSB 162(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis 1996-04-26 House Journal Page 4063 SB 162 Excused: Ivan, Long, Moses, Nicholia, Williams Absent: Foster, Sanders And so, CSSB 162(FIN) passed the House on reconsideration, was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE RESOLUTIONS HJR 66 The following was read the second time: HOUSE JOINT RESOLUTION NO. 66 Relating to opposing the American Heritage Areas Program. with the: Journal Page STA RPT 5DP 2NR 4036 ZERO FISCAL NOTE (H.STA/LAA) 4037 Amendment No. 1 was offered by Representative Porter: Page 1, following line 8 through line 14: Delete all material. Insert WHEREAS provisions should be made under the American Heritage Areas Program in federal legislation to allow private property owners to reject or withdraw their property from such labeling without penalty, and to allow private property owners to avoid such labeling entirely; and Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Brown objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Vezey moved and asked unanimous consent that HJR66 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 66 am was read the third time. 1996-04-26 House Journal Page 4064 HJR 66 The question being: Shall HJR 66 am pass the House? The roll was taken with the following result: HJR 66 am Third Reading Final Passage YEAS: 26 NAYS: 7 EXCUSED: 5 ABSENT: 2 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Robinson Excused: Ivan, Long, Moses, Nicholia, Williams Absent: Brice, Sanders And so, HJR 66 am passed the House. Representative Kelly gave notice of reconsideration of his vote on HJR 66 am. RECONSIDERATION SB 42 Representative Mulder moved and asked unanimous consent that the reconsideration (page 4009) of the following be held over until April 29, 1996: 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. There being no objection, it was so ordered. 1996-04-26 House Journal Page 4065 HJR 66 Representative Kelly moved and asked unanimous consent that the reconsideration of HJR 66 am (page 4064) be taken up on the same day. Representative Brown objected. The Speaker stated that the reconsideration would be held until April 29, 1996. **Representative Finkelstein was excused due to illness. SECOND READING OF SENATE RESOLUTIONS SCR 24 The following was read the second time: CS FOR SENATE CONCURRENT RESOLUTION NO. 24(RES) Relating to a division of game in the Alaska Department of Fish and Game and to management of game. with the: Journal Page RES RPT 4DP 4NR 3307 SENATE ZERO FN (S.RES/F&G) 2/23/96 3307 The question being: Shall CSSJR 24(RES) pass the House? The roll was taken with the following result: CSSCR 24(RES) Second Reading Final Passage YEAS: 23 NAYS: 5 EXCUSED: 6 ABSENT: 6 Yeas: Austerman, Brice, Bunde, G.Davis, Foster, Green, Hanley, James, Kelly, Kohring, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey Nays: Brown, Davies, B.Davis, Elton, Robinson Excused: Finkelstein, Ivan, Long, Moses, Nicholia, Williams 1996-04-26 House Journal Page 4066 SCR 24 Absent: Barnes, Grussendorf, Kott, Kubina, Sanders, Willis And so, CSSJR 24(RES) passed the House. Representative Brown gave notice of reconsideration of her vote on CSSJR 24(RES). SCR 25 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 25 Relating to supporting home schooling and establishing Alaska Home Education Week. with the: Journal Page HES RPT 7DP 3811 SENATE ZERO FISCAL NOTE (DOE) 3/14/96 3812 The question being: Shall SCR 25 pass the House? The roll was taken with the following result: SCR 25 Second Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 6 ABSENT: 3 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey Excused: Finkelstein, Ivan, Long, Moses, Nicholia, Williams Absent: Barnes, Sanders, Willis And so, SCR 25 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 1996-04-26 House Journal Page 4067 SJR 37 The following was read the second time: SENATE JOINT RESOLUTION NO. 37 Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska. with the: Journal Page RES RPT 5DP 1NR 3812 SENATE ZERO FISCAL NOTE (S.RES) 3/12/96 3812 Representative Vezey moved and asked unanimous consent that SJR37 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 37 was read the third time. The question being: Shall SJR 37 pass the House? The roll was taken with the following result: SJR 37 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Excused: Finkelstein, Ivan, Long, Moses, Nicholia, Williams Absent: Sanders And so, SJR 37 passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. 1996-04-26 House Journal Page 4068 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 - Art and Eleanor Braendel By Representatives Willis, Brice, Brown, B.Davis, Davies, Elton, James, Kohring, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams; Senators Halford, Phillips Honoring - The Veterans of Foreign Wars, Department of Alaska, Robert Lee Spencer Memorial VFW Post 7056 - Kodiak, 50th Anniversary, 51st Annual State Convention By Representatives Austerman, Phillips, Brice, B.Davis, Davies, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Williams, Willis; Senator Zharoff Honoring - Team Alaska, 1996 Boston Marathon By Representatives Toohey, Phillips, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Honoring - Specialist Brian M. Ross, Fort Richardson Soldier of the Year 1996 By Representatives Mulder, Kott, Phillips, Brice, B.Davis, Davies, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis; Senator Kelly 1996-04-26 House Journal Page 4069 Honoring - KTOO, KUAC, and KYUK Public Television Stations, 21st Century Awards By Representatives Elton, Robinson, Phillips, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Green, Grussendorf, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Parnell, Robinson, Sanders, Therriault, Toohey, Vezey, Williams, Willis; Senator Duncan Honoring - BP Teachers of Excellence By Representatives Brice, Phillips, Brown, Bunde, B.Davis, Davies, Elton, Green, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Martin, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Vezey, Williams, Willis Honoring - Charles Lazaration, 1996 King Regent, Igloo #4, Pioneers of Alaska, Fairbanks By Senators Sharp, Frank, Miller; Representatives Phillips, Brice, B.Davis, Davies, Elton, James, Kelly, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis Honoring - Evolyn (Baker) Melville, 1996 Queen Regent, Auxiliary #8 Pioneers of Alaska, Fairbanks By Senators Sharp, Miller, Frank; Representatives Phillips, Brice, B.Davis, Davies, Elton, Kott, Mackie, Mulder, Nicholia, Robinson, Sanders, Therriault, Toohey, Williams Honoring - Kelvin Brush Christianson, Founder of UAA Hockey By Senator Phillips; Representatives Willis, Rokeberg, Phillips, Davies, B.Davis, G.Davis, Elton, Green, Kohring, Kott, Mackie, Mulder, Navarre, Nicholia, Robinson, Sanders, Toohey, Williams Honoring - Matthew and Bessie Fred, 50th Wedding Anniversary By Senator Zharoff; Representatives Phillips, Brice, Davies, B.Davis, Elton, Kott, Mackie, Navarre, Nicholia, Robinson, Sanders, Toohey, Williams Honoring - City of Homer Centennial, 1896-1996 By Senator Torgerson; Representatives Phillips, Davies, B.Davis, G.Davis, Elton, Green, Ivan, Kohring, Kott, Mackie, Masek, Mulder, Navarre, Nicholia, Robinson, Sanders, Toohey, Williams 1996-04-26 House Journal Page 4070 Honoring - Irene Webber By Senator Lincoln; Representatives Kubina Brice, Davies, B.Davis, Elton, Ivan, Kott, Mackie, Navarre, Nicholia, Robinson, Sanders, Toohey, Williams In Memoriam - Mary P. Fridley By Representatives Toohey, Phillips, B.Davis, Elton, Ivan, Kott, Mackie, Mulder, Nicholia, Robinson, Sanders, Williams In Memoriam - Alice Moses By Senator Lincoln; Representatives Nicholia, Phillips, Brice, Davies, B.Davis, Elton, Ivan, Kott, Mackie, Mulder, Robinson, Sanders, Toohey, Williams In Memoriam - Laurita Hefner By Senator Pearce; Representatives Toohey, Phillips, B.Davis, Elton, Ivan, Kott, Mackie, Mulder, Nicholia, Robinson, Sanders, Williams RECONSIDERATION HB 529 Representative Therriault moved and asked unanimous consent that the reconsideration (page 4005) of the following be held until April 29, 1996: 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. Objection was heard. Representative Therriault moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Therriault brought up reconsideration of the vote on HB 529. HB 529 was again before the House in third reading. Representative Brown placed a call of the House. 1996-04-26 House Journal Page 4071 HB 529 The call was satisfied. The question to be reconsidered: Shall HB 529 pass the House? The roll was taken with the following result: HB 529--RECONSIDERATION Third Reading Final Passage YEAS: 23 NAYS: 11 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Brown, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Kohring, Kott, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Willis Nays: Brice, Davies, Elton, Grussendorf, James, Kelly, Kubina, Mackie, Robinson, Therriault, Vezey Excused: Finkelstein, Ivan, Long, Moses, Nicholia, Williams And so, HB 529 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SPECIAL ORDER OF BUSINESS Representative Vezey moved and asked unanimous consent that the following citation be taken up as a Special Order of Business at this time: Honoring - Darlene Pasley, Fairbanks Service Area Manager, Alaska Department of Labor By Representatives Davies, Brice, James, Navarre, Therriault There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. 1996-04-26 House Journal Page 4072 UNFINISHED BUSINESS HB 212 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 3945) on the following at this time: CS FOR HOUSE BILL NO. 212(FIN) An Act relating to the management and sale of state timber and relating to the administration of forest land and classification of state land. and SENATE CS FOR CS FOR HOUSE BILL NO. 212(RES) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 212(FIN), thus adopting SCS CSHB 212(RES), and recommended that the members vote yes. The question being: Shall the House concur in the Senate amendment to CSHB 212(FIN)? The roll was taken with the following result: SCS CSHB 212(RES) Concur YEAS: 29 NAYS: 5 EXCUSED: 6 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brown, Davies, B.Davis, Elton, Kubina Excused: Finkelstein, Ivan, Long, Moses, Nicholia, Williams 1996-04-26 House Journal Page 4073 HB 212 Green changed from "Nay" to "Yea". Kott changed from "Nay" to "Yea". Willis changed from "Nay" to "Yea". Kubina changed from "Yea" to "Nay". And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 212(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 212(RES) was referred to the Chief Clerk for enrollment. HB 335 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 3792) on the following at this time: 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. and the following committee substitute with a title change authorized by SCR 27 (page 4047): 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. There being no objection, it was so ordered. 1996-04-26 House Journal Page 4074 HB 335 Representative Vezey moved that the House concur in the Senate amendment to CSHB 335(RES)(title am), thus adopting SCS CSHB 335(FIN). The question being: Shall the House concur in the Senate amendment to CSHB 335(RES)(title am)? The roll was taken with the following result: SCS CSHB 335(FIN) Concur YEAS: 31 NAYS: 2 EXCUSED: 6 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, James, Kelly, Kohring, Kott, Kubina, Mackie, Martin, Masek, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Nays: Brown, Davies Excused: Finkelstein, Ivan, Long, Moses, Nicholia, Williams Absent: Elton And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 335(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 335(FIN) was referred to the Chief Clerk for enrollment. Representative Vezey moved and asked unanimous consent that the following members be excused from a call of the House. There being no objection, the members were excused as noted: 1996-04-26 House Journal Page 4075 Representative Masek - from 6:00 p.m., April 26 to 9:17 p.m. plane time, April 29, 1996 Representative Ivan - from 11:30 a.m., April 26 (page 4027) to 8:30 p.m., April 28, 1996 Representative Nicholia - from 10:52 a.m., April 26 (page 4027) to 5:55 p.m. plane time, April 28, 1996 Representative Long - from 10:52 a.m., April 26 (page 4027) to 9:30 a.m., plane time, April 29, 1996 Representative Moses - from 10:52 a.m., April 26 (page 4027) to 10:00 a.m. plane time, April 27, 1996 UNFINISHED BUSINESS HB 552 Representative Kott moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 552 An Act relating to employment in mining operations. There being no objection, HB 552 was withdrawn. SB 198 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area. CSSB 198(FIN) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 1996-04-26 House Journal Page 4076 HB 198 Representative Ivan added his name as cosponsor to: CS FOR HOUSE BILL NO. 198(STA) An Act relating to absences from the state for purposes of eligibility for permanent fund dividends to care for a terminally ill parent, spouse, sibling, child, or stepchild; to care for a parent, spouse, sibling, child, or stepchild with a critical life-threatening illness whose treatment plan, as recommended by the attending physician, requires travel outside the state for treatment at a medical specialty complex; and to settle the estate of a deceased parent, spouse, sibling, child, or stepchild; and providing for an effective date. HB 342 Representatives Kelly and Ogan added their names as cosponsors to: CS FOR HOUSE BILL NO. 342(RES) AM An Act relating to water quality. SCR 24 Representatives Ogan and James added their names as cross sponsors to: CS FOR SENATE CONCURRENT RESOLUTION NO. 24(RES) Relating to a division of game in the Alaska Department of Fish and Game and to management of game. SCR 25 Representatives Ogan and James added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 25 Relating to supporting home schooling and establishing Alaska Home Education Week. SJR 37 Representatives Green, Ogan, G.Davis and James added their names as cross sponsors to: 1996-04-26 House Journal Page 4077 SJR 37 SENATE JOINT RESOLUTION NO. 37 Urging the United States Congress to give an affirmative expression of approval to a policy authorizing the state to regulate, restrict, or prohibit the export of unprocessed logs harvested from its land and from the land of its political subdivisions and the University of Alaska. SB 162 Representatives Ogan and James added their names as cross sponsors to: 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. SB 193 Representative Phillips added her name as cross sponsor to: CS FOR SENATE BILL NO. 193(L&C) An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. SB 230 Representative Toohey added her name as cross sponsor to: CS FOR SENATE BILL NO. 230(FIN) An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. 1996-04-26 House Journal Page 4078 ENGROSSMENT HB 198 CSHB 198(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 204 CSHB 204(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 529 HB 529 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 543 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. 543(FIN)(title am) An Act establishing the procedures and conditions for lessees of land leases at state airport and air navigational facilities, including leases in holdover status to receive a new lease of the same land or an extended term of the existing lease; and relating to the title and ownership, and the sale, removal, and other disposition, of permanent improvements made to a leasehold under an airport or air navigational facility lease. ENROLLMENT HCR 32 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 11:15 a.m., April 25, 1996: HOUSE CONCURRENT RESOLUTION NO. 32 Establishing YUKLA 27 Remembrance Day. 1996-04-26 House Journal Page 4079 HB 231 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 11:15 a.m., April 25, 1996: HOUSE BILL NO. 231 An Act relating to the interview requirements of the State Medical Board. HB 392 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 11:15 a.m., April 25, 1996: HOUSE BILL NO. 392 am An Act relating to the reinstatement of dissolved Native village corporations, and to the affirmative vote necessary to amend the articles of incorporation of Native village corporations to authorize the classification of directors. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Technical Session 6:30 p.m., 4/28 Majority Caucus Speaker's Chamber 7:00 p.m., 4/28 Minority Caucus 10:00 a.m., 4/29 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 6:30 p.m. April 28, 1996, for a technical session. There being no objection, the House adjourned at 6:59 p.m. Suzi Lowell Chief Clerk