Legislature(1995 - 1996)
1996-05-01 House Journal
Full Journal pdf1996-05-01 House Journal Page 4185 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday May 1, 1996 One Hundred Fifteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:32 a.m. Roll call showed 36 members present. Representatives Davies, Finkelstein, Hanley and Kubina were absent and their presence was noted later. The invocation was offered by the Chaplain, Father Jef Johnson of the Saint Paul the Apostle Catholic Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgement is decreed. Assist with Your spirit of counsel and fortitude these legislators. May their work be conducted in righteousness, and be eminently useful to Your people over whom they preside. May they encourage due respect for virtue and religion. May they act with justice and mercy. We commend to Your unbounded mercy all who dwell in this state. 1996-05-01 House Journal Page 4186 Bless us and all people with the peace which the world cannot give. We pray to You, who are Lord and God, for ever and ever. Amen. The Pledge of Allegiance was led by Representative G.Davis. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 114th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. Representative Toohey presented the Up With People singing group led by Claudia Beeler. The group sang Alaska's Flag Song and the Up With People song. REPORTS OF STANDING COMMITTEES SB 257 The Resources Committee has considered: SENATE BILL NO. 257 am An Act relating to the taking of game or fish for public safety purposes. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (9) Davies, Nicholia, Williams, Ogan, Barnes, Kott, Long, Green, Austerman The following fiscal notes apply: Senate zero fiscal note, Dept. of Fish & Game, 2/21/96 Senate zero fiscal note, Dept. of Public Safety, 3/25/96 Senate zero fiscal note, Dept. of Public Safety, 3/25/96 1996-05-01 House Journal Page 4187 SB 257 SB 257 am was referred to the Judiciary Committee. SB 283 The Resources Committee has considered: CS FOR SENATE BILL NO. 283(RLS) 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. The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (7): Davies, Williams, Green, Ogan, Austerman, Kott, Long The following fiscal note applies: Senate indeterminate fiscal note, Dept. of Natural Resources, 2/9/96 CSSB 283(RLS) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Willie Lewis on his Retirement, Laborers Local Union 942 By Representative Brice In Memoriam - Duane Skip Snedden By Representative Brice INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 by the House Community & Regional Affairs Committee: 1996-05-01 House Journal Page 4188 HCR 36 Recognizing the importance of, and acknowledging the contributions by, the commercial fishing and seafood processing industry to the State of Alaska. was read the first time and referred to the Rules Committee. **The presence of Representative Davies was noted. HCR 37 HOUSE CONCURRENT RESOLUTION NO. 37 by the House Health, Education & Social Services Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 244, relating to school construction grants and state aid for education. was read the first time and referred to the Rules Committee for placement on the calendar. **The presence of Representative Kubina was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 548 The Speaker stated that, without objection, the following would be moved to the bottom of the calendar: 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. 1996-05-01 House Journal Page 4189 HB 550 The following was read the second time: HOUSE BILL NO. 550 An Act relating to investments by fiduciaries; and providing for an effective date. with the: Journal Page L&C RPT 2DP 4NR 4123 ZERO FISCAL NOTE (DCED) 4123 Representative Vezey moved and asked unanimous consent that HB550 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 550 was read the third time. The question being: Shall HB 550 pass the House? The roll was taken with the following result: HB 550 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Absent: Brown, Finkelstein, Hanley, Williams And so, HB 550 passed the House. 1996-05-01 House Journal Page 4190 HB 550 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 550 was referred to the Chief Clerk for engrossment. **The presence of Representative Hanley was noted. RECONSIDERATION SB 229 Representative Sanders brought up reconsideration of the vote on CSSB 229(L&C) (page 4150). The following was again before the House in third reading: CS FOR SENATE BILL NO. 229(L&C) An Act relating to employment contributions, to the calculation of unemployment insurance benefits, and to the state training and employment program; and providing for an effective date. The question to be reconsidered: Shall CSSB 229(L&C) pass the House? The roll was taken with the following result: CSSB 229(L&C)--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Willis Absent: Finkelstein, Williams And so, CSSB 229(L&C) passed the House on reconsideration. 1996-05-01 House Journal Page 4191 SB 229 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 229(L&C) was signed by the Speaker and Chief Clerk and returned to the Senate. SECOND READING OF HOUSE BILLS (continued) HB 136 The Speaker stated that, without objection, the following would be moved down the calendar to follow CSSB 198(FIN): CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area. SECOND READING OF SENATE BILLS SB 198 The following was read the second time: CS FOR SENATE BILL NO. 198(FIN) An Act establishing the Homer Airport Critical Habitat Area. with the: Journal Page RES RPT HCS(RES) 3DP 3NR 3953 SENATE ZERO FISCAL NOTE (DNR) 3/22/96 3953 SENATE ZERO FISCAL NOTE (F&G) 3/14/96 3953 FIN REFERRAL WAIVED 4075 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. 198(RES) (same title) There being no objection, it was so ordered. 1996-05-01 House Journal Page 4192 SB 198 Representative Vezey moved and asked unanimous consent that HCS CSSB 198(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 198(RES) was read the third time. The question being: Shall HCS CSSB 198(RES) pass the House? The roll was taken with the following result: HCS CSSB 198(RES) Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Brown, Bunde, Davies, G.Davis, Elton, Green, Grussendorf, Ivan, James, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Toohey, Williams, Willis Nays: Barnes, Brice, B.Davis, Foster, Hanley, Kelly, Kohring, Long, Parnell, Sanders, Therriault, Vezey Absent: Finkelstein And so, HCS CSSB 198(RES) passed the House. Representative Kubina gave notice of reconsideration of his vote on HCS CSSB 198(RES). SECOND READING OF HOUSE BILLS (Continued) HB 136 The following, which had been moved down the calendar to follow CSSB 198(FIN), was read the second time: HOUSE BILL NO. 136 An Act mandating the sale of the Alaska Railroad; and providing for an effective date. 1996-05-01 House Journal Page 4193 HB 136 with the: Journal Page TRA RPT CS(TRA) NT 1DP 5NR 1AM 3691 INDETERMINATE FISCAL NOTE (DCED) 3692 FISCAL NOTE (LAW) 3692 2 ZERO FISCAL NOTES (GOV, DOT) 3692 STA RPT CS(STA) NT 2DNP 5NR 4097 FISCAL NOTE (H.STA/DCED) 4098 FIN RPT CS(FIN) NT 2DP 1DNP 5NR 4122 FISCAL NOTE (H.STA/DCED) 4/29/96 4123 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. 136(FIN) An Act relating to the establishment and operation of the Alaska Railroad Commission to determine whether sale of the Alaska Railroad is in the best interest of the state; and providing for an effective date. There being no objection, it was so ordered. **The presence of Representative Finkelstein was noted. Amendment No. 1 was offered by Representative Navarre: Page 1, line 7: Delete "five" Insert "seven" Delete "One member" Insert "Three members" Representative Navarre moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Martin objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: 1996-05-01 House Journal Page 4194 HB 136 CSHB 136(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 21 EXCUSED: 0 ABSENT: 5 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Long, Mackie, Navarre, Nicholia, Robinson, Therriault, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Martin, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Toohey, Vezey, Williams Absent: Hanley, Kubina, Masek, Moses, Sanders And so, Amendment No. 1 was not adopted. Representative Vezey placed a call of the House. Amendment No. 2 was offered by Representative Navarre: Page 2, line 22: Delete "November 1, 1996" Insert "February 1, 1997" Page 2, line 25: Delete "November 1," Insert "December 1," Page 2, line 31: Delete "January 13," Insert "March 1," Page 3, line 19: Delete "January 13," Insert "March 1," Page 4, line 31: Delete "January 13," Insert "March 1," 1996-05-01 House Journal Page 4195 HB 136 Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Barnes objected. Representative Vezey lifted the call. Representative Navarre placed a call of the House and lifted the call. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 136(FIN) Second Reading Amendment No. 2 YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Ivan, James, Kohring, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Robinson, Rokeberg, Therriault, Willis Nays: Austerman, Barnes, Bunde, Hanley, Kelly, Kott, Martin, Masek, Moses, Ogan, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative James: Page 4, following line 10: Insert a subparagraph to read: (F) extend to the State of Alaska a first right of refusal to purchase all or part of the railroad, if the purchaser offers to sell all or part of the railroad; Reletter the following subparagraphs accordingly. Representative James moved and asked unanimous consent that Amendment No. 3 be adopted. 1996-05-01 House Journal Page 4196 HB 136 Objection was heard. Amendment to Amendment No. 3 was offered by Representative Rokeberg: Under (F), following refusal: Insert or option Representative Rokeberg moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. There being no objection, it was so ordered. Representative Robinson placed a call of the House and lifted the call. The question being: Shall Amendment No. 3 as amended be adopted? The roll was taken with the following result: CSHB 136(FIN) am Second Reading Amendment No. 3 as amended YEAS: 29 NAYS: 9 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kohring, Kubina, Mackie, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Willis Nays: Austerman, Barnes, Kelly, Kott, Long, Martin, Masek, Sanders, Williams Absent: Finkelstein, Hanley And so, Amendment No. 3 as amended was adopted. Representative Vezey moved and asked unanimous consent that CSHB136(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected. 1996-05-01 House Journal Page 4197 HB 136 The Speaker stated that CSHB 136(FIN) am will be in third reading on the May 2, 1996, calendar. SECOND READING OF SENATE BILLS SB 165 The following was read the second time: CS FOR SENATE BILL NO. 165(L&C) An Act relating to psychologists and psychological associates. with the: Journal Page ECD AND L&C REFERRAL ADDED 3682 HES RPT HCS(HES) 1DP 5NR 3698 SENATE ZERO FISCAL NOTE (DCED) 1/18/96 3698 ECD REFERRAL WAIVED 3935 L&C REFERRAL WAIVED 4019 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. 165(HES) (same title) There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSCSSB 165(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 165(HES) was read the third time. The question being: Shall HCS CSSB 165(HES) pass the House? The roll was taken with the following result: 1996-05-01 House Journal Page 4198 SB 165 HCS CSSB 165(HES) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Mackie, Ogan And so, HCS CSSB 165(HES) passed the House. Representative Navarre gave notice of reconsideration of his vote on HCS CSSB 165(HES). Representative Vezey moved and asked unanimous consent that the House recess until 7:00 p.m. There being no objection, the House recessed at 12:15 p.m. AFTER RECESS The Speaker called the House back to order at 7:20 p.m. A second quorum call showed 21 members present. SECOND READING OF SENATE BILLS (Continued) SB 112 The Speaker stated that, without objection, the following would be moved down the calendar to follow CSSCR 23(STA) am: CS FOR SENATE BILL NO. 112(RES) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. 1996-05-01 House Journal Page 4199 SB 316 The following was read the second time: SENATE BILL NO. 316(title am) An Act changing the term `disability' to `health' in the context of insurance coverage. with the: Journal Page L&C RPT 4DP 1NR 3957 SENATE ZERO FISCAL NOTE (DCED) 4/10/96 3957 Representative Vezey placed a call of the House. The call was satisfied. Representative Vezey moved and asked unanimous consent that SB316(title am) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 316(title am) was read the third time. The question being: Shall SB 316(title am) pass the House? The roll was taken with the following result: SB 316(title am) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 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, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, SB 316(title am) passed the House. Representative Navarre gave notice of reconsideration of his vote on SB 316(title am). 1996-05-01 House Journal Page 4200 SB 263 The following was read the second time: CS FOR SENATE BILL NO. 263(JUD) An Act relating to copyright licensing and royalties; and providing for an effective date. with the: Journal Page JUD RPT 5DP 1NR 3955 SENATE ZERO FISCAL NOTE (LAW) 4/9/96 3956 Representative Vezey moved and asked unanimous consent that CSSB263(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 263(JUD) was read the third time. Representative Brown moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Brown was required to vote. The question being: Shall CSSB 263(JUD) pass the House? The roll was taken with the following result: CSSB 263(JUD) Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Navarre And so, CSSB 263(JUD) passed the House. 1996-05-01 House Journal Page 4201 SB 263 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 Navarre gave notice of reconsideration of his vote on CSSB 263(JUD). THIRD READING OF SENATE BILLS SB 232 The following, which was advanced to third reading from the April 30, 1996, calendar (page 4153), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 232(FIN) am H An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals. The question being: Shall HCS CSSB 232(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 232(FIN) am H Third Reading Final Passage YEAS: 33 NAYS: 7 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Navarre, Willis And so, HCS CSSB 232(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. 1996-05-01 House Journal Page 4202 SB 250 The following, which was advanced to third reading from the April 30, 1996, calendar (page 4158), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 250(FIN) am H An Act relating to the University of Alaska and to assets of the University of Alaska; authorizing the University of Alaska to select additional state public domain land, designating that land as `university trust land,' and describing the principles applicable to the land's management and the development of its resources; and defining the net income from the University of Alaska's endowment trust fund as `university receipts' subject to prior legislative appropriation. The question being: Shall HCS CSSB 250(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 250(FIN) am H Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Brice, Davies, B.Davis, G.Davis, Foster, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brown, Bunde, Elton, Finkelstein, Grussendorf, Hanley, Masek, Navarre, Sanders, Willis Absent: Green, Moses And so, HCS CSSB 250(FIN) am H passed the House. Representative Bunde gave notice of reconsideration of his vote on HCS CSSB 250(FIN) am H. SB 321 The following, which was advanced to third reading from the April 30, 1996, calendar (page 4161), was read the third time: 1996-05-01 House Journal Page 4203 SB 321 HOUSE CS FOR SENATE BILL NO. 321(JUD) An Act relating to incompetency to stand trial. Representative Toohey rose to a point of order regarding inappropriate remarks. The Speaker cautioned the member. The question being: Shall HCS SB 321(JUD) pass the House? The roll was taken with the following result: HCS SB 321(JUD) Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, James, Navarre, Robinson, Therriault Absent: Green, Kubina, Mackie And so, HCS SB 321(JUD) passed the House. Representative Porter moved and asked unanimous consent that the House adopt the following letter of intent: The requirement that a defendant be mentally competent to stand trial does not mean that low intelligence or mental deficiency is enough to escape responsibility for criminal conduct. Nor does bizarre, volatile and irrational behavior necessarily mean that a given individual is incompetent to stand trial. A defendant need not have a complete understanding of legal nuances in order to understand the nature of the proceedings. The ability to comprehend the significance of a trial and the defendant's relation to it is sufficient. A defendant possesses a sufficient understanding of the 1996-05-01 House Journal Page 4204 SB 321 criminal process if the defendant understands that the prosecutor has alleged that the defendant engaged in conduct against the criminal law, that the prosecutor will attempt to convince a judge or jury that the defendant engaged in that conduct, that witnesses will tell the judge and jury what they know about the alleged criminal conduct, that the judge or jury will listen to the witnesses and decide whether the defendant did what the prosecutor alleged, and that the defendant's attorney will attempt to persuade the judge or jury to the contrary. A defendant understands the difference between a not guilty plea and a guilty plea if the defendant understands that a not guilty plea means the defendant is claiming the defendant did not do what the prosecutor is alleging and that a guilty plea means that the defendant is admitting that he or she did what the prosecutor is alleging. An understanding of the plea of nolo contendere is not a requirement for competency. The fact that defendant does not believe that the consequences of being found guilty will occur does not render the person unable to understand what the possible consequences are. A defendant can rationally assist in the defense if the defendant can remember and discuss basic information coherently. A defendant's inability to recall the facts surrounding the alleged offense does not necessarily lead to a finding of incompetence to stand trial. Moreover, the fact that a defendant rambles or digresses during discussions with counsel does not mean he or she cannot adequately assist in the defense. Competent defendants will on occasion ramble. Counsel can focus discussions by interrupting the defendant or asking more direct questions. A defendant can assist counsel even if the defendant's views are not consistent with the evidence or the most plausible explanation for the evidence. Mentally competent individuals often advance versions of the facts which conflict with the state's evidence, even when the state's evidence of the defendant's guilt is overwhelming. A defendant need not present consistent testimony in order to be capable of assisting in the defense. All that is required is the defendant be able to confer coherently with counsel and provide necessary information. The fact that a psychiatrist or defense counsel or judge thinks the defendant is taking positions adverse to his interests or is not acting in his or her best interest is insufficient to render a defendant incompetent to stand trial. Defendants often take positions that their attorneys 1996-05-01 House Journal Page 4205 SB 321 thinks are wrong-headed, and the fact that they make decisions which are contrary to their best interests does not render them incompetent to stand trial. A person cannot be judged incompetent simply for rejecting the advice of an attorney. Many mentally competent defendants distrust lawyers and the legal system. Therefore, a defendant's refusal to cooperate with counsel does not render the defendant unable to assist in the defense unless the defendant's refusal is the product of the mental disease or defect. Representative Brice objected. The question being: Shall the House letter of intent be adopted? The roll was taken with the following result: HCS SB 321(JUD) Letter of Intent YEAS: 33 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davies, Finkelstein, Navarre Absent: Green, Kubina And so, the House letter of intent was adopted. Representative Navarre gave notice of reconsideration of his vote on HCS SB 321(JUD). SECOND READING OF SENATE RESOLUTIONS SJR 31 The following was read the second time: 1996-05-01 House Journal Page 4206 SJR 31 CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) 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. with the: Journal Page JUD RPT 3DP 1DNP 3NR 4123 SENATE FISCAL NOTE (GOV) 2/13/96 4124 SENATE ZERO FISCAL NOTE (GOV) 2/13/96 4124 Representative Vezey moved and asked unanimous consent that CSSJR31(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSJR 31(FIN) was read the third time. The Speaker stated that, without objection, CSSJR 31(FIN) would be held in third reading until the May 2, 1996, calendar. SCR 23 The Speaker stated that, without objection, the following would be held until the May 2, 1996, calendar: CS FOR SENATE CONCURRENT RESOLUTION NO. 23(STA) am Relating to long range financial planning. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 89 The Finance Committee has considered: CS FOR SENATE BILL NO. 89(FIN) am An Act relating to the members of the board and staff of the Alaska Permanent Fund Corporation. 1996-05-01 House Journal Page 4207 SB 89 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 89(FIN) (same title) The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (7): Foster, Hanley, Mulder, Martin, Parnell, Kohring, Kelly No recommendation (4): Grussendorf, Navarre, Brown, Therriault The following fiscal note applies to HCS CSSB 89(FIN): Senate fiscal note, Dept. of Revenue, 3/8/96 CSSB 89(FIN) am was referred to the Rules Committee for placement on the calendar. SB 112 The Finance Committee has considered: CS FOR SENATE BILL NO. 112(RES) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 112(FIN) (same title) The report was signed by Representative Foster, Co-chair, with the following individual recommendations: Do pass (5): Foster, Mulder, Martin, Parnell, Kelly Amend (3): Brown, Grussendorf, Navarre 1996-05-01 House Journal Page 4208 SB 112 The following fiscal notes apply to HCS CSSB 112(FIN): Senate indeterminate fiscal note, Dept. of Revenue, 3/29/96 Senate fiscal note, Dept. of Natural Resources, 3/25/96 CSSB 112(RES) is on today's calendar. SB 201 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 201(FIN) An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources. The report was signed by Representative Kott, Chair, with the following individual recommendations: Do pass (4): Kott, Elton, Kubina, Porter No recommendation (1): Rokeberg The following fiscal notes apply: Senate fiscal note, Dept. of Natural Resources, 4/26/96 Senate zero fiscal note, Dept. of Public Safety, 3/25/96 CSSB 201(FIN) was referred to the Rules Committee for placement on the calendar. SB 320 The Finance 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 Foster, Co-chair, with the following individual recommendations: 1996-05-01 House Journal Page 4209 SB 320 Do pass (8): Foster, Martin, Parnell, Kohring, Grussendorf, Brown, Kelly, Therriault No recommendation (1): Navarre The following fiscal notes apply: Fiscal note, Dept. of Administration, 5/1/96 Senate fiscal note, Alaska Court System, 4/15/96 SB 320 was referred to the Rules Committee for placement on the calendar. SECOND READING OF SENATE BILLS (Continued) SB 112 The following, which had been moved down the calendar to follow CSSCR 23(STA) am, was read the second time: CS FOR SENATE BILL NO. 112(RES) An Act establishing a discovery royalty credit for the lessees of state land drilling exploratory wells and making the first discovery of oil or gas in an oil or gas pool in the Cook Inlet sedimentary basin. with the: Journal Page RES RPT HCS(RES) 3DP 2NR 1AM 4100 SENATE FISCAL NOTE (DNR) 3/25/96 4100 INDETERMINATE SEN FN (REV) 3/29/96 4100 FIN RPT HCS(FIN) 5DP 3AM 4207 INDETERMINATE SEN FN (REV) 3/29/96 4208 SENATE FISCAL NOTE (DNR) 3/25/96 4208 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. 112(FIN) (same title) 1996-05-01 House Journal Page 4210 SB 112 There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Brown and Martin: Page 2, line 3, following issued: Insert after the effective date of this Act Page 4, lines 15-21: Delete all material. Reletter the following subparagraphs accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 112(FIN) Second Reading Amendment No. 1 YEAS: 12 NAYS: 25 EXCUSED: 0 ABSENT: 3 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Martin, Masek, Mulder, Nicholia, Robinson Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Absent: Hanley, Navarre, Therriault Sanders changed from "Yea" to "Nay". Masek changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted.. Amendment No. 2 was offered by Representative Brown: 1996-05-01 House Journal Page 4211 SB 112 Page 3, line 30: Delete 180 Insert 270 Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Ogan objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: HCS CSSB 112(FIN) Second Reading Amendment No. 2 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kelly, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Parnell, Robinson, Therriault, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Ivan, James, Kohring, Kott, Martin, Ogan, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams Absent: Hanley, Moses And so, Amendment No. 2 was not adopted.. Amendment No. 3 was offered by Representatives Rokeberg and Green: Page 3, lines 15-20: Delete all material. Reletter the following subparagraphs accordingly. Representative Rokeberg moved and asked unanimous consent that Amendment No. 3 be adopted. 1996-05-01 House Journal Page 4212 SB 112 Objection was heard. Representative Rokeberg moved and asked unanimous consent to withdraw Amendment No. 3. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that HCSCSSB 112(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The question being: Shall HCS CSSB 112(FIN) be advanced to third reading on the same day? The roll was taken with the following result: HCS CSSB 112(FIN) Second Reading Advance to Third Reading YEAS: 26 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Moses And so, lacking the necessary 30 votes, HCS CSSB 112(FIN) failed to advance and will be in third reading on the May 2, 1996, calendar. SECOND READING OF HOUSE BILLS (Continued) HB 548 The Speaker stated that, without objection, the following, which had been moved to the bottom of the calendar (page 4188), would be held until the May 2, 1996, calendar: 1996-05-01 House Journal Page 4213 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. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: In Memoriam - Arthur Hirth, Jr. By Representatives Phillips, Davies, G.Davis, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Larry Edward Larionoff By Senator Zharoff; Representatives Austerman, Phillips, Davies, G.Davis, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Masek, Nicholia, Ogan, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Jack Christiansen, Sr. By Senator Zharoff; Representatives Austerman, Sanders, Phillips, Davies, G.Davis, B.Davis, Elton, Foster, Ivan, James, Kott, Kubina, Long, Mackie, Masek, Nicholia, Ogan, Robinson, Rokeberg, Toohey, Vezey, Williams, Willis UNFINISHED BUSINESS HCR 36 Representative Austerman, Co-chair of the Community & Regional Affairs Committee, moved and asked unanimous consent to withdraw the following: HOUSE CONCURRENT RESOLUTION NO. 36 Recognizing the importance of, and acknowledging the contributions by, the commercial fishing and seafood processing industry to the State of Alaska. 1996-05-01 House Journal Page 4214 HCR 36 There being no objection, HCR 36 was withdrawn. HB 414 The Speaker added a referral to the Finance Committee for: HOUSE BILL NO. 414 An Act requiring conciliation panel review in a civil action against an architect, engineer, or land surveyor; and providing for an effective date. HB 414 was removed from the Rules Committee and referred to the Finance Committee. SB 199 The Speaker added a referral to the Finance Committee to follow the Labor & Commerce Committee referral for: CS FOR SENATE BILL NO. 199(FIN) An Act relating to environmental audits and health and safety audits to determine compliance with certain laws, permits, and regulations. CSSB 199(FIN) is in the Resources Committee. SJR 5 Representative Green added his name as cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 5(RLS) Supporting an amendment to the Constitution of the United States establishing the rights of victims of crimes. SB 194 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: 1996-05-01 House Journal Page 4215 SB 194 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. ENGROSSMENT HB 482 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. 482(FIN) am 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. HB 550 HB 550 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 232 HCS CSSB 232(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1996-05-01 House Journal Page 4216 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 2, 1996. There being no objection, the House adjourned at 9:28 p.m. Suzi Lowell Chief Clerk