Legislature(1995 - 1996)
1996-05-02 House Journal
Full Journal pdf1996-05-02 House Journal Page 4219 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday May 2, 1996 One Hundred Sixteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 10:21 a.m. Roll call showed 33 members present. Representatives Barnes, Brice, Finkelstein, Hanley, Kott, Masek and Therriault 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: All powerful and ever-living God, Bless the work of those gathered here today. Your Son spoke a message of peace and taught us to live as brothers and sisters. His message took form in the vision of our founders as they fashioned a nation where all might live as one. This message lives on in our midst as a task for us today and a promise for tomorrow. We thank You, Father, for Your blessings in the past and for all that, with Your help, we must yet achieve. 1996-05-02 House Journal Page 4220 Almighty God, You know the longings of our hearts and You protect our rights. In Your goodness watch over these legislators, and all those in authority, so they may help lead us to freedom, security, and peace. Father, You guide and govern everything with order and love. Look upon these, Your servants, and fill them with the spirit of Your wisdom. May they act this day, and all days, in accordance with Your will and may their decisions act for the peace and well-being of all. All this we ask through the Mercy of Your Son, Jesus Christ the Lord. Amen. The Pledge of Allegiance was led by Representative Elton. CERTIFICATION OF THE JOURNAL Representative Vezey moved and asked unanimous consent that the journal for the 115th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 58 A message dated May 1, 1996, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 58(RES) Relating to reauthorization and reform of the Endangered Species Act. CSHJR 58(RES) was referred to the Chief Clerk for enrollment. 1996-05-02 House Journal Page 4221 HB 397 A message dated May 1, 1996, was read stating the Senate has passed: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) An Act relating to the fisheries resource landing tax and to the seafood marketing assessment; and providing for an effective date. CSSSHB 397(FIN) was referred to the Chief Clerk for enrollment. HB 480 A message dated May 1, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 480(HES) An Act relating to physician assistants. CSHB 480(HES) was referred to the Chief Clerk for enrollment. HB 497 A message dated May 1, 1996, was read stating the Senate has passed: HOUSE BILL NO. 497 An Act relating to chiropractic peer review; and providing for an effective date. HB 497 was referred to the Chief Clerk for enrollment. HB 341 A message dated May 1, 1996 was read stating the Senate has passed CSHB 341(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 341(FIN) An Act relating to administrative adjudication and judicial appeals and to the informal resolution of certain factual disputes between taxpayers and the Department of Revenue; establishing 1996-05-02 House Journal Page 4222 HB 341 the office of tax appeals as a quasi-judicial agency in the Department of Administration; revising the procedures for hearing certain tax appeals, including appeals regarding seafood marketing assessments; relating to consideration and determination by the superior court of disputes involving certain taxes and penalties due, and amending provisions relating to the assessment, levy, and collection of taxes and penalties by the state and to the tax liability of taxpayers; providing for the release of agency records relating to formal administrative tax appeals; relating to litigation disclosure of public records; clarifying administrative subpoena power in certain tax matters; and providing for an effective date. CSHB 341(FIN) is under Unfinished Business. HB 93 A message dated May 1, 1996, was read stating the President has appointed the following members to a Conference Committee: Senator Green, Chair Senator Miller Senator Salo to meet with the like committee from the House to consider: HOUSE BILL NO. 93 am An Act relating to the duty-free mealtime for teachers in certain school facilities. and SENATE CS FOR HOUSE BILL NO. 93(HES) (same title) The House members of the Conference Committee are Representative James, Chair; and Representatives Mulder and Kubina. 1996-05-02 House Journal Page 4223 SB 6 A message dated May 1, 1996, was read stating the President has appointed the following members to a 2d Free Conference Committee: Senator Kelly, Chair Senator Frank Senator Salo to meet with the like committee from the House to consider: HOUSE CS FOR SENATE BILL NO. 6(CRA) 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. and SENATE BILL NO. 6 am (same title) The House members of the 2d Free Conference Committee are Representative Austerman, Chair; and Representatives Therriault and Long. SB 86 A message dated May 1, 1996, was read stating the Senate has concurred in the House amendment to CSSB 86(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 86(FIN) An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date. SB 274 A message dated May 1, 1996, was read stating the Senate has concurred in the House amendment to CSSB 274(TRA) am, thus adopting: 1996-05-02 House Journal Page 4224 SB 274 HOUSE CS FOR CS FOR SENATE BILL NO. 274(TRA) An Act relating to the noise levels of airports and sport shooting facilities. **The presence of Representative Kott was noted. SB 296 A message dated May 1, 1996, was read stating the Senate has concurred in the House amendment to CSSB 296(JUD), thus adopting: HOUSE CS FOR 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. A message dated May 1, 1996, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 141 CS FOR SENATE BILL NO. 141(RLS) am by the Senate Rules Committee, entitled: An Act relating to legislative and executive branch ethics; relating to the conduct of lobbyists with respect to public officials; relating to campaigning by state employees; relating to the filing of financial disclosures by certain state employees and officials; making a conforming amendment to the definition of `public official' for employment security statutes; and providing for an effective date. was read the first time and referred to the Finance Committee. 1996-05-02 House Journal Page 4225 SB 141 The Senate adopted a Senate Letter of Intent (page 3751 of the Senate Journal). **The presence of Representative Barnes was noted. SB 191 CS FOR SENATE BILL NO. 191(FIN) by the Senate Finance Committee, entitled: An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date. was read the first time and referred to the Finance Committee. **The presence of Representative Brice was noted. SB 265 CS FOR SENATE BILL NO. 265(FIN) by the Senate Finance Committee, entitled: An Act relating to the definition of program receipts; and providing for an effective date. was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES SJR 5 The Judiciary Committee has considered: 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. 1996-05-02 House Journal Page 4226 SJR 5 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Vezey, Bunde, Green The following fiscal note applies: Senate zero fiscal note, Senate Rules Committee, 4/25/96 CSSSSJR 5(RLS) was referred to the Rules Committee for placement on the calendar. SB 199 The Resources Committee has considered: 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. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 199(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (1): Ogan No recommendation (5): Long, Williams, Green, Kott, Austerman Amend (1): Nicholia The following fiscal notes apply to HCS CSSB 199(RES): Senate fiscal note, Dept. of Environmental Conservation, 4/3/96 Senate fiscal note, Dept. of Natural Resources, 4/3/96 1996-05-02 House Journal Page 4227 SB 199 Senate fiscal note, Dept. of Fish & Game, 3/12/96 Senate zero fiscal note, Dept. of Transportation & Public Facilities, 4/3/96 Senate zero fiscal note, Dept. of Military & Veterans' Affairs, 3/12/96 CSSB 199(FIN) was referred to the Labor & Commerce Committee. SB 253 The State Affairs 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 James, Chair, with the following individual recommendations: Do pass (2): Robinson, Willis Do not pass (3): James, Porter, Green No recommendation (2): Ivan, Ogan The following fiscal notes apply to HCS CSSB 253(HES): Senate zero fiscal note, Dept. of Administration/All Depts., 4/3/96 Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/14/96 CSSB 253(FIN) was referred to the Rules Committee for placement on the calendar. 1996-05-02 House Journal Page 4228 SB 262 The Resources Committee has considered: CS FOR SENATE BILL NO. 262(RES)(ct rule fld) An Act relating to management of game populations for maximum sustained yield for human harvest and providing for the replacement of areas closed to consumptive uses of game; relating to management of fish and game areas. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 262(RES) (same title) The report was signed by Representative Green, Co-chair, with the following individual recommendations: Do pass (2): Ogan, Barnes Do not pass (2): Davies, Long No recommendation (5): Kott, Nicholia, Williams, Green, Austerman The following fiscal note applies to HCS CSSB 262(RES): Senate zero fiscal note, Dept. of Fish & Game, 3/12/96 CSSB 262(RES)(ct rule fld) was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alyssa Strom By Representative Ivan; Senator Hoffman Honoring - J. C. Thomas, Fairbanks Postmaster By Representative Davies 1996-05-02 House Journal Page 4229 Honoring - George and Susan Malekos, the North Slope Restaurant By Representative Willis; Senator Halford Honoring - Jess Hall By Representatives Ogan, Kohring Honoring - Huffman Elementary School PTA By Representative Green Honoring - Angie Schmitz & Michelle Shinners By Representative Williams; Senator Taylor Honoring - Ruth Ellen Hanson By Representative Ogan In Memoriam - Jimmy Nixon By Representative Austerman; Senator Zharoff In Memoriam - Eldon Lester By Representative Austerman; Senator Zharoff In Memoriam - Geraldine Ina Gardner By Representative Williams; Senator Taylor In Memoriam - Bessie Nicholson Representative Ivan; Senator Hoffman In Memoriam - Tamara Lynn Etuckmelra By Representative Ivan; Senator Hoffman In Memoriam - Micah Aaron Campbell By Representative Ogan In Memoriam - Theodore Teddy Domminic Harding-Richardson By Representative Ogan In Memoriam - Dorothy Mae Owens Hood By Representative B.Davis In Memoriam - Tina Tapley By Senator Lincoln; Representative Kubina 1996-05-02 House Journal Page 4230 In Memoriam - Carl Moses, Jr. By Senator Lincoln **The presence of Representative Masek was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 548 The following, which had been held to today's calendar (page 4212), was read the second time: 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. with the: Journal Page WTR REFERRAL ADDED 4019 RES RPT CS(RES) NT 3NR 3AM 4040 FISCAL NOTE (DNR) 3/28/96 4041 WTR RPT CS(WTR) NT 5DP 1NR 4143 FISCAL NOTE (WTR CMTE/DNR) 4144 FISCAL NOTE (DNR) 3/28/96 4144 FIN RPT CS(WTR) NT 5DP 1DNP 2NR 4166 FISCAL NOTE (DNR #3) 4166 FISCAL NOTE (WTR CMTE/DNR #2) 4166 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. 548(WTR) 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. There being no objection, it was so ordered. 1996-05-02 House Journal Page 4231 HB 548 Amendment No. 1 was offered by Representative Davies: Page 5, line 21: Delete "The" Insert "Subject to (c) of this section, the" Page 7, following line 22: Insert a new subsection to read: "(c) The commissioner of natural resources may not exercise the authority granted in (b) of this section unless the lessee and the state reach an agreement by which the lessee commits to contract with Alaska firms to fabricate the modules referred to in (b) of this section in Alaska." Page 7, line 25, following "sec. 3(b)": Insert "and (c)" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Barnes objected. **The presence of Representatives Therriault and Finkelstein was noted. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSHB 548(WTR) Second Reading Amendment No. 1 YEAS: 9 NAYS: 30 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, Finkelstein, Grussendorf, Kubina, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Elton, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-05-02 House Journal Page 4232 HB 548 Absent: Hanley And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Davies: Page 5, line 21, through page 7, line 22: Delete all material and insert: "(b) The commissioner of natural resources may amend the Northstar Unit leases described in (a) of this section substantially as set out in the "First Amendment to the Northstar Unit Leases Between the State of Alaska and BP Exploration (Alaska) Inc.," dated March22, 1996, except that in lieu of the provisions of the paragraphs of the 1980 leases and the 1983 lease by which the royalty, or base royalty, rate is determined, subject to verification of employment data by the commissioner of labor, and subject to mathematical calculation by the commissioner of revenue as may be necessary to determine a royalty or base royalty rate not set out in the following table based on proportional interpolation to the percentages shown, the royalty or base royalty rate is determined as follows: When the percentage of qualified state residents employed in jobs related to the development of the The royalty or base royalty lease is: rate is: at least 90 percent 20.0 percent 85 percent 20.5 percent 80 percent 21.0 percent 75 percent 21.5 percent 70 percent 22.0 percent 65 percent 22.5 percent 60 percent 23.0 percent 55 percent 23.5 percent 50 percent or less 24.0 percent." Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Barnes objected. 1996-05-02 House Journal Page 4233 HB 548 **The presence of Representative Hanley was noted. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSHB 548(WTR) Second Reading Amendment No. 2 YEAS: 7 NAYS: 32 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Moses, Robinson Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Foster And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSHB548(WTR) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 548(WTR) was read the third time. Representative Vezey placed a call of the House. The call was satisfied. The question being: Shall CSHB 548(WTR) pass the House? The roll was taken with the following result: CSHB 548(WTR) Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 1996-05-02 House Journal Page 4234 HB 548 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Finkelstein, Moses And so, CSHB 548(WTR) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Mackie gave notice of reconsideration of his vote on CSHB 548(WTR). RECONSIDERATION HB 548 Representative Mackie moved and asked unanimous consent that the reconsideration of CSHB 548(WTR) be taken up on the same day. There being no objection, it was so ordered. CSHB 548(WTR) was again before the House in third reading. The question to be reconsidered: Shall CSHB 548(WTR) pass the House? The roll was taken with the following result: CSHB 548(WTR)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-05-02 House Journal Page 4235 HB 548 Nays: Brown, Finkelstein, Moses And so, CSHB 548(WTR) passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 548(WTR) was referred to the Chief Clerk for engrossment. Representative Vezey moved and asked unanimous consent that the House recess until 4:00 p.m. There being no objection, the House recessed at 12:21 p.m. AFTER RECESS The Speaker called the House back to order at 4:25 p.m. A second quorum call showed 26 members present. SECOND READING OF HOUSE BILLS (continued) HB 312 The following was read the second time: HOUSE BILL NO. 312 An Act relating to subsistence use of fish and game. with the: Journal Page RES RPT CS(RES) NT 2DP 1DNP 5NR 1627 ZERO FISCAL NOTE (H.RES) 1628 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1996-05-02 House Journal Page 4236 HB 312 CS FOR HOUSE BILL NO. 312(RES) An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Green: Page 1, line 6, following "1992": Insert ", as amended by sec. 1, ch. 68, SLA 1995," Page 1, lines 11 - 12: Delete "February1, 1996 ªJUNE1, 1994ß" Insert "February1, 1997 ªDECEMBER31, 1995ß" Page 1, line 12, following "1992": Insert ", as amended by sec. 2, ch. 68, SLA 1995," Page 1, line 12: Delete "February1, 1996 ªSEPTEMBER1, 1994ß" INSERT "February1, 1997 ªFEBRUARY1, 1996ß" Page 2, line 2, following "1992": Insert ", as amended by sec. 3, ch. 68, SLA 1995," Page 2, line 3: Delete "1996 ª1995ß" Insert "1997 ª1996ß" Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Vezey moved and asked unanimous consent that CSHB312(RES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1996-05-02 House Journal Page 4237 HB 312 CSHB 312(RES) am was read the third time. The question being: Shall CSHB 312(RES) am pass the House? The roll was taken with the following result: CSHB 312(RES) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams, Willis Absent: Finkelstein, Hanley, Navarre, Sanders And so, CSHB 312(RES) am passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Kubina later gave notice of reconsideration of his vote on CSHB 312(RES) am and the reconsideration was taken up then. SECOND READING OF SENATE BILLS SB 186 The following was read the second time: CS FOR SENATE BILL NO. 186(L&C) An Act relating to partnerships; and providing for an effective date. 1996-05-02 House Journal Page 4238 SB 186 with the: Journal Page L&C RPT 3DP 2NR 3952 SENATE FISCAL NOTE (DCED) 3/18/96 3953 FIN RPT 4DP 4NR 4125 SENATE FISCAL NOTE (DCED) 3/18/96 4125 Representative Vezey moved and asked unanimous consent that CSSB186(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 186(L&C) was read the third time. The question being: Shall CSSB 186(L&C) pass the House? The roll was taken with the following result: CSSB 186(L&C) 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, 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 Absent: Finkelstein, Hanley And so, CSSB 186(L&C) 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. CSSB 186(L&C) was signed by the Speaker and Chief Clerk and returned to the Senate. 1996-05-02 House Journal Page 4239 RECONSIDERATION HB 312 Representative Kubina gave notice of reconsideration of his vote on CSHB 312(RES) am (page 4237) and moved and asked unanimous consent that the reconsideration be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 312(RES) am An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date. The question to be reconsidered: Shall CSHB 312(RES) am pass the House? The roll was taken with the following result: CSHB 312(RES) am--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, 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 Absent: Finkelstein, Hanley And so, CSHB 312(RES) am passed the House on reconsideration. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 312(RES) am was referred to the Chief Clerk for engrossment. 1996-05-02 House Journal Page 4240 SECOND READING OF SENATE BILLS (continued) SB 177 The following was read the second time: 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. with the: Journal Page JUD RPT HCS(JUD) 1DP 3NR 2AM 3743 SENATE FISCAL NOTE (DPS) 4/11/96 3744 SENATE ZERO FISCAL NOTE (COR) 3/26/96 3744 SENATE ZERO FISCAL NOTE (LAW) 3/6/96 3744 FIN RPT HCS(FIN) 7DP 1DNP 2NR 4041 SENATE FISCAL NOTE (DPS) 4/11/96 4042 SENATE ZERO FISCAL NOTE (COR) 3/26/96 4042 SENATE ZERO FISCAL NOTE (LAW) 3/6/96 4042 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. 177(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 5, line 26, following AS 18.65.715: Insert ; or is a police officer who has successfully completed firearms training and qualification within the last year Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. 1996-05-02 House Journal Page 4241 SB 177 Representative Vezey moved and asked unanimous consent that HCSCSSB 177(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The question being: Shall HCS CSSB 177(FIN) am H be advanced to third reading on the same day? The roll was taken with the following result: HCS CSSB 177(FIN) am H Second Reading Advance to Third Reading YEAS: 24 NAYS: 14 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Absent: Hanley, Mulder And so, lacking the necessary 30 votes, HCS CSSB 177(FIN) am H failed to advance and will be in third reading on the May 3, 1996, calendar. SB 278 The Speaker stated that, without objection, the following would be held until the May 3, 1996, calendar: SENATE BILL NO. 278 An Act relating to the authority of the Department of Natural Resources to allow credits against fees at state historical parks. 1996-05-02 House Journal Page 4242 SB 256 The Speaker stated that, without objection, the following would be held until the May 3, 1996, calendar: SENATE BILL NO. 256 An Act relating to the offices of mayor and mayor pro tempore of a second class city. SB 310 The following was read the second time: CS FOR SENATE BILL NO. 310(STA) An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date. with the: Journal Page STA RPT 4DP 4093 SENATE ZERO FISCAL NOTE (LAA) 4/22/96 4093 Representative Vezey moved and asked unanimous consent that CSSB310(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 310(STA) was read the third time. The question being: Shall CSSB 310(STA) pass the House? The roll was taken with the following result: CSSB 310(STA) Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Ivan, James, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-05-02 House Journal Page 4243 SB 310 Nays: Brown, Grussendorf, Kelly, Martin, Navarre Absent: Hanley, Mulder Navarre changed from "Yea" to "Nay". And so, CSSB 310(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. CSSB 310(STA) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 307 The following was read the second time: 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. with the: Journal Page RES RPT 6DP 4043 SENATE FISCAL NOTE (DNR) 4/11/96 4044 FIN RPT 6DP 3NR 4103 SENATE FISCAL NOTE (DNR) 4/11/96 4103 Representative Vezey moved and asked unanimous consent that CSSB307(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 307(FIN) was read the third time. The question being: Shall CSSB 307(FIN) pass the House? The roll was taken with the following result: 1996-05-02 House Journal Page 4244 SB 307 CSSB 307(FIN) 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, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Hanley, Mulder And so, CSSB 307(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 307(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 301 The following was read the second time: CS FOR SENATE BILL NO. 301(FIN) am An Act relating to postsecondary education; and providing for an effective date. with the: Journal Page FIN RPT 1DP 4NR 1AM 4102 ZERO FISCAL NOTE (DOE) 4102 4 SEN FISCAL NOTES (REV, 3-DOE) 4/19/96 4102 SENATE FISCAL NOTE #3 (DOE) 4/2/96 4102 1996-05-02 House Journal Page 4245 SB 301 Amendment No. 1 was offered by Representative Bunde: Page 4, following line 26: Insert a new bill section to read: "* Sec. 7. AS14.42.200(9) is amended to read: (9) collect from a borrower amounts owed with respect to a student loan held by the corporation ªHAS PURCHASEDß;" Renumber the following bill sections accordingly. Page 5, line 13, following "corporation,": Insert "used to pay the costs of administration of the fund," Page 5, line 14: Delete "and" Insert "ªANDß" Page 5, lines 14 and 15: Delete "AS 14.43.090 - 14.43.325, 14.43.600 - 14.43.700, or 14.43.710 - 14.43.790." Insert "AS 14.43, and used to pay the costs of administering the loans and of collecting delinquent loans if those costs are not recovered from the borrower ªAS14.43.090 - 14.43.325, 14.43.600 - 14.43.700, or 14.43.710 - 14.43.790ß." Page 8, line 17: Delete "commission" Insert "corporation ªCOMMISSIONß" Page 12, line 7: Delete "scholarship" Insert "student ªSCHOLARSHIPß" Page 13, line 18, following "14.43.325": Insert "and for the purposes allowed under AS 14.42.210" Page 14, line 7: Delete "scholarship" Insert "student ªSCHOLARSHIPß" 1996-05-02 House Journal Page 4246 SB 301 Page 15, line 15, following "14.43.700": Insert "and for the purposes allowed under AS14.42.210" Page 15, line 29, following "boards": Insert "," Page 16, lines 1 - 4: Delete "loans; ªTHE FORM MUST INCLUDE A REQUIREMENT THATß the applicant must provide ªSUPPLYß a high school academic transcript and a statement of intent to enter a teaching career at the elementary or secondary school level in the state." Insert "loans ª; THE FORM MUST INCLUDE A REQUIREMENT THAT THE APPLICANT SUPPLY A HIGH SCHOOL ACADEMIC TRANSCRIPT AND A STATEMENT OF INTENT TO ENTER A TEACHING CAREER AT THE ELEMENTARY OR SECONDARY SCHOOL LEVEL IN THE STATEß." Page 16, lines 13 - 15: Delete "(4) submit to the local school board an application on a form provided by the corporation ªCOMMISSIONß under AS14.43.630(a)(2); an application may be submitted six months before graduation from high school; and" Insert "(4) submit to the local school board an application on a form provided by the corporation ªCOMMISSIONß under AS14.43.630(a)(2); the applicant shall supply a high school transcript and a statement of intent to enter a teaching career at the elementary or secondary school level in the state ªAN APPLICATION MAY BE SUBMITTED SIX MONTHS BEFORE GRADUATION FROM HIGH SCHOOLß; and" Page 16, lines 28 - 30: Delete "to pay the costs of collecting family education loans that are in default if those costs are not recovered from the family, and to pay the costs of administering the account" Insert "and for the purposes allowed under AS14.42.210 ªTO PAY THE COSTS OF COLLECTING FAMILY EDUCATION LOANS THAT ARE IN DEFAULT IF THOSE COSTS ARE NOT 1996-05-02 House Journal Page 4247 SB 301 RECOVERED FROM THE FAMILY, AND TO PAY THE COSTS OF ADMINISTERING THE ACCOUNTß" Page 17, following line 6: Insert a new bill section to read: "* Sec. 41. AS14.43.730 is amended to read: Sec. 14.43.730. ADMINISTRATION. The family education loan program shall be administered by the corporation [COMMISSIONß under regulations that it adopts." Renumber the following bill sections accordingly. Page 18, line 21: Delete "or the start" Page 20, line 25, following "Corporation": Delete "ªCOMMISSION ON POSTSECONDARY EDUCATIONß" Insert "or the predecessor Commission on Postsecondary Education" Page 20, line 28, following "Corporation": Delete "ªCOMMISSION ON POSTSECONDARY EDUCATIONß" Insert "or the predecessor Commission on Postsecondary Education" Page 20, line 30: Delete "commission" Insert "corporation ªCOMMISSIONß" Page 21, line 9: Delete "commission" Insert "corporation ªCOMMISSIONß" Page 21, line 10: Delete "commission" Insert "corporation ªCOMMISSIONß" Page 21, line 18: Delete "sec. 46" Insert "sec. 48" 1996-05-02 House Journal Page 4248 SB 301 Page 22, line 8: Delete "sec. 58" Insert "sec. 60" Page 22, line 14: Delete "sec. 58" Insert "sec. 60" Page 23, line 2: Delete "Section 56(c)" Insert "Section 58(c)" Page 23, line 3: Delete "sec. 57" Insert "sec. 59" Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 301(FIN) am Second Reading Amendment No. 1 YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 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, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Therriault, Toohey, Vezey, Williams Absent: Moses, Mulder, Sanders, Willis And so, Amendment No. 1 was adopted. 1996-05-02 House Journal Page 4249 SB 301 Amendment No. 2 was offered by Representative Elton: Page 2, following line 11: Insert new bill sections to read: "* Sec. 2. AS14.07.020(a) is amended by adding a new paragraph to read: (16) administer the provisions of AS14.48 (regulation of postsecondary educational institutions). * Sec. 3. AS14.07.020 is amended by adding a new section to read: (c) The department has the following functions, advisory to the governing boards of institutions of public and private higher education in the state, to the governor, the legislature, and to other appropriate state and federal officials: (1) coordinate the development of comprehensive plans for the orderly, systematic growth of public and private postsecondary education, including community colleges and occupational education, in the state and submit recommendations on the need for, and location of, new facilities and programs; (2) advise as to the functions and purposes of the colleges and universities, both public and private, in the state and counsel as to the programs appropriate to each; and (3) review and advise as to the working of all consortia and other cooperative agreements between the institutions of higher education in the state that are parties to them. * Sec. 4. AS14.07.030 is amended by adding a new paragraph to read: (14) establish task forces, committees, or subcommittees, not necessarily consisting of department officers or employees, to advise and assist the department in carrying out its postsecondary functions assigned by AS14.07.020(a) and (c), and federal statute. The department may contract with, or use, existing institutions of higher education or other individuals or organizations to make studies, conduct surveys, submit recommendations, or otherwise contribute to the work of the department. * Sec. 5. AS14.07 is amended by adding new sections to read: Sec. 14.07.032. CONSORTIA. All parties that are signatory to a consortium agreement between the University of Alaska and a private university or college must abide by a decision rendered by the department when disagreements arise or exist between the parties. For purposes of this section and AS14.07.020, 1996-05-02 House Journal Page 4250 SB 301 "consortium" means a cooperative arrangement between two or more public or private institutions of higher education specified in agreements or memoranda of understanding to permit sharing of facilities, instructional opportunities, and other educational services in such a way that the integrity of each institution party to the consortium is preserved while at the same time the institutions cooperatively plan the academic calendar, scheduling, use of personnel and facilities, and educational programs and offerings to the maximum advantage of the students and faculties of the institutions that are parties to a consortium. Sec. 14.07.033. COLLECTION OF DATA. The department may require the institutions of public and private higher education and other institutions of postsecondary education in the state to submit data on costs, selection and retention of students, enrollments, plant capacities and use, and other matters pertinent to effective planning and coordination, and shall furnish information concerning these matters to the governor, to the legislature, and to other state and federal agencies as requested by them." Renumber the following bill sections accordingly. Page 2, lines 22 - 25: Delete all material and insert: "Sec. 14.42.120. CORPORATION GOVERNING BODY. (a) The corporation shall be governed by a board of directors consisting of the commissioner of revenue, the commissioner of administration, a person representing the Department of Education appointed by the governor, and four members of the public appointed by the governor. The governor's appointees shall serve at the pleasure of the governor for staggered four-year terms." Page 4, following line 26: Insert a new bill section to read: "* Sec. 11. AS14.42.200(9) is amended to read: (9) collect from a borrower amounts owed with respect to a student loan held by the corporation ªHAS PURCHASEDß;" Renumber the following bill sections accordingly. 1996-05-02 House Journal Page 4251 SB 301 Page 5, line 13, following "corporation,": Insert "used to pay the costs of administration of the fund," Page 5, lines 14 and 15: Delete "AS 14.43.090 - 14.43.325, 14.43.600 - 14.43.700, or 14.43.710 - 14.43.790." Insert "AS 14.43, and used to pay the costs of administering the loans and of collecting delinquent loans if those costs are not recovered from the borrower ªAS14.43.090 - 14.43.325, 14.43.600 - 14.43.700, or 14.43.710 - 14.43.790ß." Page 8, line 17: Delete "commission" Insert "corporation ªCOMMISSIONß" Page 12, line 7: Delete "scholarship" Insert "student ªSCHOLARSHIPß" Page 15, line 20, following "loans": Insert "and for the purposes allowed under AS14.42.210" Page 16, lines 1 - 4: Delete "loans; ªTHE FORM MUST INCLUDE A REQUIREMENT THATß the applicant must provide ªSUPPLYß a high school academic transcript and a statement of intent to enter a teaching career at the elementary or secondary school level in the state." Insert "loans ª; THE FORM MUST INCLUDE A REQUIREMENT THAT THE APPLICANT SUPPLY A HIGH SCHOOL ACADEMIC TRANSCRIPT AND A STATEMENT OF INTENT TO ENTER A TEACHING CAREER AT THE ELEMENTARY OR SECONDARY SCHOOL LEVEL IN THE STATEß." Page 16, lines 13 - 15: Delete "(4) submit to the local school board an application on a form provided by the corporation ªCOMMISSIONß under AS14.43.630(a)(2); an application may be submitted six months before graduation from high school; and" 1996-05-02 House Journal Page 4252 SB 301 Insert "(4) submit to the local school board, at least three months before graduation from high school, an application on a form provided by the corporation ªCOMMISSIONß under AS14.43.630(a)(2); the applicant shall supply a high school transcript and a statement of intent to enter a teaching career at the elementary or secondary school level in the state ªAN APPLICATION MAY BE SUBMITTED SIX MONTHS BEFORE GRADUATION FROM HIGH SCHOOLß; and" Page 16, lines 28 - 30: Delete "to pay the costs of collecting family education loans that are in default if those costs are not recovered from the family, and to pay the costs of administering the account" Insert "and for the purposes allowed under AS14.42.210 ªTO PAY THE COSTS OF COLLECTING FAMILY EDUCATION LOANS THAT ARE IN DEFAULT IF THOSE COSTS ARE NOT RECOVERED FROM THE FAMILY, AND TO PAY THE COSTS OF ADMINISTERING THE ACCOUNTß" Page 17, following line 6: Insert a new bill section to read: "* Sec. 45. AS14.43.730 is amended to read: Sec. 14.43.730. ADMINISTRATION. The family education loan program shall be administered by the corporation [COMMISSIONß under regulations that it adopts." Renumber the following bill sections accordingly. Page 17, line 25, through page 19, line 13: Delete all material and insert new bill sections to read: "* Sec. 49. AS14.48.010(a) is amended to read: (a) It is the purpose of this chapter to provide for the protection, education, and welfare of the citizens of the state, its postsecondary educational institutions, and its students, by (1) establishing minimum standards concerning quality of education, ethical and business practices, health and safety, and fiscal responsibility, to protect against substandard, transient, unethical, deceptive, or fraudulent institutions and practices; (2) prohibiting the granting of false or misleading educational credentials; 1996-05-02 House Journal Page 4253 SB 301 (3) regulating the use of academic terminology in designating educational institutions; (4) prohibiting misleading literature, advertising, solicitation, or representation by educational institutions or their agents; (5) providing for the preservation of essential academic records; and (6) providing certain rights and remedies to the public and the department ªCOMMISSIONß necessary to carry out the purposes of this chapter. * Sec. 50. AS14.48.020 is amended to read: Sec. 14.48.020. AUTHORIZATION AND PERMITS REQUIRED. A person may not (1) operate a postsecondary educational institution in the state unless the institution has a valid authorization to operate issued under this chapter or is exempt from the provisions of this chapter; (2) offer itself or through an agent enrollment or instruction in, or the granting of educational credentials from, a postsecondary educational institution, whether the institution is in or outside the state, unless the agent is a natural person and has a currently valid agent's permit issued under this chapter or is exempt from the provisions of this chapter; (3) accept contracts or enrollment applications of prospective students from an agent who does not have a current permit as required by this chapter; however, the department [COMMISSIONß may adopt regulations to permit the rendering of legitimate public information services without a ªTHEß permit; (4) instruct or educate, ªORß offer to instruct or educate, enroll or offer to enroll, contract or offer to contract or award an educational credential, or contract with an institution or person to do so, in or outside the state, unless that person is in compliance with the minimum standards set out in AS14.48.060, the criteria established by the department ªCOMMISSIONß under AS14.48.050(1), and the regulations adopted by the department [COMMISSIONß under AS14.48.050(7); (5) use the term "university" or "college" without authorization to do so from the department ªCOMMISSIONß; (6) grant, or offer to grant, educational credentials ª,ß without authorization to do so from the department [COMMISSIONß. 1996-05-02 House Journal Page 4254 SB 301 * Sec. 51. AS14.48.030(b) is amended to read: (b) The following educational programs or services and educational institutions are exempt from the provisions of this chapter or portions of them, as determined by the department [COMMISSIONß: (1) education sponsored by a bona fide trade, business, labor, professional, or fraternal association or organization, recognized by the department, ªCOMMISSIONß and conducted solely for that association's or organization's membership ª,ß or offered on a no-fee basis; (2) education solely avocational or recreational in nature and institutions offering avocational or recreational education exclusively; (3) education offered by charitable organizations, recognized by the department ªCOMMISSIONß, if the education is not advertised or promoted as leading toward educational credentials; (4) nonprofit postsecondary educational institutions offering undergraduate or graduate educational programs conducted in the state, but not by correspondence, that ªWHICHß are acceptable for credit toward an associate, bachelor's, or graduate degree; (5) postsecondary educational institutions established, operated, and governed by the United States, a state, or its political subdivisions. * Sec. 52. AS14.48.040 is amended to read: Sec. 14.48.040. DEPARTMENT ªCOMMISSIONß TO ADMINISTER CHAPTER. The commissioner of education [ALASKA COMMISSION ON POSTSECONDARY EDUCATIONß shall administer this chapter and may hire necessary personnel. The department ªCOMMISSIONß may obtain from departments, commissions, and other state agencies information and assistance needed to carry out the provisions of this chapter. * Sec. 53. AS14.48.050 is amended to read: Sec. 14.48.050. POWERS AND DUTIES OF DEPARTMENT ªCOMMISSIONß. The department [COMMISSIONß shall (1) establish minimum criteria consistent with AS14.48.060 including quality of education, ethical and business practices, health and safety, and fiscal responsibility that applicants 1996-05-02 House Journal Page 4255 SB 301 for authorization to operate, or for an agent's permit, must meet before the authorization or permit is issued; (2) receive, investigate, and act upon applications for authorization to operate postsecondary educational institutions and applications for agent's permits; (3) maintain a list of postsecondary educational institutions and agents authorized to operate in the state under this chapter; (4) keep current and make available as public information the list of institutions and agents; (5) enter into interstate reciprocity agreements with similar agencies in other states ª,ß if in the judgment of the department ªCOMMISSIONß the agreements will be helpful in carrying out the purposes of this chapter; (6) receive and maintain as a permanent file, copies of academic records maintained in accordance with AS14.48.060(b)(6); (7) adopt regulations and procedures necessary or appropriate for the conduct of its work and the implementation of this chapter under AS44.62 (Administrative Procedure Act); (8) investigate on its own initiative, or in response to a complaint lodged with it, persons subject to ª,ß or reasonably believed by the department ªCOMMISSIONß to be subject to ª,ß the jurisdiction of this chapter; ªANDß in connection with the investigation subpoena persons, books, records, or documents related to the investigation; require answers in writing under oath to questions propounded by the department ªCOMMISSIONß and administer oaths or affirmations to persons in connection with the investigation; and, for the purpose of examination at all reasonable times, shall have access to, and the right to copy, documentary evidence of a corporation that is under investigation or being proceeded against; (9) exercise other necessary powers and duties in conformity with the provisions of this chapter that, in the judgment of the department ªCOMMISSIONß, are necessary to carry out the provisions of this chapter. * Sec. 54. AS14.48.060 is amended to read: Sec. 14.48.060. MINIMUM STANDARDS. (a) In establishing the criteria required by AS14.48.050(1), the department ªCOMMISSIONß shall require compliance with the minimum standards set out in (b) of this section. 1996-05-02 House Journal Page 4256 SB 301 (b) A postsecondary educational institution must be maintained and operated ª,ß or, in the case of a new institution, must demonstrate that it can be maintained and operated so that (1) the quality and content of each course or program of instruction, training, or study ªARE SUCH ASß may reasonably and adequately achieve the stated objective for which the course or program is offered; (2) the institution has or has access to adequate space, equipment, instructional materials, and personnel where applicable to achieve the stated objective of the course or program of study and to provide education of good quality; (3) the education or experience qualifications of directors, administrators, supervisors, and instructors ªARE SUCH ASß may reasonably ensure that the students will receive education consistent with the objectives of the course or program of study; (4) the institution provides a catalog or brochure containing information describing the programs offered, program objectives, length of program, schedule of tuition, fees, ªANDß all other charges and expenses necessary for completion of the course of study, cancellation and refund policies, and other material facts concerning the institution and the program or course of instruction that are reasonably likely to affect the decision of the student to enroll, together with any other disclosures specified by the department ªCOMMISSIONß by regulation; and that this information is provided to prospective students before enrollment; (5) upon satisfactory completion of training, the student is given appropriate educational credentials by the institution, indicating that the course of instruction or study has been satisfactorily completed by the student; (6) adequate records are maintained by the institution to show attendance, progress ª,ß or grades, and that satisfactory standards are enforced relating to attendance, progress, and performance; (7) the institution is maintained and operated in compliance with all pertinent ordinances and laws relating to the safety and health of persons upon the premises of the institution; (8) the institution is financially sound and capable of fulfilling its commitments to students; (9) neither the institution nor its agents engage in advertising, sales, collection, credit, or other practices that [WHICHß are false, deceptive, misleading, or unfair; 1996-05-02 House Journal Page 4257 SB 301 (10) the chief executive officer, trustees, directors, owners, administrators, supervisors, staff, and instructors of the institution are of good reputation and character and have not been convicted of a violation of AS14.48.020, ªORß 14.48.150, ªORß AS45.50.471 - 45.50.561, or a comparable law in another state or province; (11) the student housing owned, maintained, or approved by the institution is appropriate, safe, and adequate; (12) the institution has a fair and equitable cancellation and refund policy; and (13) the charges set by the institution for tuition, fees, books, and supplies are fair and equitable. (c) The department may accept accreditation [ACCREDITATIONß by national or regional accrediting agencies recognized by the department ªCOMMISSION MAY BE ACCEPTED BY THE COMMISSIONß as evidence of compliance with the minimum standards established by this section and the criteria established under AS14.48.050(1). However, the department ªCOMMISSIONß may require further evidence and make further investigation as ªMAY BEß necessary. If the institution as a whole is not accredited, accreditation [ACCREDITATIONß by a recognized, specialized accrediting agency may be accepted as evidence of compliance only as to the portion or program of an institution accredited by the accrediting agency ªIF THE INSTITUTION ASA WHOLE IS NOT ACCREDITEDß. * Sec. 55. AS14.48.070(a) is amended to read: (a) Each postsecondary educational institution desiring to operate in this state shall apply to the department [COMMISSIONß, upon forms provided by the department [COMMISSIONß. The application must ªSHALLß be accompanied by a catalog or brochure published, or proposed to be published by the institution, containing the information specified in AS14.48.060(b)(4). The application shall also be accompanied by evidence of a surety bond or other deposit as required by AS14.48.100, and by the required fees. * Sec. 56. AS14.48.070(b) is amended to read: (b) Following review of the application and after necessary investigation of the applicant the department ªCOMMISSIONß shall either grant or deny authorization to operate to the applicant. 1996-05-02 House Journal Page 4258 SB 301 A grant of authorization to operate may be on those terms and conditions the department ªCOMMISSIONß may prescribe. * Sec. 57. AS14.48.070(c) is amended to read: (c) The authorization to operate must be in a form approved by the department ªCOMMISSIONß and must include (1) the date of issuance, effective date, and term of approval; (2) the name and address of the institution; (3) the authority for approval; (4) any condition or limitation of the authorization, as considered necessary by the department ªCOMMISSIONß. * Sec. 58. AS14.48.070(f) is amended to read: (f) At least 60 days before the expiration of its ªANß authorization to operate, the institution shall complete and file with the department ªCOMMISSIONß an application form for renewal [OF ITS AUTHORIZATION TO OPERATEß. The renewal application shall be reviewed and acted upon as provided for an original application. * Sec. 59. AS14.48.070(g) is amended to read: (g) An institution not yet in operation when its application for authorization to operate is filed may not begin operation until receipt of authorization. An institution in operation when its application for authorization to operate is filed may continue operation until its application is acted upon by the department [COMMISSIONß. The department ªCOMMISSIONß may issue provisional authorization to operate, containing limitations as to time, procedures, functions, or other conditions as the department [COMMISSIONß considers necessary. * Sec. 60. AS14.48.080(a) is amended to read: (a) A person desiring to solicit or perform the services of an agent ª,ß in this state ª,ß shall apply to the department [COMMISSIONß upon forms provided by the department [COMMISSIONß. The application must ªSHALLß be accompanied by evidence of the good reputation and character of the applicant and must state the institution that the applicant intends to represent. An agent representing more than one institution must obtain a separate agent's permit for each institution represented. However, when an agent represents institutions having a common ownership, only one agent's permit is required. If an institution that the applicant intends to represent 1996-05-02 House Journal Page 4259 SB 301 does not have authorization to operate in this state, the application must ªSHALLß be accompanied by the information required of institutions making application for authorization. The application for an agent's permit must ªSHALLß also be accompanied by evidence of a surety bond or other deposit as required by AS14.48.100, and by payment of the required fees. * Sec. 61. AS14.48.080(c) is amended to read: (c) Following review of the application and any further information submitted by the applicant, and investigation of the applicant as the department ªCOMMISSIONß considers necessary, the department ªCOMMISSIONß shall either grant or deny an agent's permit to the applicant. * Sec. 62. AS14.48.080(d) is amended to read: (d) The agent's permit must be in a form approved by the department ªCOMMISSIONß and must include (1) the date of issuance, effective date, and term; (2) the correct name and address of the agent; (3) the institution or institutions that the agent is authorized to represent. * Sec. 63. AS14.48.080(f) is amended to read: (f) At least 60 days before the expiration of an agent's permit, the agent shall complete and file with the department [COMMISSIONß an application form for renewal. The renewal application shall be reviewed and acted upon as provided for an original application. * Sec. 64. AS14.48.090 is repealed and reenacted to read: Sec. 14.48.090. FEES. The department shall adopt regulations that establish the amount and manner of payment of fees for applications, authorizations, permits, and renewals under this chapter. * Sec. 65. AS14.48.100 is amended to read: Sec. 14.48.100. BONDS. (a) At the time application is made for authorization to operate, or for renewal of an authorization to operate, the department ªCOMMISSIONß may require the postsecondary educational institution to file a surety bond in the amount determined by the department ªCOMMISSIONß. The amount shall be determined by the number of students the institution seeks to enroll. The amount of the surety bond shall be reexamined by the department ªCOMMISSIONß upon each renewal of the authorization to operate to determine if a larger or 1996-05-02 House Journal Page 4260 SB 301 smaller bond would be appropriate to ensure adequate protection for the students or enrollees, ªORß their parents or guardians, or classes thereof. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond ªANDß shall be conditioned to provide indemnification to any student or enrollee, ªORß the student's or enrollee's parent or guardian, or class thereof ª,ß determined to have suffered loss or damage as a result of a postsecondary educational institution's ªANß act or practice that [WHICHß is a violation of this chapter ªBY THE POSTSECONDARY EDUCATIONAL INSTITUTIONß and that the bonding company shall pay a final nonappealable order of the department ªCOMMISSIONß or judgment of a court of this state having jurisdiction, upon receipt of written notification of the order or judgment. The aggregate liability of the surety for the bond of the institution or agent involved in the order or judgment may not, in any event, exceed the amount of the bond. (b) An application for an agent's permit must ªSHALLß be accompanied by a surety bond in the amount determined by the department ªCOMMISSIONß to be necessary for the protection of the students or enrollees, ªORß their parents or guardians, or classes of these, or to reflect an institution's volume of business in the state. The bond shall be executed by the applicant as principal and by a surety company qualified and authorized to do business in this state. The bond shall be conditioned to provide indemnification to any student or enrollee, ªORß the student's or enrollee's parents or guardian, or class of these, determined to have suffered loss or damage as a result of an agent's act or practice that ªWHICHß is a violation of this chapter ªBY THE AGENTß. (c) The surety bond to be filed under this section must [SHALLß cover the period of the authorization to operate or the agent's permit, as appropriate, except when a surety is released as provided in this subsection. A surety on a bond filed under this section may be released from that bond after the surety serves written notice of the release to the department ªCOMMISSIONß and to the bonded agent or institution 45 days before the release. However, the release does not discharge or otherwise affect a claim filed by a student or enrollee, ªORß a parent or guardian, or class thereof, before or after the release for loss or damage 1996-05-02 House Journal Page 4261 SB 301 resulting from an act or practice that ªWHICHß is a violation of this chapter alleged to have occurred while the bond was in effect or for an institution's ceasing operations during the term for which tuition has been paid while the bond was in force. (d) Authorization for an institution to operate and an agent's permit shall be suspended by operation of law when the institution or agent is no longer covered by a surety bond as required by this section. However, the department ªCOMMISSIONß shall give the institution or agent, or both, at least 30 days written notice before the release of the surety, ªTO THE EFFECTß that the authorization or permit shall be suspended by operation of law until another surety bond is filed in the same manner as, and in a like amount to, the bond being terminated. (e) In lieu of the surety bond required in (a) and (b) of this section, the applicant may file with the department [COMMISSIONß a cash deposit or other negotiable security, acceptable to the department ªCOMMISSIONß, in the amount specified for bonds. * Sec. 66. AS14.48.110 is amended to read: Sec. 14.48.110. DENIAL. If the department [COMMISSIONß, upon review of an application for authorization to operate ª,ß or an application for an agent's permit, determines that the application should be denied, the department [COMMISSIONß shall notify the applicant, setting out the reasons in writing. AS44.62 (Administrative Procedure Act) governs the review of a denial under this section. * Sec. 67. AS14.48.120 is amended to read: Sec. 14.48.120. REVOCATION. (a) An authorization to operate or an agent's permit may be revoked or conditioned if the department ªCOMMISSIONß has reasonable cause to believe that the holder of the authorization or permit is violating or has violated this chapter, ªORß AS45.50.471, ªORß regulations adopted under this chapter, or AS45.50.491. Except as provided in (b) of this section, AS44.62 (Administrative Procedure Act) governs the procedure for a revocation, review of a revocation, or other action under this section. (b) Authorization for an institution to operate, and a permit for an agent representing that institution, are revoked 30 days after the institution ceases to operate. The department ªCOMMISSIONß shall give the institution and the agent 15 days' written notice, by 1996-05-02 House Journal Page 4262 SB 301 certified mail, sent return receipt requested, to the last addresses of the institution and agent. (c) The institution and the agent may appeal a revocation under (b) of this section by filing an appeal in writing with the department ªCOMMISSIONß within 30 days after the revocation." Renumber the following bill sections accordingly. Page 19, following line 17: Insert new bill sections to read: "* Sec. 69. AS14.48.130 is amended to read: Sec. 14.48.130. COMPLAINTS. (a) A person claiming damage or loss as a result of an act or practice by a postsecondary educational institution or its agent, or both, that ªWHICHß is a violation of this chapter or of the regulations adopted under this chapter may file with the department ªCOMMISSIONß a complaint against the institution or against its agent or both. The complaint must state ªSHALL SET OUTß the alleged violation and must ªSHALLß contain other information as may be required by the department ªCOMMISSIONß. A complaint may also be filed by the department ªCOMMISSIONß on its own motion or the attorney general. A complainant may file with the department ªCOMMISSIONß as a representative of a class of complainants. (b) The department ªCOMMISSIONß shall investigate the complaint and may attempt to effect a settlement by persuasion and conciliation. The department ªCOMMISSIONß may consider a complaint after 30 days written notice by registered mail to the institution or agent, or both, giving notice of a time and place for hearing on the complaint. The hearing shall be conducted in accordance with AS44.62 (Administrative Procedure Act). (c) If, upon the evidence at a hearing, the department [COMMISSIONß finds that a postsecondary educational institution or its agent, or both, has engaged in, or is engaging in, an act or practice that ªWHICHß violates this chapter or the regulations adopted under this chapter, the department ªCOMMISSIONß shall serve upon the institution or agent or both ª,ß an order requiring the institution or agent or both to cease and desist from the act or practice. If the department ªCOMMISSIONß finds that the complainant, or class of complainants, has suffered loss or damage 1996-05-02 House Journal Page 4263 SB 301 as a result of the act or practice, the department ªCOMMISSIONß may also award the complainant, or class of complainants, full or partial restitution for the damage or loss and may impose the penalties provided for in AS14.48.190. The department [COMMISSIONß may also, based on its own investigation and the evidence adduced at the hearing, begin an action to revoke an institutions authorization to operate or an agents permit. * Sec. 70. AS14.48.140 is amended to read: Sec. 14.48.140. JUDICIAL REVIEW. A final administrative order issued by the department ªCOMMISSIONß is subject to judicial review under AS44.62 (Administrative Procedure Act). * Sec. 71. AS14.48.150 is amended to read: Sec. 14.48.150. PRESERVATION OF RECORDS. (a) If a postsecondary educational institution proposes to discontinue its operation, the chief administrative officer of the institution shall file with the department ªCOMMISSIONß the original or legible true copies of academic records of the institution as specified by the department ªCOMMISSIONß. The records must include that academic information customarily required by colleges when considering students for transfer or advanced study and the academic record of each former student. (b) If it appears to the department ªCOMMISSIONß that records of an institution discontinuing its operations are in danger of being destroyed or otherwise made unavailable to the department ªCOMMISSIONß, the department ªCOMMISSIONß may seize the records ª,ß under an order of the superior court. The department ªCOMMISSIONß shall maintain a permanent file of records coming into its possession under this section. * Sec. 72. AS14.48.180 is amended to read: Sec. 14.48.180. ENFORCEMENT: INJUNCTION. (a) The attorney general at the request of the department [COMMISSIONß or on motion of the attorney general, may bring an action or proceeding in a court of competent jurisdiction for the enforcement of the provisions of this chapter. (b) When it appears to the department ªCOMMISSIONß that a person is, is about to, or has violated a provision of this chapter or a regulation adopted under this chapter, the department [COMMISSIONß may, on its own motion or on the written complaint of any person, file a petition for injunction in the name of the department ªCOMMISSIONß in a court of competent 1996-05-02 House Journal Page 4264 SB 301 jurisdiction against the person for the purpose of enjoining the violation or for an order directing compliance with the provisions of this chapter. It is not necessary that the department ªCOMMISSIONß allege or prove that it has no adequate remedy at law. The right of injunction provided in this section is in addition to other legal remedies available to the department ªCOMMISSIONß and is in addition to the right of criminal prosecution. However, the department [COMMISSIONß may not obtain a temporary restraining order without notice to the person affected. * Sec. 73. AS14.48.190 is amended to read: Sec. 14.48.190. VIOLATIONS: CIVIL PENALTY. A person who violates the provisions of AS14.48.020, or who fails or refuses to deposit with the department ªCOMMISSIONERß the records required by AS14.48.150, is subject to a civil penalty of not more than $1,000 for each violation. Each days failure to comply with the provisions of AS14.48.020 and 14.48.150 constitutes a separate violation. The fine may be imposed by the department ªCOMMISSIONß in an administrative proceeding or by a court of competent jurisdiction. * Sec. 74. AS14.48.200 is amended to read: Sec. 14.48.200. CRIMINAL VIOLATION. A person who wilfully violates the provisions of AS14.48.020 or who wilfully fails or refuses to deposit with the department ªCOMMISSIONß the records required by AS14.48.150 is guilty of a misdemeanor and, upon conviction, is punishable by a fine of not more than $1,000 or by imprisonment for not more than six months, or by both. Each days failure to comply is a separate violation. * Sec. 75. AS14.48.210(2) is amended to read: (2) "agents permit" means a nontransferable written authorization issued to a natural person by the department that [COMMISSION WHICHß allows that person to solicit or enroll a resident of the state for education in a postsecondary educational institution; * Sec. 76. AS14.48.210(3) is amended to read: (3) "authorization to operate" means approval of the department ªCOMMISSIONß to operate or to contract to operate a postsecondary educational institution in the state; * Sec. 77. AS16.43.340(a) is amended to read: (a) In addition to entry permits and interim-use permits, the commission may issue educational entry permits to public, private, 1996-05-02 House Journal Page 4265 SB 301 or denominational educational institutions, career, or vocational programs accredited or authorized by the Department of Education ªOR ACCREDITED INSTITUTIONS, CAREER, OR VOCATIONAL PROGRAMS APPROVED BY THE ALASKA COMMISSION ON POSTSECONDARY EDUCATIONß, or full- time nonprofit residential child care facilities licensed by the Department of Health and Social Services, division of social services, if (1) the program is offered to students at the junior high school level or above; (2) the issuance of an educational entry permit is reasonably necessary to the instruction of students under courses offered by the applicant for the educational entry permit; (3) the program is offered by an institution that is located in the state and has been in operation for at least two years; and (4) the institution offering the program is not a correspondence institution." Renumber the following bill sections accordingly. Page 20, lines 9 and 10: Delete "Commission on Postsecondary Education (AS14.48.035) [(AS14.42.015)ß" Insert "Student Loan Corporation ªCOMMISSION ON POSTSECONDARY EDUCATION (AS14.42.015)ß" Page 21, following line 10: Insert a new bill section to read: "* Sec. 84. AS44.62.330(43) is amended to read: (43) Department of Education ªALASKA COMMISSION ON POSTSECONDARY EDUCATIONß under AS14.48 as to denial of applications and revocation of authorizations and permits;" Renumber the following bill sections accordingly. Page 21, line 18: Delete "sec. 46" Insert "sec. 64" 1996-05-02 House Journal Page 4266 SB 301 Page 22, line 8: Delete "sec. 58" Insert "sec. 89" Page 22, line 14: Delete "sec. 58" Insert "sec. 89" Page 23, line 2: Delete "Section 56(c)" Insert "Section 87(c)" Page 23, line 3: Delete "sec. 57" Insert "sec. 88" Representative Elton moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Bunde objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 301(FIN) am H Second Reading Amendment No. 2 YEAS: 14 NAYS: 23 EXCUSED: 0 ABSENT: 3 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Absent: Moses, Mulder, Sanders And so, Amendment No. 2 was not adopted. 1996-05-02 House Journal Page 4267 SB 301 Amendment No. 3 was offered by Representative Navarre: Page 2, following line 25: Delete Two members of the legislature shall serve as ex officio nonvoting members of the board of directors. The two ex officio nonvoting members shall include one member of the senate appointed by the president of the senate and one member of the house appointed by the speaker of the house of representatives. Page 3, following line 24: Insert a new bill section to read: * Sec. 4. AS 14.42.130 is amended to read: Sec. 14.42.130 MEETINGS OF THE BOARD (a) The board shall meet at the call of its chair ªCHAIRMANß and at other times as the board may determine in accordance with its regulations. (b) Public notice of a meeting of the board at which the issuance of corporation bonds is authorized shall be provided at least 24 hours before the meeting. (c) At the same time that notice of a meeting is given to the public, the Corporation shall also give notice of the meeting to the president of the senate and to the speaker of the house. At a meeting of the board, the president, or his or her designee, and the speaker, or his or her designee, shall have the ability to attend and participate in the discussion of items on the agenda for that meeting but shall not be considered a member of the board for any purpose. Renumber the following sections accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Martin objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: 1996-05-02 House Journal Page 4268 SB 301 CSSB 301(FIN) am H Second Reading Amendment No. 3 YEAS: 14 NAYS: 25 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mulder And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Robinson: Page 2, following line 11: Insert a new bill section to read: "* Sec. 2. AS 14.42.025 is amended to read: Sec. 14.42.025. MEETINGS, RULES, VOTES REQUIRED. The commission shall prescribe its own rules of procedure. The commission shall meet at least twice a year ªONCE QUARTERLYß at a time and place determined by the chair [CHAIRMANß, and at other times and places as the chair [CHAIRMANß, or a majority of the members of the commission, consider necessary. A quorum is a majority of the members of the commission. The votes of the commission members shall be recorded, and effective action requires the affirmative vote of a majority of the commission members present. A commission member may not, with respect to a matter before the commission, vote for or on behalf of, or in any way exercise the vote of, another member of the commission." Renumber the following bill sections accordingly. 1996-05-02 House Journal Page 4269 SB 301 Page 21, line 18: Delete "sec. 46" Insert "sec. 47" Page 22, line 8: Delete "sec. 58" Insert "sec. 59" Page 22, line 14: Delete "sec. 58" Insert "sec. 59" Page 23, line 2: Delete "Section 56(c)" Insert "Section 57(c)" Page 23, line 3: Delete "sec. 57" Insert "sec. 58" Representative Robinson moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Bunde objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: CSSB 301(FIN) am H Second Reading Amendment No. 4 YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Hanley, Kott, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Sanders, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams 1996-05-02 House Journal Page 4270 SB 301 Absent: Austerman And so, Amendment No. 4 was not adopted. Representative Vezey moved and asked unanimous consent that CSSB301(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Kubina objected. The question being: Shall CSSB 301(FIN) am H be advanced to third reading on the same day? The roll was taken with the following result: CSSB 301(FIN) am H Second Reading Advance to Third Reading YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis And so, lacking the necessary 30 votes, CSSB 301(FIN) am H failed to advance and will be in third reading on the May 3, 1996, calendar. SB 303 The following was read the second time: CS FOR SENATE BILL NO. 303(FIN) An Act relating to management of the budget reserve fund; and providing for an effective date. 1996-05-02 House Journal Page 4271 SB 303 with the: Journal Page FIN RPT 8DP 4103 SENATE ZERO FISCAL NOTE (REV) 4/23/96 4103 Representative Vezey moved and asked unanimous consent that CSSB303(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 303(FIN) was read the third time. The question being: Shall CSSB 303(FIN) pass the House? The roll was taken with the following result: CSSB 303(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, 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 Absent: Foster And so, CSSB 303(FIN) passed the House. Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 303(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. The House stood at ease at 5:31 p.m. for a Majority Caucus. 1996-05-02 House Journal Page 4272 AFTER AT EASE The Speaker called the House back to order at 5:56 p.m. A third quorum call showed 26 members present. SECOND READING OF SENATE BILLS (Continued) SB 193 The following was read the second time: CS FOR SENATE BILL NO. 193(L&C) An Act requiring insurance coverage for certain costs of birth; and providing for an effective date. with the: Journal Page HES RPT HCS(HES) NT 5DP 2NR 3698 TITLE CHANGE AUTHORIZED BY HCR 34 3698 2 SEN ZERO FNS (DHSS, DCED) 2/21/96 3699 SEN ZERO FN (ADM/ALL DEPTS) 2/21/96 3699 L&C RPT 2DP 5NR 3877 SENATE ZERO FISCAL NOTE (DCED) 3/12/96 3877 SENATE ZERO FISCAL NOTE (DHSS) 2/21/96 3877 SENATE ZERO FN (ADM/ALL DEPT'S) 2/21/96 3877 Amendment No. 1 was offered by Representatives Toohey and Bunde: Page 1, line 1 (title amendment): Delete requiring Insert relating to Page 1, line 6: Delete provide Insert offer Page 1, line 10: Delete provide Insert offer 1996-05-02 House Journal Page 4273 SB 193 Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Navarre objected. Representative Navarre placed a call of the House. The call was satisfied. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: CSSB 193(L&C) Second Reading Amendment No. 1 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Bunde, James, Kelly, Kohring, Moses, Mulder, Ogan, Parnell, Porter, Toohey, Vezey Nays: Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kott, Kubina, Long, Mackie, Martin, Masek, Navarre, Nicholia, Phillips, Robinson, Rokeberg, Sanders, Therriault, Williams, Willis And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Toohey and Bunde: Page 2, lines 8-9: Delete all material. Reletter the following subparagraphs accordingly. Representative Toohey moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Navarre objected. 1996-05-02 House Journal Page 4274 SB 193 The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: CSSB 193(L&C) Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Bunde, Green, Hanley, James, Kelly, Kohring, Moses, Mulder, Ogan, Porter, Rokeberg, Therriault, Toohey, Vezey Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, Kott, Kubina, Long, Mackie, Martin, Masek, Navarre, Nicholia, Parnell, Phillips, Robinson, Sanders, Williams, Willis And so, Amendment No. 2 was not adopted. Representative Vezey moved and asked unanimous consent that CSSB193(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 193(L&C) was read the third time. The question being: Shall CSSB 193(L&C) pass the House? The roll was taken with the following result: CSSB 193(L&C) Third Reading Final Passage YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Navarre, Nicholia, Parnell, Phillips, Robinson, Rokeberg, Sanders, Therriault, Toohey, Williams, Willis 1996-05-02 House Journal Page 4275 SB 193 Nays: Bunde, James, Kelly, Kohring, Mulder, Ogan, Porter, Vezey And so, CSSB 193(L&C) 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. CSSB 193(L&C) was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 136 The following, which was advanced to third reading from the May 1, 1996, calendar (page 4197), was read the third time: CS FOR HOUSE BILL NO. 136(FIN) am 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. The Speaker invoked Section 102 of Masons Manual. Representative Martin placed a call of the House. The call was satisfied. The question being: Shall CSHB 136(FIN) am pass the House? The roll was taken with the following result: CSHB 136(FIN) am Third Reading Final Passage YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Foster, Green, Hanley, Kott, Kubina, Long, Martin, Masek, Moses, Mulder, Phillips, Porter, Rokeberg, Sanders, Toohey, Vezey 1996-05-02 House Journal Page 4276 HB 136 Nays: Austerman, Brice, Brown, Davies, B.Davis, G.Davis, Elton, Finkelstein, Grussendorf, Ivan, James, Kelly, Kohring, Mackie, Navarre, Nicholia, Ogan, Parnell, Robinson, Therriault, Williams, Willis And so, CSHB 136(FIN) am failed to pass the House. Representative Martin gave notice of reconsideration of his vote on CSHB 136(FIN) am (fld H). THIRD READING OF SENATE BILLS SB 112 The following, which was advanced to third reading from the May 1, 1996, calendar (page 4212), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 112(FIN) 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. Representative Ogan placed a call of the House and lifted the call. The question being: Shall HCS CSSB 112(FIN) pass the House? The roll was taken with the following result: HCS CSSB 112(FIN) Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 0 ABSENT: 4 Yeas: Austerman, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Elton, Finkelstein, Kubina 1996-05-02 House Journal Page 4277 SB 112 Absent: Barnes, Masek, Moses, Nicholia And so, HCS CSSB 112(FIN) passed the House. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 112(FIN). SECOND READING OF SENATE RESOLUTIONS SCR 23 The Speaker stated that, without objection, the following would be held until the May 3, 1996, calendar: CS FOR SENATE CONCURRENT RESOLUTION NO. 23(STA) am Relating to long range financial planning. THIRD READING OF SENATE RESOLUTIONS SJR 31 The following, which had been held in third reading to today's calendar (page 4206), was again before the House: 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. Representative Brown moved and asked unanimous consent that CSSJR 31(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Barnes objected. The question being: Shall CSSJR 31(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1? The roll was taken with the following result: 1996-05-02 House Journal Page 4278 SJR 31 CSSJR 31(FIN) Third Reading Return to Second for Amendment No. 1 YEAS: 13 NAYS: 22 EXCUSED: 0 ABSENT: 5 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Martin, Masek, Mulder, Ogan, Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey, Williams Absent: Kott, Moses, Navarre, Parnell, Sanders And so, the motion failed. The Speaker stated that CSSJR 31(FIN) would be held in third reading until the May 3, 1996, calendar. RECONSIDERATION SB 250 Representative Bunde brought up reconsideration of the vote on HCS CSSB 250(FIN) am H (page 4202). The following was again before the House in third reading: 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. Representative Therriault moved and asked unanimous consent that the House adopt the following Letter of Intent by Representative Therriault by request: 1996-05-02 House Journal Page 4279 SB 250 It is the intent of the Legislature that the University of Alaska use a portion of their lands to develop a demonstration forest project encompassing the principles of multiple use and sustained yield management. Furthermore, it is the intent of the Legislature that the University of Alaska analyze possible timber utilization programs to illustrate how timber in the forest can be completely and profitably used, including in-state value-added product manufacturing, to the highest degree possible. There being no objection, it was so ordered. The question to be reconsidered: Shall HCS CSSB 250(FIN) am H pass the House? The roll was taken with the following result: HCS CSSB 250(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 12 EXCUSED: 0 ABSENT: 2 Yeas: Austerman, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kubina, Long, Mackie, Martin, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Rokeberg, Therriault, Toohey, Vezey Nays: Barnes, Brown, Elton, Finkelstein, Grussendorf, Hanley, Kott, Masek, Navarre, Robinson, Sanders, Willis Absent: Porter, Williams And so, HCS CSSB 250(FIN) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1996-05-02 House Journal Page 4280 Honoring - Willie Lewis on his Retirement, Laborers Local Union 942 By Representatives Brice, Davies, B.Davis, Elton, Foster, Grussendorf, Ivan, James, Kelly, Kott, Kubina, Mackie, Masek, Navarre, Nicholia, Robinson, Therriault, Vezey, Willis In Memoriam - Duane Skip Snedden By Representatives Brice, Phillips, Davies, B.Davis, Elton, Foster, Ivan, James, Kelly, Kott, Kubina, Long, Mackie, Masek, Nicholia, Robinson, Therriault, Vezey, Willis RECONSIDERATION SB 263 Representative Brown brought up reconsideration of the vote on CSSB 263(JUD) (page 4201). The following was again before the House in third reading: CS FOR SENATE BILL NO. 263(JUD) An Act relating to copyright licensing and royalties; and providing for an effective date. Representative Brown moved and asked unanimous consent that CSSB263(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 3, line 25, following "AS45.50.900(a)(2)": Insert "; (3) contracts between copyright owners, or performing rights societies, and software publishers" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Representative Brown declared a conflict of interest. 1996-05-02 House Journal Page 4281 SB 263 The question to be reconsidered: Shall CSSB 263(JUD) am H pass the House? The roll was taken with the following result: CSSB 263(JUD) am H -- Reconsideration Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 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, Williams, Willis Absent: Finkelstein And so, CSSB 263(JUD) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 407 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: HOUSE BILL NO. 407 An Act relating to discrimination by certain insurers against a person with a genetic defect. HB 407 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 414 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: 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. 1996-05-02 House Journal Page 4282 HB 414 HB 414 was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. SB 80 The Speaker added a referral to the House Special Committee on World Trade and State/Federal Relations to follow the Finance Committee referral for: CS FOR SENATE BILL NO. 80(FIN) An Act relating to police protection service areas in certain unified municipalities; and to police protection provided by the state in certain municipal areas. CSSB 80(FIN) is in the Finance Committee. SB 199 The Speaker waived the Labor & Commerce Committee referral for the following at the request of Representative Kott, Chair: 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) was removed from the Labor & Commerce Committee and referred to the Finance Committee. SB 283 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: 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. CSSB 283(RLS) was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. 1996-05-02 House Journal Page 4283 SB 304 The Speaker waived the Finance Committee referral for the following at the request of Representative Hanley, Co-chair: CS FOR SENATE BILL NO. 304(RLS) am 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. CSSB 304(RLS) am was removed from the Finance Committee and referred to the Rules Committee for placement on the calendar. HB 312 Representative James added her name as cosponsor to: CS FOR HOUSE BILL NO. 312(RES) am An Act extending the date for a review of and a report on the current law regarding subsistence use of fish and game and delaying the repeal of the current law regarding subsistence use of fish and game; and providing for an effective date. SB 191 Representative James added her name as cross sponsor to: CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the activities of lobbyists that relate to election campaigns, the definitions of offenses of campaign misconduct, and to the use of the net proceeds of charitable gaming activities in election campaigns; and providing for an effective date. SB 193 Representative Nicholia 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. 1996-05-02 House Journal Page 4284 SB 316 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: SENATE BILL NO. 316(title am) An Act changing the term `disability' to `health' in the context of insurance coverage. ENGROSSMENT HB 312 CSHB 312(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 548 CSHB 548(WTR) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 165 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 165(HES) An Act relating to psychologists and psychological associates. SB 198 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CS FOR CS FOR SENATE BILL NO. 198(RES) An Act establishing the Homer Airport Critical Habitat Area. SB 250 HCS CSSB 250(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted with a letter of intent to the Senate for consideration. 1996-05-02 House Journal Page 4285 SB 263 CSSB 263(JUD) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 321 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 with a letter of intent for consideration: HOUSE CS FOR SENATE BILL NO. 321(JUD) An Act relating to incompetency to stand trial. ENROLLMENT HB 465 The following memorandum dated May 2, 1996, from the Enrolling Secretary was received: In accordance with Rule 43 of the Uniform Rules, I am reporting the following manifest errors of omission and spelling to SCS CSHB 465(RLS) am S. Because the Act has two effective dates, the errors of omission in secs. 15 and 16 have been corrected as follows: Page 4, line 29: Delete systems Insert system Page 11, line 13, following of: Insert secs. 3 and 5 of Page 11, line 16, following of: Insert secs. 3 and 5 of Page 11, line 20, following in: Insert a section of Page 11, line 21, following of: Insert that section of 1996-05-02 House Journal Page 4286 HB 465 The following was then 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 4:50 p.m., May 2, 1996: 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. HB 466 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 4:50 p.m., May 2, 1996: SENATE CS FOR CS FOR HOUSE BILL NO. 466(FIN) An Act establishing the Adak Reuse Authority. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 9:00 a.m., 5/3 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 3, 1996. There being no objection, the House adjourned at 8:08 p.m. Suzi Lowell Chief Clerk