Legislature(1995 - 1996)
1996-05-05 House Journal
Full Journal pdf1996-05-05 House Journal Page 4387 HOUSE JOURNAL ALASKA STATE LEGISLATURE NINETEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Sunday May 5, 1996 One Hundred Nineteenth Day Pursuant to adjournment, the House was called to order by Speaker Phillips at 1:41 p.m. Roll call showed 34 members present. Representatives Finkelstein, Hanley, Kubina, Mulder, Ogan and Therriault were absent and their presence was noted later. The invocation was offered by the Chaplain Designee, Representative Martin. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Lord we thank You for this very, very beautiful day. Lord, make us an instrument of Thy Peace. Where there is hatred, let us sow love; where there is injury, pardon; where there is doubt, faith; where there is despair, hope; where there is darkness, light; where there is sadness, joy. O Divine Master, grant that we may not so much seek to be consoled as to console; to be understood, as to understand; to be loved, as to love; for it is in giving that we receive; it is in pardoning that we are pardoned; and it is in dying that we are born to Eternal Life. Saint Francis of Assisi. 1996-05-05 House Journal Page 4388 The Pledge of Allegiance was led by Representative Foster. MESSAGES FROM THE SENATE HJR 61 A message dated May 5, 1996, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 61 Opposing the proposed changes in the functions of the federal Office of Veterans Affairs in Anchorage. HJR 61 was referred to the Chief Clerk for enrollment. HB 432 A message dated May 5, 1996, was read stating the Senate has passed: HOUSE BILL NO. 432 An Act relating to the practice of veterinary medicine. HB 432 was referred to the Chief Clerk for enrollment. HB 538 A message dated May 5, 1996, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 538(2d FSH) An Act relating to vessels participating in the Bering Sea Korean hair crab fishery; relating to a vessel permit limited entry system; and providing for an effective date. CSHB 538(2d FSH) was referred to the Chief Clerk for enrollment. HB 550 A message dated May 5, 1996, was read stating the Senate has passed: HOUSE BILL NO. 550 An Act relating to investments by fiduciaries; and providing for an effective date. HB 550 was referred to the Chief Clerk for enrollment. 1996-05-05 House Journal Page 4389 HB 93 A message dated May 4, 1996, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: 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) on the following specific point: SCS HB 93(HES) Duty free meal time in Section 1 The Speaker had previously granted the limited powers of free conference as requested (page 4375). SB 112 A message dated May 4, 1996, was read stating the Senate has concurred in the House amendment to CSSB 112(RES), thus adopting: 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. HB 359 A message dated May 5, 1996, was read stating the Senate has passed CSHB 359(JUD) am with the following amendment and it is transmitted for consideration: 1996-05-05 House Journal Page 4390 HB 359 SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date. CSHB 359(JUD) am is under Unfinished Business. SCR 8 A message dated May 4, 1996, was read stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSSCR 8(RLS) am H and CSSCR 8(RLS), thus adopting: CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 8 Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. The report is under Unfinished Business. Messages dated May 4, 1996, were read stating the Senate has pas s pa the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 215 CS FOR SENATE BILL NO. 215(FIN) am by the Senate Finance Committee, entitled: An Act relating to the functions of state agencies, including functions relating to certain state grants, the payment of state money, certain wages, warrants, and terminal leave, the selling of fish and game licenses and tags, certain taxes, royalties, and penalties, certain documents and bonds filed with and records of state agencies, certain public contracts, the service of process, the control of rabies, flour and bread standards, the athletic commission and regulation of boxing and wrestling, the regulation of professional geologists, and the water resources board; and providing for an effective date. 1996-05-05 House Journal Page 4391 SB 215 was read the first time and referred to the Finance Committee. SB 285 CS FOR SENATE BILL NO. 285(FIN) am by the Senate Finance Committee, entitled: An Act relating to management of discrete salmon stocks and to a salmon management assessment. was read the first time and referred to the Resources and Finance Committees. **The presence of Representatives Kubina and Ogan was noted. . REPORTS OF STANDING COMMITTEES SB 136 The Finance Committee has considered: 2d CS FOR SENATE BILL NO. 136(FIN) am(brf sup maj fld) An Act making, amending, and repealing appropriations; and providing for an effective date. and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR 2d CS FOR SENATE BILL NO. 136(FIN) An Act making, amending, and repealing appropriations; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. The report was signed by Representatives Hanley and Foster, Co- chairs, with the following individual recommendations: Do pass (6): Foster, Kelly, Kohring, Therriault, Mulder, Hanley No recommendation (2): Brown, Grussendorf Amend (1): Martin 1996-05-05 House Journal Page 4392 SB 136 2d CSSB 136(FIN) am(brf sup maj fld) is on today's calendar. REPORTS OF SPECIAL COMMITTEES HB 93 The Conference Committee with limited powers of free conference considering HB 93 am and SCS HB 93(HES) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 93 An Act relating to the duty-free mealtime for teachers in certain school facilities. The report was signed by Representatives James (Chair), and Mulder; and Senators Green (Chair), Miller and Salo. The following fiscal note applies to CCS HB 93: Zero fiscal note, Dept. of Education, 3/13/96 The report was received in the Chief Clerk's office at 1:30 p.m., May 5, 1996, and is under Unfinished Business. SCR 8 The Conference Committee with limited powers of free conference considering CSSCR 8(RLS) am H and CSSCR 8(RLS) recommends the following be adopted: CONFERENCE CS FOR SENATE CONCURRENT RESOLUTION NO. 8 Approving in part the revised open meetings guidelines proposed by the Select Committee on Legislative Ethics. The report was signed by Representatives G.Davis, Chair, and Mackie; and Senators Rieger, Chair, and Donley. The following fiscal note applies to CCS SCR 8: Senate zero fiscal note, Senate Rules Committee, 2/27/95 1996-05-05 House Journal Page 4393 SCR 8 The report was received in the Chief Clerk's office at 3:20 p.m., May 4, 1996, and is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Anita Van Dyck By Senator Taylor; Representative Grussendorf Honoring - Rachel Hall, Rhodes Scholar By Senator Leman Honoring - Arch Fry By Senator Lincoln; Representative Kubina In Memoriam - Dr. Mike Franklin By Representatives Elton, Robinson; Senator Duncan In Memoriam - James Hutch Hutchison By Representative Vezey In Memoriam - Cleone Mae Hurst Hoffman By Representative Toohey In Memoriam - Belle Deacon By Senator Lincoln; Representative Nicholia INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 38 HOUSE CONCURRENT RESOLUTION NO. 38 by the House Rules Committee by request: Relating to state control of the management of the region surrounding the Fortymile River and its drainage. 1996-05-05 House Journal Page 4394 HCR 38 was read the first time and referred to the Rules Committee for placement on the calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 20 The Speaker stated that, without objection, the following would be held until the May 6, 1996, calendar: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 20(FIN) An Act relating to certain programs of state aid to municipalities and recipients in the unorganized borough; and providing for an effective date. SB 69 The Speaker stated that, without objection, the following would be held until the May 6, 1996, calendar: CS FOR SENATE BILL NO. 69(RES) An Act relating to hazardous chemicals, hazardous materials, and hazardous waste. SB 136 The Speaker stated that, without objection, the following would be moved down the calendar to follow SCR 23: 2d CS FOR SENATE BILL NO. 136(FIN) am(brf sup maj fld) An Act making, amending, and repealing appropriations; and providing for an effective date. **The presence of Representative Therriault was noted. SB 191 The following was read the second time: CS FOR SENATE BILL NO. 191(FIN) An Act relating to election campaigns, election campaign financing, the oversight and regulation of election campaigns, the 1996-05-05 House Journal Page 4395 SB 191 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. with the: Journal Page FIN RPT HCS(FIN) 4DP 5NR 4338 SENATE FISCAL NOTE (ADM) 4/9/96 4338 SENATE FISCAL NOTE (LAW) 3/25/96 4338 SENATE ZERO FISCAL NOTE (GOV) 3/20/96 4338 SENATE ZERO FISCAL NOTE (LAA) 3/25/96 4338 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. 191(FIN) (same title) There being no objection, it was so ordered. **The presence of Representative Finkelstein was noted. Amendment No. 1 was offered by Representative Bunde: Page 31, lines 29-30: Delete all material and insert: * Sec. 35. If secs. 1 - 11 and 13 - 32 of this Act take effect, (1) AS 15.13.112(b)(1) - (3), added by sec. 19 of this Act, take effect July 1, 1996; and (2) except as provided in (1) of this section, secs. 1 - 11 and 13 - 32 of this Act take effect January 1, 1997. Representative Bunde moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. **The presence of Representative Mulder was noted. 1996-05-05 House Journal Page 4396 SB 191 The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS CSSB 191(FIN) Second Reading Amendment No. 1 YEAS: 10 NAYS: 27 EXCUSED: 0 ABSENT: 3 Yeas: Bunde, G.Davis, Elton, Finkelstein, Green, Kelly, Kohring, Parnell, Therriault, Toohey Nays: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Foster, Grussendorf, Ivan, James, Kott, Kubina, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg, Sanders, Vezey, Williams, Willis Absent: Hanley, Long, Navarre And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Finkelstein and Phillips: Page 5, lines 26-27: Delete the name of the candidate whom the group opposes may not appear as part of the name of the group. Insert the group's name must clearly state that it opposes that candidate by using a word such as opposes, opposing, in opposition to, or against, in the group's name. Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. Representative Vezey moved and asked unanimous consent that HCS CSSB 191(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. 1996-05-05 House Journal Page 4397 SB 191 Representative Mackie objected. The Speaker stated that HCS CSSB 191(FIN) am H will be in third reading on the May 6, 1996, calendar. **The presence of Representative Hanley was noted. SB 43 The Speaker stated that, without objection, the following would be held to the May 6, 1996, calendar: CS FOR SENATE BILL NO. 43(L&C) An Act relating to registration by the Board of Registration for Architects, Engineers, and Land Surveyors; clarifying the meaning of practicing or offering to practice architecture, engineering, or land surveying; and amending the definition of `practice of land surveying. SB 98 The following was read the second time: CS FOR SENATE BILL NO. 98(RLS) An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in 1996-05-05 House Journal Page 4398 SB 98 substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to day care assistance and the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. with the: Journal Page HES RPT HCS(HES) 2DP 2NR 2AM 4098 4 SEN FNS (REV, DOE, 2-LABOR) 4/22/96 4099 6 SEN FNS (DPS, 3-DCED, 2-F&G) 4/22/96 4099 13 SENATE FNS (DHSS) 4/22/96 4100 2 SENATE ZERO FNS (LABOR, DHSS) 4/22/96 4100 FIN RPT HCS(FIN) NT 9NR 4335 WAIVER TRACK FN PACKET (FN #S 28-36) 4337 8 FNS (DHSS) 5/4/96 4337 ZERO FISCAL NOTE (DHSS) 5/4/96 4337 COMPREHENSIVE TRACK FN PACKET(FN #37-46) 4337 9 FNS (DHSS) 5/4/96 4337 ZERO FISCAL NOTE (DHSS) 5/4/96 4337 COMPREHENSIVE TRACK SEN FN PACKET 4337 4 SEN FNS (REV, DOE, 2-LABOR) 4/22/96 4337 6 SEN FNS (DPS, 3-DCED, 2-F&G) 4/22/96 4337 SENATE ZERO FNS (LABOR) 4/22/96 4337 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. 98(FIN) An Act making changes related to the aid to families with dependent children program (AFDC); relating to the duties of the Department of Health and Social Services; establishing a workfare pilot project for AFDC recipients; establishing a diversion program for AFDC applicants; directing the Department of Health and Social Services to seek waivers of applicable federal laws; 1996-05-05 House Journal Page 4399 SB 98 establishing and relating to the Alaska temporary assistance program and repealing the AFDC and job opportunity and basic skills programs upon the establishment of federal welfare reform; relating to work activities required under the Alaska temporary assistance program; authorizing qualified entities to contract with the state to administer all or part of the Alaska temporary assistance program; relating to child support; relating to certain licenses and applications for a license for persons who are not in substantial compliance with orders, judgments, or payment schedules for child support; relating to an exemption to the State Procurement Code for certain services and contracts under the Alaska temporary assistance program; relating to disclosure of information that relates to the Alaska temporary assistance program; relating to eligibility for day care benefits administered by the Department of Community and Regional Affairs; amending Rule 90.3(c) and (h)(2), Alaska Rules of Civil Procedure; and providing for an effective date. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Toohey: Page 12, lines 4-8: Delete subparagraph (A) Reletter the following subparagraphs accordingly. Page 14, line 30 - Page 15, line 3: Delete subparagraph (A) Reletter the following subparagraphs accordingly. Representative Toohey moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Brice objected. 1996-05-05 House Journal Page 4400 SB 98 Representative Toohey moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment Nos. 2 and 3 were not offered. Representative Brown placed a call of the House and lifted the call. Amendment No. 4 was offered by Representatives Brice and B.Davis: Page 48, line 24, following "award.": Insert "Notwithstanding other provisions of this paragraph, the court may provide in its order that the grandparent's liability for child support payments will increase by up to 50 percent if the grandparent's child does not reside in a place of residence maintained by the child's parent, legal guardian, or other adult relative of the child as the parent's, guardian's, or other adult relative's own home or if the grandparent's child fails, without good cause, to meet adequate levels of school attendance, as defined by the court in its order under this paragraph." Representative Brice moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: HCS CSSB 98(FIN) Second Reading Amendment No. 4 YEAS: 11 NAYS: 25 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Long, Mackie, Robinson, Willis 1996-05-05 House Journal Page 4401 SB 98 Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Absent: Grussendorf, Moses, Navarre, Williams And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brice: Page 50, line 23, following funds: Insert , not including program receipts, Page 50, line 24, following funds: Insert , not including program receipts, Representative Brice moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: HCS CSSB 98(FIN) Second Reading Amendment No. 5 YEAS: 12 NAYS: 23 EXCUSED: 0 ABSENT: 5 Yeas: Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Nicholia, Willis Nays: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey Absent: Mackie, Moses, Navarre, Vezey, Williams And so, Amendment No. 5 was not adopted. 1996-05-05 House Journal Page 4402 SB 98 Amendment No. 6 was offered by Representative Davies: Page 49, line 5, following by allowing: Delete retroactive modification of Insert relief from an administrative order for Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Davies: Page 38, following line 12, through line 14: Delete all material. Page 38, line 19, following AS 16.05.530;: Insert(iii) a license issued under AS 47.35; (iv) a business license issued under AS 43.70; Renumber the following subparagraphs accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 7 was adopted. Amendment No. 8 was offered by Representative Therriault: Page 9, line 30, following physical: Delete or emotional Representative Therriault moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Davies objected. 1996-05-05 House Journal Page 4403 SB 98 Amendment to Amendment No. 8 was offered by Representative Davies: Add the following: Insert or mental Representative Davies moved and asked unanimous consent that the amendment to Amendment No. 8 be adopted. Representative Therriault objected. The question being: Shall the amendment to Amendment No. 8 be adopted? The roll was taken with the following result: HCS CSSB 98(FIN) am H Second Reading Amendment to Amendment No. 8 YEAS: 10 NAYS: 26 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Davies, B.Davis, Elton, Kubina, Nicholia, Robinson, Sanders, Toohey, Willis Nays: Austerman, Barnes, Brown, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Therriault, Vezey Absent: Bunde, Finkelstein, Mackie, Williams And so, the amendment to Amendment No. 8 was not adopted. Representative Therriault moved and asked unanimous consent to withdraw Amendment No. 8. There being no objection, it was so ordered. Amendment No. 9 was not offered. 1996-05-05 House Journal Page 4404 SB 98 Amendment No. 10 was offered by Representative Brown: Page 45, lines 21 - 22: Delete "financial information concerning an eligibility determination of a person applying for or" Insert "nonidentifying information concerning eligibility determinations of persons applying for or receiving assistance under the Alaska temporary assistance program or a report on the results of an inquiry regarding possible fraud based on information received from a legislator concerning a specified person who has applied for or is" Page 46, lines 20 - 21: Delete "financial information concerning an eligibility determination of a person applying for or" Insert "nonidentifying information concerning eligibility determinations of persons applying for or receiving assistance under the Alaska temporary assistance program or a report on the results of an inquiry regarding possible fraud based on information received from a legislator concerning a specified person who has applied for or is" Page 46, line 24: Delete "Information" Insert "Confidential information" Representative Brown moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Therriault objected. The question being: Shall Amendment No. 10 be adopted? The roll was taken with the following result: HCS CSSB 98(FIN) am H Second Reading Amendment No. 10 YEAS: 13 NAYS: 22 EXCUSED: 0 ABSENT: 5 1996-05-05 House Journal Page 4405 SB 98 Yeas: Brice, Brown, Bunde, Davies, B.Davis, Finkelstein, Grussendorf, Kubina, Long, Navarre, Nicholia, Robinson, Willis Nays: Austerman, G.Davis, Foster, Green, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams Absent: Barnes, Elton, Hanley, Mackie, Moses And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Therriault: Page 15, line 10, following under this: Delete subparagraph Insert paragraph Representative Therriault moved and asked unanimous consent that Amendment No. 11 be adopted. There being no objection, it was so ordered. Amendment No. 12 was offered by Representative Brice: Page 9, following line 14, through page 10, line 23: Delete all material. Representative Brice moved and asked unanimous consent that Amendment No. 12 be adopted. Objection was heard. Representative Brice moved and asked unanimous consent to withdraw Amendment No. 12. There being no objection, it was so ordered. Amendment Nos. 13 and 14 were not offered. 1996-05-05 House Journal Page 4406 SB 98 Representative Vezey moved and asked unanimous consent that HCS CSSB 98(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Mackie objected. The Speaker stated that HCS CSSB 98(FIN) am H will be in third reading on the May 6, 1996, calendar. THIRD READING OF SENATE BILLS SB 175 The following, which was advanced to third reading from the May 4, 1996, calendar (page 4361), was read the third time: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175(FIN) am H An Act relating to correctional institutions and their administration, and to services provided to prisoners; amending the definition of `severely medically disabled' applicable to prisoners seeking special medical parole; and amending provisions of the correctional industries program, and extending the termination date of the Correctional Industries Commission and the program. Representative Finkelstein moved and asked unanimous consent that HCS CSSSSB 175(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Finkelstein: Page 4, line 3: Delete R, Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Ogan objected. 1996-05-05 House Journal Page 4407 SB 175 Representative Rokeberg declared a conflict of interest. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: HCS CSSSSB 175(FIN) am H Second Reading Amendment No. 3 YEAS: 21 NAYS: 14 EXCUSED: 0 ABSENT: 5 Yeas: Austerman, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Grussendorf, Kubina, Long, Mackie, Nicholia, Phillips, Porter, Robinson, Rokeberg, Toohey, Williams, Willis Nays: Brice, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Therriault, Vezey Absent: Barnes, Green, Hanley, Navarre, Sanders And so, Amendment No. 3 was adopted. Representative Navarre placed a call of the House and lifted the call. The question being: Shall HCS CSSSSB 175(FIN) am H pass the House? The roll was taken with the following result: HCS CSSSSB 175(FIN) am H Third Reading Final Passage YEAS: 26 NAYS: 11 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Brice, Bunde, Davies, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Mackie, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-05-05 House Journal Page 4408 SB 175 Nays: Brown, B.Davis, G.Davis, Elton, Finkelstein, Kubina, Long, Navarre, Nicholia, Robinson, Willis Absent: Barnes, Foster, Kott And so, HCS CSSSSB 175(FIN) am H passed the House. Representative Navarre gave notice of reconsideration of his vote on HCS CSSSSB 175(FIN) am H. SECOND READING OF HOUSE RESOLUTIONS HCR 30 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to rights of public school students. with the: Journal Page HES RPT CS(HES) 3DP 2NR 1AM 3265 ZERO FISCAL NOTE (DOE) 3266 JUD RPT CS(JUD) NT 6DP 3660 ZERO FISCAL NOTE (DOE) 3/22/96 3660 FIN REFERRAL WAIVED 4018 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 30(JUD) Relating to rights and responsibilities of public school students. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Green: Page 1, line 14, following "adopt": Insert "or revise existing" 1996-05-05 House Journal Page 4409 HCR 30 Representative Green moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kubina objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. The question being: Shall CSHCR 30(JUD) am pass the House? The roll was taken with the following result: CSHCR 30(JUD) am Second Reading Final Passage YEAS: 21 NAYS: 16 EXCUSED: 0 ABSENT: 3 Yeas: Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Moses, Mulder, Parnell, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey Nays: Barnes, Brice, Brown, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Masek, Navarre, Nicholia, Ogan, Phillips, Robinson, Willis Absent: Davies, B.Davis, Williams Barnes changed from "Yea" to "Nay". Masek changed from "Yea" to "Nay". Grussendorf changed from "Yea" to "Nay". Willis changed from "Yea" to "Nay". Kelly changed from "Nay" to "Yea". Brice changed from "Yea" to "Nay". Mulder changed from "Nay" to "Yea". And so, CSHCR 30(JUD) am passed the House. Representative Mackie gave notice of reconsideration of his vote on CSHCR 30(JUD) am. Representative Vezey moved and asked unanimous consent that the House recess until 8:00 p.m. There being no objection, the House recessed at 6:10 p.m. 1996-05-05 House Journal Page 4410 AFTER RECESS The House was called back to order at 9:10 p.m. A second quorum call showed 22 members present. SECOND READING OF SENATE RESOLUTIONS SJR 5 The following was read the second time: 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. with the: Journal Page JUD RPT 4DP 4225 SENATE ZERO FISCAL NOTE (S.RLS) 4/25/96 4226 Representative Vezey moved and asked unanimous consent that CSSSSJR 5(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSSJR 5(RLS) was read the third time. The question being: Shall CSSSSJR 5(RLS) pass the House? The roll was taken with the following result: CSSSSJR 5(RLS) Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 0 ABSENT: 10 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Foster, Green, Grussendorf, Ivan, James, Kelly, Kott, Long, Martin, Masek, Moses, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Toohey, Vezey, Williams, Willis 1996-05-05 House Journal Page 4411 SJR 5 Absent: Finkelstein, Hanley, Kohring, Kubina, Mackie, Mulder, Navarre, Rokeberg, Sanders, Therriault And so, CSSSSJR 5(RLS) passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SCR 23 The Speaker stated that, without objection, the following would be held until the May 6, 1996, calendar: CS FOR SENATE CONCURRENT RESOLUTION NO. 23(STA) am Relating to long range financial planning. ANNOUNCEMENTS Majority Caucus Speakers Chamber upon recess, 5/5 Representative Vezey moved and asked unanimous consent that the House recess until 10:00 p.m. There being no objection, the House recessed at 9:16 p.m. AFTER RECESS The House was called back to order at 10:21 p.m. and a third quorum call showed 26 members present. SECOND READING OF SENATE BILLS (Continued) SB 136 The following, which had been moved down the calendar to follow SCR 23 (page 4392), was read the second time: 2d CS FOR SENATE BILL NO. 136(FIN) am(brf sup maj fld) An Act making, amending, and repealing appropriations; and providing for an effective date. with the: Journal Page FIN RPT 2d HCS FIN 6DP 2NR 4391 1996-05-05 House Journal Page 4412 SB 136 Representative Vezey moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR 2d CS FOR SENATE BILL NO. 136(FIN) An Act making, amending, and repealing appropriations; making an appropriation under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date. There being no objection, it was so ordered. Representative Brown placed a call of the House on the bill. Amendment No. 1 was offered by Representative Martin: Page 32, lines 4-12: Delete all material. Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. The Speaker invoked Section 102 of Masons Manual. Representative Davies declared a conflict of interest. The call was satisfied. The question being: Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) Second Reading Amendment No. 1 YEAS: 8 NAYS: 32 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Davies, B.Davis, Grussendorf, Kohring, Kott, Martin, Navarre 1996-05-05 House Journal Page 4413 SB 136 Nays: Austerman, Barnes, Brown, Bunde, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kubina, Long, Mackie, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brown: Page 39, line 13: Under Appropriation Items: Delete 966,678 Insert 2,810,000 Under General Fund: Delete 966,678 Insert 2,810,000 Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hanley objected. The question being: Shall Amendment No. 2 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) Second Reading Amendment No. 2 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Navarre, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-05-05 House Journal Page 4414 SB 136 And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Martin: Page 44, line 13: Delete "600,000" in both places Insert "2,400,000" in both places Page 44, following line 14: Insert "Alaska Housing Finance Corporation should not fund any designated grants but design a competitive bid process for all capital budget expenditures. The appropriations made in Stripper Well Oil Overcharge and Low-Income Weatherization are contingent on Alaska Housing Finance Corporation's adoption of a competitive bid process for all components." Representative Martin moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Mulder objected. The question being: Shall Amendment No. 3 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) Second Reading Amendment No. 3 YEAS: 8 NAYS: 32 EXCUSED: 0 ABSENT: 0 Yeas: Brice, B.Davis, Grussendorf, Kohring, Kott, Martin, Navarre, Nicholia Nays: Austerman, Barnes, Brown, Bunde, Davies, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kubina, Long, Mackie, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 3 was not adopted. 1996-05-05 House Journal Page 4415 SB 136 Amendment No. 4 was offered by Representative Martin: Page 32, lines 2 - 12: Delete all material and insert: APPROPRIATION GENERAL OTHER ALLOCATIONS ITEMS FUND FUNDS Alaska Craftsman Home 300,000 300,000 Program (ED 99) The source of these funds shall be federal Stripper Well Oil Overcharge funds appropriated to Alaska Housing Finance Corporation projects in the Department of Revenue. It is the intent of the legislature that the program and projects funded under this appropriation be competitively bid. Energy Rated Homes of 300,000 300,000 Alaska Program (ED 99) The source of these funds shall be federal Stripper Well Oil Overcharge funds appropriated to Alaska Housing Finance Corporation projects in the Department of Revenue. It is the intent of the legislature that the program and projects funded under this appropriation be competitively bid." Representative Martin moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected. The question being: Shall Amendment No. 4 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) Second Reading Amendment No. 4 YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Bunde, Davies, B.Davis, Grussendorf, Kohring, Kott, Martin, Navarre 1996-05-05 House Journal Page 4416 SB 136 Nays: Austerman, Barnes, Brown, G.Davis, Elton, Finkelstein, Foster, Green, Hanley, Ivan, James, Kelly, Kubina, Long, Mackie, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Martin: Add a new section to read: * Sec. A. (a) The sum of $50,000 is appropriated from the medical facilities authority fund to the Department of Health and Social Services for payment as a grant under AS 37.05.316 to the Special Olympics Alaska for the Special Olympics program. (b) The unexpended and unobligated balance in the medical facilities authority fund after the appropriation made by (a) of this section is appropriated to the Department of Health and Social Services for payment as seven grants under AS 37.05.316 in equal amounts for upgrading search and rescue and emergency medical equipment to the following seven regional emergency medical services entities: Interior Region EMS Council, Inc.; North Slope Borough Fire Department; Maniilaq Emergency Medical Services; Norton Sound Health Corporation; Southeast Region EMS Council, Inc.; Southern Region EMS Council, Inc.; and Yukon Kuskokwim Health Corporation. Representative Martin moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Mulder Representative Brown Objection was heard and the members were required to vote. 1996-05-05 House Journal Page 4417 SB 136 The question being: Shall Amendment No. 5 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) Second Reading Amendment No. 5 YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 5 was adopted. Amendment No. 6 was offered by Representative Foster: Page 5, lines 28-29: Delete Chugiak Police and Fire Department emergency equipment Insert Chugiak Volunteer Fire Department Equipment Representative Foster moved and asked unanimous consent that Amendment No. 6 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Williams: Page 30, following line 2: Insert a new bill section to read: "* Sec. 72. ED 99. The unexpended and unobligated balance, not to exceed $250,000, of the appropriation made in sec. 152, ch. 5, FSSLA 1992, page 57, line 8, as amended by sec.61, ch. 8, FSSLA 1994 (Marine highway system administration building construction) is 1996-05-05 House Journal Page 4418 SB 136 reappropriated to the University of Alaska, Institute of Social and Economic Research for the fiscal years ending June30, 1996, and June30, 1997, for a study on the socioeconomic impacts of Tongass Land Management Plan revision alternatives." Renumber the following bill sections accordingly. Page 30, line 5: Delete "and 80" Insert "and 81" Page 30, line 12: Delete "80, and 81" Insert "81, and 82" Page 30, line 13: Delete "sec. 78" Insert "sec. 79" Page 30, line 15: Delete "SECTION 80" Insert "SECTION 81" Page 31, line 2: Delete "Section 81" Insert "sec. 82" Page 72, line 19: Delete "Section 80" Insert "sec. 81" Representative Williams moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. Representative Williams moved and asked unanimous consent to withdraw Amendment No. 7. There being no objection, it was so ordered. 1996-05-05 House Journal Page 4419 SB 136 Amendment No. 8 was offered by Representatives Barnes, Phillips, Masek, Austerman, Sanders, B.Davis, Davies, Robinson, Brice, Navarre, Elton, Brown, and Willis: Add a new bill section to read: Notwithstanding AS 37.14.300(c), an amount equal to the amount to be received as distributions of liquidating trusts of the estate of Executive Life Insurance Company of California, not to exceed $6,000,000, is appropriated from the investment loss trust fund to the principal of the Alaska Children's trust (AS 37.14.200). Representative Barnes moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Bunde objected. The question being: Shall Amendment No. 8 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 8 YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Foster, Grussendorf, Ivan, James, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Phillips, Robinson, Rokeberg, Sanders, Williams, Willis Nays: Bunde, G.Davis, Green, Hanley, Kelly, Kohring, Martin, Ogan, Parnell, Porter, Therriault, Toohey, Vezey And so, Amendment No. 8 was adopted. Amendment No. 9 was offered by Representatives Masek, Ogan and Kohring: Page 9, following line 4: Insert a new bill section to read: 1996-05-05 House Journal Page 4420 SB 136 * Sec. __. (a) The sum of $505,000 is reappropriated from the unexpended and unobligated balance of the appropriation made in sec. 227, ch. 117, SLA 1989, page 77, line 18 (Wishbone Mine/Glenn Highway improvements - $2,200,000) to the Department of Transportation and Public Facilities, Matanuska- Susitna maintenance and operation, for the following projects: APPROPRIATION PROJECT AMOUNT Palmer Wasilla Parks Highway intersection improvements $ 10,000 Trunk Road improvements 125,000 Wasilla Fishhook Road improvements 140,000 Springer Loop improvements 140,000 Palmer Fishhook Road improvements 40,000 Maud Road improvements 50,000 (b) The sum of $20,000 is reappropriated from the unexpended and unobligated balance of the appropriation made in sec. 227, ch. 117, SLA 1989, page 77, line 18 (Wishbone Mine/Glenn Highway improvements - $2,200,000) to the Department of Natural Resources for the Upper Susitna Soil and Water Conservation District for Moose Creek Bridge improvements. (c) The sum of $25,000 is reappropriated from the unexpended and unobligated balance of the appropriation made in sec. 227, ch. 117, SLA 1989, page 77, line 18 (Wishbone Mine/Glenn Highway improvements - $2,200,000) to the Department of Administration for payment as a grant under AS 37.05.316 to Victims for Justice for crime victims assistance program expenses for the fiscal year ending June 30, 1997. (d) If the amount available for reappropriation under (a) - (c) of this section is less than $550,000, then the reappropriatons made by (a) - (c) shall be reduced in proportion to the amount of the shortfall. Renumber the following bill sections accordingly. Representative Kohring moved and asked unanimous consent that Amendment No. 9 be adopted. 1996-05-05 House Journal Page 4421 SB 136 Representative Navarre objected. Amendment to Amendment No. 9 was offered by Representative Hanley: Delete subsection (c) Representative Hanley moved and asked unanimous consent that the amendment to Amendment No. 9 be adopted. There being no objection, it was so ordered. Amendment No. 2 to Amendment No. 9 was offered by Representative Ogan: Delete subsection (c) and insert: The sum of $25,000 is reappropriated from the unexpended and unobligated balance to the acquisition of the right-of-way for Clark Wolverine Road. Representative Ogan moved and asked unanimous consent that Amendment No. 2 to Amendment No. 9 be adopted. Objection was heard. Representative Ogan moved and asked unanimous consent to withdraw Amendment No. 2 to Amendment No. 9. There being no objection, it was so ordered. There being no further objection to Amendment No. 9 as amended, it was adopted. Amendment No. 10 was offered by Representatives Therriault and Green: Add a new bill section to read: *Sec.__. The unexpended and unobligated balance of the appropriation made in Section 19, Chapter 79, SLA 93, Page 18, Lines 7-8 (Department of Natural Resources - Prudhoe Bay Reservoir Models, $100,000) is repealed and reappropriated in the 1996-05-05 House Journal Page 4422 SB 136 following manner: $90,000 to the University of Alaska Fairbanks, School of Mineral Engineering, for the purpose of Prudhoe Bay Reservoir simulation studies; and $10,000 to the Alaska Oil & Gas Conservation Commission for the purposes of contracting for professional technical services relating to the metering of natural gas liquids. Representative Therriault moved and asked unanimous consent that Amendment No. 10 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 10 was adopted. Amendment No. 11 was offered by Representative Robinson: Page 39, following line 34, add: Appropriation General Items Fund Johnson Youth Center Treatment Unit Construction 3,000,000 3,000,000 Representative Robinson moved and asked unanimous consent that Amendment No. 11 be adopted. Objection was heard. The question being: Shall Amendment No. 11 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 11 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis 1996-05-05 House Journal Page 4423 SB 136 Nays: Austerman, Barnes, Brice, 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 And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative B.Davis: Page 43, line 37: Under Appropriation Items: Delete 250,000 Insert 500,000 Under Other Funds: Delete 250,000 Insert 500,000 Representative B.Davis moved and asked unanimous consent that Amendment No. 12 be adopted. Objection was heard. The question being: Shall Amendment No. 12 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 12 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Ogan, Robinson, Willis Nays: Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-05-05 House Journal Page 4424 SB 136 And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Finkelstein: Page 27, following line 26: Insert a new bill section to read: "* Sec. 67. The sum of $350,000 is appropriated from the general fund to the Department of Administraiton for payment as a grant under AS 37.05.315 to the Municipality of Anchorage for a new Mountain View Recreation Center. Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 13 be adopted. Objection was heard. The question being: Shall Amendment No. 13 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 13 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Toohey, Willis Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Vezey, Williams And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Moses: Insert a new bill section to read: 1996-05-05 House Journal Page 4425 SB 136 "* Sec. __. The unexpended and unobligated balance of the appropriation made in sec. 4, ch. 24, SLA 1984, page 62, line 20 (Naknek/King Salmon road rehabilitation - $2,300,000) is reappropriated to the Department of Community and Regional Affairs for payment as a grant under AS 37.05.317 to the King Salmon Village Council for maintenance, repairs, and construction of the health clinic. Renumber the following sections accordingly. Representative Moses moved and asked unanimous consent that Amendment No. 14 be adopted. There being no objection, it was so ordered. Amendment No. 15 was offered by Representative Foster: Page 23, lines 12-16: Delete all material. Representative Foster moved and asked unanimous consent that Amendment No. 15 be adopted. There being no objection, it was so ordered. Amendment No. 16 was offered by Representative Masek: Page 45, line 21: Under Appropriation Items: Delete 193,592,900 Insert 199,592,900 Under Other Funds: Delete 189,592,900 Insert 195,592,900 Page 47, following line 9: Insert Allocations Denali Highway: MP21-42 Resurfacing (ED 99) 6,000,000 Adjust funding by agency information accordingly. 1996-05-05 House Journal Page 4426 SB 136 Representative Masek moved and asked unanimous consent that Amendment No. 16 be adopted. Objection was heard. Amendment to Amendment No. 16 was offered by Representative Hanley: Delete 6,000,000" Insert 5,500,000" Adjust funding by agency information accordingly. Representative Hanley moved and asked unanimous consent that the amendment to Amendment No. 16 be adopted. There being no objection, it was so ordered. Representative Brown lifted the call. The question being: Shall Amendment No. 16 as amended be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 16 as amended YEAS: 28 NAYS: 5 EXCUSED: 0 ABSENT: 7 Yeas: Austerman, Barnes, G.Davis, Elton, Foster, Green, Grussendorf, Hanley, Ivan, James, Kohring, Kott, Kubina, Long, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Toohey, Vezey, Williams Nays: Brown, Davies, Kelly, Rokeberg, Therriault Absent: Brice, Bunde, B.Davis, Finkelstein, Mackie, Sanders, Willis And so, Amendment No. 16 as amended was adopted. 1996-05-05 House Journal Page 4427 SB 136 Amendment No. 17 was offered by Representative Vezey: Page 11, line 15: Delete "Village I.R.A. Council" Page 11, lines 24 - 25: Delete "the Chenega Bay I.R.A. Council" Insert "Chenega Bay" Page 13, line 30: Delete "Section" Insert "Contingent upon the Tununak I.R.A. Council forming a corporation under the laws of the state that is subject to the laws of the state and that is assigned responsibility for execution of the grant made under the appropriation made by sec.28(b), ch. 96, SLA 1991, as amended by sec. 51, ch. 41, SLA 1993, sec." Page 16, line 27: Delete "Section" Insert "Contingent upon the Naknek Village Council forming a corporation under the laws of the state that is subject to the laws of the state and that is assigned responsibility for execution of the grant made under the appropriation made by sec. 165, ch. 96, SLA 1991, page 128, line 19, sec." Page 17, line 2: Delete "Section" Insert "Contingent upon the Naknek Village Council forming a corporation under the laws of the state that is subject to the laws of the state and that is assigned responsibility for execution of the grant made under the appropriation made by sec. 154, ch. 5, FSSLA 1992, page 117, line 17, sec." Page 21, line 29: Delete "the Orutsaramuit Native Council" Insert "Orutsaramuit" Representative Vezey moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Long objected. Representative Mackie placed a call of the House. The call was satisfied. 1996-05-05 House Journal Page 4428 SB 136 Representative Vezey moved and asked unanimous consent to withdraw Amendment No. 17. There being no objection, it was so ordered. Amendment No. 18 was offered by Representative Hanley: Page 20, lines 27-30: Delete all material. Renumber the following sections accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 18 be adopted. There being no objection, it was so ordered. The number 19 was not used. Amendment No. 20 was offered by Representative Navarre: Page 50, line 30: Under Appropriation Items: Delete 1,240,000 Insert 1,340,000 Representative Navarre moved and asked unanimous consent that Amendment No. 20 be adopted. Representative G.Davis objected. The question being: Shall Amendment No. 20 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 20 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davies, B.Davis, Elton, Finkelstein, Green, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis 1996-05-05 House Journal Page 4429 SB 136 Nays: Austerman, Barnes, Brice, Bunde, G.Davis, Foster, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 20 was not adopted. Amendment No. 21 was offered by Representative B.Davis: Page 21, line 9: Delete 14,328 Insert 10,328 Page 21, following line 9, insert: Nunaka Valley Community Patrol Equipment - $2,000 Airport Heights Community Patrol Equipment - $2,000 Renumber the following subsections accordingly. Representative B.Davis moved and asked unanimous consent that Amendment No. 21 be adopted. Representative Martin objected. The question being: Shall Amendment No. 21 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 21 YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Martin And so, Amendment No. 21 was adopted. 1996-05-05 House Journal Page 4430 SB 136 Amendment No. 22 was offered by Representative Grussendorf: Page 55, line 28, following Compliance: Insert /Renovation Representative Grussendorf moved and asked unanimous consent that Amendment No. 22 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 22 was adopted. Amendment No. 23 was offered by Representative Navarre: Page 19, line 28 through page 20, line 1: Delete all material. Representative Navarre moved and asked unanimous consent that Amendment No. 23 be adopted. Objection was heard. The question being: Shall Amendment No. 23 be adopted? The roll was taken with the following result: HCS 2d CSSB 136(FIN) am H Second Reading Amendment No. 23 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis Nays: Austerman, Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams 1996-05-05 House Journal Page 4431 SB 136 Barnes changed from "Yea" to "Nay". Brown changed from "Nay" to "Yea". Kubina changed from "Nay" to "Yea". And so, Amendment No. 23 was not adopted. Representative Vezey moved and asked unanimous consent that HCS 2d CSSB 136(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS 2d CSSB 136(FIN) am H will be in third reading on the May 6, 1996, calendar. LEGISLATIVE CITATIONS Representative Vezey moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Mary Kate Mayer, Alaska Distinguished Principal Award By Representatives Masek, Ogan, Kohring, G.Davis, B.Davis, Elton, Green, Hanley, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis; Senators Green, Halford Honoring - Olga Locher, on the Occasion of her Retirement By Representatives Elton, Robinson, Davies, B.Davis, Elton, Ivan, James, Kott, Kubina, Mackie, Martin, Navarre, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Duncan Honoring - Theresa Bartley By Representatives Willis, Davies, B.Davis, Elton, Ivan, James, Kohring, Kott, Kubina, Mackie, Navarre, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis 1996-05-05 House Journal Page 4432 Honoring - Alaska Commercial Fishing and Seafood Processing Industry By Representatives Austerman, Mackie, Phillips, Brown, Davies, G.Davis, B.Davis, Elton, Green, Grussendorf, Hanley, Ivan, James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia, Porter, Robinson, Sanders, Toohey, Vezey, Williams, Willis; Senator Zharoff Honoring - Jennifer Dalby By Representatives Ogans, B.Davis, Ivan, James, Kohring, Kott, Mackie, Masek, Mulder, Navarre, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - Patty Holmes, Alaskan Finalist for Presidential Award, Excellence in Science and Mathematics Teaching By Representatives Austerman, Phillips, Brice, Davies, B.Davis, Elton, Green, Hanley, Ivan, James, Kott, Kohring, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Porter, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Zharoff Honoring - William and Lucille Gritmacker By Representatives Kelly, Brice, B.Davis, Ivan, James, Kott, Mackie, Mulder, Navarre, Nicholia, Porter, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Sharp Honoring - Bristol Bay Area, Volunteer Teleconference Sites By Representatives Ivan, Moses, B.Davis, Elton, James, Kott, Kubina, Long, Mackie, Masek, Mulder, Navarre, Nicholia, Robinson, Sanders, Toohey, Vezey, Willis; Senator Hoffman Honoring - Nancy Marshall-McKeown By Representatives Robinson, Elton, Davies, B.Davis, Ivan, James, Kott, Kubina, Mackie, Martin, Navarre, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey, Willis; Senator Duncan Honoring - Creighton Lowe, Eagle Scout By Representatives Bunde, B.Davis, Elton, Hanley, Ivan, James, Kohring, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey 1996-05-05 House Journal Page 4433 Honoring - Alice Mother Lawrence By Representatives Finkelstein, Toohey, B.Davis, Phillips, Brice, Brown, Davies, B.Davis, Elton, Ivan, Hanley, James, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Mulder, Navarre, Nicholia, Parnell, Porter, Robinson, Rokeberg, Toohey, Sanders, Vezey, Willis; Senator Ellis Honoring - Bay Charlotte Baskin, 1995 Secondary Student of the Year, Independent and Distance Educators of Alaska By Senator Green, Representatives Phillips, Davies, G.Davis, B.Davis, Elton, Green, Hanley, James, Kohring, Kott, Mackie, Masek, Mulder, Navarre, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis Honoring - Dan Shirey By Senator Kelly, Representatives Brice, B.Davis, James, Kott, Mackie, Mulder, Navarre, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Willis Honoring - Metlakatla Merchants, 1996 Gold Medal Class B Champions By Senator Zharoff; Representatives Mackie, G.Davis, B.Davis, Elton, Green, James, Kott, Kubina, Mackie, Mulder, Navarre, Nicholia, Sanders, Toohey, Williams, Willis Honoring - Robert C. Deakins By Senator Duncan; Representatives Elton, Robinson , Davies, B.Davis, James, Kott, Kubina, Mackie, Navarre, Nicholia, Sanders, Toohey, Willis In Memoriam - Mary Ayagiaq Wallace By Representatives Ivan, Phillips, Davies, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis; Senator Hoffman In Memoriam - Thomas A. Snapp By Representatives Vezey, Phillips, Brice, Davies, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1996-05-05 House Journal Page 4434 In Memoriam - Roberta L. Beauchamp By Senator Salo; Representatives Navarre, Phillips, Davies, G.Davis, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Dr. Wayne E. Burton By Representatives Green, Phillips, Davies, B.Davis, Elton, Foster, James, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Porter, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Byron Allen Anderson By Senator Green, Representatives Phillips, Davies, B.Davis, Elton, Foster, James, Kohring, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis In Memoriam - Arnie Caryl Christiansen By Senator Zharoff, Representatives Phillips, Davies, G.Davis, B.Davis, Elton, Foster, James, Kott, Kubina, Mackie, Masek, Mulder, Nicholia, Rokeberg, Sanders, Toohey, Vezey, Williams, Willis The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE SB 230 A message dated May 5, 1996, was read stating the Senate has failed to concur in the House amendment to CSSB 230(FIN), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 230(FIN) am H An Act relating to management of state land, water, and land and water as part of a state park, recreational or special management area, or preserve; relating to reports to the legislature concerning prohibitions or restrictions of traditional means of access for traditional recreational uses within a park, recreational or special management area, or preserve; relating to Chilkat State Park; and relating to Denali State Park. and respectfully requests the House to recede from its amendment. 1996-05-05 House Journal Page 4435 SB 230 In the event the House failed to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Pearce, Chair Senator Miller Senator Zharoff Representative Vezey moved that the House recede from its amendment to CSSB 230(FIN), namely HCS CSSB 230(FIN) am H, and recommended that the members vote no. The question being: Shall the House recede from its amendment to CSSB 230(FIN)? The roll was taken with the following result: HCS CSSB 230(FIN) am H Recede YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Davies, Elton, Finkelstein, Grussendorf, Kubina, Navarre, Robinson, Willis Nays: Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative James, Chair Representative Toohey Representative Long 1996-05-05 House Journal Page 4436 SB 230 The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS SB 201 Representative Vezey moved and asked unanimous consent that the reconsideration (page 4357) of the following be held one legislative day: CS FOR SENATE BILL NO. 201(FIN) An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources. Objection was heard. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. HB 59 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4332) on the following at this time: CS FOR HOUSE BILL NO. 59(RES) An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date. and SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 59(RES), thus adopting SCS CSHB 59(FIN), and recommended that the members vote yes. 1996-05-05 House Journal Page 4437 HB 59 The question being: Shall the House concur in the Senate amendment to CSHB 59(RES)? The roll was taken with the following result: SCS CSHB 59(FIN) Concur YEAS: 30 NAYS: 9 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Long, Martin, Masek, Moses, Mulder, Nicholia, Ogan, Parnell, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, B.Davis, Elton, Finkelstein, Kubina, Mackie, Navarre, Phillips Absent: Barnes And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 59(FIN). Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 59(FIN) was referred to the Chief Clerk for enrollment. HB 359 Representative Vezey moved and asked unanimous consent that the House consider the Senate message (page 4389) on the following at this time: CS FOR HOUSE BILL NO. 359(JUD) am An Act relating to the appointment and confirmation process for members of certain boards, commissions, and similar bodies; relating to terms of certain appointees; and providing for an effective date. 1996-05-05 House Journal Page 4438 HB 359 and SENATE CS FOR CS FOR HOUSE BILL NO. 359(L&C) (same title) There being no objection, it was so ordered. Representative Vezey moved that the House concur in the Senate amendment to CSHB 359(JUD) am, thus adopting SCS CSHB 359(L&C). The question being: Shall the House concur in the Senate amendment to CSHB 359(JUD) am? The roll was taken with the following result: SCS CSHB 359(L&C) Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Austerman, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, James, Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis Absent: Barnes And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 359(L&C). Representative Vezey moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 359(L&C) was referred to the Chief Clerk for enrollment. SJR 5 Representative Ogan added his name as cross sponsor to: 1996-05-05 House Journal Page 4439 SJR 5 CS FOR SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 5(RLS) Supporting an amendment to the Constitution of the United States establishing the rights of victims of crimes. SB 26 Representative B.Davis added her name as cross sponsor to: CS FOR SENATE BILL NO. 26(FIN) An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use deadly weapons to commit offenses that are crimes against a person, and relating to the sealing of the records of those minors. SB 175 Representatives Mulder and Porter added their names as cross sponsors to: HOUSE CS FOR CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 175(FIN) am H An Act relating to correctional institutions and their administration, and to services provided to prisoners; amending the definition of `severely medically disabled' applicable to prisoners seeking special medical parole; and amending provisions of the correctional industries program, and extending the termination date of the Correctional Industries Commission and the program. SB 285 Representative Kohring added his name as cross sponsor to: CS FOR SENATE BILL NO. 285(FIN) am An Act relating to management of discrete salmon stocks and to a salmon management assessment. SB 201 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: 1996-05-05 House Journal Page 4440 SB 201 CS FOR SENATE BILL NO. 201(FIN) An Act relating to the employment of emergency fire-fighting personnel by the commissioner of natural resources. ENGROSSMENT SJR 31 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR SENATE JOINT RESOLUTION NO. 31(FIN) am H 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. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus 1:00 p.m., 5/6 Conference Committee on the budget upon adj., 5/5 Conference Committee HCS CSSB 230(FIN) am H and CSSB 230(FIN) 1:00 p.m., 5/6 ADJOURNMENT Representative Vezey moved and asked unanimous consent that the House adjourn until 2:00 p.m., May 6, 1996. There being no objection, the House adjourned at 3:29 a.m. Suzi Lowell Chief Clerk