Legislature(1995 - 1996)

1996-01-31 House Journal

Full Journal pdf

1996-01-31                     House Journal                      Page 2577
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday          January 31, 1996         
                                                                               
                              Twenty-fourth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 10:23 a.m.                                                         
                                                                               
Roll call showed 39 members present.  Representative Parnell had been          
previously excused from a call of the House today.                             
                                                                               
The invocation was offered by the Chaplain, Pastor Gordon Johnson              
of the Resurrection Lutheran Church.  Representative Brice moved and           
asked unanimous consent that the invocation be spread on the journal.          
There being no objection, it appears below:                                    
                                                                               
Its a new day with new challenges, O Lord....                                 
                                                                               
We pray that You will make us equal to the tasks that lie                     
before us....                                                                  
                                                                               
We pray for wisdom to make good decisions that will benefit                   
all people....                                                                 
                                                                               
We pray for courage in the face of conflict to follow through                 
on what is right.  We pray that You will calm the turbulent                    
seas in our lives, and lead us into safe waters.  Today we pray                
that You will be with those families who lost loved ones at                    
sea near our shores...touch them with Your presence and                        
comfort them we pray.                                                          
                                                                               
We thank You that we can celebrate new life within the                        
family of the House. Thank You Lord!                                           
                                                                               
Amen.                                                                         

1996-01-31                     House Journal                      Page 2578
ªPage: 2578ß                                                                   
The Pledge of Allegiance was led by Representative Toohey.                     
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 23rd legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 226                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 226                                                            
An Act permitting the provision of different retirement and health            
benefits to employees based on marital status.                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 226(FIN)                                                
An Act permitting the provision of different retirement and health            
benefits to certain employees by differentiating between benefits              
provided to employees with spouses or children and to other                    
employees.                                                                     
                                                                               
The report was signed by Representatives Hanley and Foster, Co-                
chairs, with the following individual recommendations:                         
                                                                               
Do pass (5):  Foster, Hanley, Mulder, Martin, Kelly                            
                                                                               
Do not pass (1):  Brown                                                        
                                                                               
No recommendation (1):  Grussendorf                                            
                                                                               
Amend (1):  Navarre                                                            
                                                                               
The following fiscal note applies to CSHB 226(FIN):                            
                                                                               
Zero fiscal note, Dept. of Administration/All Depts., 1/31/96                  
                                                                               

1996-01-31                     House Journal                      Page 2579
HB 226                                                                       
HB 226 was referred to the Rules for placement on the calendar.                
                                                                               
HB 366                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 366                                                            
An Act relating to marine safety training and education                       
programs.                                                                      
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 366(HES)                                                
(same title)                                                                  
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (3):  Bunde, Toohey, Robinson                                          
                                                                               
No recommendation (4):  G.Davis, Rokeberg, Vezey, Brice                        
                                                                               
The following fiscal note applies to CSHB 366(HES):                            
                                                                               
Zero fiscal note, Dept. of Revenue, 1/31/96                                    
                                                                               
HB 366 was referred to the Transportation Committee.                           
                                                                               
SB 81                                                                        
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 81(FIN)                                                
An Act amending the Fish and Game Code by removing `wolf'                     
from the definition of `big game'; relating to the classification and          
taking of wolves; and providing for a harvest incentive on wolves              
taken in areas designated by the Board of Game.                                
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Kott, Barnes, Ogan, Green                                        

1996-01-31                     House Journal                      Page 2580
SB 81                                                                        
Do not pass (1):  Davies                                                       
                                                                               
No recommendation (4):  Nicholia, Long, Williams, Austerman                    
                                                                               
The following fiscal note applies to CSSB 81(FIN):                             
                                                                               
Fiscal note, Dept. of Fish & Game, 1/31/96                                     
                                                                               
CSSB 81(FIN) was referred to the Finance Committee.                            
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 459                                                                       
HOUSE BILL NO. 459 by Representative Vezey, entitled:                          
                                                                               
An Act relating to the jurisdiction governing a trust, to challenges          
to trusts or property transfers in trust, to the validity of trust             
interests, and to transfers of certain trust interests.                        
                                                                               
was read the first time and referred to the Judiciary Committee.               
                                                                               
HB 460                                                                       
HOUSE BILL NO. 460 by Representative Robinson, entitled:                       
                                                                               
An Act establishing a state employee incentive award program.                 
                                                                               
was read the first time and referred to the Labor & Commerce, State            
Affairs and Finance Committees.                                                
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 57                                                                        
The following was read the second time:                                        

1996-01-31                     House Journal                      Page 2581
HB 57                                                                        
HOUSE BILL NO. 57                                                             
An Act relating to driver's licensing; and providing for an                   
effective date.                                                                
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  2DP 3NR                                                  697         
	FISCAL NOTE (DPS)                                                 697         
	JUD RPT  3DP 3NR                                                  888         
	FISCAL NOTE (DPS) 3/10/95                                         888         
	FIN RPT  7NR                                                     1614         
	FISCAL NOTE (DPS) 3/10/95                                        1614         
                                                                               
Representative Vezey moved and asked unanimous consent that HB 57              
be considered engrossed, advanced to third reading and placed on final         
passage.  There being no objection, it was so ordered.                         
                                                                               
                                                                               
HB 57 was read the third time.                                                 
                                                                               
                                                                               
The question being:  Shall HB 57 pass the House?  The roll was                 
taken with the following result:                                               
                                                                               
HB 57                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  3   EXCUSED:  1   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, Nicholia, Ogan, Phillips, Porter, Robinson, Rokeberg,           
Sanders, Toohey, Williams, Willis                                              
                                                                               
Nays:  Navarre, Therriault, Vezey                                              
                                                                               
Excused:  Parnell                                                              
                                                                               
And so, HB 57 passed the House.                                                

1996-01-31                     House Journal                      Page 2582
HB 57                                                                        
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 Willis gave notice of reconsideration of his vote on HB         
57.                                                                            
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Minority Caucus                                      upon recess, 1/31         
                                                                               
                                                                               
The Speaker stated the House would recess for 15 minutes; and so, the          
House recessed at 10:46 a.m.                                                   
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 11:08 a.m.                               
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 84                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 84(FIN)                                                
An Act making a special appropriation to the principal of the                 
permanent fund; and providing for an effective date.                           
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  2DP 1DNP 7NR                                            1918         
	RETURNED TO FINANCE                                              2455         
	FIN RPT HCS(FIN) NT  7DP  2NR                                    2521         
	TECHNICAL TITLE CHANGE                                           2521         
	ZERO FISCAL NOTE (HFC/REV)                                       2521         
                                                                               

1996-01-31                     House Journal                      Page 2583
SB 84                                                                        
Representative Vezey moved and asked unanimous consent that the                
following committee substitute with a technical title change be adopted        
in lieu of the original bill:                                                  
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 84(FIN)                                   
An Act making a special appropriation to the principal of the                 
permanent fund.                                                                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey  moved and asked unanimous consent that HCS               
CSSB 84(FIN) be considered engrossed and advanced to third reading.            
There being no objection, it was so ordered.                                   
                                                                               
HCS CSSB 84(FIN) was read the third time.                                      
                                                                               
                                                                               
The Speaker cautioned a member to refrain from discussing matters not          
pertaining to the legislation before the House.                                
                                                                               
                                                                               
The question being:  Shall HCS CSSB 84(FIN) pass the House?                    
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 84(FIN)                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  24   NAYS:  15   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan,                 
James, Kelly, Kohring, Kott, Martin, Masek, Mulder, Ogan, Phillips,            
Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams, Willis         
                                                                               
Nays:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kubina, Long, Mackie, Moses, Navarre, Nicholia,                   
Robinson                                                                       
                                                                               
Excused:  Parnell                                                              
                                                                               
And so, HCS CSSB 84(FIN) passed the House and was referred to the              
Chief Clerk for engrossment.                                                   

1996-01-31                     House Journal                      Page 2584
                            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 - Mountain View Community Policing Unit, Anchorage                    
Police Department                                                              
By Representatives Finkelstein, Phillips, Brown, Bunde, Davies,                
B.Davis, G.Davis, Elton, Green, Hanley, Ivan, James, Kott, Kubina,             
Long, Mackie, Martin, Mulder, Nicholia, Porter, Robinson, Sanders,             
Willis; Senator Ellis                                                          
                                                                               
Honoring - Georjean Seeliger, Winner of the Milken Award for                   
Excellence and Involvement in Education                                        
By Representatives Brice, Phillips, Bunde, Davies, B.Davis, Elton,             
Green, Ivan, James, Kott,  Kubina, Hanley, Long, Mackie, Navarre,              
Nicholia, Robinson, Sanders, Vezey, Willis                                     
                                                                               
In Memoriam - Frank E. Demantle, Jr.                                           
By Representatives Ivan, Phillips, Davies, B.Davis, Elton, Foster,             
James, Kott, Kubina, Mackie, Mulder, Nicholia, Robinson,  Rokeberg,            
Sanders, Toohey, Vezey, Williams, Willis; Senator Hoffman                      
                                                                               
In Memoriam - Okalena Olympic                                                  
By Representatives Ivan, Phillips, Davies, B.Davis, Elton, Foster,             
James, Kott, Kubina, Long, Mackie, Mulder, Nicholia, Robinson,                 
Rokeberg, Sanders, Toohey, Vezey, Williams,  Willis; Senator                   
Hoffman                                                                        
                                                                               
In Memoriam - Paul Jerry Ivan, Sr.                                             
By Representatives Ivan, Phillips, Austerman, Bunde, Davies, B.Davis,          
G.Davis, Elton, Foster, James, Kohring, Kott, Kubina, Long, Mackie,            
Mulder, Nicholia, Robinson, Rokeberg, Sanders, Toohey, Vezey,                  
Williams, Willis                                                               
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following members be excused from a call of the House.  There being            
no objection, the members were excused as noted:                               

1996-01-31                     House Journal                      Page 2585
Representative Moses - from 1:17 p.m., February 21 to 9:20 p.m.,               
plane time, February 19, 1996                                                  
                                                                               
Representative Bunde - from 6:50 p.m., February 22 to 9:21 p.m.,               
plane time, February 25, 1996                                                  
                                                                               
Representative Kohring - from 1:17 p.m., plane time, February 23 to            
1:45 p.m., plane time, February 25, 1996                                       
                                                                               
Representative Kubina - from 1:17 p.m., February 1 to 5:50 p.m., plane         
time, February 4, 1996                                                         
                                                                               
Representative Davies - from 6:50 p.m., plane time, February 1 to 1:45         
p.m, plane time, February 5, 1996                                              
                                                                               
Representative B.Davis - from 6:50 p.m., February 6 to 9:25 a.m.,              
plane time, February 12, 1996                                                  
                                                                               
Representative Long - from 9:32 p.m., February 2 to 9:20 p.m., plane           
time, February 8, 1996 (amended from page 2572)                                
                                                                               
Representative Porter - from 6:55 p.m., February 6 to 8:48 p.m.,               
February 8, 1996 (amended from page 2573)                                      
                                                                               
                                                                               
HB 379                                                                       
The Speaker waived the Finance Committee referral on the following             
at the request of Representative Hanley, Co-chair:                             
                                                                               
HOUSE BILL NO. 379                                                            
An Act authorizing establishment of alternative dispute resolution            
centers to foster the resolution of disputes between juvenile                  
offenders and their victims.                                                   
                                                                               
HB 379 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 411                                                                       
The Speaker waived the Finance Committee referral on the following             
at the request of Representative Hanley, Co-chair:                             
                                                                               

1996-01-31                     House Journal                      Page 2586
HB 411                                                                       
HOUSE BILL NO. 411                                                            
An Act naming Mountain View Road in Gustavus.                                 
                                                                               
HB 411 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 57                                                                        
Representative Toohey added her name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 57                                                             
An Act relating to driver's licensing; and providing for an                   
effective date.                                                                
                                                                               
                                                                               
HB 154                                                                       
Representative Foster added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 154                                                            
An Act requiring the Department of Law to provide guidelines                  
regarding unconstitutional state and municipal takings of private              
real property; relating to the taxation of private real property taken         
unconstitutionally by state or municipal action; establishing a time           
limit for bringing an action for an unconstitutional state or                  
municipal taking of private real property; and providing for an                
effective date.                                                                
                                                                               
                                                                               
HB 373                                                                       
Representatives Kott and Ivan added their names as cosponsors to:              
                                                                               
HOUSE BILL NO. 373                                                            
An Act relating to educational benefits for family members of                 
deceased members of the armed services.                                        
                                                                               
                                                                               
HB 424                                                                       
Representative Kelly added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 424                                                            
An Act establishing a vehicle operation curfew for minors.                    

1996-01-31                     House Journal                      Page 2587
HB 438                                                                       
Representative Kelly added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 438                                                            
An Act relating to the indexing of documents recorded in the                  
state recorder's offices; and providing for an effective date.                 
                                                                               
                                                                               
HB 439                                                                       
Representative Kelly added his name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 439                                                            
An Act relating to minerals, including coal, to the statewide                 
bonding pool for the reclamation activities imposed on mining                  
operations, and to the statewide bonding pool's use for surface                
coal mining projects.                                                          
                                                                               
                                                                               
HB 449                                                                       
Representative Brown added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 449                                                            
An Act relating to the taxation of income.                                    
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
                                                                               
SB 84                                                                        
HCS CSSB 84(FIN) was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
Minority Caucus                                    after session, 1/31         
                                                                               

1996-01-31                     House Journal                      Page 2588
The following meetings today have been changed as indicated:                   
                                                                               
Judiciary Committee                                                            
1:00 p.m., 1/31 meeting CHANGED TO:                    1:30 p.m., 1/31         
                                                                               
Transportation Committee                                                       
1:00 p.m., 1/31 meeting CHANGED TO:                    1:30 p.m., 1/31         
                                                                               
Finance Committee                                                              
1:30 p.m., 1/31 meeting CHANGED TO:                    1:45 p.m., 1/31         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., February 2, 1996.  There being no              
objection, the House adjourned at 1:11 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk