Legislature(1995 - 1996)

1996-03-26 House Journal

Full Journal pdf

1996-03-26                     House Journal                      Page 3359
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    NINETEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                      Tuesday             March 26, 1996         
                                                                               
                              Seventy-ninth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Phillips at 11:17 a.m.                                                         
                                                                               
Roll call showed 37 members present.   Representative James was                
excused due to illness.  Representatives Hanley and Navarre were               
absent and their presence was noted later.                                     
                                                                               
The invocation was offered by the Chaplain, George Holly of the                
Baha'i Faith.  Representative G.Davis moved and asked unanimous                
consent that the invocation be spread on the journal.  There being no          
objection, it appears below:                                                   
                                                                               
O Thou compassionate Lord!  Thou Who art generous and                         
able!  We are servants of Thine sheltered beneath Thy                          
providence.  Cast Thy glance of favor upon us.  Give light to                  
our eyes, hearing to our ears and understanding and love to                    
our hearts.  Render our souls joyous and happy through Thy                     
glad tidings.  O Lord!  Point out to us the pathway of Thy                     
Kingdom and resuscitate all of us through the breaths of the                   
Holy Spirit.  Bestow upon us life everlasting and confer upon                  
us never-ending honor.  Unify mankind and illumine the world                   
of humanity.  May we all follow Thy pathway, long for Thy                      
good-pleasure and seek the mysteries of Thy Kingdom.  O                        
God!  Unite us and connect our hearts with Thy indissoluble                    
bond.  Verily, Thou art the Giver, Thou art the Kind One and                   
Thou art the Almighty.                                                         
                                                                               
Abdul-Baha                                                                    
                                                                               
The Pledge of Allegiance was led by Representative Kelly.                      

1996-03-26                     House Journal                      Page 3360
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Vezey moved and asked unanimous consent that the                
journal for the 78th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated March 25, 1996, was read stating the Senate has                
passed the following, and they are transmitted for consideration:              
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
SCR 25                                                                       
SENATE CONCURRENT RESOLUTION NO. 25 by Senators Miller,                        
Halford, Phillips, Pearce, Taylor, Leman, Sharp, Frank, Torgerson,             
Green and Donley, entitled:                                                    
                                                                               
Relating to supporting home schooling and establishing Alaska                 
Home Education Week.                                                           
                                                                               
was read the first time and referred to the Health, Education & Social         
Services Committee.                                                            
                                                                               
SJR 37                                                                       
SENATE JOINT RESOLUTION NO. 37 by Senator Torgerson:                           
                                                                               
Urging the United States Congress to give an affirmative                      
expression of approval to a policy authorizing the state to regulate,          
restrict, or prohibit the export of unprocessed logs harvested from            
its land and from the land of its political subdivisions and the               
University of Alaska.                                                          
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
SJR 38                                                                       
SENATE JOINT RESOLUTION NO. 38 by the Senate Resources                         
Committee:                                                                     

1996-03-26                     House Journal                      Page 3361
SJR 38                                                                       
Opposing the proposed expansion of the United States                          
Environmental Protection Agency's toxics release inventory                     
program.                                                                       
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 300                                                                       
SENATE BILL NO. 300 by the Senate Labor & Commerce                             
Committee, entitled:                                                           
                                                                               
An Act relating to the Uniform Commercial Code, primarily to                  
investment securities; amending Rule 8(d), Alaska Rules of Civil               
Procedure; and providing for an effective date.                                
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HR 12                                                                        
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE RESOLUTION NO. 12                                                       
Supporting the collective bargaining agreement between the                    
University of Alaska and the Alaska Community Colleges'                        
Federation of Teachers.                                                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE RESOLUTION NO. 12(L&C)                                           
(same title)                                                                  
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               

1996-03-26                     House Journal                      Page 3362
HR 12                                                                        
Do pass (5):  Kott, Elton, Kubina, Porter, Sanders                             
                                                                               
No recommendation (1):  Rokeberg                                               
                                                                               
The following fiscal note applies to CSHR 12(L&C):                             
                                                                               
Zero fiscal note, House Labor & Commerce Committee/University of               
Alaska, 3/26/96                                                                
                                                                               
HR 12 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
HB 432                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 432                                                            
An Act relating to the practice of veterinary medicine.                       
                                                                               
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (3):  Sanders, Kott, Porter                                            
                                                                               
No recommendation (3):  Rokeberg, Elton, Kubina                                
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/26/96                                                                        
Zero fiscal note, Dept. of Public Safety, 3/26/96                              
Zero fiscal note, Dept. of Corrections, 3/26/96                                
Zero fiscal note, Dept. of Law, 3/26/96                                        
                                                                               
HB 432 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 474                                                                       
The Judiciary Committee has considered:                                        

1996-03-26                     House Journal                      Page 3363
HB 474                                                                       
HOUSE BILL NO. 474                                                            
An Act relating to violations of municipal ordinances and                     
regulations; and amending the definition of the jurisdiction of the            
superior court and the Department of Health and Social Services                
over delinquent minors to add a further exclusion from that                    
jurisdiction for a minor's violation of a municipal ordinance or               
regulation that is punishable as an infraction or violation, and               
making a related technical amendment to that jurisdictional                    
definition.                                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 474(JUD)                                                
An Act relating to violations of municipal ordinances and                     
regulations, and to civil penalties for violation of municipal                 
ordinances by juveniles.                                                       
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (5):  Porter, B.Davis, Toohey, Bunde, Green                            
                                                                               
No recommendation (1):  Finkelstein                                            
                                                                               
The following fiscal notes apply to CSHB 474(JUD):                             
                                                                               
Zero fiscal note, Alaska Court System, 3/26/96                                 
Zero fiscal note, Dept. of Health & Social Services, 3/8/96                    
Zero fiscal note, Dept. of Community & Regional Affairs, 3/8/96                
Zero fiscal note, Dept. of Public Safety, 3/8/96                               
                                                                               
HB 474 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 497                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 497                                                            
An Act relating to chiropractic peer review; and providing for an             
effective date.                                                                

1996-03-26                     House Journal                      Page 3364
HB 497                                                                       
The report was signed by Representative Kott, Chair, with the                  
following individual recommendations:                                          
                                                                               
Do pass (4):  Kott, Elton, Kubina, Sanders                                     
                                                                               
No recommendation (1):  Rokeberg                                               
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
3/26/96                                                                        
                                                                               
HB 497 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 69                                                                        
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 69(RES)                                                
An Act relating to hazardous chemicals, hazardous materials, and              
hazardous waste.                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 69(RES)                                   
(same title)                                                                  
                                                                               
The report was signed by Representative Green, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Williams, Ogan, Barnes, Kott, Green                              
                                                                               
No recommendation (3):  Nicholia, Long, Austerman                              
                                                                               
The following fiscal notes apply to HCS CSSB 69(RES):                          
                                                                               
Senate fiscal note, Dept. of Public Safety, 2/7/96                             
Senate zero fiscal note, Senate Finance Committee/Dept. of                     
Environmental Conservation, 2/7/96                                             

1996-03-26                     House Journal                      Page 3365
SB 69                                                                        
Senate zero fiscal note, Dept. of Military & Veterans Affairs, 2/7/96          
                                                                               
CSSB 69(RES) was referred to the Finance Committee.                            
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
                                                                               
Recognizing - Tartan Day, April 6, 1996                                        
By Representative Parnell                                                      
                                                                               
Commemorating - The National Day of Prayer, May 2, 1996                        
By Representatives Parnell, Ogan, Kelly, Kohring                               
                                                                               
Honoring - Alaska Women's Conference                                           
By Representative Robinson                                                     
                                                                               
In Memoriam - Rose G. Woodward                                                 
By Senator Green                                                               
                                                                               
In Memoriam - June Rotman Nelson                                               
By Representatives Long, Phillips, Foster; Senator Adams                       
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
                                                                               
HB 447                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 447                                                            
An Act providing that state land, water, and land and water may               
not be classified so as to preclude or restrict traditional means of           
access for traditional recreational uses.                                      

1996-03-26                     House Journal                      Page 3366
HB 447                                                                       
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES) NT 3DP 2DNP 2NR                                 3147         
	ZERO FISCAL NOTE (H.RES/DNR)                                     3148         
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 447(RES)                                                
An Act relating to traditional means of access for traditional                
outdoor uses and to the classification and the sale, lease, or other           
disposal of state land, water, or land and water.                              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Long:                            
                                                                               
Page 2, line 27, following exercise,:                                          
Delete subsistence,                                                           
                                                                               
Representative Long moved and asked unanimous consent that                     
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Masek objected.                                                 
                                                                               
**The presence of Representatives Hanley and Navarre was noted.                
                                                                               
Representative Long moved and asked unanimous consent to withdraw              
Amendment No. 1.  There being no objection, it was so ordered.                 
                                                                               
Amendment No. 2 was offered  by Representative Finkelstein:                     
                                                                               
Page 2, line 11:                                                               
Delete eight                                                                  
Insert twelve                                                                 
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Masek objected.                                                 

1996-03-26                     House Journal                      Page 3367
HB 447                                                                       
The question being:  Shall Amendment No. 2 be adopted?  The roll               
was taken with the following result:                                           
                                                                               
CSHB 447(RES)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  11   NAYS:  28   EXCUSED:  1   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Bunde, Davies, B.Davis, Elton, Finkelstein,               
Grussendorf, Navarre, Nicholia, Robinson                                       
                                                                               
Nays:  Austerman, Barnes, G.Davis, Foster, Green, Hanley, Ivan,                
Kelly, Kohring, Kott, Kubina, Long, Mackie, Martin, Masek, Moses,              
Mulder, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,        
Toohey, Vezey, Williams, Willis                                                
                                                                               
Excused:  James                                                                
                                                                               
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB447(RES) be considered engrossed, advanced to third reading                
and placed on final passage.                                                   
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
it was so ordered.                                                             
                                                                               
CSHB 447(RES) was read the third time.                                         
                                                                               
The question being:  Shall CSHB 447(RES) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 447(RES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
                                                                               
YEAS:  34   NAYS:  5   EXCUSED:  1   ABSENT:  0                              
                                                                               

1996-03-26                     House Journal                      Page 3368
HB 447                                                                       
Yeas:  Austerman, Barnes, Brice, Bunde, Davies, B.Davis, G.Davis,              
Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott,                
Kubina, Mackie, Martin, Masek, Moses, Mulder, Navarre, Nicholia,               
Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey,        
Vezey, Williams, Willis                                                        
                                                                               
Nays:  Brown, Elton, Finkelstein, Long, Robinson                               
                                                                               
Excused:  James                                                                
                                                                               
And so, CSHB 447(RES) passed the House.                                        
                                                                               
Representative Robinson gave notice of reconsideration of her vote on          
CSHB 477(RES).                                                                 
                                                                               
                                                                               
HB 479                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 479                                                            
An Act relating to civil liability for injuries or death resulting            
from equine activities.                                                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	L&C RPT  CS(L&C) 3DP 2NR                                         3025         
	ZERO FISCAL NOTE (DCED)                                          3026         
	JUD RPT  CS(JUD)  3DP 1DNP 3NR                                   3195         
	ZERO FISCAL NOTE (DCED) 3/18/96                                  3196         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 479(JUD)                                                
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               

1996-03-26                     House Journal                      Page 3369
HB 479                                                                       
Representative Vezey moved and asked unanimous consent that                    
CSHB479(JUD) be considered engrossed, advanced to third reading                
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 479(JUD) was read the third time.                                         
                                                                               
The question being:  Shall CSHB 479(JUD) pass the House?  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 479(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  4   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Bunde, B.Davis, G.Davis, Elton,               
Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott,                
Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Nicholia,                  
Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,                  
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Nays:  Brown, Davies, Finkelstein, Willis                                      
                                                                               
Excused:  James                                                                
                                                                               
Absent:  Navarre                                                               
                                                                               
                                                                               
And so, CSHB 479(JUD) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
HB 93                                                                        
The Speaker stated that, without objection, the following would be             
held until the March 27, 1996, calendar:                                       
                                                                               
HOUSE BILL NO. 93                                                             
An Act relating to the duty-free mealtime for teachers in certain             
school facilities.                                                             
                                                                               

1996-03-26                     House Journal                      Page 3370
HB 539                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 539                                                            
An Act changing the name of the Alaska Soil and Water                         
Conservation Board.                                                            
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  4DP 3NR 1AM                                             3179         
	ZERO FISCAL NOTE (DNR)                                           3179         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
HB539 be considered engrossed, advanced to third reading and placed            
on final passage.  There being no objection, it was so ordered.                
                                                                               
HB 539 was read the third time.                                                
                                                                               
The question being:  Shall HB 539 pass the House?  The roll was                
taken with the following result:                                               
                                                                               
HB 539                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  2   EXCUSED:  1   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, B.Davis, G.Davis,               
Elton, Foster, Green, Grussendorf, Hanley, Ivan, Kelly, Kohring, Kott,         
Kubina, Long, Mackie, Martin, Masek, Moses, Mulder, Navarre,                   
Nicholia, Ogan, Parnell, Phillips, Porter, Robinson, Rokeberg, Sanders,        
Therriault, Toohey, Vezey, Williams, Willis                                    
                                                                               
Nays:  Davies, Finkelstein                                                     
                                                                               
Excused:  James                                                                
                                                                               
                                                                               
And so, HB 539 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               

1996-03-26                     House Journal                      Page 3371
HB 73                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 73                                                             
An Act relating to licensure of manicurists.                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) 4DP 2NR                                         2789         
	FISCAL NOTE (DCED)                                               2789         
	L&C RPT  CS(L&C) 1DP 5NR                                         2903         
	FISCAL NOTE (DCED) 2/16/96                                       2903         
	FIN RPT  CS(L&C) 2DP 2DNP 5NR                                    3086         
	ZERO FISCAL NOTE (DEC)                                           3086         
	FISCAL NOTE (DCED) 2/16/96                                       3086         
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 73(L&C)                                                 
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that                    
CSHB73(L&C) be considered engrossed, advanced to third reading                 
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 73(L&C) was read the third time.                                          
                                                                               
                                                                               
The question being:  Shall CSHB 73(L&C) pass the House?  The                   
roll was taken with the following result:                                      
                                                                               
CSHB 73(L&C)                                                                   
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  10   EXCUSED:  1   ABSENT:  0                             
                                                                               

1996-03-26                     House Journal                      Page 3372
HB 73                                                                        
Yeas:  Austerman, Barnes, Brice, Brown, Davies, B.Davis, G.Davis,              
Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan, Kott,            
Kubina, Mackie, Masek, Moses, Mulder, Navarre, Nicholia, Phillips,             
Porter, Robinson, Rokeberg, Toohey, Williams, Willis                           
                                                                               
Nays:  Bunde, Kelly, Kohring, Long, Martin, Ogan, Parnell, Sanders,            
Therriault, Vezey                                                              
                                                                               
Excused:  James                                                                
                                                                               
And so, CSHB 73(L&C) passed the House.                                         
                                                                               
Representative Bunde gave notice of reconsideration of his vote on             
CSHB 73(L&C).                                                                  
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 77                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 77(FIN) am                                             
An Act relating to management of game populations, to the                     
powers and duties of the commissioner of fish and game, and to                 
the division of game.                                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT HCS(RES) 1DP 1DNP 4NR                                    1811         
	SENATE FISCAL NOTE (F&G) 3/22/95                                 1812         
	FIN RPT HCS(FIN) 5DP 1DNP 1NR 1AM                                3026         
	FISCAL NOTE (F&G)                                                3027         
	                                                                              
                                                                               
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. 77(FIN)                                   
(same title)                                                                  
                                                                               

1996-03-26                     House Journal                      Page 3373
SB 77                                                                        
There being no objection, it was so ordered.                                   
                                                                               
Representative Vezey moved and asked unanimous consent that HCS                
CSSB 77(FIN) be considered engrossed, advanced to third reading and            
placed on final passage.                                                       
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  Shall HCS CSSB 77(FIN) be advanced to third               
reading on the same day?  The roll was taken with the following                
result:                                                                        
                                                                               
HCS CSSB 77(FIN)                                                               
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  25   NAYS:  14   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Austerman, Barnes, Bunde, G.Davis, Foster, Green, Hanley,               
Ivan, Kelly, Kohring, Kott, Martin, Masek, Moses, Mulder, Ogan,                
Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault, Toohey, Vezey,       
Williams                                                                       
                                                                               
Nays:  Brice, Brown, Davies, B.Davis, Elton, Finkelstein, Grussendorf,         
Kubina, Long, Mackie, Navarre, Nicholia, Robinson, Willis                      
                                                                               
Excused:  James                                                                
                                                                               
And so, lacking the necessary 30 votes, HCS CSSB 77(FIN) failed to             
advance and will be in third reading on the March 27, 1996, calendar.          
                                                                               
                                                                               
                         THIRD READING OF HOUSE BILLS                        
                                                                               
HB 465                                                                       
The following, which was advanced to third reading from the March              
25, 1996, calendar (page 3354), was read the third time:                       
                                                                               
CS FOR HOUSE BILL NO. 465(HES) AM                                             
An Act relating to employment of teachers and school                          
administrators and to public school collective bargaining.                    
                                                                               

1996-03-26                     House Journal                      Page 3374
HB 465                                                                       
The Speaker stated that, without objection, CSHB 465(HES) am would             
be returned to second reading for the specific purpose of considering          
Amendment No. 27.                                                              
                                                                               
Amendment No. 27 was offered  by Representative Kubina:                         
                                                                               
Page 1, after line 3:                                                          
	Insert                                                                        
   "* Section 1.  AS14.20.140 is amended to read:                            
	Sec. 14.20.140.  NOTIFICATION OF NONRETENTION.  (a)                          
If a teacher who has acquired tenure rights is to be laid off under          
AS14.20.177 or is not to be retained for the following school                
year, the employer shall notify the teacher of the layoff or               
nonretention by writing, delivered before March 16, or by                      
registered mail postmarked before March 16.                                    
	(b)  If a teacher who has not acquired tenure rights is to be              
laid off under AS14.20.177 or is not to be retained for the                  
following school year the employer shall notify the teacher of the             
layoff or nonretention by writing delivered on or before the last          
day of the school term or by registered mail postmarked on or                  
before the last day of the school term.                                        
	(c)  Notwithstanding a teacher's right to continued                          
employment under AS23.10.500 - 23.10.550, a school district may                
notify a teacher of layoff or nonretention under this section for the      
following school year for a permissible reason."                               
                                                                               
                                                                               
Page 1, line 4:                                                                
	Delete "* Section 1"                                                        
	Insert "* Sec. 2"                                                           
                                                                               
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
                                                                               
Page 1, line 6, after "nonretention":                                          
	Insert "or layoff"                                                        
                                                                               
Page 1, lines 6 - 7:                                                           
	Delete ", and if the teacher is not laid off under AS14.20.177"           
                                                                               

1996-03-26                     House Journal                      Page 3375
HB 465                                                                       
Page 6, line 13, after the period:                                             
	Insert "The school district shall comply with the notice                      
requirements set out in AS14.20.140 in placing a tenured or                    
nontenured teacher on layoff status."                                          
                                                                               
Page 8, line 26:                                                               
	Delete "2 and 4"                                                              
	Insert "3 and 5"                                                              
                                                                               
Representative Kubina moved and asked unanimous consent that                   
Amendment No. 27 be adopted.                                                   
                                                                               
Representative Ivan objected.                                                  
                                                                               
                                                                               
Amendment to Amendment No. 27 was offered  by Representative                    
Parnell:                                                                       
                                                                               
Change March 16" to June 1".                                                   
                                                                               
Representative Kubina objected.                                                
                                                                               
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House recess until 5:00 p.m., today.  There being no objection, the            
House recessed at 1:03 p.m.                                                    
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 5:13 p.m.                                
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 465                                                                       
Amendment to Amendment No. 27 was again before the House.                      
                                                                               

1996-03-26                     House Journal                      Page 3376
HB 465                                                                       
Representative Parnell moved and asked unanimous consent to                    
withdraw the amendment to Amendment No. 27.  There being no                    
objection, it was so ordered.                                                  
                                                                               
Representative Kubina placed a call of the House.                              
                                                                               
The call was satisfied.                                                        
                                                                               
The question being:  Shall Amendment No. 27 be adopted?  The roll              
was taken with the following result:                                           
                                                                               
CSHB 465(HES) am                                                               
Second Reading                                                                 
Amendment No. 27                                                               
                                                                               
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Elton,           
Finkelstein, Grussendorf, Kott, Kubina, Mackie, Masek, Navarre, Ogan,          
Parnell, Phillips, Robinson, Sanders, Therriault, Williams, Willis             
                                                                               
Nays:  Austerman, Foster, Green, Hanley, Ivan, Kelly, Kohring, Long,           
Martin, Moses, Mulder, Nicholia, Porter, Rokeberg, Toohey, Vezey               
                                                                               
Excused:  James                                                                
                                                                               
And so, Amendment No. 27 was adopted.                                          
                                                                               
                                                                               
The question being:  Shall CSHB 465(HES) am pass the House?                    
The roll was taken with the following result:                                  
                                                                               
CSHB 465(HES) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  22   NAYS:  17   EXCUSED:  1   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Austerman, Bunde, G.Davis, Foster, Green, Hanley, Ivan, Kelly,          
Kohring, Long, Mackie, Moses, Mulder, Nicholia, Ogan, Parnell,                 
Phillips, Porter, Rokeberg, Therriault, Toohey, Vezey                          
                                                                               

1996-03-26                     House Journal                      Page 3377
HB 465                                                                       
Nays:  Barnes, Brice, Brown, Davies, B.Davis, Elton, Finkelstein,              
Grussendorf, Kott, Kubina, Martin, Masek, Navarre, Robinson,                   
Sanders, Williams, Willis                                                      
                                                                               
Excused:  James                                                                
                                                                               
And so, CSHB 465(HES) am passed the House.                                     
                                                                               
Representative Davies gave notice of reconsideration of his vote on            
CSHB 465(HES) am.                                                              
                                                                               
                                                                               
                            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 - Charleign Ryals                                                     
By Representatives Vezey, Phillips, Brice, B.Davis, Elton, Ivan, James,        
Kott, Long, Nicholia, Robinson, Rokeberg, Sanders, Therriault,                 
Toohey, Williams                                                               
                                                                               
Honoring - Michael L. Daugherty                                                
By Representatives Phillips, Porter, G.Davis, B.Davis, Elton, Ivan,            
James, Kott, Kubina, Long, Mackie, Mulder, Navarre, Nicholia,                  
Parnell, Robinson, Rokeberg, Sanders, Toohey, Vezey, Williams;                 
Senator Torgerson                                                              
                                                                               
                                                                               
In Memoriam - Alma S. Pauwok                                                   
By Representatives Foster, Phillips, B.Davis, Elton, Ivan, James, Kott,        
Kubina, Long, Mackie, Masek, Mulder, Nicholia, Robinson, Rokeberg,             
Sanders, Toohey, Vezey, Williams; Senator Adams                                
                                                                               
                                                                               
In Memoriam - Tim Ryals                                                        
By Representatives Vezey, Phillips, Brice, B.Davis, Elton, Foster, Ivan,       
James, Kott, Kubina,  Long, Mackie, Masek, Nicholia, Robinson,                 
Rokeberg, Sanders, Therriault, Toohey, Vezey, Williams                         
                                                                               

1996-03-26                     House Journal                      Page 3378
In Memoriam - Bill L. Newman                                                   
By Senators Halford, Phillips; Representatives Willis, Phillips, B.Davis,      
Foster, Ivan, James,  Kohring, Kott, Kubina, Long, Mackie, Masek,              
Mulder, Nicholia, Parnell, Porter, Robinson, Rokeberg, Sanders,                
Toohey, Vezey, Williams                                                        
                                                                               
In Memoriam - Dale D. Briggs                                                   
By Senators Halford, Phillips; Representatives Willis, Phillips, B.Davis,      
Elton, Foster, Ivan, James, Kohring, Kott, Kubina, Long, Mackie,               
Martin, Masek, Mulder, Nicholia, Porter, Robinson, Rokeberg, Sanders,          
Toohey, Vezey, Williams                                                        
                                                                               
                                                                               
                             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:                               
                                                                               
Representative Elton - from 6:00 p.m., April 4 to 10:00 p.m., plane            
time, April 8, 1996                                                            
                                                                               
Representative Masek - from 6:00 p.m., April 4 to 9:25 a.m., plane             
time, April 9, 1996                                                            
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 540                                                                       
Representative Brown brought up reconsideration of the vote on HB              
540 (page 3312).                                                               
                                                                               
The following was again before the House in third reading:                     
                                                                               
HOUSE BILL NO. 540                                                            
An Act relating to health care data and registration of births.               
                                                                               
Representative Brown moved and asked unanimous consent that HB                 
540 be returned to second reading for the specific purpose of                  
considering Amendment No. 1.  There being no objection, it was so              
ordered.                                                                       
                                                                               

1996-03-26                     House Journal                      Page 3379
HB 540                                                                       
Amendment No. 1 was offered  by Representatives Brown and Toohey:               
                                                                               
Page 1, lines 7 - 8:                                                           
	Delete "or its consequences with respect to information provided"             
                                                                               
Page 1, line 8, following "Services":                                          
	Insert "or for the use of the data by the department"                         
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The question to be reconsidered:  Shall HB 540 am pass the House?              
The roll was taken with the following result:                                  
                                                                               
HB 540 am--RECONSIDERATION                                                     
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Austerman, Barnes, Brice, Brown, Bunde, Davies, B.Davis,                
G.Davis, Elton, Finkelstein, Foster, Green, Grussendorf, Hanley, Ivan,         
Kelly, Kohring, Kott, Long, Mackie, Martin, Moses, Mulder, Navarre,            
Nicholia, Ogan, Parnell, Phillips, Porter, Rokeberg, Sanders, Therriault,      
Toohey, Vezey, Williams, Willis                                                
                                                                               
Excused:  James                                                                
                                                                               
Absent:  Kubina, Masek, Robinson                                               
                                                                               
And so, HB 540 am passed the House on reconsideration and was                  
referred to the Chief Clerk for engrossment.                                   
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 24                                                                        
Representative Therriault moved and asked unanimous consent to                 
withdraw the following:                                                        
                                                                               

1996-03-26                     House Journal                      Page 3380
HB 24                                                                        
HOUSE BILL NO. 24                                                             
An Act relating to the offense of operating a motor vehicle,                  
aircraft, or watercraft while intoxicated; relating to presumptions            
arising from the amount of alcohol in a person's breath or blood;              
and providing for an effective date.                                           
                                                                               
There being no objection, HB 24 was withdrawn.                                 
                                                                               
HB 434                                                                       
The Speaker waived the Judiciary Committee referral for the following          
at the request of Representative Porter, Chair:                                
                                                                               
HOUSE BILL NO. 434                                                            
An Act relating to unclaimed property; and providing for an                   
effective date.                                                                
                                                                               
HB 434 was removed from the Judiciary Committee and referred to the            
Rules Committee for placement on the calendar.                                 
                                                                               
HJR 47                                                                       
Representative Green added his name as cosponsor to:                           
                                                                               
HOUSE JOINT RESOLUTION NO. 47                                                 
Supporting continued funding of the Alaska National Guard Youth               
Corps Challenge Program.                                                       
                                                                               
HB 447                                                                       
Representative Ogan added his name as cosponsor to:                            
                                                                               
CS FOR HOUSE BILL NO. 447(RES)                                                
An Act relating to traditional means of access for traditional                
outdoor uses and to the classification and the sale, lease, or other           
disposal of state land, water, or land and water.                              
                                                                               
                                                                               
HB 479                                                                       
Representative Ogan added his name as cosponsor to:                            
                                                                               
CS FOR HOUSE BILL NO. 479(JUD)                                                
An Act relating to civil liability for injuries or death resulting            
from equine activities.                                                        

1996-03-26                     House Journal                      Page 3381
SJR 37                                                                       
Representative Navarre added his name as cross sponsor to:                     
                                                                               
SENATE JOINT RESOLUTION NO. 37                                                
Urging the United States Congress to give an affirmative                      
expression of approval to a policy authorizing the state to regulate,          
restrict, or prohibit the export of unprocessed logs harvested from            
its land and from the land of its political subdivisions and the               
University of Alaska.                                                          
                                                                               
SB 77                                                                        
Representative Ogan added his name as cross sponsor to:                        
                                                                               
CS FOR SENATE BILL NO. 77(FIN) am                                             
An Act relating to management of game populations, to the                     
powers and duties of the commissioner of fish and game, and to                 
the division of game.                                                          
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 479                                                                       
CSHB 479(JUD) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 539                                                                       
HB 539 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 540                                                                       
HB 540 am 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.            
                                                                               
                                                                               
Majority Caucus                Speaker's Chamber       7:30 a.m., 3/27         
                                                                               

1996-03-26                     House Journal                      Page 3382
                                 ADJOURNMENT                                 
                                                                               
Representative Vezey moved and asked unanimous consent that the                
House adjourn until 10:00 a.m., March 27, 1996.  There being no                
objection, the House adjourned at 6:19 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk