Legislature(1993 - 1994)

1993-02-05 House Journal

Full Journal pdf

1993-02-05                     House Journal                      Page 0229
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- FIRST SESSION                    
                                                                               
Juneau, Alaska                       Friday           February 5, 1993         
                                                                               
                                                                               
                               Twenty-sixth Day                              
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:04 a.m.                                                           
                                                                               
                                                                               
Roll call showed 31 members present.  Representatives Carney,                  
B.Davis, MacLean, Menard, Williams and Willis had been previously              
excused from a call of the House today.  Representatives Finkelstein,          
Hoffman and Nicholia were absent.                                              
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Norvell                   
Robertson of the Douglas United Methodist Church.  Representative              
Parnell moved and asked unanimous consent that the invocation be               
spread on the journal.  There being no objection, it appears below:            
                                                                               
"Creator, give us clean hearts and open minds to build in a                   
systematic way a better life for all Alaskans.  Let us not forget              
our seniors who quite often need our concern and strength to                   
overcome obstacles, the children we lift up to You who need                    
our hope for tomorrow, and the physically challenged for                       
whom we can provide avenues of excellence.  We seek Your                       
blessing and Your wisdom for tomorrow.  Amen."                                 
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Nordlund.                   
                                                                               
                                                                               
                                       1                                       

1993-02-05                     House Journal                      Page 0230
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the twenty-fourth and twenty-fifth legislative days be             
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Department of Commerce & Economic Development                                  
Division of Occupational Licensing                                             
FY 92 Annual Performance Report                                                
(as required by AS 08.01.070(10))                                              
                                                                               
Alaska Municipal Bond Bank Authority                                           
Report on Balances in Reserve Accounts                                         
(as required by AS 44.85.270(g))                                               
                                                                               
*** The presence of Representative Hoffman was noted.                          
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Judiciary Committee has considered the following appointments              
to the Select Committee on Legislative Ethics:                                 
                                                                               
                                 Jack P. Curry                                 
                                                                               
Recommending confirmation:  Porter, Davidson, Nordlund, James                  
                                                                               
Recommending do not confirm:  Green                                            
                                                                               
No recommendation:  Phillips, Kott                                             
                                                                               
                                  Niel Thomas                                  
                                                                               
Recommending confirmation:  Porter, James, Davidson, Nordlund                  
                                                                               
No recommendation:  Phillips, Kott, Green                                      

1993-02-05                     House Journal                      Page 0231
                                Margie MacNeille                               
                                                                               
Recommending confirmation:  Porter, Davidson, Nordlund, James,                 
Phillips, Green, Kott                                                          
                                                                               
                                                                               
                                   Ruth Apgar                                  
                                                                               
Recommending do not confirm:  Porter, James, Phillips, Kott, Green,            
Nordlund                                                                       
                                                                               
No recommendation:  Davidson                                                   
                                                                               
                                                                               
                              Rodman Wilson, M.D.                              
                                                                               
Recommending confirmation:  Porter, Davidson, Nordlund                         
                                                                               
Recommending do not confirm:  Phillips                                         
                                                                               
No recommendation:  James, Green, Kott                                         
                                                                               
The reports were signed by Representative Porter, Chair.                       
                                                                               
                                                                               
*** The presence of Representative Nicholia was noted.                         
                                                                               
                                                                               
The Labor & Commerce Committee has considered the following                    
appointee:                                                                     
                                                                               
                                   Paul Fuhs                                   
                                                                               
as Commissioner of the Department of Commerce & Economic                       
Development.                                                                   
                                                                               
Recommending confirmation:  Hudson, Green, Williams, Mackie,                   
Porter                                                                         
                                                                               
The report was signed by Representative Hudson, Chair.                         

1993-02-05                     House Journal                      Page 0232
HB 88                                                                        
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 88                                                             
"An Act establishing May 1 as Family Day and the month of May                 
as Preservation of the Family Month."                                          
                                                                               
                                                                               
The report was signed by Representative Toohey, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (5):  Vezey, G.Davis, Bunde, Toohey, Olberg                            
                                                                               
No recommendation (3):  B.Davis, Nicholia, Brice                               
                                                                               
                                                                               
The following fiscal note applies to HB 88:                                    
                                                                               
Zero fiscal note, Dept. of Administration, 2/5/93                              
                                                                               
                                                                               
HB 88 was referred to the Rules Committee for placement on the                 
calendar.                                                                      
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
The House Special Committee on International Trade & Tourism has               
considered the following appointee:                                            
                                                                               
                                   Paul Fuhs                                   
                                                                               
as Commissioner of the Department of Commerce & Economic                       
Development.                                                                   
                                                                               
                                                                               
Recommending confirmation:  James, Green, Toohey, Sanders,                     
Nordlund                                                                       
                                                                               
                                                                               
The report was signed by Representative James, Chair.                          

1993-02-05                     House Journal                      Page 0233
HB 99                                                                        
The House Special Committee on Oil and Gas has considered:                     
                                                                               
HOUSE BILL NO. 99                                                             
"An Act repealing the 65-day time limit for approval or                       
disapproval of a proposed oil discharge contingency plan by the                
Department of Environmental Conservation; and providing for an                 
effective date."                                                               
                                                                               
The report was signed by Representative Green, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (7):  Kott, Olberg, Mackie, Sitton, G.Davis, Sanders, Green            
                                                                               
The following fiscal note applies to HB 99:                                    
                                                                               
Zero fiscal note, Dept. of Environmental Conservation, 2/5/93                  
                                                                               
HB 99 was referred to the Resources Committee.                                 
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Claudette Carol Curtis, For 31 Years of Service to the State        
 of Alaska                                                                     
By Representative Bunde                                                        
                                                                               
Honoring - Keri Baumgardner, Miss Alaska 1992                                  
By Senators Phillips, Halford; Representatives Willis, Kott                    
                                                                               
Honoring - William Breeden, Alaska's National Distinguished Principal          
 for 1992                                                                      
By Senator Leman                                                               
                                                                               
Honoring - Fairview Community Patrol                                           
By Senator Ellis, Representatives Finkelstein, Brown                           
                                                                               
Honoring - Jason Lynn Gifford                                                  
By Senator Little, Representative G.Davis                                      

1993-02-05                     House Journal                      Page 0234
Honoring - Cathy Godfrey, Homer Chamber of Commerce Outstanding  utstanding    
 Community Service by an Individual Award                                      
By Senator Little; Representative Navarre                                      
                                                                               
Honoring - Homer Council on the Arts, Homer Chamber of Commerce                
 Outstanding Non-profit Service Organization 1992                              
By Senator Little, Representative Navarre                                      
                                                                               
Honoring - Milli Martin, Homer Chamber of Commerce Citizen of the              
 Year Award                                                                    
By Senator Little; Representatives Navarre, Phillips                           
                                                                               
Honoring - Subway of Homer, Homer Chamber of Commerce                          
Outstanding Community Service Business Award                                   
By Senator Little; Representative Navarre                                      
                                                                               
In Memoriam - Chief Justice Thurgood Marshall                                  
By Senator Kerttula                                                            
                                                                               
In Memoriam - Dorothy A. Jones                                                 
By Senators Kerttula, Halford, Zharoff, Taylor; Representatives                
Carney, Menard, Larson                                                         
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HJR 25                                                                       
HOUSE JOINT RESOLUTION NO. 25 by Representative Moses:                         
                                                                               
Relating to implementation of the Aleutian Trade Act of 1990.                 
                                                                               
was read the first time and referred to the State Affairs and                  
Transportation Committees.                                                     
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 126                                                                       
HOUSE BILL NO. 126 by Representatives Phillips and G.Davis,                    
entitled:                                                                      

1993-02-05                     House Journal                      Page 0235
HB 126                                                                       
"An Act relating to payment of prevailing wage rates on public                
construction projects."                                                        
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 127                                                                       
HOUSE BILL NO. 127 by Representative Kott, entitled:                           
                                                                               
"An Act setting presumptive terms of imprisonment for certain                 
defendants convicted of certain crimes who possessed a firearm                 
during the commission of the crime; setting a mandatory term of                
imprisonment for a defendant convicted of assault in the fourth                
degree who possessed a firearm during the commission of the                    
offense."                                                                      
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
HB 128                                                                       
HOUSE BILL NO. 128 by Representative B.Davis, entitled:                        
                                                                               
"An Act relating to early acknowledgement of paternity for the                
child of an unmarried mother."                                                 
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
HB 129                                                                       
HOUSE BILL NO. 129 by Representative Navarre, entitled:                        
                                                                               
"An Act relating to requests for supplemental appropriations for              
the current fiscal year."                                                      
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
HB 130                                                                       
HOUSE BILL NO. 130 by Representative Ulmer, entitled:                          
                                                                               
"An Act relating to the nonresident king salmon tag fee."                     

1993-02-05                     House Journal                      Page 0236
HB 130                                                                       
was read the first time and referred to the House Special Committee            
on Fisheries, Resources and Finance Committees.                                
                                                                               
HB 131                                                                       
HOUSE BILL NO. 131 by Representative Brice, entitled:                          
                                                                               
"An Act relating to the Dalton Highway."                                      
                                                                               
was read the first time and referred to the Transportation and Finance         
Committees.                                                                    
                                                                               
HB 132                                                                       
HOUSE BILL NO. 132 by Representative Brice, entitled:                          
                                                                               
"An Act extending the time period of all permits issued by the                
state relating to the extraction or removal of resources if the holder         
of the permits is involved in litigation concerning the issuance or            
validity of any permit related to the extraction or removal."                  
                                                                               
was read the first time and referred to the Resources, Judiciary and           
Finance Committees.                                                            
                                                                               
HB 133                                                                       
HOUSE BILL NO. 133 by the House Special Committee on Fisheries,                
entitled:                                                                      
                                                                               
"An Act amending the definition of `value' for purposes of                    
administration of fisheries taxes; and providing for an effective              
date."                                                                         
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries, Resources and Finance Committees.                                
                                                                               
HB 134                                                                       
HOUSE BILL NO. 134 by Representative Moses, entitled:                          
                                                                               
"An Act relating to temporary transfers of commercial fisheries               
entry permits."                                                                
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries, Resources, Judiciary and Finance Committees.                     

1993-02-05                     House Journal                      Page 0237
HB 135                                                                       
HOUSE BILL NO. 135 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making supplemental and special appropriations for the                
expenses of state government; making, amending, and repealing                  
capital and operating appropriations; and providing for an effective           
date."                                                                         
                                                                               
was read the first time and referred to the Finance Committee.                 
                                                                               
                                                                               
The Governor's transmittal letter, dated February 5, 1993, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of article III, section 18, of the Alaska                  
Constitution, I am transmitting a bill which makes miscellaneous               
supplemental appropriations for fiscal year 1993 and prior years.  The         
legislation also reallocates current year funding in order to offset some      
of the projected shortfalls.                                                   
                                                                               
                                                                               
Supplemental appropriations in recent years have reached the $100              
million level.  My Administration pledged to the Legislature that we           
would take steps to significantly reduce this amount.  We have done            
this.  Nearly all the requested supplementals are for purposes not             
within the control of management.  Caseloads continue to increase in           
public assistance programs and Longevity Bonus.  Student enrollment            
at schools throughout the state continue to climb.  Fires break out            
which the state must fight to protect the life and property of Alaskans.       
The prison population continues to grow.  We can't pretend these costs         
aren't there nor can we turn away from meeting these responsibilities.         
                                                                               
                                                                               
At the request of the Finance Committees, I am introducing this                
legislation earlier than the statutory deadline.  I am hopeful this will       
enable the committee to take prompt action that will facilitate an             
earlier completion of the Legislature's work this session.  Additional         
                                                                               
                                                                               

1993-02-05                     House Journal                      Page 0238
HB 135                                                                       
information supporting these requests will be furnished to the Finance         
Committees by the Office of Management and Budget.                             
                                                                               
         Sincerely,                                                            
         /s/                                                                   
         Walter J. Hickel                                                      
         Governor"                                                             
                                                                               
                                                                               
HB 136                                                                       
HOUSE BILL NO. 136 by Representative Mulder, entitled:                         
                                                                               
"An Act relating to the offenses of driving while intoxicated and             
refusal to submit to a breath test; and providing for an effective             
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
                                                                               
HB 137                                                                       
HOUSE BILL NO. 137 by Representative Mulder, entitled:                         
                                                                               
"An Act authorizing special medical parole for terminally ill                 
prisoners."                                                                    
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Phillips 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 - Seward Volunteer Ambulance Corps                                    
By Representatives G.Davis, Hanley, Mulder, Navarre, Nicholia,                 
Parnell, Phillips, Toohey                                                      

1993-02-05                     House Journal                      Page 0239
Honoring - 1993 National Engineers' Week                                       
By Senator Leman;  Representatives Davies, B.Davis, G.Davis, Green,            
Hanley, Navarre, Parnell, Phillips, Toohey, Vezey, Willis                      
                                                                               
Honoring - Joe Uson, The National 1992 Outstanding Early                       
 Childhood Teacher                                                             
By Senator Phillips;  Representatives B.Davis, G.Davis, Green, Hanley,         
Mulder, Navarre, Parnell, Phillips, Toohey, Ulmer, Willis                      
                                                                               
In Memoriam - Kenneth L. Brady                                                 
By Senator Leman;  Representatives Brown, Hanley, Martin, Mulder,              
Parnell, Phillips, Porter, Sanders, Toohey, Vezey                              
                                                                               
In Memoriam - Audrey Lillian Julia Clawson                                     
By Senator Leman; Representatives Hanley, Parnell, Porter                      
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following members be excused from a call of the House as noted:                
                                                                               
Representative Hanley - from 5:00 p.m., February 11 to 9:15 p.m.,              
February 14, 1993                                                              
                                                                               
Representative Hoffman - from 9:00 a.m., February 11 to 8:45 p.m.,             
February 15, 1993                                                              
                                                                               
Representative Larson - from 6:05 p.m., February 11 to 5:20 p.m.,              
February 14, 1993; and from 6:05 p.m., February 18 to 5:20 p.m.,               
February 21, 1993                                                              
                                                                               
Representative Nicholia - from 6:00 p.m., February 18 to 5:45 p.m.,            
February 22, 1993                                                              
                                                                               
Representative Parnell - from 7:45 a.m., February 26 to 5:20 p.m.,             
February 28, 1993; and from 6:05 p.m., April 1 to 9:45 a.m., April 4,          
1993                                                                           
                                                                               
Representative Sanders - from 6:05 p.m., February 11 to 5:20 p.m.,             
February 14, 1993; and from 6:05 p.m., February 26 to 5:20 p.m,                
February 28, 1993                                                              

1993-02-05                     House Journal                      Page 0240
Representative Williams - from 1:30 p.m., February 12 to 9:10 p.m.,            
February 14, 1993                                                              
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 100                                                                       
Representative Bunde, Co-chair of the Health, Education & Social               
Services Committee, moved and asked unanimous consent that the                 
five-day notice requirement in Rule 23(a) of the Uniform Rules be              
waived so that the committee may hear the following on February 8,             
1993:                                                                          
                                                                               
HOUSE BILL NO. 100                                                            
"An Act relating to criminal charges brought against minors."                 
                                                                             
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HJR 22                                                                       
Representative Davidson added his name as cosponsor to:                        
                                                                               
HOUSE JOINT RESOLUTION NO. 22                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to membership of the legislature.                                     
                                                                               
                                                                               
HB 38                                                                        
Representative Sitton added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 38                                                             
"An Act relating to accessibility for persons with disabilities, the          
aged, and the infirm, and to the governor's committee on the                   
employment of people with disabilities."                                       
                                                                               
                                                                               
HB 79                                                                        
Representatives Olberg and Green added their names as cosponsors to:           
                                                                               
HOUSE BILL NO. 79                                                             
"An Act relating to recovery from a parent or legal guardian of               
wilful or malicious destruction of property by a minor."                       

1993-02-05                     House Journal                      Page 0241
HB 92                                                                        
Representative James removed her name as cosponsor to:                         
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92                                      
"An Act relating to notaries; and providing for an effective date."           
                                                                               
HB 123                                                                       
Representative Brown added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 123                                                            
"An Act relating to loans for the purchase of individual fishery              
quota shares."                                                                 
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Finance Committee   CANCELLED                                      2/5         
                                                                               
Revised Floor Session for the following:                                       
                                                                               
Regular Session   House Chamber                         10:00 am, 2/25         
No Session                                                        2/26         
Regular Session   House Chamber                          11:00 am, 3/1         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., February 8, 1993.  There being no              
objection, the House adjourned at 10:33 a.m.                                   
                                                                               
           J.C. Shine                                                          
           Chief Clerk