Legislature(1993 - 1994)
1993-03-02 House Journal
Full Journal pdf1993-03-02 House Journal Page 0499 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 2, 1993 Fifty-first Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:06 a.m. Roll call showed 34 members present. Representative Davies was excused due to illness. Representatives Davidson, Hoffman, Larson, Navarre and Therriault were absent. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Phillips moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Lord, we gather today representing a diverse state that we love. We gain livelihood and lifelines from our mutual sharing and working together. All of us gathered here today have benefitted from the riches of people and land that make up Alaska. As we have received, so may our goal be to give the people of our state as many lifelines as we can. May our diversity be seen as a God-given asset rather than a point of contention. May our representatives gathered here today use their intellect and ability in ways that reflect care and compassion to meet these diverse realities and needs of our state. In Your Holy Name, Amen." 1 1993-03-02 House Journal Page 0500 The Pledge of Allegiance was led by Representative Carney. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 50th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 1, 1993, was read stating that, in accordance with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: Alcoholic Beverage Control Board William M. Bishop - Kodiak Original term began 1/14/92; reappointed 2/26/93; expires 1/31/96 Jane Perkins - Nome Original term began 10/19/83; reappointed 2/12/87, 12/18/89 and 2/26/93; expires 1/31/96 which were referred to the Labor & Commerce Committee; Board of Dental Examiners Gloria C. Gresser - Barrow Term began 2/24/93; expires 2/2/97 which was referred to the Health, Education & Social Services Committee. Resumes for the appointments are on file in the Chief Clerk's office. 1993-03-02 House Journal Page 0501 MESSAGES FROM THE SENATE FIRST READING AND REFERENCE OF SENATE BILLS A message dated March 1, 1993, was read stating the Senate has passed the following and it is transmitted for consideration: SB 47 SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 by Senators Kelly, Halford and Taylor, entitled: "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." was read the first time and was referred to the State Affairs, Transportation and Finance Committees. COMMUNICATIONS The following memorandum, dated March 1, 1993, from David Dierdorff, Revisor of Statutes, Division of Legal Services, was received: "On February 19, 1993, Legislative Council approved an amendment to page 9 of the 1993 edition of the Manual of Legislative Drafting (Drafting Manual) that can affect the sponsorship of certain bills that have been prefiled. Under the amendment, if 'two or more members of the same house prefile identical bills or joint resolutions and wish to jointly sponsor one of them, they may do so.' Obviously, all members so joining must agree. The adopted amendment provides that they would become joint prime sponsors of the first measure prefiled. The other measure or measures would then be withdrawn. Joint prime sponsors would appear on a bill in the following form: BY REPRESENTATIVES DOW AND JONES If cosponsors were added later (with the consent of the joint prime 1993-03-02 House Journal Page 0502 sponsors), the form would be: BY REPRESENTATIVES DOW AND JONES, Standard, Poor" The following report is on file in the Chief Clerk's office: Department of Natural Resources Office of the Commissioner Alaska Plant Materials Center 1992 Annual Report (as required by AS 03.22.060) REPORTS OF STANDING COMMITTEES HB 66 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 66 "An Act relating to municipal property tax exemptions for certain residences and to property tax equivalency payments for certain residents; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 66(HES) "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (5): Kott, Vezey, G.Davis, Bunde, Toohey The following fiscal notes applies to CSHB 66(HES): Zero fiscal notes (2), Dept. of Community & Regional Affairs, 1/15/93 Zero fiscal note, Dept. of Administration, 1/15/93 HB 66 was referred to the Finance Committee. 1993-03-02 House Journal Page 0503 HB 97 The Judiciary Committee has considered: HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, James, Kott, Green, Phillips The following fiscal note applies to HB 97: Zero fiscal note, Dept. of Health & Social Services, 2/10/93 HB 97 was referred to the Finance Committee. HB 99 The Judiciary Committee 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 Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Phillips, James, Kott, 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 Rules Committee for placement on the calendar. 1993-03-02 House Journal Page 0504 ****The presence of Representative Larson was noted. HB 102 The Finance Committee has considered: HOUSE BILL NO. 102 "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 102(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (8): MacLean, Larson, Hanley, Parnell, Grussendorf, Navarre, Brown, Therriault The following fiscal note applies to CSHB 102(FIN): Zero fiscal note, House Finance Committee/Dept. of Labor, 3/2/93 HB 102 was referred to the Rules Committee for placement on the calendar. ****The presence of Representative Therriault was noted. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: In Memoriam - William J. Brighton By Representative Navarre; Senator Salo 1993-03-02 House Journal Page 0505 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 191 HOUSE BILL NO. 191 by Representatives Williams, Olberg, Grussendorf, G.Davis and Navarre, entitled: "An Act relating to cost recovery by contractors who operate state- owned hatcheries." was read the first time and referred to the House Special Committee on Fisheries, Resources and Finance Committees. HB 192 HOUSE BILL NO. 192 by Representative Mulder, entitled: "An Act relating to advertising by construction contractors." was read the first time and referred to the State Affairs, 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 - Scott Davis and Bill Long, Winners of the Iron Dog Gold Rush Classic By Representatives G. Davis, Brice, B.Davis, Foster, Green, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Toohey, Ulmer, Willis; Senator Little Honoring - Alaska Regional Hospital By Representatives Hanley, Barnes, B.Davis, Foster, Green, Menard, Nicholia, Parnell, Phillips, Toohey, Ulmer, Willis 1993-03-02 House Journal Page 0506 Honoring - The Alaska PTA By Representatives B.Davis, Barnes, Brice, Brown, Davies, G.Davis, Finkelstein, Foster, Green, Menard, Mulder, Navarre, Nicholia, Phillips, Sitton, Toohey, Ulmer, Willis In Memoriam - Edwin Edelman By Representatives Phillips, G.Davis, Foster, Menard, Nicholia UNFINISHED BUSINESS HB 111 The Speaker added a State Affairs Committee referral to precede the Finance Committee referral to the following bill: HOUSE BILL NO. 111 "An Act eliminating, consolidating, changing the membership requirements of, and transferring the duties of various boards, commissions, councils, panels, authorities, corporations, foundations, and similar entities of state government; and providing for an effective date." HB 111 is currently in the Resources Committee and will then be referred to the Judiciary, State Affairs and Finance Committees. The House recessed at 10:15 a.m. to allow members of the Senate to enter the House Chamber. JOINT SESSION IN THE HOUSE Speaker Barnes called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Halford who called the joint session to order at 11:07 a.m. The purpose of the joint session was to hear the State of the Judiciary Address by the Honorable Daniel A. Moore, Jr., Chief Justice of Alaska. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. 1993-03-02 House Journal Page 0507 HSCR 1 Senator Duncan moved that the Joint Session approve the following resolution at this time: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 1 Disapproving Executive Order No. 84. Objections were heard. Representative Phillips moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. Representative Navarre rose to a point of order stating there was a previous motion before the body. President Halford ruled the motion to approve HSCR 1 out of order. Senator Duncan appealed the ruling of the Chair. Senator Duncan placed a call of the joint session. President Halford ruled the call dilatory and out of order. Senator Duncan appealed the ruling of the Chair. The question being: "Shall the Ruling of the Chair that the call of the Joint Session is dilatory be upheld?" The roll was taken with the following result: HOUSE Uphold the Ruling of the Chair YEAS: 23 NAYS: 15 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1993-03-02 House Journal Page 0508 HSCR 1 Excused: Davies Absent: Brice SENATE Uphold the Ruling of the Chair YEAS: 11 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Frank, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Halford Nays: Donley, Duncan, Ellis, Kerttula, Lincoln, Little Excused: Salo Absent: Adams, Zharoff TOTALS--YEAS: 34 NAYS: 21 EXCUSED: 2 ABSENT: 3 And so, the ruling of the Chair was upheld. The question being: "Shall the ruling of the Chair be upheld regarding the motion to approve HSCR 1?" The roll was taken with the following result: SENATE Uphold Ruling of the Chair YEAS: 11 NAYS: 5 EXCUSED: 1 ABSENT: 3 Yeas: Frank, Jacko, Kelly, Leman, Miller, Pearce, Phillips, Rieger, Sharp, Taylor, Halford Nays: Donley, Duncan, Ellis, Lincoln, Little Excused: Salo Absent: Kerttula, Zharoff, Adams 1993-03-02 House Journal Page 0509 HSCR 1 HOUSE Uphold the Ruling of the Chair YEAS: 23 NAYS: 15 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Davies Absent: Brice TOTALS--YEAS: 34 NAYS: 20 EXCUSED: 2 ABSENT: 4 And so, the ruling of the Chair was upheld. Representative Phillips renewed her motion that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Halford appointed Representative Foster and Senator Leman to escort the Chief Justice to the joint session. The Senate Sergeant-at-Arms announced the Chief Justice's entrance into the House Chamber. Chief Justice Moore was escorted to the rostrum and welcomed by President Halford. Chief Justice Moore introduced the following Supreme Court Justices: Jay A. Rabinowitz Edmond W. Burke Warren W. Matthews, Jr. Allen T. Compton 1993-03-02 House Journal Page 0510 Chief Justice Moore's address appears in House & Senate Joint Journal Supplement No. 8. Chief Justice Moore received a standing ovation and was escorted from the Chamber by Representative Foster and Senator Leman. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Halford adjourned the joint session at 11:48 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:49 a.m. UNFINISHED BUSINESS HB 141 Representative James added her name as cosponsor to: HOUSE BILL NO. 141 "An Act relating to the powers of the Board of Game and to intensive game management to achieve higher sustained yield for human harvest." HB 155 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 155 "An Act relating to audits of health facilities." HB 162 Representative James added her name as cosponsor to: 1993-03-02 House Journal Page 0511 HB 162 HOUSE BILL NO. 162 "An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and establishing sentencing procedures for capital felonies; authorizing an advisory vote on instituting capital punishment; amending Alaska Rules of Criminal Procedure 32, 32.1, and 32.3 and Alaska Rules of Appellate Procedure 204, 209, 210, and 212; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 3, 1993. There being no objection, the House adjourned at 11:49 a.m. J.C. Shine Chief Clerk