Legislature(1993 - 1994)
1993-03-03 House Journal
Full Journal pdf1993-03-03 House Journal Page 0513 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 3, 1993 Fifty-second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:09 a.m. Roll call showed 39 members present. Representative Davidson was absent. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Lord, be with all who are gathered here this day. We bring to this room much power and ability. Help us to use our power with sensitivity. Help us to empower the powerless in as many ways as we can so that dignity and hope might find its way into the lives of more of Your people. Give us the wisdom to listen to the insights and realities of people often forgotten in our society. May our agendas be blessed with the insights of all God's people of every ability and disability. Give guidance and understanding to all who are gathered here. May Your creative force motivate us to take actions that best serve Your people. In Your Holy name, Amen." The Pledge of Allegiance was led by Representative Porter. 1 1993-03-03 House Journal Page 0514 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 51st legislative day and House & Senate Joint Journal Supplement No. 8 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR The following letter, dated March 2, 1993, was received: "Dear Speaker Barnes: Re:Amendment of financing plan for upper Yukon River flood disaster relief By this letter I am notifying you of a change in the proposed financing plan for disaster relief necessitated by the spring 1992 floods on the upper Yukon River. I previously notified the presiding officers and finance committee chairs in the Seventeenth Legislature of my intent to expend $1,000,000 from the disaster relief fund under AS26.23, and to seek a supplemental appropriation for the remaining sum necessary (approximately $300,000). I am now proposing to expend the entire amount necessary, approximately $1,300,000, from the disaster relief fund. In the spring of 1992 rapid snow melting caused severe flooding in the communities along the upper Yukon River. As a result, on June 17, 1992 I declared a disaster emergency, under the authority granted me by AS26.23.020. Because I proposed to expend more than $1,000,000 in disaster relief under this declaration, and because my declaration was issued when the legislature was not in session, AS26.23.025(c) became applicable. This statute required me to do two things. First, it required me to convene a special session of the legislature, unless the presiding officers of both houses agreed in writing that a special session should not be convened. Second, it required me to deliver to the presiding officer of each house and to the finance chair in each house either a financing plan or a supplemental appropriation for disaster relief. 1993-03-03 House Journal Page 0515 I complied with the requirements of AS26.23.025(c), and both then Senate President Eliason and then House Speaker Grussendorf agreed in writing that a special session should not be convened. Accordingly, under AS26.23.025(e), I was authorized to act in a manner consistent with the financing plan I submitted. As I noted at the outset of this letter, that financing plan called for the expenditure of $1,000,000 from the disaster relief fund (AS26.23.300) and the submission of a supplemental appropriation for the remaining amount needed (approximately $300,000). I have since determined that the financial health of the disaster relief fund will allow the expenditure of the entire amount needed from the fund, and that no supplemental appropriation will therefore be necessary. The Attorney General has advised me that a legislative resolution ratifying the modified financing plan is not necessary, because AS26.23.025(d) requires such a resolution only when the declaration of disaster emergency is issued when the legislature is in session. On the other hand, AS26.23.025(e) seems to preclude me from making expenditures under a modified financing plan without some sort of legislative approval. Therefore, on the advice of the Attorney General, I am notifying both presiding officers and the finance committee chairs in both houses of my proposed modification to the financing plan. Unless I receive an objection to proceeding under the modified plan, I propose to do so, and intend to use the disaster relief fund as the source for the entire $1,300,000 (approximately) to be expended as disaster relief under my proclamation. With best regards. Sincerely, /s/ Walter J. Hickel Governor cc: Charles E. Cole Attorney General" 1993-03-03 House Journal Page 0516 COMMUNICATIONS The following report is on file in the Chief Clerk's office: Department of Health & Social Services Division of Family & Youth Services Residential Child Care Grant System January, 1993 REPORTS OF STANDING COMMITTEES HB 89 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 89 "An Act revising the law on borough assembly apportionment as recommended by the revisor of statutes; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (7): Bunde, Davies, Willis, Williams, Toohey, Olberg, Sanders The following fiscal note applies to HB 89: Zero fiscal note, Dept. of Law, 3/3/93 HB 89 was referred to the Judiciary Committee. HB 112 The Labor & Commerce Committee has considered: HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date." 1993-03-03 House Journal Page 0517 HB 112 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (6): Porter, Sitton, Mulder, Williams, Green, Hudson The following fiscal notes applies to HB 112: Zero fiscal note, Dept. of Commerce & Economic Development, 3/3/93 Zero fiscal note, Dept. of Law, 3/3/93 HB 112 was referred to the Judiciary Committee. HB 115 The Labor & Commerce Committee has considered: HOUSE BILL NO. 115 "An Act extending the termination date of the Alaska Tourism Marketing Council; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (6): Porter, Sitton, Mulder, Williams, Green, Hudson The following fiscal note applies to HB 115: Zero fiscal note, Dept. of Commerce & Economic Development, 2/25/93 HB 115 was referred to the State Affairs Committee. HB 160 The Labor & Commerce Committee has considered: HOUSE BILL NO. 160 "An Act relating to the time for filing certain civil actions; and providing for an effective date." 1993-03-03 House Journal Page 0518 HB 160 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Hudson, Sitton, Williams, Green The following fiscal notes apply to HB 160: Zero fiscal note, Alaska Court System, 3/3/93 Zero fiscal note, Dept. of Law, 3/3/93 HB 160 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Earl and Mimi Mayo on the Twentieth Anniversary of the How How Restaurant By Representatives Mulder, Kott; Senators Kelly, Phillips INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 33 HOUSE JOINT RESOLUTION NO. 33 by Representatives Olberg, Moses, Sitton, Grussendorf, Toohey, Ulmer and Navarre: Relating to United States Coast Guard commercial fishing vessel safety regulations. was read the first time and referred to the Labor & Commerce Committee. 1993-03-03 House Journal Page 0519 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 193 HOUSE BILL NO. 193 by Representative B.Davis, entitled: "An Act establishing the Alaska Health Care Authority; relating to the delivery, quality, access, and financing of health care; requiring the establishment of health care expenditure limits; relating to approval of disability insurance rates; relating to the issuance of certificates of need; relating to health insurance for small employers; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Labor & Commerce, Judiciary and Finance Committees. HB 194 HOUSE BILL NO. 194 by Representatives Sitton, Brice, Brown, Finkelstein, Ulmer and Nordlund, entitled: "An Act relating to child care in state buildings; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, State Affairs and Finance Committees. HB 195 HOUSE BILL NO. 195 by Representatives Sitton and Ulmer, entitled: "An Act authorizing youth courts by which to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts, and relating to young adult advisory panels in the superior court." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. 1993-03-03 House Journal Page 0520 HB 196 HOUSE BILL NO. 196 by Representatives Kott, Martin and Mulder, entitled: "An Act relating to the state employment preference for veterans and prisoners of war." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs and the State Affairs Committee. HB 197 HOUSE BILL NO. 197 by Representative Olberg, entitled: "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; and providing for an effective date." was read the first time and referred to the State Affairs, House Special Committee on Oil and Gas, Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 78 The following was read the second time: HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." with the: Journal Page HES RPT 7DP 287 -2 ZERO FNS (DPS, ADM) 2/10/93 287 JUD RPT 6DP 408 -2 PREVIOUS FNS (DPS, ADM) 2/10/93 408 FIN REFERRAL WAIVED 442 Representative Phillips moved and asked unanimous consent that HB 78 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1993-03-03 House Journal Page 0521 HB 78 HB 78 was read the third time. The question being: "Shall HB 78 pass the House?" The roll was taken with the following result: HB 78 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Davidson And so, HB 78 passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 78 was referred to the Chief Clerk for engrossment. HB 101 The following was read the second time: HOUSE BILL NO. 101 "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code." 1993-03-03 House Journal Page 0522 HB 101 with the: Journal Page L&C RPT 5DP 343 -ZERO FISCAL NOTE (LABOR) 2/15/93 344 FIN RPT 10DP 430 -PREVIOUS ZERO FN (LABOR) 2/15/93 430 Representative Phillips moved and asked unanimous consent that HB 101 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 101 was read the third time. ****The presence of Representative Davidson was noted. The question being: "Shall HB 101 pass the House?" The roll was taken with the following result: HB 101 Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: James, Martin, Vezey And so, HB 101 passed the House and was referred to the Chief Clerk for engrossment. HB 120 The following was read the second time: 1993-03-03 House Journal Page 0523 HB 120 HOUSE BILL NO. 120 "An Act changing the date by which jury lists must be prepared; requiring the use of the list of the current year's permanent fund dividend applicants in preparing the jury list; and changing the date by which state departments must submit certain lists to the Alaska Court System." with the: Journal Page JUD RPT 5DP 1NR 431 -ZERO FISCAL NOTE (COURT) 2/24/93 431 Representative Phillips moved and asked unanimous consent that HB 120 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 120 was read the third time. The question being: "Shall HB 120 pass the House?" The roll was taken with the following result: HB 120 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HB 120 passed the House and was referred to the Chief Clerk for engrossment. 1993-03-03 House Journal Page 0524 LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: In Memoriam - William J. Brighton By Representatives Navarre, G.Davis, Foster, Hanley, Menard, Mulder, Phillips, Toohey; Senator Salo UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative MacLean - from 7:45 a.m., March 19 to 8:45 p.m., plane time, March 21, 1993 Representative Nicholia - from 6:05 p.m., March 3 to 8:45 p.m., plane time, March 7, 1993 Representative Sanders - from 6:05 p.m., March 5 to 8:45 p.m., plane time, March 7, 1993 There being no objection, it was so ordered. HCR 6 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 450) on the following at this time: HOUSE CONCURRENT RESOLUTION NO. 6 Relating to Armed Forces History Month. and HOUSE CONCURRENT RESOLUTION NO. 6 am S (same title) There being no objection, it was so ordered. 1993-03-03 House Journal Page 0525 HCR 6 Representative Phillips moved that the House concur in the Senate amendment to HCR 6, thus adopting HCR 6amS, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HCR 6?" The roll was taken with the following result: HCR 6amS Concur YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davies And so, the House concurred in the Senate amendment, thus adopting HCR 6amS. The Chief Clerk was instructed to so notify the Senate. HCR 6amS was referred to the Chief Clerk for enrollment. Representative Toohey added her name as cosponsor to HCRamS: HJR 28 Representative James added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. HB 78 Representative Ulmer added her name as cosponsor to: 1993-03-03 House Journal Page 0526 HB 78 HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." HB 160 Representative James added her name as cosponsor to: HOUSE BILL NO. 160 "An Act relating to the time for filing certain civil actions; and providing for an effective date." ENGROSSMENT HB 78 HB 78 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 101 HB 101 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 120 HB 120 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Thursday printed schedule. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 5, 1993. There being no objection, the House adjourned at 10:51 a.m. J.C. Shine Chief Clerk