Legislature(1993 - 1994)
1993-03-16 House Journal
Full Journal pdf1993-03-16 House Journal Page 0661 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 16, 1993 Sixty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:14 a.m. Roll call showed 37 members present. Representatives Finkelstein and Grussendorf had been previously excused from a call of the House today. Representative Therriault was absent. The invocation was offered by the Chaplain, Reverend Wilson Valentine of the St. Brendan's Episcopal Church. Reverend Valentine was accompanied by his daughter, Emily. Representative Sanders moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Flood our eyes with the new light of the day, Creator of us all and fill our hearts with warmth, for out of the darkness and the void of our beginnings came the light of creation. Even though our agendas appear much too full, the ticking of our existence sounds louder each day, and we race to capture one more accomplishment. Create in us today a willingness to meet the challenges before us, a longing to work at tasks which demand our best efforts and recognize our mutual need to each other. Amen." The Pledge of Allegiance was led by Representative Sanders. 1 1993-03-16 House Journal Page 0662 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 64th legislative day and Senate and House Joint Journal Supplement No. 9 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 45 A message dated March 15, 1993, (received at 11:20 a.m., March 15, 1993), was read stating the Senate has passed CSHB 45(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 45(FIN) "An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; and providing for an effective date." CSHB 45(FIN) is under Unfinished Business. REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the following appointments to the Select Committee on Legislative Ethics: Kay Klose J. Alan Patterson The reports stated that though there were no stated objections by committee members to the confirmation of the named individuals, this does note reflect an intent by any of the members to vote for or against this individual during any further proceedings. The reports were signed by Representative Porter, Chair; Representative James, Vice-chair; and Representatives Phillips, Green and Nordlund. J. Alan Patterson was not confirmed March 15, 1993 (page 641). Kay Klose was confirmed March 15, 1993 (page 641). 1993-03-16 House Journal Page 0663 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Anchorage Youth Court By Representative B.Davis Honoring - Lee B. Jordan, DAR Medal of Honor By Representatives Willis, Carney, Kott; Senators Halford, Phillips ***The presence of Representative Therriault was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 231 HOUSE BILL NO. 231 by Representative Kott, entitled: "An Act relating to aggravating and mitigating factors at sentencing." was read the first time and referred to the Judiciary and Finance Committees. HB 232 HOUSE BILL NO. 232 by Representative Bunde, entitled: "An Act relating to a bow hunting tag and bow hunting safety; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 233 HOUSE BILL NO. 233 by Representative Vezey, entitled: "An Act exempting certain taxicab operators from coverage under the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the Alaska Workers' Compensation Act." 1993-03-16 House Journal Page 0664 HB 233 was read the first time and referred to the Labor & Commerce Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 116 The following was read the second time: HOUSE BILL NO. 116 "An Act directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production when royalty is payable to the state under applicable federal law; and providing for an effective date." with the: Journal Page RES RPT CS(RES) NEW TITLE 4DP 1DNP 3NR 451 -ZERO FISCAL NOTE (DNR) 2/25/93 452 FIN RPT CS(FIN) NEW TITLE 7DP 1DNP 2NR 610 -PREVIOUS ZERO FN (DNR) 2/25/93 611 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 116(FIN) "An Act relating to royalty gas contracts, amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." There being no objection, it was so ordered. 1993-03-16 House Journal Page 0665 HB 116 Representative Phillips moved and asked unanimous consent that CSHB 116(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 116(FIN) was read the third time. Representative Brown moved and asked unanimous consent that she be allowed to refrain from voting due to a conflict of interest. Objection was heard, and Representative Brown was required to vote. The Speaker requested a show of hands of those members with a potential conflict of interest. Objection was heard and all members were required to vote. The question being: "Shall CSHB 116(FIN) pass the House?" The roll was taken with the following result: CSHB 116(FIN) Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Hanley, 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: Davidson, Davies, Hoffman Excused: Finkelstein, Grussendorf And so, CSHB 116(FIN) 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. Representative Ulmer gave notice of reconsideration of her vote on CSHB 116(FIN). 1993-03-16 House Journal Page 0666 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: Welcoming - The ACYPL Delegation From Mexico By Representatives Hanley, G.Davis, Sanders, Brice, Brown, Davies, Davidson, Green, Hudson, James, Kott, Larson, MacLean, Menard, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Willis; Senator Pearce Honoring - Allen Garbe, Recipient of the Golden Deed Award Presented by the Anchor Point Chamber of Commerce By Representatives Phillips, G.Davis, Green, Menard, Mulder, Navarre, Parnell, Toohey, Willis Honoring - Vada Moore, Anchor Point Citizen of the Year, 1992 By Representatives Phillips, G.Davis, Green, Menard, Mulder, Navarre, Parnell, Toohey, Willis Honoring - Matthew Roderick, Anchor Point Youth of the Year, 1992 By Representatives Phillips, G.Davis, B.Davis, Green, Menard, Mulder, Navarre, Parnell, Toohey, Willis Honoring - Karl Schwalm By Representatives Brice, Davies, Menard, Sitton, Vezey Honoring - Billie Swisher, Anchor Point Business Person of the Year, 1992 By Representatives Phillips, G.Davis, B.Davis, Green, Menard, Mulder, Navarre, Parnell, Toohey, Willis Honoring - Virginia Talley, Anchor Point Senior Citizen of the Year, 1992 By Representatives Phillips, G.Davis, Barnes, B.Davis, Green, Larson, Menard, Mulder, Navarre, Parnell, Toohey, Willis Honoring - Molly Tuter, Alaska Womens High School Basketball Player of the Year By Representatives Phillips, G.Davis, B.Davis, Foster, Green, Hanley, MacLean, Menard, Mulder, Navarre, Toohey, Ulmer, Willis 1993-03-16 House Journal Page 0667 Honoring - Emergency Medical Services Day in the Legislature, Marslature, Marc 16, 1993 By Senator Leman; Representatives Brown, Davies, B.Davis, Foster, Green, Grussendorf, Hanley, Hudson, Larson, MacLean, Menard, Mulder, Parnell, Porter, Therriault, Toohey, Ulmer, Willis In Memoriam - The Crew of the F/V Massacre Bay By Senator Zharoff; Representatives Davidson, Foster, Hanley, MacLean, Menard, Navarre, Toohey, Willis In Memoriam - Kurt M. Ledoux and Daniel Justin Ledoux By Senator Zharoff; Representatives Davidson, Foster, Menard, Toohey, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Green - from 6:50 a.m., March 26 to 8:00 p.m., plane time, March 30, 1993 Representative Williams - from 1:30 p.m., March 19 to 5:00 p.m., plane time, March 21, 1993 There being no objection, it was so ordered. HB 45 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 662) on the following at this time: CS FOR HOUSE BILL NO. 45(FIN) "An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; and providing for an effective date." and 1993-03-16 House Journal Page 0668 HB 45 SENATE CS FOR CS FOR HOUSE BILL NO. 45(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 45(FIN), thus adopting SCS CSHB 45(FIN), and recommended that the members vote yes. Representative Mackie placed a call of the House. Representative Navarre rose to a point of order regarding the relevance of debate. The Speaker cautioned the member to proceed in order. The Speaker cautioned a member to refrain from reading documents. Representative Navarre rose to a point of order stating the member had requested permission to read documents. The Speaker ruled the point out of order. Representative Navarre appealed the ruling of the Chair. ***The presence of Representative Grussendorf was noted. The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: Uphold Ruling of the Chair Reading from Documents YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1993-03-16 House Journal Page 0669 HB 45 Nays: Brice, Brown, Carney, Davidson, Davies, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Finkelstein And so, the ruling was upheld. The Speaker invoked section 102 of Mason's Manual. Representative Bunde rose to a point of order regarding reference to the other body. The Speaker stated the point was well taken. The question being: "Shall the House concur in the Senate amendment to CSHB 45(FIN)?" The roll was taken with the following result: SCS CSHB 45(FIN) Concur YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Finkelstein And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 45(FIN). 1993-03-16 House Journal Page 0670 HB 45 Representative Phillips moved the effective date clause. Representative Phillips moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. Representative Navarre gave notice of reconsideration of his vote on SCS CSHB 45(FIN). HB 116 Representative Brice added his name as cosponsor to: CS FOR HOUSE BILL NO. 116(FIN) "An Act relating to royalty gas contracts, amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." HB 118 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 118 "An Act extending workers' compensation coverage to certain high school students in uncompensated work-study programs." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Health, Education & Social Services Committee TIME CHANGE Capitol 106 3:30 pm, 3/16 1993-03-16 House Journal Page 0671 Labor & Commerce Committee TIME CHANGE Capitol 17 3:30 pm, 3/16 Rules Committee TIME CHANGE Speaker's Chamber 3:30 pm, 3/16 Finance Committee CANCELED 3/16 Community & Regional Affairs Committee CANCELED 3/16 The Speaker announced a recess until 6:30 p.m., and so, the House recessed at 3:01 p.m. AFTER RECESS The House was called back to order at 6:37 p.m. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 17, 1993. There being no objection, the House adjourned at 6:56 p.m. J.C. Shine Chief Clerk