Legislature(1993 - 1994)
1993-03-26 House Journal
Full Journal pdf1993-03-26 House Journal Page 0771 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 26, 1993 Seventy-fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:08 a.m. Roll call showed 39 members present. Representative Green had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Associate Pastor Mary Ann Warden of the Northern Light United Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord God Almighty, we pray to You with grateful hearts knowing that You understand us even in a language which is foreign to us. Yes, Lord, You who gave us our first language You taught us through our families. You have told us to pray from the heart and not for show. Hear our heart and we thank You for hearing our prayers for relatives, friends, enemies and loved ones. Continue, O Lord, in teaching us Your way this day. Throughout the weekend make us mindful of the rest You gave us even as You rested. Protect us as we travel and from the evil one. Guide us in Your path. You who have made us for Your purpose, may we hear and listen through You Son Jesus, we pray. Amen." 1 1993-03-26 House Journal Page 0772 The Pledge of Allegiance was led by Representative B.Davis. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 73rd and 74th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. ANNOUNCEMENTS Minority Caucus upon recess, 3/26 The Speaker announced a recess, and so, the House recessed at 10:16 a.m. AFTER RECESS The House was called back to order at 11:01 a.m. UNFINISHED BUSINESS Representative Phillips moved that, in accordance with AS 24.60.130, the House confirm the appointment of Dr. Jeff S. Anderson to the Select Committee on Legislative Ethics. Representative Kott moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and the member was required to vote. The question being: "Shall the House confirm the appointment of Dr. Jeff S. Anderson to the Select Committee on Legislative Ethics?" The roll was taken with the following result: 1993-03-26 House Journal Page 0773 Select Committee on Legislative Ethics Confirm - Dr. Jeff S. Anderson YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Hoffman, Menard Excused: Green And so, the appointment of Dr. Jeff S. Anderson was confirmed. Representative Hoffman gave notice of reconsideration of his vote on the confirmation of Dr. Jeff S. Anderson. Representative Phillips moved that, in accordance with AS 24.60.130, the House confirm the appointment of Joseph P. Donahue to the Select Committee on Legislative Ethics. Representative G.Davis moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and the member was required to vote. The question being: "Shall the House confirm the appointment of Joseph P. Donahue to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm - Joseph P. Donahue YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1993-03-26 House Journal Page 0774 Confirm - Joseph P. Donahue (continued) Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, 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 Excused: Green And so, the appointment of Joseph P. Donahue was confirmed. MESSAGES FROM THE GOVERNOR HB 114 A message dated March 24, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: HOUSE BILL NO. 114 (efd add) "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures; and providing for an effective date." Chapter No. 3, SLA 1993 Effective Date: March 25, 1993 SB 30 A message dated March 24, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE BILL NO. 30 "An Act extending the termination date of the Alaska Minerals Commission." Chapter No. 4, SLA 1993 Effective Date: June 22, 1993 1993-03-26 House Journal Page 0775 MESSAGES FROM THE SENATE A message dated March 24, 1993, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 71 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 71(FIN)am by Senators Leman, Ellis, Taylor, Duncan, Donley, Kerttula, Little, Zharoff and Lincoln, entitled: "An Act relating to emergency medical services; and repealing obsolete references to the Statewide Health Coordinating Council and health systems agencies." was read the first time and referred to the Health, Education & Social Services and Finance Committees. A Senate Finance Committee Letter of Intent (page 895 of the Senate Journal) was attached. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Department of Environmental Conservation Office of the Commissioner Storage Tank Assistance Fund Annual Report Fiscal Year 1992 (as required by AS 46.03.363) Legislative Budget and Audit Committee Division of Legislative Audit (as required by AS 24.20.311) Office of the Lieutenant Governor Division of Elections Selected Financial Compliance and Management Issues February 27, 1993 1993-03-26 House Journal Page 0776 Department of Corrections Division of Statewide Programs Major Medical Component January 12, 1993 REPORTS OF STANDING COMMITTEES The Judiciary Committee has reviewed the nominations of the following appointees to the Select Committee on Legislative Ethics: Dr. Jeff S. Anderson Joseph P. Donahue The reports were signed by Representatives Porter, Chair; Representative James, Vice-chair, and Representatives Kott, Phillips, Green and Nordlund. The reports stated that the signatures do not reflect an intent by any of the members to vote for or against these individuals during any further proceedings for the purposes of confirmation. Dr. Jeff S. Anderson was confirmed and notice of reconsideration of the vote was given (page 773). Joseph P. Donahue was confirmed (page 774). The Transportation Committee has reviewed the nominations of the following appointees to the Board of Marine Pilots: Donna C. Bumgardner John C. Klepper Mark E. Springer Recommending confirmation: Foster No recommendation: Mackie, Mulder, Vezey, G.Davis The reports were signed by Representative Foster, Chair. HCR 9 The Resources Committee has considered: 1993-03-26 House Journal Page 0777 HCR 9 HOUSE CONCURRENT RESOLUTION NO. 9 Relating to management of the community development fisheries quota program and fisheries development by the state. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(FSH) Relating to state management of the Western Alaska Community Development Quota Program and state fisheries development policy. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, James, Finkelstein, Davies, Mulder, Williams No recommendation (2): Bunde, Carney The following fiscal note applies to CSHCR 9(FSH): Zero fiscal note, Dept. of Fish & Game, 3/17/93 HCR 9 was referred to the Finance Committee. HCR 10 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 10 Relating to certification of the Alaska State Legislature's opposition to requiring suspension of a driver's license for drug offenses. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(HES) Relating to allowing the state the right to determine and impose sanctions on motor vehicle drivers. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: 1993-03-26 House Journal Page 0778 HCR 10 Do pass (9): Kott, Vezey, G.Davis, Bunde, Toohey, Olberg, B.Davis, Nicholia, Brice The following fiscal notes apply to CSHCR 10(HES): Fiscal note, Dept. of Transportation & Public Facilities, 3/24/93 Zero fiscal note, Dept. of Public Safety, 3/24/93 HCR 10 was referred to the Judiciary Committee. HB 2 The Finance Committee has considered: HOUSE BILL NO. 2 "An Act requiring drug and alcohol tests for school bus drivers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 2(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): MacLean, Parnell Do not pass (2): Hoffman, Foster No recommendation (5): Larson, Hanley, Martin, Navarre, Therriault The committee recommends adoption of the Judiciary Committee letter of Intent (page 567). The following fiscal note applies to CSHB 2(FIN): Fiscal note, Dept. of Education, 3/26/93 HB 2 was referred to the Rules Committee for placement on the calendar. 1993-03-26 House Journal Page 0779 HB 12 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 12 "An Act relating to health insurance for small employers; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): G.Davis, B.Davis, Nicholia, Brice Do not pass (1): Vezey No recommendation (2): Bunde, Toohey The following fiscal note applies to SSHB 12: Zero fiscal note, Dept. of Commerce & Economic Development, 3/26/93 SSHB 12 was referred to the Labor & Commerce Committee. HB 61 The Transportation Committee has considered: HOUSE BILL NO. 61 "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 61(TRA) (same title) The report was signed by Representative Foster, Chair, with the following individual recommendations: Do pass (1): Menard Do not pass (3): G.Davis, Vezey, Mulder 1993-03-26 House Journal Page 0780 HB 61 No recommendation (2): Mackie, Foster The following fiscal notes apply to CSHB 61(TRA): Fiscal note, Dept. of Public Safety, 3/26/93 Fiscal note, Dept. of Law, 3/26/93 Fiscal note, Dept. of Administration, 3/26/93 Zero fiscal note, Dept. of Corrections, 3/26/93 Zero fiscal note, Dept. of Administration, 3/26/93 HB 61 was referred to the Judiciary Committee. HB 66 The Finance 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(FIN) "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 Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): MacLean, Hanley Do not pass (1): Brown No recommendation (5): Larson, Martin, Parnell, Grussendorf, Therriault Amend (1): Navarre 1993-03-26 House Journal Page 0781 HB 66 The following fiscal notes apply to CSHB 66(FIN): Fiscal note, Dept. of Education, 3/26/93 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 Rules Committee for placement on the calendar. HB 71 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 71 "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (5): Sanders, Bunde, Williams, Toohey, Olberg No recommendation (2): Davies, Willis The following fiscal note applies to HB 71: Zero fiscal note, Dept. of Commerce & Economic Development, 3/26/93 HB 71 was referred to the Judiciary Committee. HB 93 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 93 "An Act relating to the village public safety officers program." and recommends it be replaced with: CS FOR HOUSE BILL NO. 93(CRA) (same title) 1993-03-26 House Journal Page 0782 HB 93 The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (7): Sanders, Bunde, Davies, Willis, Williams, Toohey, Olberg The following fiscal note applies to CSHB 93(CRA): Zero fiscal note, Dept. of Public Safety, 3/26/93 HB 93 was referred to the Judiciary Committee. HB 96 The Labor & Commerce Committee has considered: HOUSE BILL NO. 96 "An Act extending the termination date of the Alcoholic Beverage Control Board." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Green, Mulder, Sitton, Hudson, Williams The following fiscal note applies to HB 96: Zero fiscal note, Dept. of Revenue, 3/26/93 HB 96 was referred to the Finance Committee. HB 97 The Finance 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 Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: 1993-03-26 House Journal Page 0783 HB 97 Do pass (10): Navarre, Larson, Hanley, Martin, Parnell, Grussendorf, Therriault, Foster, Hoffman, MacLean 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 Rules Committee for placement on the calendar. HB 136 The Judiciary Committee has considered: HOUSE BILL NO. 136 "An Act relating to the offenses of driving while intoxicated and refusal to submit to a breath test; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 136(JUD) "An Act relating to revocation of and limitations on a driver's license; to the offenses of driving while intoxicated and refusal to submit to a breath test; imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); 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, Nordlund The following fiscal notes apply to CSHB 136(JUD): Revenue fiscal note, Dept. of Public Safety, 3/26/93 Zero fiscal notes (2), Dept. of Administration, 3/26/93 Fiscal note, Dept. of Corrections, 3/5/93 Zero fiscal note, Dept. of Law, 3/5/93 HB 136 was referred to the Finance Committee. 1993-03-26 House Journal Page 0784 HB 139 The Labor & Commerce Committee has considered: HOUSE BILL NO. 139 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." and recommends it be replaced with: CS FOR HOUSE BILL NO. 139(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Green, Williams, Mulder, Sitton, Hudson The following fiscal note applies to CSHB 139(L&C): Fiscal note, Dept. of Education, 3/26/93 HB 139 was referred to the Health, Education & Social Services Committee. HB 140 The Resources Committee has considered: HOUSE BILL NO. 140 "An Act relating to the king salmon tag fee." and recommends it be replaced with: CS FOR HOUSE BILL NO. 140 (FSH) "An Act relating to the anadromous king salmon tag; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Hudson, James, Finkelstein, Davies, Mulder, Bunde, Williams 1993-03-26 House Journal Page 0785 HB 140 Do not pass (1): Carney The following fiscal note applies to CSHB 140(FSH): Fiscal note, Dept. of Fish & Game, 3/12/93 HB 140 was referred to the Finance Committee. HB 151 The Finance Committee has considered: HOUSE BILL NO. 151 "An Act relating to payment by indigent persons for legal services and related costs; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Therriault Do not pass (1): Brown No recommendation (1): Navarre The following fiscal notes apply to CSHB 151(FIN): Revenue fiscal note, Dept. of Law, 3/26/93 Zero fiscal notes (2), Dept. of Administration, 3/26/93 Zero fiscal note, Alaska Court System, 2/24/93 1993-03-26 House Journal Page 0786 HB 151 HB 151 was referred to the Rules Committee for placement on the calendar. HB 168 The Judiciary Committee has considered: HOUSE BILL NO. 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 168(JUD) "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring Department of Commerce and Economic Development approval of contracts between charitable gaming permittees and operators before gaming may occur; limiting the amount of authorized expenses to a percentage of adjusted gross income for a charitable gaming activity; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (2): James, Porter No recommendation (3): Phillips, Nordlund, Kott The following fiscal note applies to CSHB 168(JUD): Fiscal note, Dept. of Commerce & Economic Development, 3/10/93 HB 168 was referred to the Finance Committee. HB 190 The Labor & Commerce Committee has considered: HOUSE BILL NO. 190 "An Act relating to grants awarded by the Alaska Science and Technology Foundation." 1993-03-26 House Journal Page 0787 HB 190 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Green, Williams Do not pass (2): Mackie, Sitton No recommendation (3): Mulder, Porter, Hudson The following fiscal note applies to HB 190: Zero fiscal note, Dept. of Revenue, 3/26/93 HB 190 was referred to the Health, Education & Social Services Committee. HB 198 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 198 "An Act relating to the Alaska regional economic assistance program; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (4): Davies, Willis, Olberg, Williams No recommendation (3): Sanders, Bunde, Toohey The following fiscal note applies to HB 198: Fiscal note, Dept. of Commerce & Economic Development, 3/26/93 HB 198 was referred to the Finance Committee. HB 207 The Transportation Committee has considered: 1993-03-26 House Journal Page 0788 HB 207 HOUSE BILL NO. 207 "An Act relating to the organization of the Department of Transportation and Public Facilities into four regions." The report was signed by Representative Foster, Chair, with the following individual recommendations: Do pass (3): Mackie, Foster, Menard No recommendation (3): G.Davis, Vezey, Mulder The following fiscal note applies to HB 207: Fiscal note, Dept. of Transportation & Public Facilities, 3/26/93 HB 207 was referred to the Finance Committee. HB 213 The Resources Committee has considered: HOUSE BILL NO. 213 "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 acres except in certain situations; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 213(RES) "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date." 1993-03-26 House Journal Page 0789 HB 213 The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Hudson, James, Williams, Mulder Do not pass (2): Finkelstein, Davies No recommendation (2): Carney, Bunde The following fiscal note applies to CSHB 213(RES): Zero fiscal note, Dept. of Natural Resources, 3/26/93 HB 213 was referred to the Finance Committee. HB 217 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 217 "An Act relating to Native corporation dividends and other distributions due to minors in state custody." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (5): G.Davis, Toohey, B.Davis, Nicholia, Brice Do not pass (1): Vezey No recommendation (2): Bunde, Olberg The following fiscal note applies to HB 217: Zero fiscal note, Dept. of Health & Social Services, 3/26/93 HB 217 was referred to the Judiciary Committee. HB 220 The Community & Regional Affairs Committee has considered: 1993-03-26 House Journal Page 0790 HB 220 HOUSE BILL NO. 220 "An Act relating to the economic development grant program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 220(CRA) (same title) The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (6): Sanders, Bunde, Willis, Williams, Toohey, Olberg No recommendation (1): Davies The following fiscal note applies to CSHB 220(CRA): Zero fiscal note, Dept. of Commerce & Economic Development, 3/26/93 HB 220 was referred to the Labor & Commerce Committee. HB 232 The Resources Committee has considered: HOUSE BILL NO. 232 "An Act relating to a bow hunting tag and bow hunting safety; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Hudson, Green, James, Finkelstein, Bunde, Williams, Mulder No recommendation (2): Carney, Davies The following fiscal note applies to HB 232: Fiscal note, Dept. of Fish & Game, 3/26/93 1993-03-26 House Journal Page 0791 HB 232 HB 232 was referred to the Finance Committee. HB 244 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 244 "An Act making a special appropriation for additional district support for kindergarten, primary, and secondary education programs; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (7): Vezey, G.Davis, Olberg, B.Davis, Nicholia, Brice, Kott No recommendation (2): Bunde, Toohey HB 244 was referred to the Finance Committee. SB 53 The Labor & Commerce Committee has considered: CS FOR SENATE BILL NO. 53(FIN) am(efd fld) "An Act relating to payment for abortions under Medicaid and general relief medical assistance; annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Williams, Porter, Sitton Do not pass (2): Green, Mulder No recommendation (2): Hudson, Mackie The following fiscal notes apply to CSSB 53(FIN) am(efd fld): Senate fiscal notes (5), Dept. of Health & Social Services, 1/29/93 1993-03-26 House Journal Page 0792 SB 53 CSSB 53(FIN) am(efd fld) was referred to the Health, Education & Social Services Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska State Museum Exhibit, Gifts from the Great Land: Alaskan Artifacts from the National Museum of Finland By Representatives Hudson, Ulmer; Senator Duncan Honoring - Roxy Wright-Champaine, 1993 Alascom North American Open Championship Sled Dog Race Winner By Representatives Brice, James; Senators Sharp, Frank Honoring - David Morris, NCAA Division I Indoor Track and Field Men's 3000 Meter Champion By Representatives Willis, Carney, Kott; Senators Halford, Phillips Honoring - Team Alaska By Representative Toohey; Senator Leman Honoring - Kristy Zellar By Representative James; Senator Miller Honoring - Craig High School Academic Decathlon Team By Senator Zharoff In Memoriam - Paul William Kompkoff, Sr. By Senator Lincoln; Representative Olberg INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HR 5 HOUSE RESOLUTION NO. 5 by Representative Phillips: Establishing a House Constitutional Revision Task Force to consider and recommend alternative methods by which the state constitution may be revised. 1993-03-26 House Journal Page 0793 HR 5 was read the first time and referred to the Rules Committee. HCR 18 HOUSE CONCURRENT RESOLUTION NO. 18 by Representative Green: Relating to Federal Public Land Week. was read the first time and referred to the State Affairs Committee. HJR 36 HOUSE JOINT RESOLUTION NO. 36 by Representatives Brice, Navarre, B.Davis, Finkelstein, Brown, Nordlund and James: Urging the federal Department of Health and Human Services to repeal the "100-hour rule" relating to employment of certain persons receiving AFDC and to replace it with a regulation that will serve as an incentive for AFDC recipients to accept part-time employment. was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 253 HOUSE BILL NO. 253 by the House Finance Committee, entitled: "An Act amending the basis for determining refunds to local governments under the program of shared fisheries taxes; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 254 HOUSE BILL NO. 254 by the House State Affairs Committee, entitled: "An Act relating to open meetings of governmental bodies; and amending Rule 82 of the Alaska Rules of Civil Procedure." 1993-03-26 House Journal Page 0794 HB 254 was read the first time and referred to the Judiciary Committee. HB 255 HOUSE BILL NO. 255 by the House State Affairs Committee, entitled: "An Act relating to application of the Public Employment Relations Act to municipalities and other political subdivisions." was read the first time and referred to the State Affairs Committee. HB 256 HOUSE BILL NO. 256 by Representative Phillips, entitled: "An Act relating to the legislative internship program." was read the first time and referred to the State Affairs Committee. HB 257 HOUSE BILL NO. 257 by the House Rules Committee by request of the Governor; entitled: "An Act relating to the Uniform Commercial Code; amending Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of Evidence 402; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs, Judiciary and Finance Committees. The following fiscal notes apply to HB 257: Zero fiscal note, Dept. of Commerce & Economic Development, 3/26/93 Zero fiscal note, Dept. of Administration, 3/26/93 The Governor's transmittal letter, dated March 26, 1993, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am 1993-03-26 House Journal Page 0795 HB 257 transmitting a bill relating to amendments and additions to the Uniform Commercial Code (UCC). The bill contains three basic parts recommended by the National Conference of Commissioners on Uniform State Laws (NCCUSL): 1) a new article 2A on personal property leasing; 2) amendments to the UCC's articles 3 and 4 regarding negotiable instruments and bank deposits and collections; and 3) repeal of UCC article 6 on bulk sales. Nothing in the present UCC deals with leasing of personal property, which ranges from cars to heavy equipment and oil rigs. The new article would provide statutory answers to a broad range of legal issues, covering such matters as offer and acceptance, warranties, mistake, failure to perform, risk of loss, and remedies. The current lack of these rules promotes litigation. In the UCC, articles 3 and 4 are companion articles. Article 3 provides for all negotiable instruments including checks and certificates of deposits, while article 4 deals with bank deposits and collections. Amendments in this bill pertaining to these two articles are made primarily to recognize modern electronic technology and banking prac- tices. The revisions provide numerous benefits to the public interest, including certainty of the law, speed and reliability by addressing new technologies, and clarification and modernization of these areas of the UCC. A "bulk sale" is usually one in which a business sells all or a large part of its inventory to a single buyer outside the ordinary course of business. Since its original enactment, new laws have partially overlapped article 6, and more sophisticated and wide-spread inventory financing under article 9 of the UCC has provided even more significant protection for creditors. The NCCUSL recommended repeal of article 6, although also offered a thorough revision for states where this would be appropriate. As of 1991, 14 states had addressed the issue with 10 opting for repeal. The UCC is a comprehensive codification of commercial law. However, to retain its vitality it must be updated on a continuing basis. This bill provides for significant improvements in Alaska law. The changes it contains are essential to business and consumers involved 1993-03-26 House Journal Page 0796 HB 257 in commercial transactions. It will help keep Alaska's Uniform Commercial Code up to date, thus encouraging a predictable and favorable commercial climate, in line with the rest of the country. Sincerely, /s/ Walter J. Hickel Governor" HB 258 HOUSE BILL NO. 258 by Representatives Hudson and Nordlund, entitled: "An Act relating to membership on the board of the teachers' retirement system." was read the first time and referred to the State Affairs and Finance Committees. HB 259 HOUSE BILL NO. 259 by the House Rules Committee by request, entitled: "An Act relating to general grant land entitlements for certain boroughs and unified municipalities; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Resources and Finance Committees. HB 260 HOUSE BILL NO. 260 by Representative Mackie, entitled: "An Act relating to the membership of the Alaska Chilkat Bald Eagle Preserve Advisory Council." was read the first time and referred to the Resources and Finance Committees. 1993-03-26 House Journal Page 0797 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 98 The following was read the second time: HOUSE BILL NO. 98 "An Act naming the Black Veterans Recognition Bridge on the Alaska Highway over the Gerstle River." with the: Journal Page MLV RPT 5DP 546 -ZERO FISCAL NOTE (DOT) 3/5/93 546 TRA RPT 6DP 678 -PREVIOUS ZERO FN (DOT) 3/5/93 678 FIN REFERRAL WAIVED 764 Representative Phillips moved and asked unanimous consent that HB 98 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 98 was read the third time. The question being: "Shall HB 98 pass the House?" The roll was taken with the following result: HB 98 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, 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 1993-03-26 House Journal Page 0798 HB 98 Excused: Green Absent: Davidson And so, HB 98 passed the House and was referred to the Chief Clerk for engrossment. HB 112 The following was read the second time: HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date." with the: Journal Page L&C RPT 6DP 517 -2 ZERO FISCAL NOTES (DCED, LAW) 3/3/93 517 JUD RPT 5DP 1NR 756 -2 PREVIOUS ZERO FNS (LAW, DCED) 3/3/93 756 Representative Phillips moved and asked unanimous consent that HB 112 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 112 was read the third time. The question being: "Shall HB 112 pass the House?" The roll was taken with the following result: HB 112 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 1993-03-26 House Journal Page 0799 HB 112 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, 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 Excused: Green Absent: Davidson And so, HB 112 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 clauses. There being no objection, it was so ordered. HB 112 was referred to the Chief Clerk for engrossment. HB 117 The following was read the second time: HOUSE BILL NO. 117 "An Act naming the Manvil H. Olson Bridge." with the: Journal Page TRA RPT 5DP 480 -ZERO FISCAL NOTE (DOT) 3/1/93 480 FIN RPT 5DP 5NR 644 -PREVIOUS ZERO FN (DOT) 3/1/93 645 Representative Phillips moved and asked unanimous consent that HB 117 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 117 was read the third time. The question being: "Shall HB 117 pass the House?" The roll was taken with the following result: 1993-03-26 House Journal Page 0800 HB 117 HB 117 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, 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 Excused: Green Absent: Davidson And so, HB 117 passed the House and was referred to the Chief Clerk for engrossment. HB 181 The following was read the second time: HOUSE BILL NO. 181 "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date." with the: Journal Page JUD RPT 6DP 1NR 588 -3 ZERO FNS (LAW, ADM, ADM) 3/10/93 588 FIN REFERRAL WAIVED 764 Amendment No. 1 offered by Representative Ulmer: 1993-03-26 House Journal Page 0801 HB 181 Page 1, line 8 through page 2, line 5: Delete Sec.2 and Sec. 3 Renumber remaining sections accordingly. Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 181 Second Reading Amendment No. 1 YEAS: 26 NAYS: 12 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Grussendorf, Hoffman, Kott, Larson, Mackie, Menard, Moses, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sanders, Sitton, Ulmer, Williams, Willis Nays: Foster, Hanley, Hudson, James, MacLean, Martin, Mulder, Olberg, Porter, Therriault, Toohey, Vezey Excused: Green Absent: Davidson And so, Amendment No. 1 was adopted. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Williams - from 12:25 p.m., March 26 to 9:20 p.m., plane time, March 28, 1993 1993-03-26 House Journal Page 0802 Representative Therriault - from 1:15 p.m. through 2:00 p.m., today. Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. SECOND READING OF HOUSE BILLS (continued) HB 181 Representative Phillips moved and asked unanimous consent that HB 181am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 181am was read the third time. The question being: "Shall HB 181am pass the House?" The roll was taken with the following result: HB 181am Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Hoffman Excused: Green, Williams Absent: Davidson And so, HB 181am 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. 1993-03-26 House Journal Page 0803 HB 181 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. HB 181am was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 30 The following was read the second time: HOUSE JOINT RESOLUTION NO. 30 Relating to epidemiological and quarantine services in ports of entry in the state. with the: Journal Page HES RPT 8DP 751 -ZERO FISCAL NOTE (DHSS) 3/24/93 751 Representative Phillips moved and asked unanimous consent that HJR 30 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 30 was read the third time. The question being: "Shall HJR 30 pass the House?" The roll was taken with the following result: HJR 30 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis 1993-03-26 House Journal Page 0804 HJR 30 Excused: Green, Williams Absent: Hoffman And so, HJR 30 passed the House. Representative Navarre gave notice of reconsideration of his vote on HJR 30. HCR 16 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 16 Relating to establishing the coal policy of the state. with the: Journal Page STA RPT 5DP 1NR 750 -ZERO FISCAL NOTE (H.STA/NONE) 3/24/93 750 The question being: "Shall HCR 16 pass the House?" The roll was taken with the following result: HCR 16 Second Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Excused: Green, Williams Absent: Davidson, Grussendorf, Hoffman And so, HCR 16 passed the House. 1993-03-26 House Journal Page 0805 HCR 16 Representative Brown gave notice of reconsideration of her vote on HCR 16. 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 - The Alaska Marine Highway System, 30 Years of Service in Alaska By Representatives Ulmer, Hudson, Grussendorf, Mackie, Williams, Hanley, Brice, Brown, Davidson, Davies, B.Davis, G.Davis, Foster, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Toohey, Willis; Senator Duncan Honoring - William K. "Bill" Boardman By Senator Kerttula; Representatives Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hudson, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sitton, Toohey, Ulmer, Williams, Willis Honoring - Clifford Lloyd and Orea Angela Haydon, Fairbanks Pioneers King and Queen Regents, 1993 By Senator Sharp; Representatives Brice, Davies, B.Davis, Foster, Menard, Navarre, Nicholia, Phillips, Sitton, Therriault, Vezey, Willis In Memoriam - Gren Collins By Representatives Bunde, B.Davis, Foster, Menard In Memoriam - Paul Martin Gundersen Representatives Moses, B.Davis, Foster, Hoffman, Menard In Memoriam - Frank Belts By Senator Salo; Representatives Davies, Sitton, Brice, B.Davis, Foster, Menard, Nicholia, Phillips, Willis 1993-03-26 House Journal Page 0806 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Brice - from 10:15 a.m., April 8 to 7:58 p.m., April 12, 1993 Representative Ulmer - from 5:30 p.m., April 7 to 8:00 p.m., April 13, 1993 There being no objection, it was so ordered. SB 90 The Speaker waived the following from the Resources Committee at the request of Representative Hudson, Vice Chair: SENATE BILL NO. 90 "An Act clarifying powers and duties of state officials in relation to a disaster emergency caused by a catastrophic oil discharge or the release of a hazardous substance." SB 90 was referred to the Rules Committee for placement on the calendar. HB 213 Representative Larson, Co-chair, moved and asked unanimous consent that the following be waived from the Finance Committee: HOUSE BILL NO. 213 "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 acres except in certain situations; and providing for an effective date." Representative Ulmer objected. The question being: "Shall HB 213 be waived from the Finance Committee?" The roll was taken with the following result: 1993-03-26 House Journal Page 0807 HB 213 HB 213 Waive from Finance Committee YEAS: 22 NAYS: 11 EXCUSED: 2 ABSENT: 5 Yeas: Barnes, Brice, Bunde, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brown, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Green, Williams Absent: Carney, Davidson, Grussendorf, Hoffman, Mackie And so, HB 213 was waived from the Finance Committee. HB 213 was referred to the Rules Committee for placement on the calendar. HCR 9 Representative Mulder added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 9 Relating to management of the community development fisheries quota program and fisheries development by the state. HB 71 Representative MacLean added her name as cosponsor to: HOUSE BILL NO. 71 "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date." 1993-03-26 House Journal Page 0808 HB 93 Representative Hoffman added his name as cosponsor to: HOUSE BILL NO. 93 "An Act relating to the village public safety officers program." HB 140 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 140 "An Act relating to the king salmon tag fee." HB 145 Representative Brice added his name as cosponsor to: HOUSE BILL NO. 145 "An Act requiring pay equity for certain public employees and requiring the compensation of certain public employees based on the value of work performed." HB 207 Representative Mackie added his name as cosponsor to: HOUSE BILL NO. 207 "An Act relating to the organization of the Department of Transportation and Public Facilities into four regions." HB 252 Representatives Davidson and Olberg added their names as cosponsors to: HOUSE BILL NO. 252 "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." ENGROSSMENT HB 98 HB 98 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-03-26 House Journal Page 0809 HB 112 HB 112 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 117 HB 117 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 181 HB 181am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 90 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:15 a.m., March 26, 1993: SENATE CS FOR HOUSE BILL NO. 90(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Legislative Council Capitol 205 upon adj. 3/26 TIME CHANGE Health, Education & Social Services Subcommittee School Funding Capitol 102 1:00 p.m., 3/26 Judiciary Committee Capitol 120 1:30 p.m., 3/26 TIME CHANGE 1993-03-26 House Journal Page 0810 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 29, 1993. There being no objection, the House adjourned at 1:00 p.m. J.C. Shine Chief Clerk