Legislature(1993 - 1994)
1993-04-01 House Journal
Full Journal pdf1993-04-01 House Journal Page 0907 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday April 1, 1993 Eighty-first Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:20 a.m. Roll call showed 37 members present. Representatives Davidson, Finkelstein and Martin were absent. Representative Phillips moved and asked unanimous consent that Representative Mulder be excused from a call of the House from 12:00 noon to 2:00 p.m. today. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Interim Pastor David Carpenter of the Glacier Valley Baptist Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear God, our Heavenly Father: When we consider the seriousness of the issues before us, and the magnitude of our responsibilities, we are made mindful of our frailties. Grant us thy strength and wisdom as we strive to do what is right, and use us to Thy glory. For this is our prayer, in Jesus' name. Amen." The Pledge of Allegiance was led by Representative Parnell. 1 1993-04-01 House Journal Page 0908 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 80th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 10 A message dated March 31, 1993, was read stating the Senate has passed: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(HES) am Relating to allowing the state the right to determine and impose sanctions on motor vehicle drivers. A Senate Letter of Intent was attached (page 1012 of the Senate Journal). CSHCR 10(HES)am was enrolled (page 904). COMMUNICATIONS The following report is on file in the Chief Clerk's office: Department of Environmental Conservation Office of the Commissioner Survey of aboveground non-crude oil terminal facilities in Alaska with storage capacities between 1,000 and 5,000 barrels storage capacity INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1993-04-01 House Journal Page 0909 Honoring - John F. Franklin By Representative Barnes Honoring - Kuspuk School District Elders' Conference By Representative Nicholia; Senator Lincoln Honoring - USKH Architects Engineers Surveyors & Planners, Alaska School Business Partnership Program By Representatives Hanley, Sanders Honoring - Anchorage Convention & Visitors Bureau, Alaska School Business Partnership Program By Representatives Hanley, Toohey, Brown Honoring - Dimond Alumni Foundation, Alaska School Business Partnership Program By Representatives Hanley, Parnell Honoring - MAPCO, Alaska School Business Partnership Program By Representatives Hanley, Toohey, Brown Honoring - National Bank of Alaska, Alaska School Business Partnership Program By Representatives Hanley, Toohey, Brown Honoring - Anchorage Community Mental Health Services, Compeer Program By Senator Ellis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 38 HOUSE JOINT RESOLUTION NO. 38 by Representatives Davidson, Ulmer, B.Davis, Menard and Hudson: Relating to the Alaska Maritime Heritage Foundation. was read the first time and referred to the State Affairs Committee. 1993-04-01 House Journal Page 0910 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 268 HOUSE BILL NO. 268 by Representative James, entitled: "An Act extending the termination date of the Board of Dispensing Opticians; and providing for an effective date." was read the first time and referred to the Finance Committee. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS The Speaker stated that, without objection, the House would first consider HB 69 on the calendar. HB 69 The following, which was advanced to third reading from the March 31, 1993, calendar (page 901), was read the third time: CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." ***The presence of Representatives Davidson, Finkelstein and Martin was noted. Representative Brown moved and asked unanimous consent that CSHB 66(FIN)am be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Phillips objected. The question being: "Shall CSHB 69(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1?" The roll was taken with the following result: 1993-04-01 House Journal Page 0911 HB 69 CSHB 69(FIN) Third Reading Return to Second for specific amendment YEAS: 15 NAYS: 24 EXCUSED: 0 ABSENT: 1 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Absent: Brice And so, the motion failed. The question being: "Shall CSHB 69(FIN) pass the House?" The roll was taken with the following result: CSHB 69(FIN) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, 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 Nays: Brown Absent: Brice, Davidson And so, CSHB 69(FIN) passed the House. 1993-04-01 House Journal Page 0912 HB 69 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 changes. There being no objection, it was so ordered. Representative Phillips gave notice of reconsideration of her vote on CSHB 69(FIN). RECONSIDERATION HB 69 Representative Phillips moved and asked unanimous consent that the reconsideration of CSHB 69(FIN) be taken up on the same day. Representative Navarre objected and withdrew the objection. Representative Davidson objected and withdrew the objection. The Speaker placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSHB 69(FIN) pass the House?" The roll was taken with the following result: CSHB 69(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, 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 Nays: Brown And so, CSHB 69(FIN) passed the House on reconsideration. 1993-04-01 House Journal Page 0913 HB 69 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 changes. There being no objection, it was so ordered. CSHB 69(FIN) was referred to the Chief Clerk for engrossment. HB 66 The following, which was advanced to third reading from the March 31, 1993, calendar (page 900) was read the third time: CS FOR HOUSE BILL NO. 66(FIN) am "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." Representative Willis moved and asked unanimous consent that CSHB 66(FIN)am be returned to second reading for the purpose of rescinding action in failing to adopt Amendment No. 3. Representative Phillips objected. The question being: "Shall CSHB 66(FIN)am be returned to second reading?" The roll was taken with the following result: CSHB 66(FIN)am Third Reading Return to Second Reading Rescind Action - Amendment No. 3 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis 1993-04-01 House Journal Page 0914 HB 66 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, the motion failed. Representative Davidson moved and asked unanimous consent that CSHB 66(FIN)am be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 7. Representative Phillips objected. The question being: "Shall CSHB (FIN)am be returned to second reading?" The roll was taken with the following result: CSHB 66(FIN)am Third Reading Return to Second Reading Rescind Action - Amendment No. 7 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, the motion failed. Representative Davidson moved and asked unanimous consent that CSHB 66(FIN)am be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 16. Representative Phillips objected. The question being: "Shall CSHB 66(FIN)am be returned to second reading?" The roll was taken with the following result: 1993-04-01 House Journal Page 0915 HB 66 CSHB 66(FIN)am Third Reading Return to Second Reading Rescind Action - Amendment No. 16 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, the motion failed. The Speaker placed a call of the House. The call was satisfied. The question being: "Shall CSHB 66(FIN)am pass the House?" The roll was taken with the following result: CSHB 66(FIN)am Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis And so, CSHB 66(FIN)am passed the House. Representative Phillips moved the effective date clause. 1993-04-01 House Journal Page 0916 HB 66 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 66(FIN)am Third Reading Effective Date YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis And so, the effective date clause was adopted. Representative Willis gave notice of reconsideration of his vote on CSHB 66(FIN)am. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. Representative Mackie objected to the citation Honoring - 1991 Alaska Advisory Reapportionment Board. Representative Vezey moved and asked unanimous consent that he be allowed to withdraw the citation Honoring - 1991 Alaska Advisory Reapportionment Board. Representative Mackie objected and withdrew the objection. There being no further objection, the citation was withdrawn. 1993-04-01 House Journal Page 0917 There was no objection to the following citations and they were sent to enrolling: Honoring - Scott Darsney By Representatives Moses, Davies, Hoffman, Menard, Nicholia; Senator Jacko Honoring - Mustangs Hockey Association Blue Devils 1993 Squirt Tier II State Champions By Senators Phillips, Halford; Representatives Willis, Kott, Carney, B.Davis, Green, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Toohey UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Larson - from 6:05 p.m., April 8 to 7:05 p.m., April 11, 1993 There being no objection, it was so ordered. HB 89 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: 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 Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES HB 109 The Finance Committee has considered: 1993-04-01 House Journal Page 0918 HB 109 HOUSE BILL NO. 109 "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 109(JUD) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): Larson, Martin No recommendation (5): MacLean, Hanley, Parnell, Grussendorf, Hoffman Amend (1): Brown The following fiscal notes apply to CSHB 109(JUD): Fiscal note, Dept. of Health & Social Services, 3/19/93 Fiscal note, Dept. of Health & Social Services, 2/17/93 Zero fiscal note, Dept. of Law, 3/19/93 Zero fiscal note, Dept. of Corrections, 3/19/93 HB 109 was referred to the Rules Committee for placement on the calendar. HB 137 The Finance Committee has considered: HOUSE BILL NO. 137 "An Act authorizing special medical parole for terminally ill prisoners." and recommends it be replaced with: CS FOR HOUSE BILL NO. 137(JUD) (same title) 1993-04-01 House Journal Page 0919 HB 137 The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (6): Larson, Martin, Grussendorf, Brown, Foster, MacLean No recommendation (4): Hoffman, Hanley, Parnell, Therriault The following fiscal notes apply to CSHB 137(JUD): Zero fiscal notes (2), Dept. of Administration, 4/1/93 Zero fiscal note, Dept. of Corrections, 3/1/93 HB 137 was referred to the Rules Committee for placement on the calendar. UNFINISHED BUSINESS HJR 1 Representative Sanders added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 1 Proposing amendments to the Constitution of the State of Alaska authorizing the use of the initiative to amend the Constitution of the State of Alaska by approval of two-thirds of the votes cast on the proposed amendment. HJR 9 Representative Sanders added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 9 Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state. HJR 37 Representative B.Davis added her name as cosponsor to: 1993-04-01 House Journal Page 0920 HJR 37 HOUSE JOINT RESOLUTION NO. 37 Urging the Congress to enact H.R. 1033 or similar legislation authorizing construction grants for publicly-owned treatment works in economically distressed rural communities. HB 105 Representative Sanders added his name as cosponsor to: HOUSE BILL NO. 105 "An Act providing for incarceration for nonviolent, youthful first offenders in boot camps operated by the Department of Corrections; creating the Boot Camp Advisory Board in the Department of Corrections; amending Alaska Rule of Criminal Procedure 35; and providing for an effective date." HB 182 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 182 "An Act making a special appropriation to the Department of Transportation and Public Facilities, northern region, for identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date." HB 183 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 183 "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula for road, rail, pipeline, and electrical transmission purposes; and providing for an effective date." ENGROSSMENT HB 69 CSHB 69(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-04-01 House Journal Page 0921 ANNOUNCEMENTS Majority Caucus Speaker's Chamber 1:00 pm, 4/1 Community & Regional Affairs Committee TIME CHANGE Capitol 124 1:30 pm, 4/1 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 2, 1993. There being no objection, the House adjourned at 12:46 p.m. J.C. Shine Chief Clerk