Legislature(1993 - 1994)
1993-04-19 House Journal
Full Journal pdf1993-04-19 House Journal Page 1311 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 19, 1993 Ninety-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:20 a.m. Roll call showed 39 members present. Representative Navarre was absent. The invocation was offered by the Chaplain, Reverend Jon Paden of the Juneau Church of Christ. Representative Mackie moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dearest God, Thank You for this new day and for the hope it brings. May we fulfill Your expectations of us in it. Thank You for the trust extended to us by fellow Alaskans. May the work of this body continually demonstrate our worthiness of that trust. We ask Your guidance to legislate what is right, what is fair, and what expresses grace. Help us always to account for the poor, for the children, and for the elderly. I come to You in the name of hope, Jesus Christ. Amen." 1 1993-04-19 House Journal Page 1312 The Pledge of Allegiance was led by Representative Martin. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 96th, 97th and 98th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. **** Jeff King, Winner of the 1993 Iditarod Sled Dog Race, was introduced and extended the courtesy of the floor. MESSAGES FROM THE SENATE A message dated April 16, 1993, was read stating the Senate accepts the invitation to meet in Joint Session at 11:00 a.m., April 27, 1993, to consider the Governor's appointments. SB 90 A message dated April 16, 1993, was read stating the Senate has concurred in the House amendment to SB 90, thus adopting: SENATE BILL NO. 90 am H "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 105 A message dated April 16, 1993, was read stating the Senate has concurred in the House amendments to CSSB 105(JUD) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 105(JUD) am H "An Act relating to motor vehicle dealers and to agents for motor vehicle buyers; and providing for an effective date." 1993-04-19 House Journal Page 1313 Messages dated April 16, 1993, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 29 SENATE JOINT RESOLUTION NO. 29 by Senators Taylor, Donley and Kelly: Relating to federal efforts to require the use of motorcycle helmets in Alaska. was read the first time and referred to the Transportation Committee. ***The presence of Representative Navarre was noted. FIRST READING AND REFERENCE OF SENATE BILLS SB 51 SENATE BILL NO. 51 by Senators Phillips and Leman, entitled: "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." was read the first time and referred to the Finance Committee. SB 91 CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(HES) by Senators Leman, Ellis, Pearce, Duncan, Zharoff, Lincoln, Little, Donley and Salo, entitled: "An Act prohibiting unfair discrimination against direct-entry midwives who perform services within the scope of their certification; providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date." was read the first time and referred to the Finance Committee. 1993-04-19 House Journal Page 1314 SB 162 CS FOR SENATE BILL NO. 162(FIN) by the Senate Rules Committee by request of the Governor, entitled: "An Act relating to the implementation of the federal emergency unemployment compensation program; making changes relating to unemployment compensation under the extended benefits program and the supplemental state benefits program; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 174 CS FOR SENATE BILL NO. 174(L&C) am by Senators Kelly, Taylor and Pearce, 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; and providing for an effective date." was read the first time and referred to the State Affairs Committee. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Department of Commerce & Economic Development Division of Occupational Licensing 1992 Games of Chance and Skill Annual Report (as required by AS 05.15.090) REPORTS OF STANDING COMMITTEES The Resources Committee has considered the confirmation of the following appointees: Susan Entsminger as a member of the Board of Game. 1993-04-19 House Journal Page 1315 Recommending confirmation: Green, Bunde Recommending do not confirm: Carney, Finkelstein, Davies No recommendation: Hudson, Williams Roger Huntington as a member of the Board of Game. Recommending confirmation: Bunde, Green, Carney, Hudson, Williams No recommendation: Finkelstein, Davies Anne Ruggles as a member of the Board of Game. Recommending confirmation: Hudson, Carney, Green, Bunde, Williams, Davies No recommendation: Finkelstein Jack Didrickson as a member of the Board of Game. Recommending confirmation: Carney, Green, Bunde Recommending do not confirm: Hudson, Finkelstein, Williams, Davies The following letter signed by Representative Williams, Chair, was attached: "As the committee assigned to consider appointments to the Board of Game, we are responsible for reviewing the qualifications of individual appointees to serve on the board. But in making our recommendations to the full House it is also our responsibility to ensure that the appointment and confirmation process is done legally and constitutionally, and that the board process itself is protected. 1993-04-19 House Journal Page 1316 It is these "process" issues that have raised serious concerns with regard to the governor's appointments to the Board of Game. The question arises from the fact that the governor appointed Jack Didrickson to serve on the Game Board last May, for a term that was to have gone through January of 1994. Didrickson has been serving on the board since May. In February of this year, rather than submitting Didrickson's name to the legislature for confirmation, the governor submitted Ernest Polley's name for that seat, stating that Polley would replace Didrickson on April 5. Didrickson never resigned. The governor's office simply informed him that he was being removed, and specifically told him that the removal was not for cause. Article III, section 26, of the Alaska Constitution states that board members "shall be appointed by the governor, subject to confirmation by a majority of the members of the legislature in joint session, and may be removed as provided by law." AS 16.05.280, referring to the Board of Game and Board of Fisheries, provides: The governor may only remove a board member for inefficiency, neglect of duty, or misconduct in office, or because the member, while serving on the board, is convicted of a misdemeanor for violating a statute or regulation related to fish and game or of a felony, and shall do so by delivering to the member a written copy of the charges and giving the member an opportunity to be heard in person or though counsel at a public hearing before the governor or a designee upon at least 10 days' notice by registered mail. The member may confront and cross-examine adverse witnesses, Upon removal, the governor or a designee shall file in the proper state office the findings and a complete statement of all charges made against the member. Further, AS 39.05.080(4) provides that: "Pending confirmation or rejection of appointment by the legislature, persons appointed shall exercise the functions, and have the powers and be charged with the duties prescribed by law for the appointive positions or membership." 1993-04-19 House Journal Page 1317 No mention is made in the constitution or in statute of an appointee having any different status regarding their authority or removal before and after submission of their name to the legislature. The governor is given the power to appoint and the power to remove for cause. The legislature is given the power to confirm or not confirm. In recognition of the unique duties and pressures of the Boards of Fisheries and Game, the law specifically removes these two boards from the general provision for service "at the pleasure of the governor" which governs most other boards and commissions in the state. The purpose of "removal only for cause" is to insulate the board process from potential political manipulation and pressure. The key issue for the legislature is whether the protection of the "removal only for cause" provision begins at the time of a board member's appointment, or is only triggered at the time the governor takes the physical action of submitting the name to the legislature, or at the time of confirmation. The Department of Law, in defending the actions of the governor in removing Didrickson, contends that Didrickson is a mere "nominee." They further contend that the name of such a nominee can be withdrawn at any time before confirmation, and that the protection of "removal only for cause" does not pertain to a board member until after confirmation regardless of whether the person has been functioning as a board member since the time of their appointment. Legislative legal counsel has concluded that the governor did not remove Jack Didrickson for cause, and pursuant to AS 16.05,280, did not have the authority to remove him otherwise. Counsel has stated that absent a proper removal for cause, there is no vacancy on the Board of Game to which Ernest Polley may be appointed. AS 39.05.080(1) provides for an orderly procedure for the governor to notify the legislature of appointments, including those appointments made between sessions of the legislature. It is counsel's opinion that if the governor fails or refuses to submit the name of a person who has been appointed and is serving in a position requiring confirmation by the legislature, the legislature may take notice of that appointment and may consider that person for confirmation. 1993-04-19 House Journal Page 1318 The current situation presents several dilemmas to the legislature. Rather than legislators being free to make their Game Board confirmation decisions based on the qualifications of particular appointees to serve on the board, our options are limited or influenced by our consideration of the legal matters at stake. Furthermore, if only Didrickson's name is legally before us for confirmation, and if he is confirmed, we will be faced with a board which lacks the traditional geographic representation. That is because the governor chose to appoint Ernest Polley (a resident of southeast Alaska) to the Didrickson seat rather than to the seat that was being vacated by the only southeasterner on the Game Board. Without Polley's appointment and confirmation, the board will have no members from southeast Alaska for the first time in the history of the Game Board. The House Resources Committee is sending its individual recommendations back to the full house regarding whether we feel each of the five potential appointees is qualified for service on the board. However, we are concerned about the legislature's responsibility to protect the board process, and to protect the legislature's constitutional authority to confirm and to set conditions for removal of members of boards. Therefore, this committee recommends that the House carefully consider the legal questions concerning these appointments in deciding whether the name of Jack Didrickson and/or the name of Ernest Polley is properly before the body for confirmation to the Board of Game. To assist members of the House in considering these matters, attached you will find copies of the opinion from Legislative Legal Services and the memorandum of advice from the Department of Law regarding the legal issues involved with the Board of Game appointments discussed in this letter. Whatever action is ultimately taken by the joint session should not be construed as approval of the governor's actions in this case. Further, it is the belief of this committee that if the body does not take a vote on the purported appointment of Ernest Polley in joint session, he will never have been properly appointed and therefore he should be considered eligible by the governor for appointment to this or any other seat which becomes legally vacant." 1993-04-19 House Journal Page 1319 Ernest Polley as a member of the Board of Game. Recommending confirmation: Hudson, Green, Finkelstein, Davies Representative Carney signed "Not legally before the legislature". Representative Williams signed "Would recommend as a board member. But this seat was not legally vacant". The letter regarding the confirmation of Jack Didrickson also pertains to this appointment. The reports regarding appointments to the Board of Game were signed by Representative Williams, Chair. The State Affairs Committee reviewed the qualifications of the following and recommends the appointees be forwarded to a joint sessions for consideration: Charles R. Griffin Bradley L. Shaffer Jean B. Schmitt as members to the State Board of Public Accountancy: The reports were signed by Representative Vezey, Chair; Representative Kott, Vice Chair; and Representatives G.Davis, Olberg and Ulmer. The reports stated that the committee review does not reflect an intent by any of the members to vote for or against these individuals during any further sessions for the purposes of confirmation. HJR 41 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council. 1993-04-19 House Journal Page 1320 HJR 41 The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Carney, Green, Finkelstein, Davies, Mulder, Bunde, Williams The following fiscal note applies to HJR 41: Zero fiscal note, House Resources Committee/Dept. Fish & Game, 4/19/93 HJR 41 was referred to the Rules Committee for placement on the calendar. HB 106 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 106 "An Act establishing the Alaska education technology program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 106(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): B.Davis, Brice Do not pass (1): Olberg No recommendation (5): Kott, Vezey, G.Davis, Bunde, Toohey The following fiscal notes apply to CSHB 106(HES): Fiscal notes (2), Dept. of Education, 4/19/93 Fiscal note, Dept. of Revenue, 4/19/93 HB 106 was referred to the Finance Committee. 1993-04-19 House Journal Page 1321 HB 182 The Resources Committee has considered: 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." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Carney, Green, James, Mulder Do not pass (2): Finkelstein, Davies No recommendation (2): Bunde, Williams HB 182 was referred to the Finance Committee. HB 195 The Judiciary Committee has considered: HOUSE BILL NO. 195 "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." and recommends it be replaced with: 1993-04-19 House Journal Page 1322 HB 195 CS FOR HOUSE BILL NO. 195(JUD) "An Act authorizing youth courts by which to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, and 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." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, James, Porter, Nordlund The following fiscal notes apply to CSHB 195(JUD): Zero fiscal note, Dept. of Health & Social Services, 4/5/93 Zero fiscal note, Dept. of Community & Regional Affairs, 4/5/93 HB 195 was referred to the Finance Committee. HB 222 The Judiciary Committee has considered: HOUSE BILL NO. 222 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." and recommends it be replaced with: CS FOR HOUSE BILL NO. 222(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: 1993-04-19 House Journal Page 1323 HB 222 Do pass (4): Kott, Green, James, Porter No recommendation (1): Nordlund The following fiscal notes apply to CSHB 222(JUD): Fiscal note, Dept. of Public Safety, 4/2/93 Fiscal note, Dept. of Law, 4/2/93 HB 222 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska All Star Pee Wee A Hockey Team By Representative Porter INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 285 HOUSE BILL NO. 285 by Representative Finkelstein, entitled: "An Act relating to the return of property by consumers after purchase." was read the first time and referred to the Labor & Commerce and Judiciary Committees. ANNOUNCEMENTS State Affairs Committee Capitol 102 8:00 am, 4/20 HB 209, HB 249, HB 280, SB 85, SB 174 1993-04-19 House Journal Page 1324 UNFINISHED BUSINESS HB 156 The Speaker waived the Health, Education & Social Services Committee referral on the following at the request of Representative Bunde, Co-chair: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 156 "An Act establishing the educational facilities maintenance and construction fund; and providing for an effective date." HB 156 was referred to the Judiciary Committee. HB 209 The Speaker waived the Health, Education & Social Services Committee referral on the following at the request of Representative Bunde, Co-chair: HOUSE BILL NO. 209 "An Act relating to community health aide grants." HB 209 is currently in the State Affairs Committee with an additional referral to the Finance Committee. HB 249 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249 "An Act relating to persons whose occupations involve electrical or mechanical equipment and systems; and providing for an effective date." HB 249 is currently in the State Affairs Committee. 1993-04-19 House Journal Page 1325 RECONSIDERATION HB 206 Representative Mulder brought up reconsideration of the vote on CSHB 206(STA) am (page 1294). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 206(STA) am "An Act relating to the regulation of election campaigns, and providing for regulation by the Alaska Public Offices Commission of elections by certain electrical cooperatives and by certain telephone cooperatives." Representative Mulder moved and asked unanimous consent that CSHB 206(STA) am be returned to second reading for the specific purpose of considering Amendment No. 14. Representative Mackie objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 14 was offered by Representative Mulder: Page 1, lines 1 - 3 (title amendment): Delete all material and insert: ""An Act amending provisions of the Alaska Elections Code relating to election campaigns to exempt from the election campaign reporting requirements a candidate whose campaign contributions and campaign expenditures do not exceed $1,000, and to extend the Alaska Public Offices Commission's regulation of election campaigns to elections to boards of directors of electrical cooperatives and telephone cooperatives who serve at least 10,000 customers."" Representative Mulder moved and asked unanimous consent that Amendment No. 14 be adopted. There being no objection, it was so ordered. 1993-04-19 House Journal Page 1326 HB 206 The question to be reconsidered: "Shall CSHB 206(STA) am pass the House?" The roll was taken with the following result: CSHB 206(STA) am--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 4 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Davies, Sitton, Willis Absent: Davidson, Hoffman, MacLean And so, CSHB 206(STA) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. HB 236 Representative Davies brought up reconsideration of the vote on CSHB 236 (RLS) (page 1301). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to notices for the sale of certain real property." Representative Davies moved and asked unanimous consent that CSHB 236(RLS) am be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. 1993-04-19 House Journal Page 1327 HB 236 Amendment No. 2 was offered by Representative Davies: Page 2, line 8, following "week": Insert "for at least 50 weeks" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Vezey objected and withdrew the objection. There being no further objection, Amendment No. 2 was adopted. The question to be reconsidered: "Shall CSHB 236(RLS) am pass the House?" The roll was taken with the following result: CSHB 236(RLS) am--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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, Williams, Willis Absent: Davidson, Hoffman And so, CSHB 236(RLS) am passed the House and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 71 The following was read the second time: 1993-04-19 House Journal Page 1328 HB 71 HOUSE BILL NO. 71 "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date." with the: Journal Page CRA RPT 5DP 2NR 781 -ZERO FISCAL NOTE (DCED) 3/26/93 781 JUD RPT 5DP 2NR 1172 -PREVIOUS ZERO FN (DCED) 3/26/93 1172 Representative Phillips moved and asked unanimous consent that HB 71 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 71 was read the third time. The question being: "Shall HB 71 pass the House?" The roll was taken with the following result: HB 71 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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, Williams, Willis Absent: Davidson, Hoffman And so, HB 71 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 71 was referred to the Chief Clerk for engrossment. 1993-04-19 House Journal Page 1329 HB 196 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." with the: Journal Page MLV RPT 4DP 705 -2 ZERO FNS (DMVA, ADM) 3/19/93 705 STA RPT 6DP 1173 -2 PREV ZERO FNS (DMVA, ADM) 3/19/93 1173 Representative Phillips moved and asked unanimous consent that SSHB 196 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SSHB 196 was read the third time. The question being: "Shall SSHB 196 pass the House?" The roll was taken with the following result: SSHB 196 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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, Williams, Willis Absent: Davidson, Hoffman And so, SSHB 196 passed the House and was referred to the Chief Clerk for engrossment. 1993-04-19 House Journal Page 1330 HB 212 The following was read the second time: HOUSE BILL NO. 212 "An Act relating to a factor in aggravation of the presumptive term of a criminal sentence, and prohibiting the referral of a sentence based on application of that factor to a three-judge sentencing panel as an extraordinary circumstance." with the: Journal Page JUD RPT CS(JUD) 5DP 1NR 975 -5 ZERO FNS (ADM,ADM,CORR,LAW,COURT) 4/5/93 976 FIN RPT CS(JUD) 7DP 1173 -5 PREV ZERO FNS (ADM,ADM,CORR,LAW,CT)4/5 1174 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. 212(JUD) (same title) There being no objection, it was so ordered. Representative MacLean placed a call of the House and lifted the call. Amendment No. 1 was offered by Representative Davies: Page 4, line 23: Delete "18(D)" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative MacLean objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: 1993-04-19 House Journal Page 1331 HB 212 CSHB 212(JUD) Second Reading Amendment No. 1 YEAS: 10 NAYS: 28 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Navarre, Nordlund, Sitton Nays: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Willis Absent: Menard, Williams And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 212(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 212(JUD) was read the third time. The question being: "Shall CSHB 212(JUD) pass the House?" The roll was taken with the following result: CSHB 212(JUD) Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, 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: Davies 1993-04-19 House Journal Page 1332 HB 212 Absent: Menard And so, CSHB 212(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 239 The following was read the second time: HOUSE BILL NO. 239 "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date." with the: Journal Page RES RPT CS(RES) 6DP 3NR 932 -FISCAL NOTE (F&G) 4/2/93 933 FIN RPT CS(RES) 2DP 1DNP 4NR 1107 -PREVIOUS FN (F&G) 4/2/93 1108 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. 239(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Finkelstein: Page 2, line 16: Delete "support candidates for political office" Insert "make a contribution for a political or lobbying campaign" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. 1993-04-19 House Journal Page 1333 HB 239 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 239(RES) Second Reading Amendment No. 1 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Hoffman, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 239(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 239(RES) was read the third time. The question being: "Shall CSHB 239(RES) pass the House?" The roll was taken with the following result: CSHB 239(RES) Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 1993-04-19 House Journal Page 1334 HB 239 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Grussendorf, Hoffman, Martin And so, CSHB 239(RES) 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 239(RES). HB 279 The following was read the second time: HOUSE BILL NO. 279 "An Act extending the termination date of the Alaska Public Utilities Commission to June 30, 1997." with the: Journal Page L&C RPT CS(L&C) NEW TITLE 5DP 2NR 1201 -ZERO FISCAL NOTE (DCED) 4/14/93 1202 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. 279(L&C) (same title) Amendment No. 1 was offered by Representative Finkelstein: Page 1, lines 2 and 5: Delete "1994" Insert "1995" 1993-04-19 House Journal Page 1335 HB 279 Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mackie objected. Representative Brown moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Brown was required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 279(L&C) Second Reading Amendment No. 1 YEAS: 14 NAYS: 25 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Bunde, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Absent: Carney And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 279(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 279(L&C) was read the third time. The question being: "Shall CSHB 279(L&C) pass the House?" The roll was taken with the following result: 1993-04-19 House Journal Page 1336 HB 279 CSHB 279(L&C) Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, 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, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Olberg, Sitton Absent: Carney And so, CSHB 279(L&C) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 122 The following was read the second time: SENATE BILL NO. 122 am "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." with the: Journal Page JUD RPT HCS (JUD) 5DP 1AM 1179 -3 SEN ZERO FNS (COURT, ADM, LAW) 3/5 1180 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR SENATE BILL NO. 122(JUD) (same title) 1993-04-19 House Journal Page 1337 SB 122 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS SB 122(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS SB 122(JUD) was read the third time. The question being: "Shall HCS SB 122(JUD) pass the House?" The roll was taken with the following result: HCS SB 122(JUD) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, 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 Absent: Carney And so, HCS SB 122(JUD) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HR 6 The following was read the second time: HOUSE RESOLUTION NO. 6 Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska. 1993-04-19 House Journal Page 1338 HR 6 Amendment No. 1 was offered by Representatives Brown and Sanders: Page 2, lines 4 and 5, after "if": Delete "the cold weather health effects of" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. The question being: "Shall HR 6 am pass the House?" The roll was taken with the following result: HR 6 am Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, 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: Carney, Davidson And so, HR 6 am passed the House and was referred to the Chief Clerk for engrossment and enrollment. 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: 1993-04-19 House Journal Page 1339 Honoring - Tribal Unity and Traditional Medicine Gathering By Representatives Hoffman, Brice, Davies, Foster, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Toohey, Ulmer, Willis Honoring - Mike Williams By Senators Zharoff, Duncan, Lincoln, Kerttula; Representatives Bunde, Davies, Foster, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Phillips, Toohey, Willis UNFINISHED BUSINESS HR 6 Representatives Green, Davies, Menard and Bunde added their names as cosponsors to: HOUSE RESOLUTION NO. 6 am Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska. HJR 37 Representative Toohey added her name as cosponsor to: 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. HJR 41 Representative Davies added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council. 1993-04-19 House Journal Page 1340 HB 71 Representative Menard added his name as cosponsor to: HOUSE BILL NO. 71 "An Act relating to the involuntary dissolution of Native corporations; and providing for an effective date." HB 196 Representative Menard added his name as cosponsor to: HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." HB 212 Representative Ulmer added her name as cosponsor to: CS FOR HOUSE BILL NO. 212(JUD) "An Act relating to a factor in aggravation of the presumptive term of a criminal sentence, and prohibiting the referral of a sentence based on application of that factor to a three-judge sentencing panel as an extraordinary circumstance." HB 239 Representative Menard added his name as cosponsor to: HOUSE BILL NO. 239 "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date." SJR 29 Representative Brice added his name as cross sponsor to: SENATE JOINT RESOLUTION NO. 29 Relating to federal efforts to require the use of motorcycle helmets in Alaska. 1993-04-19 House Journal Page 1341 SB 91 Representative Brice added his name as cross sponsor to: CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 91(HES) "An Act prohibiting unfair discrimination against direct-entry midwives who perform services within the scope of their certification; providing for coverage of midwife services under Medicaid; reordering the priority of optional services provided by the state under Medicaid; and providing for an effective date." SB 122 Representatives MacLean and Menard added their names as cross sponsors to: HOUSE CS FOR SENATE BILL NO. 122(JUD) "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." SB 173 Representative Brice added his name as cross sponsor to: CS FOR SENATE BILL NO. 173(FIN) "An Act relating to health insurance for small employers; and providing for an effective date." ENGROSSMENT HB 71 HB 71 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 196 SSHB 196 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 206 CSHB 206(STA) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-04-19 House Journal Page 1342 HB 212 CSHB 212(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 232 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE BILL NO. 232 "An Act relating to a bow hunting tag and bow hunting safety; and providing for an effective date." HB 236 CSHB 236(RLS) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 279 CSHB 279(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 122 HCS SB 122(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 20, 1993. There being no objection, the House adjourned at 12:18 p.m. J.C. Shine Chief Clerk