Legislature(1993 - 1994)
1993-04-23 House Journal
Full Journal pdf1993-04-23 House Journal Page 1453 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 23, 1993 One Hundred Third Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:32 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 Parnell 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 life and for the joy found in it. Thank You for vision. Thank You for those who see where we must go and set the course. Thank You also for differences in thinking among us, whether due to political conviction or ethnic diversity or whatever. Help us ever set a course and forge what is right for all peoples and all persons in our beloved Alaska. Despite the struggle to that end, thank You for the joy beyond. Thank You for the men and women of this body. Please guard and guide each. I come to You in the name of the one who pioneered the path to joy, Jesus Christ. Amen." 1 1993-04-23 House Journal Page 1454 The Pledge of Allegiance was led by Representative Brice. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 102nd legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 279 A message dated April 22, 1993, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 279(L&C) "An Act extending the termination date of the Alaska Public Utilities Commission to June 30, 1994." CSHB 279(L&C) was referred to the Chief Clerk for enrollment. REPORTS OF STANDING COMMITTEES HB 283 The Rules Committee has considered: HOUSE BILL NO. 283 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (7): Carney, Ulmer, Hanley, Barnes, Phillips, Sanders, Moses The following fiscal note applies to HB 283: Zero fiscal note, House Rules Committee/all agencies, 4/23/93 1993-04-23 House Journal Page 1455 HB 283 HB 283 is on today's calendar. HB 284 The Rules Committee has considered: HOUSE BILL NO. 284 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (7): Carney, Ulmer, Hanley, Barnes, Phillips, Sanders, Moses The following fiscal note applies to HB 284: Zero fiscal note, House Rules Committee/all agencies, 4/23/93 HB 284 is on today's calendar. SB 49 The Finance Committee has considered: SENATE BILL NO. 49 "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): MacLean, Larson, Parnell, Grussendorf, Navarre, Foster No recommendation (5): Hanley, Martin, Hoffman, Brown, Therriault 1993-04-23 House Journal Page 1456 SB 49 The following fiscal note applies to SB 49: Senate zero fiscal note, Dept. of Administration, 2/1/93 SB 49 was referred to the Rules Committee for placement on the calendar. SB 57 The Finance Committee has considered: SENATE BILL NO. 57 "An Act relating to employment contributions and to extending the pilot project for the state training and employment program; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (11): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Hoffman, Navarre, Brown, Therriault, Foster The following fiscal notes apply to SB 57: Senate zero fiscal note, Dept. of Labor, 4/8/93 Senate zero fiscal notes (2), Dept. of Community & Regional Affairs, 4/8/93 SB 57 was referred to the Rules Committee for placement on the calendar. SB 156 The Finance Committee has considered: SENATE BILL NO. 156 "An Act amending the definition of `municipality' for purposes of the human services community matching grant program." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: 1993-04-23 House Journal Page 1457 SB 156 Do pass (9): MacLean, Larson, Hanley, Parnell, Grussendorf, Hoffman, Therriault, Foster, Martin No recommendation (2): Navarre, Brown The following fiscal notes apply to SB 156: Senate zero fiscal note, Dept. of Health & Social Services, 3/24/93 Senate zero fiscal note, Dept. of Community & Regional Affairs, 3/24/93 SB 156 was referred to the Rules Committee for placement on the calendar. SB 162 The Finance Committee has considered: CS FOR SENATE BILL NO. 162(FIN) "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." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Larson, Foster No recommendation (7): Hanley, Martin, Parnell, Grussendorf, Hoffman, Brown, Therriault The following fiscal note applies to CSSB 162(FIN): Senate zero fiscal note, Dept. of Labor, 3/12/93 1993-04-23 House Journal Page 1458 SB 162 CSSB 162(FIN) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The O'Malley E.A.R.T.H. Club Representative Green Honoring - Shannon Thompson, 1992 Youth of the Year, Boys & Girls Clubs of Greater Anchorage By Representatives Kott, Willis; Senators Phillips, Halford Honoring - David Winter, L.D. Elwell Award Winner By Representative Larson Honoring - Carr Gottstein Foods Company for its Support of the Teen Pregnancy Prevention Program By Senator Pearce Honoring - William R. Lester, Principal, Eagle River Elementary School By Senator Halford In Memoriam - Frederick Charles "Nassunuluk" Bradley By Representative Foster; Senator Adams In Memoriam - Lawrence R. "Curley" Ashfield By Representative Navarre; Senators Salo, Little INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 22 HOUSE CONCURRENT RESOLUTION NO. 22 by Representative Nordlund: 1993-04-23 House Journal Page 1459 HCR 22 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 76, relating to charitable gaming. was read the first time and referred to the Rules Committee. HJR 42 HOUSE JOINT RESOLUTION NO. 42 by Representative Davidson: Opposing Individual Fishery Quota management systems for the Alaska halibut and sablefish fisheries and other Alaska fisheries. was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 292 HOUSE BILL NO. 292 by the House Labor & Commerce Committee, entitled: "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49 and 68; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 293 HOUSE BILL NO. 293 by Representatives Parnell, Brice, Toohey and Navarre, entitled: "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault." was read the first time and referred to the Rules Committee. HB 294 HOUSE BILL NO. 294 by Representatives Parnell, Toohey and Navarre, entitled: 1993-04-23 House Journal Page 1460 HB 294 "An Act extending the termination date of the Board of Pharmacy." was read the first time and referred to the Rules Committee. The presence of Representative Navarre was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 81 The following was read the second time: HOUSE BILL NO. 81 "An Act relating to the longevity bonus program." with the: Journal Page -2 FNS (ADM) 1/22/93 130 GOVERNOR'S TRANSMITTAL LETTER 130 STA RPT CS(STA) NEW TITLE 4DP 3NR 609 -FISCAL NOTE (ADM) 3/12/93 610 -ZERO FISCAL NOTE (ADM) 3/12/93 610 JUD RPT CS(STA) NEW TITLE 1DP 1DNP 5NR 892 -PREVIOUS FN (ADM) 3/12/93 892 -PREVIOUS ZERO FN (ADM) 3/12/93 892 FIN RPT CS(FIN) 5DP 1DNP 5NR 1426 -3 FISCAL NOTES (ADM,ADM,DHSS) 4/22/93 1427 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. 81(FIN) (same title) There being no objection, it was so ordered. 1993-04-23 House Journal Page 1461 HB 81 Amendment No. 1 was offered by Representative Phillips: Page 1, line 8: After "person's" Insert "original" After "application" Insert "for qualification" Page 1, line 10: After "person's" Insert "original" After "application" Insert "for qualification" Page 1, line 12: After "person's" Insert "original" After "application" Insert "for qualification" Representative Phillips moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Willis, Carney and Brice: Page 1, line 1, through page 3, line 4 (title amendment): Delete all material and insert: ""An Act amending and making effective an annuity program and amendments to the longevity bonus program and the permanent fund dividend program provided for in secs. 2 - 18, ch. 99, SLA 1985; and providing for an effective date." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 43.23.005(d), as enacted by sec. 3, ch. 99, SLA 1985, is amended to read: (d) A person who is eligible to receive a permanent fund divi- dend under this section, or who is authorized to claim a dividend on behalf of another under (c) of this section, may elect to receive 1993-04-23 House Journal Page 1462 HB 81 the dividend either in cash or as an annuity credit. Alternatively, a person may elect to receive 25 percent, 50 percent, or 75 percent of the dividend in cash and the remainder as an annuity credit. A person who is 65 years of age on or before January1, 1995, [1988] may only receive the permanent fund dividend in cash and may not elect to receive an annuity credit. * Sec. 2. AS43.23.110(a), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (a) The annuity investment fund is established as a separate fund in the state treasury. The annuity investment fund consists of money transferred from the dividend fund, cash contributions under AS43.23.125, and income earned by the annuity investment fund. Notwithstanding AS37.13.145, an amount equal to the permanent fund dividends taken as annuity credits under this chapter shall be annually transferred from the dividend fund to the annuity investment fund. * Sec. 3. AS 43.23.110(b), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (b) Money in the annuity investment fund shall be invested under AS37.10.071 by the commissioner of revenue [IN INVESTMENTS AUTHORIZED UNDER AS39.35.110]. The commissioner of administration shall credit the net income of the annuity investment fund to the individual annuity accounts and the annuity reserve account. * Sec. 4. AS43.23 is amended by adding a new section to read: Sec. 43.23.125. CASH CONTRIBUTIONS. An individual who is eligible to receive the permanent fund dividend as an annuity credit under AS43.23.005(d) but does not elect to do so or who elects to receive only a portion of the permanent fund dividend as an annuity credit may make a cash contribution to that individual's annuity account. The cash contribution for a dividend year must be received by the Department of Administration before September30 of the year following that dividend year. The total amount of the annuity credit and the cash contributions to an annuity account for a year may not exceed the amount of the permanent fund dividend for that year. * Sec. 5. AS43.23.130(a), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (a) An individual with one or more annuity credits or cash contributions under AS43.23.125 may receive an annuity upon reaching the age of 65. 1993-04-23 House Journal Page 1463 HB 81 * Sec. 6. AS 43.23.130(b), as enacted by sec. 16, ch. 99, SLA 1985, is amended to read: (b) An annuity under this section is a monthly payment based upon the principal and accrued interest in the person's annuity ac- count. Upon appointment to receive an annuity, the account balance shall be transferred to the annuity reserve account. The [AN] annuity shall be paid from the annuity reserve account as a straight life annuity or other payment plan authorized by the commissioner of administration [THE DEPARTMENT OF ADMINISTRATION]. The size of the annuity may not vary on account of the individual's sex. * Sec. 7. AS 43.23.130(e), as enacted by sec. 16, ch. 99, SLA 1985, is repealed and reenacted to read: (e) If a person elects to credit a permanent fund dividend or make a cash contribution to an annuity account and dies before age 65, a lump sum payment shall be made to that person's designated beneficiary or beneficiaries. The lump sum payment includes all dividends or cash contributions credited to the person's annuity account and interest earned on the account. A person may change or revoke a designation without notice to the beneficiary or beneficiaries at any time. If a person designates more than one beneficiary, each shares equally unless the person specifies a different allocation or preference. The designation, change, or revocation of beneficiary shall be made on a form provided by the commissioner of administration and is not effective until it is filed with the commissioner. If there is no beneficiary designated or surviving, the lump sum payment shall be paid to the (1) surviving spouse; (2) if there is no surviving spouse, in equal parts to the surviving children including adopted children; (3) if there is no surviving spouse or child, in equal parts to the surviving parents; or (4) if there is no surviving spouse, child, or parent, to the estate of the deceased. * Sec. 8. AS43.23 is amended by adding a new section to read: Sec. 43.23.135. EMERGENCY WITHDRAWALS. An individual may make a withdrawal from that individual's annuity account before reaching the age of 65 if the individual establishes to the satisfaction of the commissioner of administration that the withdrawal is necessary to meet an unforeseeable emergency. The 1993-04-23 House Journal Page 1464 HB 81 amount withdrawn may not exceed the total amount in the individual's annuity account or the amount actually necessary to meet the emergency, whichever is less. The commissioner shall define the term "unforeseeable emergency" by regulation. An individual may only make one withdrawal under this section and may pay it back with interest under terms established by the commissioner. An individual who has made a withdrawal under this section may not elect to credit a dividend or make a cash contribution to an annuity account for two years after the withdrawal. * Sec. 9. AS47.45.015, as enacted by sec. 18, ch. 99, SLA 1985, is amended to read: Sec.47.45.015. AMOUNT OF BONUS. (a) Except as provided in (b) of this section, the monthly longevity bonus is equal to $250, minus the maximum possible straight life annuity [FOR A PERSON 65 YEARS OF AGE] under the annuity program (AS43.23.110- 43.23.130), as determined by the commissioner of administration. The maximum possible straight life annuity equals the amount a person would receive if that person became 65 on January2, 1995, and contributed 100 percent of all permanent fund dividends or the cash equivalency to the annuity program for every year after December31, 1993. However, for purposes of this section the maximum possible straight life annuity may not exceed the amount that a person turning 65 in the current year would receive if that person had contributed 100 percent of all permanent fund dividends or the cash equivalency to the annuity program for every year after December31, 1994. (b) A person who is 65years of age on or before January1, 1995 [1988], is entitled to the full longevity bonus payment without reduction for the annuity program. * Sec. 10. AS43.23.110(c), as enacted by sec. 16, ch. 99, SLA 1985, and sec.1, ch. 99, SLA 1985, are repealed. * Sec. 11. Chapter 99, SLA 1985, and secs. 1- 10 of this Act apply only to permanent fund dividends for years beginning after December31, 1993. Notwithstanding the amendments to AS43.23 made by ch. 99, SLA 1985, and this Act, permanent fund dividends for 1993 and prior years shall be made under the law as it existed before the effective date of this Act. * Sec. 12. Nothing in this Act repeals or amends by implication amendments to AS43.23 or AS47.45 enacted after 1985. 1993-04-23 House Journal Page 1465 HB 81 * Sec.13. This Act takes effect immediately under AS01.10.070(c)." Representative Willis moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Bunde objected. Representatives Willis and Carney moved and asked unanimous consent that they be allowed to abstain from voting on CSHB 81(FIN) am due to a conflict of interest. Objections were heard, and the members were required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 81(FIN) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brown, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representatives Willis, Carney and Brice: Page 1, line 7: Delete "1995" Insert "1999" 1993-04-23 House Journal Page 1466 HB 81 After "bonus": Insert "of" Page 1, line 8: Delete "of $225" Insert "$250" Page 1, line 10: Delete "of $150" Insert "$225" Page 1, line 11: Delete "or" Page 1, line 12: Delete "of $100" Insert "$200" Page 1, line 13: Delete "[$250]" Insert "; (4) $175, if the person's application was submitted on or after January1, 1996, but before January1, 1997; (5) $150, if the person's application was submitted on or after January1, 1997, but before January1, 1998; (6) $125, if the person's application was submitted on or after January1, 1998, but before January1, 1999; (7) $100, if the person's application was submitted on or after January1, 1999, but before January1, 2000." Page 2, line 4: Delete "1996" Insert "2000" Page 2, line 26: Delete "1996" Insert "2000" Page 2, line 30: Delete "1996" Insert "2000" 1993-04-23 House Journal Page 1467 HB 81 Page 3, line 1: Delete "(3)" Insert "(7)" Representative Willis moved and asked unanimous consent that Amendment No. 3 be adopted. Objection was heard. Representatives Hudson and Martin moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest. Objections were heard, and the members were required to vote. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 81(FIN) am Second Reading Amendment No. 3 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Davies: Page 1, line 1, after "program" (title amendment): Insert "; and providing for an effective date" Page 1, line 4, through page 3, line 4: Delete all material. 1993-04-23 House Journal Page 1468 HB 81 Insert "(a) A person who is 65 years of age or over [,] who resides in the state for at least one year immediately preceding application for a longevity bonus under this chapter [,] may apply to the commissioner of administration for qualification to receive a monthly bonus of $250 if, based upon the federal income tax return filed by the person, the person's adjusted gross income for the prior year did not exceed (1) $30,000 for a single return; or (2) $50,000 for a joint return. * Sec. 2. This Act takes effect July1, 1994." Representative Davies moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 81(FIN) am Second Reading Amendment No. 4 YEAS: 11 NAYS: 27 EXCUSED: 0 ABSENT: 2 Yeas: Carney, Davidson, Davies, Finkelstein, Hoffman, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Grussendorf, MacLean B.Davis changed from "Yea" to "Nay". And so, Amendment No. 4 was not adopted. 1993-04-23 House Journal Page 1469 HB 81 Amendment No. 5 was offered by Representative Davies: Page 1, line 1, after "program": Insert "; and providing for an effective date" Page 1, line 4, through page 3, line 4: Delete all material. Insert "(a) A person who is 65 years of age or over [,] who resides in the state for at least one year immediately preceding application for a longevity bonus under this chapter [,] may apply to the commissioner of administration for qualification to receive a monthly bonus of $250 if, based upon the federal income tax return filed by the person, the person's adjusted gross income for the prior year did not exceed (1) $30,000 for a single return; or (2) $50,000 for a joint return. * Sec. 2. This Act takes effect July1, 1994." Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 81(FIN) am Second Reading Amendment No. 5 YEAS: 12 NAYS: 24 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Hoffman, Menard, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams 1993-04-23 House Journal Page 1470 HB 81 Absent: Bunde, Finkelstein, Grussendorf, Olberg And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Nordlund: Page 1, line 8: Delete "225" Insert "250" Representative Nordlund moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Phillips objected. Representative Phillips rose to a point of order stating the amendment was out of order. The Speaker stated the point was well taken but allowed the amendment. Representative Phillips placed a call of the House and lifted the call. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 81(FIN) am Second Reading Amendment No. 6 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1993-04-23 House Journal Page 1471 HB 81 Absent: G.Davis, Hoffman And so, Amendment No. 6 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 81(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Willis objected. The Speaker stated that CSHB 81(FIN) am would be in third reading on the April 24, 1993, calendar. HB 283 The following was read the second time: HOUSE BILL NO. 283 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." with the: Journal Page L&C REFERRAL WAIVED 1383 RLS RPT 7DP 1454 -ZERO FISCAL NOTE (H.RUL/ALL DEPTS) 4/23 1454 Representative Phillips moved and asked unanimous consent that HB 283 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 283 was read the third time. The question being: "Shall HB 283 pass the House?" The roll was taken with the following result: HB 283 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 1993-04-23 House Journal Page 1472 HB 283 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Absent: Hoffman, Moses, Williams And so, HB 283 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 283 was referred to the Chief Clerk for engrossment. HB 284 The following was read the second time: HOUSE BILL NO. 284 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." with the: Journal Page L&C REFERRAL WAIVED 1383 RLS RPT 7 DP 1455 -ZERO FISCAL NOTE (H.RUL/ALL DEPTS) 4/23 1455 Representative Phillips moved and asked unanimous consent that HB 284 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 284 was read the third time. Representative Navarre moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objections were heard and Representative Navarre was required to vote. 1993-04-23 House Journal Page 1473 HB 284 The question being: "Shall HB 284 pass the House?" The roll was taken with the following result: HB 284 Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Olberg, Sitton Absent: Hoffman, Moses, Williams And so, HB 284 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 284 was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 85 The following was read the second time: CS FOR SENATE BILL NO. 85(FIN) am "An Act deleting a requirement that certain members of the board of directors of the Alaska Tourism Marketing Council be substantially involved in a visitor or recreation industry business; relating to the selection of a presiding officer for the Alaska Tourism Marketing Council; requiring that the council's tourism marketing program include promotion of the state as a destination 1993-04-23 House Journal Page 1474 SB 85 and promotion of all forms of travel to the state, including travel by air, highway, and water; extending the termination date of the Alaska Tourism Marketing Council; requiring the council to consider methods to fund tourism marketing using both public and private assets and to consider methods to provide for the financial self-sufficiency of the council; and providing for an effective date." with the: Journal Page STA RPT 7DP 1352 -SENATE ZERO FN (DCED) 4/6/93 1352 FIN REFERRAL WAIVED 1419 Representative Phillips moved and asked unanimous consent that CSSB 85(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 85(FIN) am was read the third time. The question being: "Shall CSSB 85(FIN) am pass the House?" The roll was taken with the following result: CSSB 85(FIN) am Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: James And so, CSSB 85(FIN) am passed the House. 1993-04-23 House Journal Page 1475 SB 85 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 Navarre gave notice of reconsideration of his vote on CSSB 85(FIN) am. SB 86 The following was read the second time: SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date." with the: Journal Page L&C RPT 2DP 5NR 1202 -2 SENATE ZERO FNS (DCED, LAW) 3/3/93 1202 JUD RPT 4DP 1352 -2 SENATE ZERO FNS (DCED, LAW) 3/3/93 1353 Representative Phillips moved and asked unanimous consent that SB 86 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 86 was read the third time. The question being: "Shall SB 86 pass the House?" The roll was taken with the following result: SB 86 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1993-04-23 House Journal Page 1476 SB 86 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, 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: Hoffman And so, SB 86 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. 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. Representative Navarre gave notice of reconsideration of his vote on SB 86. SB 112 The following was read the second time: CS FOR SENATE BILL NO. 112(JUD) "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." with the: Journal Page L&C RPT 2DP 5NR 1203 -2 SEN ZERO FNS (LAW, DCED) 3/5/93 1203 -SEN ZERO FN (DNR) 3/22/93 1203 JUD RPT 4DP 1353 -2 SENATE ZERO FNS (LAW, DCED) 3/5/93 1353 -SENATE ZERO FN (DNR) 3/22/93 1353 1993-04-23 House Journal Page 1477 SB 112 Representative Phillips moved and asked unanimous consent that CSSB 112(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 112(JUD) was read the third time. The question being: "Shall CSSB 112(JUD) pass the House?" The roll was taken with the following result: CSSB 112(JUD) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, CSSB 112(JUD) 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 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 Navarre gave notice of reconsideration of his vote on CSSB 112(JUD). THIRD READING OF HOUSE BILLS HB 167 The following, which was advanced to third reading from the April 22, 1993, calendar (page 1440), was read the third time: 1993-04-23 House Journal Page 1478 HB 167 CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." The question being: "Shall CSHB 167(FIN) pass the House?" The roll was taken with the following result: CSHB 167(FIN) Third Reading Final Passage YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Davidson, 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, Toohey, Ulmer, Williams, Willis Nays: Brice, Carney, Hoffman, Sitton, Therriault, Vezey And so, CSHB 167(FIN) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. CSHB 167(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 19 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas. 1993-04-23 House Journal Page 1479 HCR 19 with the: Journal Page O&G RPT 5DP 1429 -ZERO FISCAL NOTE (LAA) 4/22/93 1430 The question being: "Shall HCR 19 pass the House?" The roll was taken with the following result: HCR 19 Second Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davidson, Navarre And so, HCR 19 passed the House. Representative Navarre gave notice of reconsideration of his vote on HCR 19. 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 - Borough and Local Governments By Representatives Phillips, Brice, Davies, B.Davis, G.Davis, Grussendorf, Hanley, Hoffman, James, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Porter, Ulmer, Willis 1993-04-23 House Journal Page 1480 Honoring - Emergency Response Teams, China Eastern Airlines Incident By Representatives Toohey, Bunde, B.Davis, Green, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Ulmer, Willis; Senator Leman Honoring - Eliza Jones By Representatives Nicholia, Brice, B.Davis, Hoffman, James, Mackie, MacLean, Menard; Senator Lincoln Honoring - National Volunteer Week, April 18-24, 1993 By Senator Leman; Representatives Brice, Davies, Green, Grussendorf, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Toohey, Ulmer, Willis In Memoriam - Sarah J. Johns Hanbury By Representatives Grussendorf, Williams, Foster, Hoffman, Mackie, Menard, Nicholia; Senator Taylor In Memoriam - Roxy Oyagak, Sr. By Representatives MacLean, Foster, Hoffman, Mackie, Menard, Nicholia; Senator Adams In Memoriam - Colonel William Olmstead Eareckson By Senator Taylor; Representatives Foster, Hanley, Hoffman, James, Mackie, Menard, Mulder, Nicholia, Phillips, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member(s) be excused from a call of the House as noted: Representative Hoffman - from 4:00 p.m., April 23 to morning plane time, April 26, 1993. There being no objection, it was so ordered. 1993-04-23 House Journal Page 1481 HCR 19 Representative Menard added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas. HCR 21 Representative Bunde added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 21 Relating to the correction of misinformation about Alaska. HB 167 Representative Brown added her name as cosponsor to: CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." HB 195 Representative Nordlund added his name as cosponsor to: 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." ENGROSSMENT HB 167 CSHB 167(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-04-23 House Journal Page 1482 HB 283 HB 283 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 284 HB 284 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. State Affairs Committee SB 129 - continuation Capitol 102 after adj., 4/23 Majority Caucus 4:00 p.m., 4/23 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 24, 1993. There being no objection, the House adjourned at 12:26 p.m. J.C. Shine Chief Clerk