Legislature(1993 - 1994)
1993-05-07 House Journal
Full Journal pdf1993-05-07 House Journal Page 1679 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday May 7, 1993 One Hundred Seventeenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:58 a.m. Roll call showed 37 members present. Representatives Hoffman, Martin and Ulmer were absent. The invocation was offered by the Chaplain, Major Ray Gilman of the Salvation Army Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our Gracious Loving Father, We come into Your presence this day with praise upon our lips, and gratitude in our hearts for all that You have done for us and for what You are doing. Thank You! How grateful we are that You are available to us at anytime, not only when we find ourselves in a crisis, but to share in our victories and the everyday events of our lives. May we never forget that You are ever present. We pray for the representatives of the people who are feeling the stress and strain as they handle the business of the state, may they find comfort in knowing that what is done for others does not go unrecognized in Your sight. We do not labor just to please man, for that is a shallow sense of accomplishment and leaves a void. We trust that that which has been accomplished here during this years' session will have a positive impact on our land. 1 1993-05-07 House Journal Page 1680 Father, may these leaders ever be kept aware of the need to be consistent in what they say with how they live. Our state and our country needs men and women who can and will set unblemished examples of patriotism in the truest form. If the problems that run rampant in our country are ever going to be solved, we must not only establish laws, but also change life styles and thinking which fuel cancerous growth. May it start with us. Now may Your grace fill us. May Your peace flood the hearts and minds of every person in this building. May Your love radiate through us. Keep us ever aware of the needs of the people around us and instill in us the desire to respond. For this and more we ask in Your Holy Name. Amen." The Pledge of Allegiance was led by Representative MacLean. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 116th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 106 A message dated May 7, 1993, was read stating the Senate requests that the House return the following: CS FOR SENATE BILL NO. 106(FIN) "An Act establishing the energy authority revolving fund; repealing the rural electrification revolving loan fund and the bulk fuel revolving loan fund; relating to procurements for certain transmission lines; authorizing power transmission interties between Anchorage and the Kenai Peninsula, between Healy and Fairbanks, between the Swan Lake and Tyee Lake hydroelectric projects, and between Sutton and Glennallen and approving the design and construction costs of the interties; and providing for an effective date." 1993-05-07 House Journal Page 1681 SB 106 The Speaker instructed the Chief Clerk to return CSSB 106(FIN) to the Senate. And so, CSSB 106(FIN) was removed from the House Special Committee on Military and Veterans' Affairs and sent to the Senate. SB 126 A message dated May 7, 1993, was read stating the Senate requests that the House return the following: CS FOR SENATE BILL NO. 126(RLS) "An Act making special appropriations to fund the energy authority revolving fund; making special appropriations for design and construction of power transmission interties between Anchorage and the Kenai Peninsula, between Healy and Fairbanks, between the Swan Lake and Tyee Lake hydroelectric projects, and between Sutton and Glennallen; making special appropriations for energy project assistance, repair, improvements, acquisition, and development and for renewal and replacement funds at facilities owned by the Alaska Energy Authority; and providing for an effective date." The Speaker instructed the Chief Clerk to return CSSB 126(RLS) to the Senate. And so, CSSB 126(RLS) was removed from the House Special Committee on Military & Veterans' Affairs and sent to the Senate. ***The presence of Representative Martin was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Earle Walker By Representative Hanley Honoring - Mary Armantrout By Senator Lincoln; Representative Olberg 1993-05-07 House Journal Page 1682 Honoring - Elwood Atoruk By Senator Adams; Representative MacLean Honoring - Edwin Booth By Senator Adams; Representative MacLean Honoring - Isaac Douglas By Senator Adams; Representative MacLean Honoring - Stephen Jacquier By Senator Lincoln; Representative Nicholia Honoring - Frank Wells By Senator Adams; Representative MacLean INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 303 HOUSE BILL NO. 303 by Representative Moses, entitled: "An Act relating to the Alaska commercial fisheries development endowment; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries, Resources, State Affairs, Judiciary and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 91 The following was read the second time: 1993-05-07 House Journal Page 1683 SB 91 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." with the: Journal Page FIN RPT 7DP 4NR 1662 -3 SENATE FNS (DHSS) 3/22/93 1662 Representative Phillips moved and asked unanimous consent that CSSSSB 91(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSSB 91(HES) was read the third time. ***The presence of Representative Ulmer was noted. The question being: "Shall CSSSSB 91(HES) pass the House?" The roll was taken with the following result: CSSSSB 91(HES) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 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, Williams, Willis Absent: Hoffman, Moses And so, CSSSSB 91(HES) passed the House. 1993-05-07 House Journal Page 1684 SB 91 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. CSSSSB 91(HES) was signed by the Speaker and Chief Clerk and returned to the Senate. SB 97 The following was read the second time: CS FOR SENATE BILL NO. 97(FIN) am "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 3DP 6NR 1527 -SENATE ZERO FN (DCED) 2/24/93 1528 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 5, line 14, after "from": Insert "tort" Page 5, line 18, after "damages": Insert "in a tort action" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. 1993-05-07 House Journal Page 1685 SB 97 Representative Porter objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Brown: Page 3, line 21: Delete "50" Insert "25" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 97(FIN) am H Second Reading Amendment No. 2 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Mackie, Martin, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Hoffman, Moses And so, Amendment No. 2 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 97(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 97(FIN) am H was read the third time. 1993-05-07 House Journal Page 1686 SB 97 The question being: "Shall HCS CSSB 97(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 97(FIN) am H Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brown, Davidson, Finkelstein, Green, Kott, Parnell, Vezey Absent: Hoffman, Moses And so, HCS CSSB 97(FIN) am H 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 Brown gave notice of reconsideration of her vote on HCS CSSB 97(FIN) am H. SB 145 The following was read the second time: CS FOR SENATE BILL NO. 145(STA) am "An Act establishing the position of state medical examiner; and relating to preparation of death certificates." with the: Journal Page FIN RPT 8DP 1NR 1554 -SENATE FN (DHSS) 4/20/93 1555 -2 SENATE ZERO FNS (COURT, DPS) 4/7/93 1555 1993-05-07 House Journal Page 1687 SB 145 Representative Phillips moved and asked unanimous consent that CSSB 145(STA) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 145(STA) am was read the third time. The question being: "Shall CSSB 145(STA) am pass the House?" The roll was taken with the following result: CSSB 145(STA) am Third Reading Final Passage YEAS: 35 NAYS: 3 EXCUSED: 0 ABSENT: 2 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, Therriault, Ulmer, Williams, Willis Nays: Sitton, Toohey, Vezey Absent: Hoffman, Moses And so, CSSB 145(STA) am passed the House, was signed by the Speaker and Chief Clerk and returned to the Senate. SB 198 The following was read the second time: SENATE BILL NO. 198 "An Act exempting certain activities of the Department of Transportation and Public Facilities from the regulation provisions of the Administrative Procedure Act and allowing other procedures for those activities; and providing for an effective date." 1993-05-07 House Journal Page 1688 SB 198 with the: Journal Page FIN RPT 3DP 8NR 1663 -SENATE ZERO FN (DOT) 4/18/93 1664 The Speaker stated that, without objection, SB 198 would be moved to the bottom of the calendar. 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 - Suzanne L. Henning By Representatives Nicholia, Brice, B.Davis, Mackie, Menard, Navarre, Toohey, Willis; Senator Lincoln Honoring - Ronald D. Kinman, Broken Wing Award By Senator Sharp; Representatives Brice, B.Davis, Menard, Navarre, Nicholia, Toohey, Vezey, Willis In Memoriam - Lillian J. Hakkinen By Representatives Navarre, B.Davis, G.Davis, Mackie, Menard, Nicholia, Phillips, Toohey, Willis; Senators Leman, Salo, Little In Memoriam - Tom Besh By Senator Leman; Representatives Bunde, Martin, Davies, B.Davis, Hanley, Larson, Menard, Mulder, Navarre, Nicholia, Toohey, Willis UNFINISHED BUSINESS HB 213 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1657) on the following at this time: 1993-05-07 House Journal Page 1689 HB 213 CS FOR HOUSE BILL NO. 213(RES)(title am) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 213(RES)(efd fld) "An Act prohibiting the commissioner of natural resources from permanently classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 contiguous acres except in certain situations." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 213(RES)(title am), thus adopting SCS CSHB 213(RES)(efd fld), and recommended that the members vote yes. The Speaker placed a call of the House and lifted the call. Representative Davies placed a call of the House and lifted the call. The question being: "Shall the House concur in the Senate amendment to CSHB 213(RES)(title am)?" The roll was taken with the following result: SCS CSHB 213(RES)(efd fld) Concur YEAS: 33 NAYS: 6 EXCUSED: 0 ABSENT: 1 1993-05-07 House Journal Page 1690 HB 213 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davidson, Davies, Finkelstein, Nicholia, Nordlund Absent: Hoffman And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 213(RES)(efd fld). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 213(RES)(efd fld) was referred to the Chief Clerk for enrollment. HB 167 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1657) on the following at this time: 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 167(JUD) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 167(FIN), thus adopting SCS CSHB 167(JUD) am S, and recommended that the members vote yes. 1993-05-07 House Journal Page 1691 HB 167 The question being: "Shall the House concur in the Senate amendment to CSHB 167(FIN)?" The roll was taken with the following result: SCS CSHB 167(JUD) am S Concur YEAS: 33 NAYS: 6 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, 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, Toohey, Williams, Willis Nays: Brice, Davidson, Sitton, Therriault, Ulmer, Vezey Absent: Hoffman And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 167(JUD) am S. 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 167(JUD) am S was referred to the Chief Clerk for enrollment. SB 100 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1659) on the following at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 100(FIN) am H "An Act making supplemental and special appropriations for the expenses of state government; making, amending, and repealing capital and operating appropriations; and providing for an effective date." 1993-05-07 House Journal Page 1692 SB 100 and CS FOR SENATE BILL NO. 100(FIN) am (same title) There being no objection, it was so ordered. Representative Phillips moved that the House recede from its amendment to CSSB 100(FIN) am, namely HCS CSSB 100(FIN) am H, and recommended that the members vote no. The question being: "Shall the House recede from its amendment to HCS CSSB 100(FIN) am H?" The roll was taken with the following result: HCS CSSB 100(FIN) am H Recede from House Amendment YEAS: 0 NAYS: 37 EXCUSED: 0 ABSENT: 3 Nays: 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, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Hoffman, Navarre, Parnell And so, the House failed to recede from its amendment and the Chief Clerk was instructed to so notify the Senate. HCS CSSB 100(FIN) am H was returned to the Senate. CONSIDERATION OF THE DAILY CALENDAR (continued) SB 198 Representative Phillips moved and asked unanimous consent that the following, which was moved to the bottom of the calendar (page 1688), be held in second reading for the May 8, 1993, calendar. There being no objection, it was so ordered. 1993-05-07 House Journal Page 1693 ANNOUNCEMENTS Majority Caucus 2:30 pm, 5/6 The Speaker stated that the House would recess until 5:00 p.m., at which time a technical session would be held. And so, the House recessed at 1:24 p.m. AFTER RECESS The House was called back to order at 5:00 p.m. The Speaker stated that the House would stand in recess until 7:00 p.m., and so, the House recessed at 5:01 p.m. AFTER RECESS The House was called back to order at 7:18 p.m. The following members were present for the technical session: Representative Barnes Representative Phillips Representative Ulmer Representative Toohey The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated May 7, 1993, was read stating the Senate has passed the following and they are transmitted for consideration: 1993-05-07 House Journal Page 1694 FIRST READING AND REFERENCE OF SENATE BILLS SB 106 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 106(FIN) am(efd fld) by Senators Sharp, Taylor, Miller, Pearce and Frank, entitled: "An Act transferring certain projects of and amending and transferring programs of the Alaska Energy Authority to the Department of Community and Regional Affairs; relating to the Alaska Energy Authority; permitting the Alaska Industrial Development and Export Authority to issue revenue bonds for certain plants or facilities for energy resources; permitting utilities to form joint action agencies; authorizing the Alaska Industrial Development and Export Authority to issue revenue bonds for power transmission interties; relating to rates for a public utility that sends or receives power over certain power transmission interties; relating to the power cost equalization and capital improvement fund; amending the purpose of the Railbelt energy fund." was read the first time and referred to the Finance Committee. SB 126 CS FOR SENATE BILL NO. 126(RLS) am(efd fld) by Senators Sharp, Taylor, Miller, Pearce and Frank, entitled: "An Act making appropriations for grants and loans for hydroelectric projects including power transmission interties, to capitalize certain funds for energy grant and loan programs in the state, including the power cost equalization and rural electric capitalization fund, to the Department of Community and Regional Affairs for operating costs related to power projects and programs and to capitalize the Railbelt energy fund." was read the first time and referred to the Finance Committee. 1993-05-07 House Journal Page 1695 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jeremiah Kero, 1993 National Geography Bee Winner By Representative Mackie; Senator Zharoff In Memoriam - Tilly Reeve By Representatives Toohey, Phillips UNFINISHED BUSINESS HB 252 Representative Nordlund added his name as cosponsor to: HOUSE BILL NO. 252 "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." HB 301 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 301 "An Act prohibiting the sale of certain studded tires or the sale of certain studs to be installed in tires; and providing for an effective date." SB 51 Representative Kott added his name as cross sponsor to: SENATE BILL NO. 51 "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." 1993-05-07 House Journal Page 1696 ENROLLMENT HJR 41 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 8:35 a.m., May 7, 1993: HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council. ANNOUNCEMENTS Finance Committee 8:30 a.m., 5/7 SB 106 and SB 126 added earlier, pending referral. Remaining agenda published under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 2:00 p.m., May 8, 1993. There being no objection, the House adjourned at 7:21 p.m. J.C. Shine Chief Clerk