Legislature(1993 - 1994)
1993-05-11 House Journal
Full Journal pdf1993-05-11 House Journal Page 1881 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday May 11, 1993 One Hundred Twenty-First Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:41 p.m. Roll call showed 37 members present. Representatives Davidson, MacLean and Navarre were absent. The invocation was offered by the designated Chaplain, Representative Green. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Let us pray, Almighty and everlasting God. We thank You for this gorgeous day You have provided for us to end our deliberations begun so many months ago in the cold of January. As we gathered Lord, we were individual minds with individual agendas. Now we have come this long road. Lord, at times we have had differences of opinion; at times anger has flared. But I think all of us, individually, were acting collectively for the best of the people of the state of Alaska. Lord, I would like to end this prayer with the words of a former great president of this country, Abraham Lincoln. He said, 'with malice toward none, with charity for all, with firmness in the right as God gives us the right to see the right, let us strive on to finish the work we are about.' In Jesus' precious name, Amen." 1 1993-05-11 House Journal Page 1882 The Pledge of Allegiance was led by Representative Brown. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 120th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 124 A message dated May 11, 1993, was read stating the Senate requests the return of the following: SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date." The Speaker instructed the Chief Clerk to return SCS CSHB 124(FIN) to the Senate. HJR 27 A message dated May 10, 1993, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 27 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. HJR 27 was referred to the Chief Clerk for enrollment. HB 116 A message dated May 10, 1993, was read stating the Senate has passed: 1993-05-11 House Journal Page 1883 HB 116 CS FOR HOUSE BILL NO. 116(FIN)(title am) "An Act amending the manner of determining the royalty received by the state on gas production, and directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." A Senate Letter of Intent was attached (page 2056 of the Senate Journal). CSHB 116(FIN)(title am) was referred to the Chief Clerk for enrollment. HB 136 A message dated May 10, 1993, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 136(FIN) "An Act relating to revocation of and limitations on a driver's license; to the offenses of driving while intoxicated and refusal to submit to a breath test; imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); and providing for an effective date." CSHB 136(FIN) was referred to the Chief Clerk for enrollment. HB 283 A message dated May 10, 1993, was read stating the Senate has passed: 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." HB 283 was referred to the Chief Clerk for enrollment. 1993-05-11 House Journal Page 1884 HB 284 A message dated May 10, 1993, was read stating the Senate has passed: 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." HB 284 was referred to the Chief Clerk for enrollment. HB 235 A message dated May 10, 1993, was read stating the Senate has passed CSHB 235(FIN) with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) "An Act relating to educational programs and services for children with disabilities and other exceptional children and to persons with a handicap; and providing for an effective date." CSHB 235(FIN) is under Unfinished Business. SB 106 A message dated May 10, 1993, was read stating the Senate has concurred in the House amendment to CSSB 106(FIN) am(efd fld), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 106(FIN) "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." 1993-05-11 House Journal Page 1885 SB 126 A message dated May 10, 1993, was read stating the Senate has concurred in the House amendment to CSSB 126(RLS) am(efd fld), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 126(FIN) "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." REPORTS OF STANDING COMMITTEES SB 165 The Finance Committee has considered: CS FOR SENATE BILL NO. 165(FIN) am "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." and recommends it be replaced with: HCS FOR CS FOR SENATE BILL NO. 165(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): MacLean, Larson, Hoffman, Martin, Foster No recommendation (6): Hanley, Parnell, Therriault, Grussendorf, Navarre, Brown CSSB 165(FIN) am is on today's calendar. 1993-05-11 House Journal Page 1886 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Ruth Anne Johnston, 1993 Alaska Mom of the Year By Senator Little Honoring - Dana Krumm, National Multiple Sclerosis Society's 1993 Alaska Mother of the Year By Senator Little In Memoriam - Rose Golik By Representative Toohey In Memoriam - Robert "Bob" Van Brocklin By Senator Lincoln RECONSIDERATION SB 99 Representative Phillips brought up reconsideration of the vote on HCS CSSB 99(FIN) am H (page 1843). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; 1993-05-11 House Journal Page 1887 SB 99 authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 99(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 99(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Davidson, G.Davis, Grussendorf, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Nordlund, Olberg, Phillips, Porter, Sanders, Toohey, Vezey, Williams Nays: Brice, Brown, Bunde, Carney, Davies, B.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Menard, Moses, Mulder, Navarre, Nicholia, Parnell, Sitton, Therriault, Ulmer, Willis Kott changed from "Nay" to "Yea". Grussendorf changed from "Nay" to "Yea". B.Davis changed from "Yea" to "Nay". Davidson changed from "Nay" to "Yea". Nicholia changed from "Yea" to "Nay". And so, HCS CSSB 99(FIN) am H failed to pass the House. SB 60 Representative Phillips brought up reconsideration of the vote on HCS CSSB 60(FIN) am H (page 1869). 1993-05-11 House Journal Page 1888 SB 60 The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 60(FIN) am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 60(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 60(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson Navarre changed from "Nay" to "Yea". And so, HCS CSSB 60(FIN) am H passed the House on reconsideration. 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. HCS CSSB 60(FIN) am H was referred to the Chief Clerk for engrossment. The Speaker placed a call of the House. 1993-05-11 House Journal Page 1889 SB 99 Representative Mackie moved and asked unanimous consent that the House rescind its action in failing to pass HCS CSSB 99(FIN) am H (page 1887). Objection was heard. The question being: "Shall the House rescind its action in failing to pass HCS CSSB 99(FIN) am H?" The roll was taken with the following result: HCS CSSB 99(FIN) am H--RECONSIDERATION Rescind Previous Action YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Grussendorf, Hoffman, Menard, Navarre, Sitton, Ulmer, Willis And so, the motion passed. The question to be reconsidered: "Shall HCS CSSB 99(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 99(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Grussendorf, Hoffman, Menard, Navarre, Sitton, Willis 1993-05-11 House Journal Page 1890 SB 99 Therriault changed from "Nay" to "Yea". Ulmer changed from "Nay" to "Yea". And so, HCS CSSB 99(FIN) am H passed the House on reconsideration. 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 change. There being no objection, it was so ordered. HCS CSSB 99(FIN) am H was referred to the Chief Clerk for engrossment. SB 142 Representative Phillips moved and asked unanimous consent that the reconsideration of the following which had been placed in the Chief Clerk's pending file (page 1819), be brought up at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." There being no objection, it was so ordered. The Speaker stated that, without objection, HCS CSSB 142(FIN) would be moved to the bottom of today's calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 183 The following was read the second time: 1993-05-11 House Journal Page 1891 SB 183 CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 6DP 2NR 1877 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. 183(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 183(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 183(FIN) was read the third time. The question being: "Shall HCS CSSB 183(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 183(FIN) Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams 1993-05-11 House Journal Page 1892 SB 183 Nays: Brice, Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Sitton, Therriault, Ulmer, Willis Willis changed from "Yea" to "Nay". Ulmer changed from "Yea" to "Nay". Therriault changed from "Yea" to "Nay". Hoffman changed from "Yea" to "Nay". Brice changed from "Yea" to "Nay". Grussendorf changed from "Yea" to "Nay". B.Davis changed from "Yea" to "Nay". And so, HCS CSSB 183(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. Representative Phillips moved and asked unanimous consent that the following letter of intent by Representatives Phillips and Barnes be adopted: House Letter of Intent for HCS CSSB 183(FIN) "It is the intent of the Legislature that $1,000,000 of the Exxon Valdez environmental criminal fine interest money be included in the FY 95 budget for the acquisition of weir sites important for fisheries on the Kodiak Archepeligo." There being no objection, it was so ordered. HCS CSSB 183(FIN) was referred to the Chief Clerk for engrossment. # end The Speaker stated the House would recess until 1:30 p.m. And so, the House recessed at 1:00 p.m. 1993-05-11 House Journal Page 1893 AFTER RECESS The House was called back to order at 2:01 p.m. SECOND READING OF SENATE BILLS (continued) SB 7 CSSB 7(FIN) am(reengrossed) was moved to the bottom of the calendar. SB 165 The following was read the second time: CS FOR SENATE BILL NO. 165(FIN) am "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 5DP 6NR 1885 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. 165(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was not offered. Representative Phillips moved and asked unanimous consent that HCS CSSB 165(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1993-05-11 House Journal Page 1894 SB 165 HCS CSSB 165(FIN) was read the third time. The question being: "Shall HCS CSSB 165(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 165(FIN) Third Reading Final Passage YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, 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 Nays: Davidson, Davies, Finkelstein, Hoffman, Willis And so, HCS CSSB 165(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. HCS CSSB 165(FIN) was referred to the Chief Clerk for engrossment. RECONSIDERATION SB 142 The following, which had been moved to the bottom of the calendar (page 1890), was brought up at this time: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." 1993-05-11 House Journal Page 1895 SB 142 Representative Martin moved and asked unanimous consent that HCS CSSB 142(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 by Representatives Martin and MacLean: Page 2, lines 2 and 7: Delete "regional development organization" Insert "ARDOR" Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Brown objected. Representative Davies rose to a point of order stating debate was straying from the motion. The Speaker stated the point was well taken and allowed the members to proceed with caution. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 142(FIN)--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Larson, MacLean, Martin, Nicholia, Phillips, Sanders, Vezey Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Mackie, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Porter, Sitton, Therriault, Toohey, Ulmer, Williams, Willis And so, Amendment No. 1 was not adopted. 1993-05-11 House Journal Page 1896 SB 142 Representatives Brown and Hoffman 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 to be reconsidered: "Shall HCS CSSB 142(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 142(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Larson, Mackie, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Barnes, James, Kott, MacLean, Martin, Menard, Sanders, Vezey Barnes changed from "Yea" to "Nay". And so, HCS CSSB 142(FIN) passed the House on reconsideration. 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. HCS CSSB 142(FIN) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 252 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1845) on the following at this time: 1993-05-11 House Journal Page 1897 HB 252 HOUSE BILL NO. 252 "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." and SENATE CS FOR HOUSE BILL NO. 252(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 252, thus adopting SCS HB 252(FIN) with the Senate Letter of Intent (page 2087 of the Senate Journal), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 252?" The roll was taken with the following result: SCS HB 252(FIN) Concur 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, the House concurred in the Senate amendment, thus adopting SCS HB 252(FIN). The Chief Clerk was instructed to so notify the Senate. SCS HB 252(FIN) was referred to the Chief Clerk for enrollment. 1993-05-11 House Journal Page 1898 HB 112 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1656) on the following at this time: HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date." and HOUSE BILL NO. 112 am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 112, thus adopting HB 112 am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 112?" The roll was taken with the following result: HB 112 am S Concur 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, the House concurred in the Senate amendment, thus adopting HB 112 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. 1993-05-11 House Journal Page 1899 HB 112 The Chief Clerk was instructed to so notify the Senate. HB 112 am S was referred to the Chief Clerk for enrollment. HB 55 Representative Phillips moved and asked unanimous consent that the House consider the Conference Committee with limited powers of free conference report on the following, which is under Unfinished Business (page 1833), at this time: CS FOR HOUSE BILL NO. 55(FIN) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 55(RLS) am S(efd fld S) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House adopt the Conference Committee with limited powers of free conference report, thus adopting CCS HB 55. The question being: "Shall the House adopt the Conference Committee with limited powers of free conference report?" The roll was taken with the following result: CCS HB 55 Adopt Conference Committee Report YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams 1993-05-11 House Journal Page 1900 HB 55 Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nordlund, Ulmer, Willis And so, the House adopted the Conference Committee with limited powers of free conference report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." Representative Phillips moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CCS HB 55 Effective Dates YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Carney, 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: Brice, Brown, Davidson, Davies, Menard And so, the effective date clauses were adopted. The Chief Clerk was instructed to so notify the Senate. CCS HB 55 was referred to the Chief Clerk for engrossment and enrollment. The Speaker stated that the House would recess until 3:15 p.m. And so, the House recessed at 2:46 p.m. 1993-05-11 House Journal Page 1901 AFTER RECESS The House was called back to order at 3:36 p.m. UNFINISHED BUSINESS HB 235 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1884) on the following at this time: CS FOR HOUSE BILL NO. 235(FIN) "An Act relating to educational programs and services for children with disabilities and other exceptional children and to persons with a handicap; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 235(HES) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 235(FIN), thus adopting SCS CSHB 235(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 235(FIN)?" The roll was taken with the following result: SCS CSHB 235(HES) Concur 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 1993-05-11 House Journal Page 1902 HB 235 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 235(HES). 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 235(HES) was referred to the Chief Clerk for enrollment. SECOND READING OF SENATE BILLS (continued) SB 7 The following which had been moved to the bottom of today's calendar (page 1893), was read the second time: CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date." with the: Journal Page STA REFERRAL WAIVED 1646 HES REFERRAL WAIVED 1647 SENATE REQUEST RETURN TO SENATE 1657 RETURNED TO SENATE 1673 FIN RPT 7DP 3NR 1AM 1877 -FISCAL NOTE (DOE) 5/10/93 1877 1993-05-11 House Journal Page 1903 SB 7 Amendment No. 1 was offered by Representative Ulmer: Page 12, line 10: Delete "1998" Insert "1996" Page 14, line 30: Delete "1998" Insert "1996" Representative Ulmer 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 Representative Navarre: Page 12, line 9, after "section": Insert "may not exceed $250,000,000." Page 12, lines 9 - 16: Delete all material Page 14, line 27 through page 15, line 6: Delete all material Page 14, line 27, following "$250,000,000": Insert "may only be issued to fund school construction, additions to schools, or major school rehabilitation projects that are approved under AS 14.07.020 (a)(11) [300,000,000]." Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. 1993-05-11 House Journal Page 1904 SB 7 Representative Phillips objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 7(FIN) am H Second Reading Amendment No. 2 YEAS: 12 NAYS: 28 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Finkelstein, Grussendorf, Hoffman, Larson, Mackie, Menard, Navarre, Sitton, Ulmer Nays: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Navarre: Page 3, lines 7 - 9: Delete "100,001 - 200,000 10 percent 200,001 - 600,000 30 percent over 600,000 35 percent" Insert "100,001 - 200,000 15 percent over 200,000 25 percent" Representative Navarre moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1993-05-11 House Journal Page 1905 SB 7 CSSB 7(FIN) am H Second Reading Amendment No. 3 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Navarre: Page 12, line 11: Delete "133,000,000" Insert "100,000,000" Page 12, line 13: Delete "67,000,000" Insert "50,000,000" Page 12, line 15: Delete "50,000,000" Insert "100,000,000" Page 14, line 31: Delete "133,000,000" Insert "100,000,000" 1993-05-11 House Journal Page 1906 SB 7 Page 15, line 2: Delete "67,000,000" Insert "50,000,000" Page 15, line 5: Delete "50,000,000" Insert "100,000,000" Representative Navarre moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSSB 7(FIN) am H Second Reading Amendment No. 4 YEAS: 9 NAYS: 31 EXCUSED: 0 ABSENT: 0 Yeas: Carney, Davidson, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Ulmer Nays: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Navarre: Page 12, line 11: Delete "133,000,000" Insert "120,000,000" 1993-05-11 House Journal Page 1907 SB 7 Page 12, line 13: Delete "67,000,000" Insert "60,000,000" Page 12, line 15: Delete "50,000,000" Insert "70,000,000" Page 14, line 31: Delete "133,000,000" Insert "120,000,000" Page 15, line 2: Delete "67,000,000" Insert "60,000,000" Page 15, line 5: Delete "50,000,000" Insert "70,000,000" Representative Navarre 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: CSSB 7(FIN) am H Second Reading Amendment No. 5 YEAS: 10 NAYS: 30 EXCUSED: 0 ABSENT: 0 Yeas: Carney, Davidson, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Ulmer 1993-05-11 House Journal Page 1908 SB 7 Nays: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Navarre: Page 12, line 11: Delete "133,000,000" Insert "123,000,000" Page 12, line 13: Delete "67,000,000" Insert "62,000,000" Page 12, line 15: Delete "50,000,000" Insert "65,000,000" Page 14, line 31: Delete "133,000,000" Insert "123,000,000" Page 15, line 2: Delete "67,000,000" Insert "62,000,000" Page 15, line 5: Delete "50,000,000" Insert "65,000,000" Representative Navarre moved and asked unanimous consent that Amendment No. 6 be adopted. 1993-05-11 House Journal Page 1909 SB 7 Representative Phillips objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSSB 7(FIN) am H Second Reading Amendment No. 6 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Ulmer Nays: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Navarre: Page 3, line 14: Delete "200,000" Insert "600,000" Representative Navarre moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSSB 7(FIN) am H Second Reading Amendment No. 7 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 1993-05-11 House Journal Page 1910 SB 7 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Navarre: Page 12, line 9: Delete "250,000,000" Insert "300,000,000" Page 12, line 15: Delete "50,000,000" Insert "100,000,000" Page 14, line 25: Delete "550,000,000" Insert "600,000,000" Page 14, line 26: Delete "250,000,000" Insert "300,000,000" Page 15, line 5: Delete "50,000,000" Insert "100,000,000" Representative Navarre moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Phillips objected. 1993-05-11 House Journal Page 1911 SB 7 The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSSB 7(FIN) am H Second Reading Amendment No. 8 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, Amendment No. 8 was not adopted. Representative Phillips moved and asked unanimous consent that CSSB 7(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected. The question being: "Shall CSSB 7(FIN) am H be advanced to third reading on the same day?" The roll was taken with the following result: CSSB 7(FIN) am H Second Reading Advance to Third Reading YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, 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 1993-05-11 House Journal Page 1912 SB 7 Nays: Davidson, Navarre Mackie changed from "Nay" to "Yea". Willis changed from "Nay" to "Yea". Brice changed from "Nay" to "Yea". Davies changed from "Nay" to "Yea". Sitton changed from "Nay" to "Yea". Grussendorf changed from "Nay" to "Yea". Brown changed from "Nay" to "Yea". Nordlund changed from "Nay" to "Yea". Menard changed from "Nay" to "Yea". Carney changed from "Nay" to "Yea". Hoffman changed from "Nay" to "Yea". Nicholia changed from "Nay" to "Yea". And so, the motion passed. CSSB 7(FIN) am H was read the third time. The question being: "Shall CSSB 7(FIN) am H pass the House?" The roll was taken with the following result: CSSB 7(FIN) am H 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 7(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 clause. There being no objection, it was so ordered. 1993-05-11 House Journal Page 1913 SB 7 CSSB 7(FIN) am H was referred to the Chief Clerk for engrossment. The Speaker reminded members there was a call of the House. The Speaker stated that the House would recess, and so, the House recessed at 4:38 p.m. AFTER RECESS The House was called back to order at 5:31 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 124 A message dated May 11, 1993, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 124(FIN) "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date." with the following amendment: SCS FOR CS FOR HOUSE BILL NO. 124(FIN) am S (same title) Representative Phillips moved and asked unanimous consent that the House consider the Senate message on CSHB 124(FIN) and SCS CSHB 124(FIN) am S at this time. There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 124(FIN), thus adopting SCS CSHB 124(FIN) am S, and recommended that the members vote yes. 1993-05-11 House Journal Page 1914 HB 124 The question being: "Shall the House concur in the Senate amendment to CSHB 124(FIN)?" The roll was taken with the following result: SCS CSHB 124(FIN) am S Concur YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brown, Davidson, Davies, James, MacLean, Navarre, Nicholia, Vezey And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 124(FIN) 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 clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 124(FIN) am S was referred to the Chief Clerk for enrollment. SB 165 A message dated May 11, 1993, was read stating the Senate has failed to concur in the House amendment to CSSB 165(FIN), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 165(FIN) "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." and respectfully requests the House to recede from its amendment. 1993-05-11 House Journal Page 1915 SB 165 In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Frank, Chair Senator Pearce Senator Jacko Representative Phillips moved and asked unanimous consent that the House consider the Senate message on HCS CSSB 165(FIN) and CSSB 165(FIN) at this time. There being no objection, it was so ordered. Representative Phillips moved that the House recede from its amendment to CSSB 165(FIN), namely HCS CSSB 165(FIN), and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 165(FIN)?" The roll was taken with the following result: HCS CSSB 165(FIN) Recede from House Amendment YEAS: 0 NAYS: 40 EXCUSED: 0 ABSENT: 0 Nays: 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, the House failed to recede. The Speaker appointed the following members to a Conference committee to meet with the like committee from the Senate to consider the above bills: 1993-05-11 House Journal Page 1916 SB 165 Representative Larson, Chair Representative MacLean Representative Grussendorf The Chief Clerk was instructed to so notify the Senate. SB 99 A message dated May 11, 1993, was read stating the Senate has failed to concur in the House amendment to CSSB 99(FIN) am(efd fld), namely: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." and respectfully requests the House to recede from its amendment. 1993-05-11 House Journal Page 1917 SB 99 In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Pearce, Chair Senator Halford Senator Jacko Representative Phillips moved and asked unanimous consent that the House consider the Senate message on the HCS CSSB 99(FIN) am H and CSSB 99(FIN) am(efd fld) at this time. There being no objection, it was so ordered. Representative Phillips moved that the House recede from its amendment to CSSB 99(FIN) am(efd fld), namely HCS CSSB 99(FIN) am H, and recommended that the members vote no. The question being: "Shall the House recede from its amendment to CSSB 99(FIN) am(efd fld)?" The roll was taken with the following result: HCS CSSB 99(FIN)am H Recede from House Amendment YEAS: 1 NAYS: 39 EXCUSED: 0 ABSENT: 0 Yeas: Navarre Nays: 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, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, the House failed to recede. The Speaker appointed the following members to a Conference committee to meet with a like committee from the Senate to consider the above bills: 1993-05-11 House Journal Page 1918 SB 99 Representative Larson, Chair Representative Olberg Representative Ulmer The Speaker then disbanded the above conference committee and instructed the Chief Clerk to return HCS CSSB 99(FIN) am H and CSSB 99(FIN) am(efd fld) to the Senate. ANNOUNCEMENTS Conference Committee SB 165 upon recess, 5/11 MESSAGES FROM THE SENATE (continued) HB 293 A message dated May 11, 1993, was read stating the Senate has passed: HOUSE BILL NO. 293 "An Act extending the termination date of the Council on Domestic Violence and Sexual Assault." with the following amendment: SENATE CS FOR HOUSE BILL NO. 293(FIN) (same title) Representative Phillips moved and asked unanimous consent that the House consider the Senate message on HB 293 and SCS HB 293(FIN) at this time. There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 293, thus adopting SCS HB 293(FIN), and recommended that the members vote yes. 1993-05-11 House Journal Page 1919 HB 293 The question being: "Shall the House concur in the Senate amendment to HB 293?" The roll was taken with the following result: SCS HB 293(FIN) Concur YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 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, Williams, Willis Nays: Vezey Absent: Ulmer And so, the House concurred in the Senate amendment, thus adopting SCS HB 293(FIN). The Chief Clerk was instructed to so notify the Senate. SCS HB 293(FIN) was referred to the Chief Clerk for enrollment. The Speaker stated the House would recess until 6:30 p.m., and so, the House recessed at 5:58 p.m. AFTER RECESS The House was called back to order at 7:06 p.m. REPORTS OF SPECIAL COMMITTEES SB 165 The Conference Committee considering HCS CSSB 165(FIN) and CSSB 165(FIN) am recommends the following be adopted: 1993-05-11 House Journal Page 1920 SB 165 CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." The report was signed by Senator Frank, Chair, Senators Pearce and Zharoff; and, Representative Larson, Chair, Representatives Grussendorf and MacLean. Representative Phillips moved and asked unanimous consent that the House consider the Conference Committee report on HCS CSSB 165(FIN) and CSSB 165(FIN) am. There being no objection, it was so ordered. Representative Phillips moved that the House adopt the Conference Committee report, thus adopting CCS SB 165. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCS SB 165 Adopt Conference Committee Report YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, 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 Absent: Davidson, Menard And so, the House adopted the Conference Committee report, thus adopting CCS SB 165. 1993-05-11 House Journal Page 1921 SB 165 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. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar and those citations that had been introduced today. There being no objection, the following citations were approved and sent to enrolling: Honoring - Ruth Anne Johnston, 1993 Alaska Mom of the Year By Senator Little; Representatives Brice, Brown, B.Davis, G.Davis, Green, Hanley, Hoffman, James, MacLean, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Toohey, Ulmer, Willis Honoring - Dana Krumm, National Multiple Sclerosis Society's 1993 Alaska Mother of the Year By Senator Little; Representatives Brice, Brown, B.Davis, G.Davis, Green, Hanley, Hoffman, James, MacLean, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Toohey, Willis Honoring - Bette O'Moor By Representatives Nicholia, Brice, B.Davis, MacLean, Menard, Nordlund, Willis; Senator Lincoln Honoring - Sandy Vandergaw By Representatives Hanley, Bunde, MacLean, Menard, Mulder, Nicholia, Parnell, Toohey, Willis In Memoriam - Rose Golik By Representatives Toohey, Brice, B.Davis, Hoffman, MacLean, Mackie, Martin, Menard, Mulder, Nicholia, Phillips, Willis In Memoriam - Charley Kegler By Representatives Davies, Brice, MacLean, Menard, Nicholia, Vezey, Willis 1993-05-11 House Journal Page 1922 In Memoriam - Robert "Bob" Van Brocklin By Senator Little; Representatives Brice, Brown, Davidson, B.Davis, G.Davis, Finkelstein, Hanley, Hoffman, Hudson, Mackie, MacLean, Menard, Mulder, Nicholia, Nordlund, Olberg, Phillips, Toohey, Ulmer, Willis ANNOUNCEMENTS Majority & Minority Caucus upon recess, 5/11 The Speaker stated the House would recess, and so, the House recessed at 8:22 p.m. AFTER RECESS The House was called back to order at 8:40 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 211 A message dated May 11, 1993, was read stating the Senate has passed: HOUSE BILL NO. 211 "An Act relating to the municipal tax exemption for inventories intended for export." with the following amendment: HOUSE BILL NO. 211 am S (same title) Representative Phillips moved and asked unanimous consent that the House consider the Senate message on HB 211 and HB 211 am S at this time. 1993-05-11 House Journal Page 1923 HB 211 There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 211, thus adopting HB 211 am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 211?" The roll was taken with the following result: HB 211 am S Concur YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 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, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Nicholia And so, the House concurred in the Senate amendment, thus adopting HB 211 am S. The Chief Clerk was instructed to so notify the Senate. HB 211 am S was referred to the Chief Clerk for enrollment. MESSAGES FROM THE SENATE HCR 19 A message dated May 11, 1993, was received stating the Senate has passed: 1993-05-11 House Journal Page 1924 HCR 19 HOUSE CONCURRENT RESOLUTION NO. 19 Relating to the sale of state royalty gas. HCR 19 was referred to the Chief Clerk for enrollment. HCR 20 A message dated May 11, 1993, was received stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases. HCR 20 was referred to the Chief Clerk for enrollment. HB 64 A message dated May 11, 1993, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date." CSHB 64(FIN) was referred to the Chief Clerk for enrollment. HB 97 A message dated May 11, 1993, was received stating the Senate has passed: HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date." HB 97 was referred to the Chief Clerk for enrollment. 1993-05-11 House Journal Page 1925 HB 126 A message dated May 11, 1993, was received stating the Senate has passed: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 "An Act establishing the current prevailing rate of wages issued at least 10 days before the final submission of bids as the prevailing wage rate for public construction projects and requiring periodic adjustment of the wage rate." SSHB 126 was referred to the Chief Clerk for enrollment. HB 168 A message dated May 11, 1993, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 168(FIN) am "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, 1993-05-11 House Journal Page 1926 HB 168 licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." CSHB 168(FIN) was referred to the Chief Clerk for enrollment. HB 171 A message dated May 11, 1993, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 171(FIN) "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date." 1993-05-11 House Journal Page 1927 HB 171 CSHB 171(FIN) was referred to the Chief Clerk for enrollment. HB 181 A message dated May 11, 1993, was received stating the Senate has passed: HOUSE BILL NO. 181 am "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date." HB 181 am was referred to the Chief Clerk for enrollment. HB 187 A message dated May 11, 1993, were received stating the Senate has passed: CS FOR HOUSE BILL NO. 187(FIN) am "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; relating to pen registers, trap devices, and communications in electronic storage; amending statutes relating to eavesdropping and wiretapping; relating to the penalty for violation of statutes relating to eavesdropping and unauthorized interception, publication, or use of private communications; and providing for an effective date." CSHB 187(FIN) am was referred to the Chief Clerk for enrollment. HB 264 A message dated May 11, 1993, was received stating the Senate has passed: CS FOR HOUSE BILL NO. 264(FIN) "An Act levying and providing for the collection of and disposition of the proceeds of a fishery resource landing tax; and providing for an effective date." CSHB 264(FIN) was referred to the Chief Clerk for enrollment. 1993-05-11 House Journal Page 1928 HB 55 A message dated May 11, 1993, was received stating the Senate has adopted the Conference Committee with limited powers of free conference report on CSHB 55(FIN) and SCS HB 55(RLS) am S(efd fld S), thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." The House has adopted CCS HB 55 (page 1900). CCS HB 55 was referred to the Chief Clerk for engrossment and enrollment. SB 7 A message dated May 11, 1993, was received stating the Senate has concurred in the House amendment to CSSB 7(FIN) am(reengrossed), thus adopting: CS FOR SENATE BILL NO. 7(FIN) am H "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date." SB 51 A message dated May 11, 1993, was received stating the Senate has concurred in the House amendment to SB 51, thus adopting: SENATE BILL NO. 51 am H "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." 1993-05-11 House Journal Page 1929 SB 60 A message dated May 11, 1993, was received stating the Senate has concurred in the House amendment to CSSB 60(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 60(FIN) am H "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." SB 99 A message dated May 11, 1993, was received stating the Senate has concurred in the House amendment to CSSB 99(FIN) am(efd fld), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) am H "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." 1993-05-11 House Journal Page 1930 SB 142 A message dated May 11, 1993, was received stating the Senate has concurred in the House amendment to CSSB 142(CRA), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 142(FIN) "An Act relating to the Alaska regional economic assistance program and to regional development organizations; and providing for an effective date." SB 183 A message dated May 11, 1993, was received stating the Senate has concurred in the House amendment to CSSB 183(FIN) am(reengrossed), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 183(FIN) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date." SB 165 A message dated May 11, 1993, was received stating the Senate has adopted the Conference Committee report on CSSB 165(FIN) am and HCS CSSB 165(FIN), thus adopting: CONFERENCE CS FOR SENATE BILL NO. 165 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." The House adopted CCS SB 165 (page 1920). UNFINISHED BUSINESS HJR 38 Representative Davies added his name as cosponsor to: 1993-05-11 House Journal Page 1931 HJR 38 HOUSE JOINT RESOLUTION NO. 38 Relating to the Alaska Maritime Heritage Foundation. HB 64 Representatives Davies and Menard added their names as cosponsors to: CS FOR HOUSE BILL NO. 64(FIN) "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; prohibiting the suspension of imposition of sentence of a person convicted of stalking; relating to the crime of assault in the third degree; and providing for an effective date." HB 211 Representative Menard added his name as cosponsor to: HOUSE BILL NO. 211 am S "An Act relating to the municipal tax exemption for inventories intended for export." ENGROSSMENT SB 7 CSSB 7(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 60 CSSB 60(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 99 HCS CSSB 99(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-05-11 House Journal Page 1932 SB 142 HCS CSSB 142(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 165 HCS CSSB 165(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 183 HCS CSSB 183(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. The Speaker appointed the following members to inform the Senate that the House had concluded its business: Representative Hudson Representative Mackie The Speaker appointed the following members to inform the Governor that the House had concluded its business: Representative Brown Representative MacLean Senators Taylor and Duncan arrived in the House chamber to inform the House that the Senate had concluded its business. Governor Hickel and his wife Ermalee arrived in the House chamber to congratulate the House at the conclusion of its business. ADJOURNMENT Representative Parnell moved and asked unanimous consent that the House adjourn until January 10, 1994. There being no objection, the House adjourned at 9:11 p.m. J.C. Shine Chief Clerk