Legislature(1993 - 1994)

1994-01-27 House Journal

Full Journal pdf

1994-01-27                     House Journal                      Page 2163
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                      Thursday          January 27, 1994         
                                                                               
                                                                               
                                Eighteenth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 5:02 p.m.                                                            
                                                                               
                                                                               
Roll call showed 33 members present.  Representatives MacLean and              
Nicholia had been previously excused from a call of the House today.           
Representatives Brice, James, Hoffman, Mackie and Menard were                  
absent.                                                                        
                                                                               
                                                                               
The invocation was offered by the Chaplain, Reverend Kim Poole of              
the Douglas Community United Methodist Church.  Representative                 
Bunde moved and asked unanimous consent that the invocation be                 
spread on the journal.  There being no objection, it appears below:            
                                                                               
"O God of Truth and Beauty,                                                   
                                                                               
We are grateful for the joys of this day: for the rain that                   
cleanses and nourishes the earth, for work to do that renews                   
our minds, and for families and friends that make our lives                    
enjoyable.  As we move into this evening we thank You for                      
the time we have had today to work together and ask for Your                   
continued blessing on us as we join together to complete our                   
day's tasks.  May the quality of our work done together be                     
such that when this day is ended we may reflect on our                         
actions and see in that reflection a job well done.  Then grant                
us a peaceful night, with rest and fellowship that will renew                  
our minds and bodies for service tomorrow.  Amen."                             
                                                                               
                                       1                                       

1994-01-27                     House Journal                      Page 2164
The Pledge of Allegiance was led by Representative Toohey.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 17th legislative day with the following correction be          
approved as certified by the Chief Clerk.  There being no objection, it        
was so ordered.                                                                
                                                                               
HB 28                                                                        
                                                                               
Page 2149:                                                                    
                                                                               
After "corrected", delete "zero"                                             
                                                                               
                                                                               
Without objection, the House advanced to:                                      
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following members be excused from a call of the House as noted:                
                                                                               
Representative Hoffman - from 5:00 p.m., January 26 to 8:00 p.m.,              
plane time, February 1, 1994                                                   
                                                                               
Representative Menard - from 6:30 a.m., January 27 to 10:00 p.m.,              
plane time, January 30, 1994                                                   
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated January 26, 1994, was received stating the Senate has          
accepted the invitation to meet in joint session in the House at 11:00         
a.m., March 28, 1994, to hear Chief Justice Daniel Moore deliver the           
State of the Judiciary.                                                        
                                                                               
                                                                               

1994-01-27                     House Journal                      Page 2165
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 263                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 263                                     
"An Act relating to municipal property tax exemptions."                       
                                                                               
The report was signed by Representative Olberg, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (6):  Sanders, Bunde, Davies, Willis, Williams, Toohey                 
                                                                               
No recommendation (1): Olberg                                                  
                                                                               
The following fiscal note applies to SSHB 263:                                 
                                                                               
Zero fiscal note, Dept. of Community & Regional Affairs, 1/27/94               
                                                                               
SSHB 263 was referred to the Rules Committee for placement on the              
calendar.                                                                      
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Susan Stone for Outstanding Service as Tongass Alaska               
Girl Scout Council President                                                  
By Representative Williams; Senator Taylor                                     
                                                                               
Honoring - Sarah McDaniel                                                      
By Representatives Ulmer, Hudson; Senator Duncan                               
                                                                               
Honoring - 1993 Eagle Scouts                                                   
By Senator Halford; Representative Barnes                                      
                                                                               
Honoring - Ron Russell, 1994 Employee of the Year                              
By Senator Little; Representative G.Davis                                      
                                                                               
Honoring - Tom Kito                                                            
By Senator Taylor; Representatives Grussendorf, Williams                       

1994-01-27                     House Journal                      Page 2166
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 406                                                                       
HOUSE BILL NO. 406 by Representative Foster, entitled:                         
                                                                               
"An Act relating to municipal sales and use taxes involving air               
carriers; and providing for an effective date."                                
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
HB 407                                                                       
HOUSE BILL NO. 407 by Representative Foster, entitled:                         
                                                                               
"An Act relating to issuance of commemorative gold rush motor                 
vehicle license plates."                                                       
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               
                                                                               
HB 408                                                                       
HOUSE BILL NO. 408 by Representative Green, entitled:                          
                                                                               
"An Act setting a maximum rate of interest that may be charged                
on a loan guaranteed by the Alaska Industrial Development and                  
Export Authority under its export assistance program; and                      
annulling a portion of a current regulation of the Alaska Industrial           
Development and Export Authority that establishes the maximum                  
allowable interest on a guaranteed loan to be computed at a                    
different rate."                                                               
                                                                               
was read the first time and referred to the State Affairs and Finance          
Committees.                                                                    
                                                                               

1994-01-27                     House Journal                      Page 2167
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 28                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 28                                                             
"An Act relating to the penalty for providing alcoholic beverages             
to a person under the age of 21; and providing for an effective                
date."                                                                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  3DP 3NR                                                  539         
	-2 FISCAL NOTES (CORR, ADM)  3/5/93                               540         
	-3 ZERO FNS (LAW, DPS, ADM)  3/5/93                               540         
	JUD RPT  CS(JUD)  3DP 3NR                                        1252         
	-PREVIOUS FN (ADM)  3/5/93                                       1252         
	-PREVIOUS ZERO FNS (ADM, LAW, DPS) 3/5                           1252         
	FIN RPT  CS(JUD) 10DP 1AM                                        2120         
	-3 FNS (COURT, REV, CORR) 1/21/94                                2120         
	-4 ZERO FNS (ADM, ADM, LAW, DPS) 1/21/94                         2120         
	-CORRECTED FN PUBLISHED (REV) 1/24/94                            2149         
                                                                               
**The presence of Representatives Mackie and James was noted.                  
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR HOUSE BILL NO. 28(JUD)                                                 
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Phillips:                        
                                                                               
Page 3, line 5:                                                                
                                                                               
Delete "1993"                                                                 
                                                                               
Insert "1994"                                                                 

1994-01-27                     House Journal                      Page 2168
HB 28                                                                        
Representative Phillips moved and asked unanimous consent that                 
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 28(JUD) am be considered engrossed, advanced to third reading             
and placed on final passage.                                                   
                                                                               
                                                                               
Representative Ulmer objected and withdrew the objection.                      
                                                                               
                                                                               
Representative Vezey rose to a point of order regarding the relevance          
of the debate.                                                                 
                                                                               
                                                                               
The Speaker concurred but allowed latitude of debate.                          
                                                                               
                                                                               
There being no further objection to advancement to third reading, it           
was so ordered and CSHB 28(JUD) am was read the third time.                    
                                                                               
                                                                               
**The presence of Representative Brice was noted.                              
                                                                               
                                                                               
The question being:  "Shall CSHB 28(JUD) am pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSHB 28(JUD) am                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  4   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder,                    
Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,         
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             

1994-01-27                     House Journal                      Page 2169
HB 28                                                                        
Excused:  Hoffman, MacLean, Menard, Nicholia                                   
                                                                               
And so, CSHB 28(JUD) am 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.           
                                                                               
                                                                               
CSHB 28(JUD) am was referred to the Chief Clerk for engrossment.               
                                                                               
                                                                               
                            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 - Investigator Dan Decker                                             
By Representatives Hoffman, Barnes, Grussendorf, Hanley, James,                
Mackie, MacLean, Menard, Nicholia, Phillips, Toohey,  Ulmer, Willis            
                                                                               
Honoring - Trooper Daniel F. Donaldson                                         
By Representatives Hoffman, Barnes, Grussendorf, Hanley, James,                
Mackie, MacLean, Menard, Nicholia, Phillips, Toohey, Ulmer, Willis             
                                                                               
In Memoriam - Karl Schwalm                                                     
By Representatives Vezey, Brice, Foster, James, Menard, Nicholia,              
Sitton                                                                         
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 109                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 2119) on the following at              
this time:                                                                     
                                                                               

1994-01-27                     House Journal                      Page 2170
HB 109                                                                       
CS FOR HOUSE BILL NO. 109(JUD)                                                
"An Act relating to blood tests for persons charged with sex                  
offenses; and providing for an effective date."                                
                                                                               
and                                                                            
                                                                               
CS FOR HOUSE BILL NO. 109(JUD) am S                                           
(same title)                                                                  
                                                                               
                                                                               
Representative Ulmer objected, and raised a point of order, citing Rule        
1(e) of the Uniform Rules of the Alaska State Legislature.                     
                                                                               
                                                                               
The Speaker ruled the point out of order, citing Sections 161(4) and           
241(1) of Mason's Manual.                                                      
                                                                               
                                                                               
Representative Navarre appealed the ruling of the Chair.                       
                                                                               
                                                                               
The question being:  "Shall the ruling of the Chair be sustained?"  The        
roll was taken with the following result:                                      
                                                                               
Sustain Ruling of the Chair                                                    
                                                                               
YEAS:  22   NAYS:  14   EXCUSED:  4   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter,        
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Mackie, Navarre, Nordlund, Sitton, Ulmer, Willis                  
                                                                               
Excused:  Hoffman, MacLean, Menard, Nicholia                                   
                                                                               
                                                                               
And so, the ruling of the Chair was sustained and the House                    
considered the Senate message on CSHB 109(JUD).                                
                                                                               

1994-01-27                     House Journal                      Page 2171
HB 109                                                                       
Representative Phillips moved that the House concur in the Senate              
amendment to CSHB 109(JUD), thus adopting CSHB 109(JUD) am S,                  
and recommended that the members vote yes.                                     
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 109(JUD)?"  The roll was taken with the following result:              
                                                                               
CSHB 109(JUD) am S                                                             
Concur                                                                         
                                                                               
YEAS:  34   NAYS:  1   EXCUSED:  4   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis,               
Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott,          
Larson, Mackie, Martin, Moses, Mulder, Navarre, Nordlund, Olberg,              
Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer,         
Vezey, Williams, Willis                                                        
                                                                               
                                                                               
Nays:  Brown                                                                   
                                                                               
                                                                               
Excused:  Hoffman, MacLean, Menard, Nicholia                                   
                                                                               
Absent:  Davies                                                                
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
CSHB 109(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 clause.  There being no objection, it was so ordered.           
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
CSHB 109(JUD) am S was referred to the Chief Clerk for enrollment.             

1994-01-27                     House Journal                      Page 2172
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following members be excused from a call of the House as noted:                
                                                                               
Representative Davidson - from 10:00 a.m., February 2 to 7:30 p.m.,            
plane time, February 6, 1994                                                   
                                                                               
Representative Williams - from 2:30 p.m., January 28 to 10:00 p.m.,            
plane time, January 30, 1994                                                   
                                                                               
Representative MacLean - January 28 to 7:30 p.m., plane time, January          
30, 1994                                                                       
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 105                                                                       
Representative Brown added her name as cosponsor to:                           
                                                                               
HOUSE BILL NO. 105                                                            
"An Act providing for incarceration for nonviolent, youthful first            
offenders in boot camps operated by the Department of                          
Corrections; creating the Boot Camp Advisory Board in the                      
Department of Corrections; amending Alaska Rule of Criminal                    
Procedure 35; and providing for an effective date."                            
                                                                               
                                                                               
SJR 29                                                                       
Representative Navarre added his name as cross-sponsor to:                     
                                                                               
SENATE JOINT RESOLUTION NO. 29                                                
Relating to federal efforts to require the use of motorcycle helmets          
in Alaska.                                                                     
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 28                                                                        
CSHB 28(JUD) am was engrossed, signed by the Speaker and Chief                 
Clerk and transmitted to the Senate for consideration.                         
                                                                               

1994-01-27                     House Journal                      Page 2173
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., January 28, 1994.  There being no              
objection, the House adjourned at 6:13 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk