Legislature(1993 - 1994)
1994-02-03 House Journal
Full Journal pdf1994-02-03 House Journal Page 2233 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 3, 1994 Twenty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:19 a.m. Roll call showed 36 members present. Representatives Davidson and Nicholia had been previously excused from a call of the House today. Representative Menard was excused until later plane time today. Representative Mackie was absent. The invocation was offered by the Chaplain, Pastor Larry Rorem of the Shepherd of the Valley Lutheran Church. Representative Hoffman moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Lord, we give thanks for the gift of communication. There are many strong voices in this room who represent diverse constituencies and opinions. In our speaking and actions help us to reflect upon the significant part our voice plays in the well being of our state and its people. Many voices from many directions speak to many issues that both complicate and conciliate. Help us to hear what needs to be heard and speak what needs to be spoken. In particular help this gathering to be sensitive to the fact that there are many voices not being heard who in many cases do not or cannot speak for their needs. May this representative body speak on behalf of those whose mind, body, or spirit stands in the way of their representation. May our voices, ears, and hearts be sensitive to all the people who make Alaska their home. 1 1994-02-03 House Journal Page 2234 In Your name, Amen." The Pledge of Allegiance was led by Representative Willis. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 24th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. ANNOUNCEMENTS Representative Ulmer announced a Minority Caucus upon a motion to recess. The Speaker stated the House would recess until 11:00 a.m. There being no objection, the House recessed at 10:23 a.m. AFTER RECESS The Speaker called the House back to order at 11:21 a.m. **The presence of Representative Menard was noted. MESSAGES FROM THE SENATE SJR 29 A message dated February 2, 1994, was read stating the Senate has concurred in the House amendment to SJR 29, thus adopting: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 29(TRA) am H Relating to federal efforts to require the use of motorcycle helmets in Alaska. **The presence of Representative Mackie was noted. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: 1994-02-03 House Journal Page 2235 Dept. of Commerce & Economic Development Annual Report of State Loan Programs Annual Report of Reinstatements (as required by AS 37.05.035 & AS 16.10.350) Dept. of Revenue Alaska Science & Technology Foundation 1993 Annual Report REPORTS OF STANDING COMMITTEES HJR 43 The Finance Committee has considered: HOUSE JOINT RESOLUTION NO. 43 Proposing an amendment to the Constitution of the State of Alaska relating to penal administration. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. The report was signed by Representative Larson, Co-Chair, with the following individual recommendations: Do pass (6): Larson, Hanley, Martin, Parnell, Therriault, Brown No recommendation (4): Grussendorf, Hoffman, Foster, Navarre The following fiscal notes apply to CSHJR 43(FIN): Fiscal note, Office of the Governor, 1/13/94 Zero fiscal note, Dept. of Corrections, 1/13/94 Zero fiscal note, Dept. of Public Safety, 1/13/94 HJR 43 was referred to the Rules Committee for placement on the calendar. 1994-02-03 House Journal Page 2236 HB 49 The Judiciary Committee has considered: HOUSE BILL NO. 49 "An Act relating to facsimile absentee ballot application and facsimile absentee voting." and recommends it be replaced with: CS FOR HOUSE BILL NO. 49(JUD) "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, Green, Phillips, Nordlund No recommendation (1): Davidson Amend (1): Porter The following fiscal note applies to CSHB 49(JUD): Fiscal note, Office of the Governor, 2/3/94 HB 49 was referred to the Finance Committee. HB 327 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 327 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." The report was signed by Representative G.Davis, Vice Chair, with the following individual recommendations: Do pass (4): G.Davis, Bunde, B.Davis, Toohey 1994-02-03 House Journal Page 2237 HB 327 No recommendation (2): Vezey, Olberg The following fiscal note applies to HB 327: Zero fiscal note, Dept. of Commerce & Economic Development, 2/3/94 HB 327 was referred to the Finance Committee. HB 372 The Finance Committee has considered: HOUSE BILL NO. 372 "An Act relating to the four dam pool transfer fund." The report was signed by Representative Larson, Co-Chair, with the following individual recommendations: Do pass (6): Larson, Martin, Parnell, Grussendorf, Therriault, Foster Do not pass (1): Brown No recommendation (2): Hoffman, Navarre The following fiscal note applies to HB 372: Zero fiscal note, Dept. of Community & Regional Affairs, 2/3/94 HB 372 was referred to the Rules Committee for placement on the calendar. HB 374 The Finance Committee has considered: HOUSE BILL NO. 374 "An Act relating to reimbursable service agreements and other agreements between state agencies for the purchase of services." and recommends it be replaced with: CS FOR HOUSE BILL NO. 374(FIN) (same title) 1994-02-03 House Journal Page 2238 HB 374 The report was signed by Representative Larson, Co-Chair, with the following individual recommendations: Do pass (9): Larson, Parnell, Martin, Navarre, Hoffman, Therriault, Grussendorf, Brown, Foster The following fiscal notes apply to CSHB 374(FIN): Zero fiscal note, Dept. of Administration, 2/3/94 Zero fiscal note, Office of the Governor, 2/3/94 HB 374 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 - Roy Erhart By Senator Pearce; Representative Hanley Honoring - Jim Crum By Senator Pearce; Representative Hanley Honoring - Dave Erlich By Senator Pearce; Representative Nordlund CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 19 The following was read the second time: CSSB 19(FIN) am "An Act relating to the crime of conspiracy." 1994-02-03 House Journal Page 2239 SB 19 with the: Journal Page FIN RPT HCS(FIN) 6DP 1NR 1AM 2158 -4 FNS (2-ADM, CORR, COURT) 1/26/94 2158 -2 ZERO FISCAL NOTES (LAW, DPS) 1/26/94 2158 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. 19(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 2, following line 20, insert a new subsection to read: "(f) In a prosecution under this section, it is an affirmative defense that, in order to obtain evidence of the commission of a conspiracy, a public law enforcement official or a person working in cooperation with the official agreed with the defendant to engage in or cause the performance of the offense, and the defendant and the law enforcement official or person working in cooperation with the official were the only persons who conspired to commit the offense." Reletter the following subsections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. 1994-02-03 House Journal Page 2240 SB 19 Amendment to Amendment No. 1 was offered by Representative Ulmer: Under subsection (f), line 3, after "enforcement official": Delete "or a person working in cooperation with the official" Under subsection (f), line 6, after "enforcement official": Delete "or person working in cooperation with the official were" Insert "was" Representative Ulmer moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. Representative Phillips objected. The question being: "Shall the amendment to Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment to Amendment No. 1 YEAS: 24 NAYS: 12 EXCUSED: 2 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, B.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Larson, Mackie, MacLean, Martin, Menard, Navarre, Nordlund, Parnell, Porter, Sitton, Therriault, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, James, Kott, Mulder, Olberg, Phillips, Sanders, Toohey, Vezey, Williams Excused: Davidson, Nicholia Absent: Finkelstein, Moses And so, the amendment to Amendment No. 1 was adopted. 1994-02-03 House Journal Page 2241 SB 19 The question being: "Shall Amendment No. 1 as amended be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment No. 1 as amended YEAS: 15 NAYS: 22 EXCUSED: 2 ABSENT: 1 Yeas: Brice, Brown, Davies, B.Davis, Finkelstein, Foster, Hoffman, Mackie, MacLean, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Carney, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, Nicholia Absent: Grussendorf And so, Amendment No. 1 as amended was not adopted. Amendment No. 2 was offered by Representative Brown: Page 1, line 6, after "offender": Delete "agrees" Insert "communicates agreement" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hanley objected. 1994-02-03 House Journal Page 2242 SB 19 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment No. 2 YEAS: 9 NAYS: 29 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davies, Finkelstein, Foster, Menard, Nordlund, Sitton Nays: Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Nicholia And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 4, following line 9, insert a new bill section to read: "* Sec. 5. AS 11.31.140 is amended by adding a new subsection to read: (e) A person may not be convicted of more than one crime if one crime consists only of a conspiracy under AS11.31.120 to commit the other crime." Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Parnell objected. 1994-02-03 House Journal Page 2243 SB 19 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 19(FIN) Second Reading Amendment No. 3 YEAS: 10 NAYS: 28 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Foster, Menard, Nordlund, Sitton Nays: Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Nicholia And so, Amendment No. 3 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 19(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HCS CSSB 19(FIN) will be in third reading on the February 7, 1994, calendar. THIRD READING OF HOUSE BILLS HB 18 The following, which was advanced to third reading from the February 2, 1994, calendar (page 2225), was read the third time: CSHB 18(CRA) am "An Act relating to service areas in unified municipalities to provide police protection and law enforcement services; and providing for an effective date." 1994-02-03 House Journal Page 2244 HB 18 Representative Bunde moved and asked unanimous consent that CSHB 18(CRA) am be returned to second reading for the specific purpose of rescinding previous action in adopting Amendment No. 1 as amended. Representative Navarre rose to a point of order, stating that the motion was out of order because the question could be reached through reconsideration. The Speaker ruled the motion out of order. Representative Bunde moved and asked unanimous consent that CSHB 18(CRA) am be returned to second reading for the specific purpose of considering an amendment. Representative Finkelstein rose to a point of order, stating that the motion was out of order because no amendment had been presented. The Speaker ruled the motion out of order. Representative Phillips moved and asked unanimous consent that CSHB 18(CRA) am be returned to the Rules Committee. Representative Navarre objected. Representative Vezey rose to a point of order regarding inappropriate debate. The Speaker stated the point was well taken. The question being: "Shall CSHB 18(CRA) am be returned to the Rules Committee?" The roll was taken with the following result: 1994-02-03 House Journal Page 2245 HB 18 CSHB 18(CRA) am Third Reading Return to Rules Committee YEAS: 34 NAYS: 2 EXCUSED: 2 ABSENT: 2 Yeas: Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Foster, Green, 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 Nays: Carney, Finkelstein Excused: Davidson, Nicholia Absent: Brice, Grussendorf Finkelstein changed from "Yea" to "Nay". And so, CSHB 18(CRA) am was returned to the Rules Committee. 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 - The UAA Production Company of The Death of Von Richtofen as Witnessed from Earth By Representatives Hanley, Brice, Bunde, James, Menard, Navarre, Toohey, Ulmer, Willis Honoring - Ted Vadman on his Retirement By Representatives Hudson, Ulmer, Bunde, James, Mackie, Menard; Senator Duncan Honoring - Patti Hyslop, 1993 Barbara Bailey Prevention Award By Senator Leman; Representatives Nicholia, Brice, Bunde, James, Menard, Navarre, Toohey, Ulmer 1994-02-03 House Journal Page 2246 Honoring - Lynda Adams, 1993 Prevention Award By Senators Leman, Taylor; Representatives Bunde, Hanley, James, Menard, Navarre, Toohey, Ulmer, Williams Honoring - Margarita Ares, 1993 Prevention Award By Senators Leman, Sharp, Frank; Representatives Vezey, Brice, Bunde, Davies, Hanley, James, Menard, Navarre, Sitton, Toohey, Ulmer In Memoriam - Alfred O. Ose By Senator Kerttula; Representatives Bunde, Carney, Foster, James, Larson, Menard, Sitton, Ulmer, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative G.Davis - from 7:00 p.m., February 17 to 10:30 p.m., plane time, February 20, 1994 Representative Carney - from 6:30 a.m., February 11 to 10:30 p.m., plane time, February 13, 1994 Representative Foster - from 10:00 a.m., February 22 to 8:30 p.m., plane time, February 23, 1994 Representative Parnell - from 6:30 a.m., February 25 to 10:00 a.m., plane time, February 28, 1994 Representative Porter - from 10:00 a.m., February 25 to 7:30 p.m., plane time, February 27, 1994 Representative Sitton - from 7:00 p.m., February 10 to 10:00 a.m., plane time, February 15, 1994 Representative Therriault - from 7:00 p.m., February 16 to 10:00 a.m., plane time, February 22, 1994 There being no objection, it was so ordered. 1994-02-03 House Journal Page 2247 HCR 31 Representative Sanders added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week. HJR 52 Representative Davidson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 52 Urging the Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. HB 139 Representative MacLean added her name as cosponsor to: HOUSE BILL NO. 139 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Friday printed schedule. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 4, 1994, for a technical session. There being no objection, the House adjourned at 12:32 p.m. Suzi Lowell Chief Clerk