Legislature(1993 - 1994)
1994-02-15 House Journal
Full Journal pdf1994-02-15 House Journal Page 2393 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday February 15, 1994 Thirty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:52 a.m. Roll call showed 33 members present. Representative Davies had been previously excused from a call of the House today. Representative B.Davis was excused from a call of the House today through February 20, 1994, due to medical reasons. Representatives Brice, Davidson, Menard, Moses and Navarre were absent. The invocation was offered by the Chaplain, Reverend David Horn of the Faith Lutheran Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord God Almighty, King and Creator of the Universe, we thank You for another day to live in service to You. We thank You for raising the curtain and revealing the beauty of Your land in the clear light of day. May it move each of us to seek Your Light for ourselves. Be present among us today. We invite You to have Your way this day. Make this joint body as a healthy joint in the human body; two equally important supporting structures joined together smoothly at a certain point in order to do work. 1 1994-02-15 House Journal Page 2394 Make those individuals and groups which serve as connective tissue to serve well today. Lord, may You Yourself provide the muscle to make it work according to Your will. Preserve us from all swelling and pain, but if You see fit to allow it, help us to bear the difficulty and bear with one another with dignity, respect and honor, knowing that all things come only by Your grace or Your permission. May our work and our State prosper today. Lord, You know that each one of these men and women were chosen by their neighbors to speak for them, work for them in the public arena, a high calling and heavy responsibility, for which they have been well-prepared and are well-qualified and gifted by You. Yesterday on this very spot we acknowledged that with You, O Lord, nothing is impossible. But, if I may make bold to say it, Dear Father, there is one thing even You cannot do in this world: please everyone. Therefore, give these lawmakers the wisdom necessary to see what is good and right, or at least what is best, and the courage to do it. Help them to use their gifts well. And, Almighty God, send Your angels to protect those who are traveling, and all our loved ones far away. In Jesus' Name, Amen." The Pledge of Allegiance was led by Representative Hoffman. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 36th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker ordered the House at ease to allow members of the Senate to enter the House Chamber. 1994-02-15 House Journal Page 2395 JOINT SESSION IN THE HOUSE Speaker Barnes called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Halford who called the joint session to order at 11:01 a.m. The purpose of the joint session was to hear an address by the Honorable Frank Murkowski, U.S. Senator. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Halford introduced Nancy Murkowski, wife of Senator Murkowski, and their niece, Mary Gore. President Halford appointed Representative MacLean and Senator Sharp to escort the Senator to the joint session. The Sergeant-at-Arms announced the Senator's entrance into the House Chamber. Senator Murkowski was escorted to the rostrum and welcomed by President Halford. Senator Murkowski's address appears in Senate and House Joint Journal Supplement No. 15. A question and answer period followed the conclusion of the Senator's speech. Senator Murkowski received a standing ovation and the House stood at ease while Senator Murkowski was escorted from the Chamber by Representative MacLean and Senator Sharp. 1994-02-15 House Journal Page 2396 OMBUDSMAN SELECTION COMMITTEE Stuart C. Hall Senator Taylor moved and asked unanimous consent that Stuart C. Hall be confirmed as Ombudsman. Representative Martin objected. Representative Martin moved and asked unanimous consent that the motion to confirm the appointment of Stuart C. Hall as Ombudsman be tabled. Objections were heard. Senator Duncan placed a call of the joint session. President Halford stated the call was satisfied. The question being: "Shall the motion to confirm the appointment of Stuart C. Hall be tabled?" The roll was taken with the following result: HOUSE Ombudsman Confirm Stuart C. Hall Table YEAS: 22 NAYS: 16 EXCUSED: 2 ABSENT: 0 Yeas: Carney, Davidson, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Mackie, MacLean, Martin, Menard, Moses, Nicholia, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Barnes, Brice, Brown, Bunde, G.Davis, Finkelstein, Foster, Kott, Larson, Mulder, Navarre, Nordlund, Phillips, Sitton, Ulmer, Willis Excused: Davies, B.Davis 1994-02-15 House Journal Page 2397 SENATE Ombudsman Confirm Stuart C. Hall Table YEAS: 3 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Adams, Jacko, Sharp Nays: Donley, Duncan, Ellis, Frank, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff, Halford TOTAL: YEAS: 25 NAYS: 33 EXCUSED: 2 ABSENT: 0 And so, the motion failed. The question being: "Shall the appointment of Stuart C. Hall be confirmed? The roll was taken with the following result: SENATE Ombudsman Confirm - Stuart C. Hall YEAS: 18 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Donley, Duncan, Ellis, Frank, Jacko, Kelly, Kerttula, Leman, Lincoln, Little, Miller, Pearce, Phillips, Rieger, Salo, Taylor, Zharoff, Halford Nays: Sharp, Adams HOUSE Ombudsman Confirm Stuart C. Hall YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 1994-02-15 House Journal Page 2398 Yeas: Barnes, Brice, Brown, G.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Larson, Mulder, Nicholia, Nordlund, Phillips, Ulmer, Williams, Willis Nays: Bunde, Carney, Davidson, Foster, Green, Hanley, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Navarre, Olberg, Parnell, Porter, Sanders, Sitton, Therriault, Toohey, Vezey Excused: Davies, B.Davis TOTAL: YEAS: 34 NAYS: 24 EXCUSED: 2 ABSENT: 0 And so, lacking the necessary two third's votes, Stuart C. Hall was not confirmed. Senator Taylor moved and asked unanimous consent that the Joint Session stand in adjournment. President Halford adjourned the Joint Session at 12:40 p.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. The Speaker stated that, without objection, the House would recess until 1:30 p.m., and so, the House recessed at 12:45 p.m. IN THE HOUSE The Speaker called the House back to order at 1:39 p.m. MESSAGES FROM THE GOVERNOR A letter dated February 14, 1994, was read stating that, in accordance with AS 39.05.080 and Article III, sections 25 and 26, of the Alaska Constitution, the Governor submits the following name for legislative confirmation of appointment to the position noted: 1994-02-15 House Journal Page 2399 State Commission for Human Rights Fred Dyson - Eagle River Appointed: 02/10/94; Expires: 01/31/99 which was referred to the State Affairs Committee. A resume for the appointment is on file in the Chief Clerk's office. HJR 49 A letter dated February 15, 1994, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 49(RES) Requesting the United States Department of the Interior to adopt regulations that give a narrow interpretation to certain definitions under the Oil Pollution Act of 1990 relating to evidence of financial responsibility that must be shown by offshore facilities. Legislative Resolve No. 21 MESSAGES FROM THE SENATE A message dated February 14, 1994, was received stating the Senate has accepted the invitation to amend the purpose of the joint session in the House Chamber at 11:00 a.m. today to include confirmation of the ombudsman. HB 88 A message dated February 14, 1994, was read stating the Senate has passed HB 88 am with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 88(RLS) am S "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month; and relating to the prevention of child abuse and neglect in the family." 1994-02-15 House Journal Page 2400 HB 88 HB 88 am is under Unfinished Business. HB 101 A message dated February 14, 1994, was read stating the Senate has passed: HOUSE BILL NO. 101 "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code." with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 101(JUD) "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code; and providing for an effective date." HB 101 is under Unfinished Business. SB 19 A message dated February 14, 1994, was read stating the Senate has concurred in the House amendment to CSSB 19(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." FIRST READING AND REFERENCE OF SENATE BILLS A message dated February 14, 1994, was read stating the Senate has passed the following, and it is transmitted for consideration: SB 239 CS FOR SENATE BILL NO. 239(O&G) by the Senate House Special Committee on Oil and Gas, entitled: 1994-02-15 House Journal Page 2401 SB 239 "An Act relating to evidence of financial responsibility provided by persons who conduct oil operations; and providing for an effective date." was read the first time and referred to the Judiciary Committee. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Select Committee on Legislative Ethics Advisory Opinions Rendered by the Committee 93-09 through 94-05 August 14, 1993 - January 26, 1994 (as required by AS 24.60.160 and AS 24.60.150(a)(2)) REPORTS OF STANDING COMMITTEES HCR 31 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week. The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (7): Kott, Vezey, G.Davis, Bunde, Toohey, Olberg, Nicholia The following fiscal note applies to HCR 31: Zero fiscal note, Dept. of Health & Social Services, 2/15/94 HCR 31 was referred to the Rules Committee for placement on the calendar. HB 61 The Finance Committee has considered: 1994-02-15 House Journal Page 2402 HB 61 HOUSE BILL NO. 61 "An Act relating to the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 61(FIN) "An Act relating to the offense of operating a commercial motor vehicle while intoxicated and the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to chemical testing of a person's breath; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Martin, Therriault, Navarre, Brown Do not pass (1): Foster No recommendation (5): MacLean, Larson, Hanley, Parnell, Grussendorf The following fiscal notes apply to CSHB 61(FIN): Fiscal note, Dept. of Administration, 2/15/94 Fiscal note, Dept. of Corrections, 2/15/94 Zero fiscal note, Dept. of Administration, 2/15/94 Zero fiscal note, Dept. of Public Safety, 2/15/94 Zero fiscal note, Dept. of Law, 2/15/94 HB 61 was referred to the Rules Committee for placement on the calendar. HB 327 The Finance Committee has considered: 1994-02-15 House Journal Page 2403 HB 327 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 Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (8): Larson, Martin, Parnell, Grussendorf, Navarre, Brown, Foster, MacLean No recommendation (1): Therriault 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 Rules Committee for placement on the calendar. HB 352 The Community & Regional Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 352 "An Act relating to the approval of subdivision plats in areas outside organized boroughs, in the unorganized borough outside of cities, and in the third class boroughs; and relating to the definitions of `street' and `subdivision'." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 352(CRA) "An Act relating to the approval, change, or vacation of subdivision plats in areas outside organized boroughs, in the unorganized borough outside of cities, and in the third class boroughs; and relating to the definitions of `street' and `subdivision'." The report was signed by Representative Olberg, Chair, with the following individual recommendations: 1994-02-15 House Journal Page 2404 HB 352 Do pass (4): Sanders, Bunde, Toohey, Olberg No recommendation (2): Willis, Williams The following fiscal note applies to CSSSHB 352(CRA): Zero fiscal note, Dept. of Natural Resources, 2/15/94 SSHB 352 was referred to the Resources Committee. HB 368 The State Affairs Committee has considered: HOUSE BILL NO. 368 "An Act relating to reapplication for the 1993 permanent fund dividend when the United States Postal Service documents the loss of mail during the 1993 application period; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, Sanders, G.Davis No recommendation (1): Olberg The following fiscal note applies to HB 368: Zero fiscal note, Dept. of Revenue, 2/15/94 HB 368 was referred to the Rules Committee for placement on the calendar. HB 395 The State Affairs Committee has considered: HOUSE BILL NO. 395 "An Act relating to retirement benefits for the administrative director of courts; and providing for an effective date." 1994-02-15 House Journal Page 2405 HB 395 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Kott, Sanders, G.Davis, Olberg, B.Davis No recommendation (1): Ulmer The following fiscal note applies to HB 395: Zero fiscal note, Dept. of Administration, 2/15/94 HB 395 was referred to the Judiciary Committee. HB 398 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 398 "An Act relating to rights in certain tide and submerged land." and recommends it be replaced with: CS FOR HOUSE BILL NO. 398(CRA) "An Act relating to conveyance of certain land to municipalities." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (4): Sanders, Bunde, Toohey, Olberg No recommendation (2): Willis, Williams The following fiscal note applies to CSHB 398(CRA): Zero fiscal note, Dept. of Natural Resources, 2/15/94 HB 398 was referred to the Resources Committee. HB 406 The State Affairs Committee has considered: 1994-02-15 House Journal Page 2406 HB 406 HOUSE BILL NO. 406 "An Act relating to municipal sales and use taxes involving air carriers; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, Sanders, G.Davis No recommendation (1): Olberg The following fiscal notes apply to HB 406: Zero fiscal note, Dept. of Revenue, 2/15/94 Zero fiscal note, Dept. of Community & Regional Affairs, 2/15/94 HB 406 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Commemorating - Developmental Disabilities Awareness Month By Representatives Ulmer, Hudson; Senators Ellis, Duncan In Memoriam - L.N. "Larry" Carson By Senators Taylor, Kerttula, Zharoff CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 58 The following, which was advanced to third reading from the February 14, 1994, calendar (page 2387), was read the third time: CS FOR HOUSE BILL NO. 58(FIN) am "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska; and providing for an effective date." 1994-02-15 House Journal Page 2407 HB 58 Representative Grussendorf placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall CSHB 58(FIN) am pass the House? The roll was taken with the following result: CSHB 58(FIN) am Third Reading Final Passage YEAS: 23 NAYS: 15 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Davies, B.Davis And so, CSHB 58(FIN) am passed the House. 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: CSHB 58(FIN) am Third Reading Effective Dates YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-02-15 House Journal Page 2408 HB 58 Nays: Brice, Brown, Carney, Davidson, Finkelstein, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Davies, B.Davis And so, lacking the necessary 27 votes, the effective date clauses were not adopted. Representative Phillips gave notice of reconsideration of her vote on CSHB 58(FIN) am (efd fld). 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 - Turnagain Community Council's Curb-side Recycling Program By Representatives Toohey, Bunde, Finkelstein, Green, James, Mackie, MacLean, Menard, Navarre, Nordlund, Ulmer, Willis In Memoriam - Annie L. Hotch By Senator Zharoff; Representatives Mackie, Bunde, Foster, James, MacLean, Menard, Nicholia, Ulmer, Williams In Memoriam - Darrell F. Chaffin By Senator Zharoff; Representatives Bunde, Foster, James, Mackie, MacLean, Menard, Nicholia UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Williams - from 10:40 a.m., February 18 to 10:00 p.m., plane time, February 21, 1994 Representative Bunde - from 7:05 p.m., February 17 to 8:15 p.m., plane time, February 21, 1994 1994-02-15 House Journal Page 2409 There being no objection, it was so ordered. * * * * The House recognized the death of a former member, Larry Carpenter. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber Upon adj., 2/15 Finance Committee Capitol 519 Upon adj. of Majority (TIME CHANGE) Caucus, 2/15 Anchorage Caucus Capitol 518 8:00 a.m., 2/17 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 16, 1994. There being no objection, the House adjourned at 2:50 p.m. Suzi Lowell Chief Clerk