Legislature(1993 - 1994)

1994-02-16 House Journal

Full Journal pdf

1994-02-16                     House Journal                      Page 2411
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday         February 16, 1994         
                                                                               
                                                                               
                              Thirty-eighth Day                              
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:14 a.m.                                                           
                                                                               
Roll call showed 38 members present.  Representative B.Davis had               
been previously excused from a call of the House today.                        
Representative Davidson was absent.                                            
                                                                               
The invocation was offered by the Chaplain, Reverend David Horn of             
the Faith Lutheran Church.  Representative Menard moved and asked              
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"`Providence has at all times been my only dependence, for all                
other resources seem to have failed us.'                                       
                                                                               
										George Washington                                                   
                                                                               
`I have been driven many times to my knees by the                             
overwhelming conviction that I had nowhere else to go.'                        
                                                                               
										Abraham Lincoln                                                     
                                                                               
It was not tradition or protocol, O Lord, that brought the great              
statesmen of the past before You in prayer, but their great                    
need.  It is the same for us.  Because of our great need, we                   
stand before You so very briefly to ask Your help, for indeed,                 
all other resources will fail us and there is nowhere else to go               
but to You.  Be with us, we pray.  And whatever You do,                        
Lord, please do not return to us as we have given to You.                      
Amen."                                                                         
                                                                               
                                       1                                       

1994-02-16                     House Journal                      Page 2412
The Pledge of Allegiance was led by Representative Mulder.                     
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 37th legislative day be approved as certified by the           
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated February 15, 1994, was read stating the Senate has             
passed the following and it is transmitted for consideration:                  
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
                                                                               
SB 160                                                                       
SENATE BILL NO. 160 by Senator Taylor by request, entitled:                    
                                                                               
"An Act relating to memorial scholarship loans."                              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HB 184                                                                       
The Finance Committee has considered:                                          
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 184                                     
"An Act making a special appropriation to the Department of                   
Transportation and Public Facilities to determine the cost of                  
acquiring real property within the right-of-way of the proposed                
extension of the Alaska Railroad from Eielson Air Force Base to                
the Alaska-Canada border; and providing for an effective date."                
                                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               

1994-02-16                     House Journal                      Page 2413
HB 184                                                                       
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
184(FIN)                                                                       
(same title)                                                                  
                                                                               
The report was signed by Representative Larson, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (5):  Larson, Martin, Parnell, Therriault, Foster                      
                                                                               
No recommendation (4):  Brown, Hanley, Grussendorf, Navarre                    
                                                                               
SSHB 184 was referred to the Rules Committee for placement on the              
calendar.                                                                      
                                                                               
                                                                               
HB 363                                                                       
The State Affairs Committee has considered:                                    
                                                                               
 HOUSE BILL NO. 363                                                           
"An Act repealing an additional fee for motor vehicle registration            
not conducted by mail."                                                        
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 363(STA)                                                
"An Act relating to motor vehicle registration fees; and providing            
for an effective date."                                                        
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2):  Kott, Olberg                                                     
                                                                               
No recommendation (3):  Vezey, Sanders, G.Davis                                
                                                                               
The following fiscal notes apply to CSHB 363(STA):                             
                                                                               
Fiscal notes (2), Dept. of Public Safety, 2/16/94                              
                                                                               
HB 363 was referred to the Finance Committee.                                  
                                                                               

1994-02-16                     House Journal                      Page 2414
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Service High School Lady Cougar Basketball Team                     
By Representative Green                                                        
                                                                               
Honoring - Superintendent Robert Holmes, Kenai Peninsula School                
District                                                                      
By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little           
                                                                               
Honoring - Chugiak Mustangs Girls Basketball Team, 1994 4-A State              
Champions                                                                     
By Representatives Willis, Carney, Kott; Senators Phillips, Halford            
                                                                               
Honoring - Janelle Canady, 1994 Fur Rendezvous Queen                           
By Representatives Willis, Carney; Senators Halford, Phillips                  
                                                                               
Honoring - Anchorage Neighborhood Housing Services, Inc. for the               
	Loussac-Sogn Historic Renovation                                              
By Senator Ellis;                                                              
                                                                               
and the following was taken up later as a Special Order of Business:           
                                                                               
Honoring - Dr. Sheila E. Widnall, Secretary of the Air Force                   
By Representative Mulder                                                       
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
                                                                               
HB 504                                                                       
HOUSE BILL NO. 504 by the House Special Committee on Military                  
& Veterans' Affairs, entitled:                                                 
                                                                               
"An Act relating to sale of alcoholic beverages to military                   
personnel who are guests in certain clubs."                                    
                                                                               
was read the first time and referred to the House Special Committee            
on Military & Veterans' Affairs and the State Affairs Committee.               

1994-02-16                     House Journal                      Page 2415
HB 505                                                                       
HOUSE BILL NO. 505 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act making appropriations to and from the constitutional                  
budget reserve fund under art. IX, sec. 17(c), Constitution of the             
State of Alaska, for operating and capital expenses of state                   
government for fiscal year 1994; and providing for an effective                
date."                                                                         
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
The Governor's transmittal letter, dated February 16, 1994, appears            
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill necessary for the state to comply with the January         
27, 1994, order of the Alaska Supreme Court in Hickel v. Halford, the      
litigation concerning the constitutional budget reserve fund.  This bill     
appropriates money from the general fund to fully restore the                  
constitutional budget reserve fund as required by the court's order.  In       
addition, it appropriates money from the constitutional budget reserve         
fund to the general fund to provide valid funding sources for fiscal           
year 1994 appropriations.  The enactment of this bill is essential for         
two reasons:  it ensures that the state is in compliance with the order        
of the Alaska Supreme Court, and it provides finality with regard to           
the validity of fiscal year 1994 appropriations.                              
                                                                               
The bill sets out findings concerning the constitutional budget reserve       
fund and the litigation on this issue.  That litigation resulted in an         
order of the Alaska Supreme Court that the governor restore the                
constitutional budget reserve fund, with interest.  The amount required        
to restore that fund consistent with the court's interpretation is             
$945,636,778.27, plus income that would have been earned upon                  
investment of this money, calculated from the date of receipt by the           
state.  The bill makes appropriations necessary to accomplish this.            
                                                                               
                                                                               

1994-02-16                     House Journal                      Page 2416
HB 505                                                                       
The enactment of this bill is essential to the State of Alaska.  If            
enacted into law, the bill will bring the state into compliance with the       
order of the Alaska Supreme Court.  By making appropriations from              
the constitutional budget reserve fund, the bill provides valid funding        
sources for fiscal year 1994 appropriations.                                   
                                                                               
                                                                               
This bill accomplishes these goals in a manner that provides finality.         
For these reasons, I strongly urge your support for this bill.                 
                                                                               
						Sincerely,                                                               
                                                                               
						/s/                                                                      
                                                                               
						Walter J. Hickel                                                         
						Governor"                                                                
                                                                               
                                                                               
HB 506                                                                       
HOUSE BILL NO. 506 by the House Health, Education & Social                     
Services Committee by request, entitled:                                       
                                                                               
"An Act relating to student loans; to sanctions for defaulting on a           
student loan, including denial of a state occupational license or              
disbursement of state money; and providing for an effective date."             
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Labor & Commerce and Finance Committees.                             
                                                                               
                                                                               
HB 507                                                                       
HOUSE BILL NO. 507 by the House Health, Education & Social                     
Services Committee by request, entitled:                                       
                                                                               
"An Act relating to licensure by the State Medical Board and                  
temporary permits for certain optometrists."                                   
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Labor & Commerce Committees.                                      

1994-02-16                     House Journal                      Page 2417
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 374                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 374                                                            
"An Act relating to reimbursable service agreements and other                 
agreements between state agencies for the purchase of services."               
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT  CS(FIN) 9DP                                             2237         
	-2 ZERO FISCAL NOTES (ADM, GOV) 2/3/94                           2238         
                                                                               
                                                                               
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. 374(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 374(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 374(FIN) was read the third time.                                         
                                                                               
                                                                               
The question being:  "Shall CSHB 374(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 374(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                              
                                                                               

1994-02-16                     House Journal                      Page 2418
HB 374                                                                       
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davies, 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            
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Davidson                                                              
                                                                               
                                                                               
And so, CSHB 374(FIN) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
[Comment: #]                                                                   
**The presence of Representative Davidson was noted.                           
                                                                               
HB 368                                                                       
The following was read the second time:                                        
                                                                               
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."                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  4DP 1NR                                                 2404         
	-ZERO FISCAL NOTE (REV) 2/15/94                                  2404         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HB
368 be considered engrossed, advanced to third reading and placed on           
final passage.                                                                 
                                                                               
                                                                               
Representative Ulmer objected.                                                 
                                                                               
                                                                               
The question being:  "Shall HB 368 be advanced to third reading on             
the same day?"  The roll was taken with the following result:                  

1994-02-16                     House Journal                      Page 2419
HB 368                                                                       
                                                                               
HB 368                                                                         
Second Reading                                                                 
Advance to Third Reading                                                       
                                                                               
YEAS:  26   NAYS:  13   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson,           
James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund,                 
Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
Nays:  Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf,              
Hoffman, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis                      
                                                                               
Excused:  B.Davis                                                              
                                                                               
And so, lacking the necessary 30 votes, HB 368 failed to advance and           
will be in third reading on tomorrow's calendar.                               
                                                                               
HB 132                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 132                                                            
"An Act extending the time period of all permits issued by the                
state relating to the extraction or removal of resources if the holder         
of the permits is involved in litigation concerning the issuance or            
validity of any permit related to the extraction or removal."                  
                                                                               
with the:                                                 Journal Page         
                                                                               
	RES RPT  CS(RES) NEW TITLE 5DP 2NR                                848         
	-ZERO FISCAL NOTE  (DNR) 3/30/93                                  848         
	JUD RPT  CS(JUD)  NEW TITLE  4DP 1NR                             1348         
	-PREVIOUS ZERO FN (DNR)  3/30/93                                 1349         
	FIN RPT  CS(FIN) NEW TITLE  10DP  1NR                            2306         
	-4 ZERO FNS (DNR,F&G,DCED,DEC) 2/9/94                            2307         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1994-02-16                     House Journal                      Page 2420
HB 132                                                                       
CS FOR HOUSE BILL NO. 132(FIN)                                                
"An Act extending the time period of permits issued by the                    
Department of Environmental Conservation, the Department of                    
Fish and Game, and the Department of Natural Resources relating                
to the extraction or removal of resources if the permittee, or an              
agency issuing a permit to the permittee, is involved in                       
administrative or judicial proceedings concerning the issuance or              
validity of a permit related to the extraction or removal of                   
resources, and the permittee is unwilling to engage in the resource            
extraction or removal activity due to the proceedings."                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Finkelstein:                     
                                                                               
Page 2, line 4:                                                                
                                                                               
	Delete "unwilling"                                                            
                                                                               
	Insert "unable"                                                               
                                                                               
Page 2, line 14:                                                               
                                                                               
	Delete "unwilling"                                                            
                                                                               
	Insert "unable"                                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Brice objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 132(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  7   NAYS:  32   EXCUSED:  1   ABSENT:  0                              

1994-02-16                     House Journal                      Page 2421
HB 132                                                                       
Yeas:  Brown, Carney, Finkelstein, Menard, Navarre, Nicholia,                  
Nordlund                                                                       
                                                                               
Nays:  Barnes, Brice, Bunde, Davidson, Davies, G.Davis, Foster,                
Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson,              
Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips,             
Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams,           
Willis                                                                         
                                                                               
Excused:  B.Davis                                                              
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Finkelstein:                     
                                                                               
Page 1, line 1: (title amendment)                                              
                                                                               
	Delete "extending"                                                          
                                                                               
	Insert "permitting extension of"                                            
                                                                               
Page 2, line 2:                                                                
                                                                               
	Delete "shall"                                                                
                                                                               
	Insert "may"                                                                  
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Brice objected.                                                 
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 132(FIN)                                                                  
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  6   NAYS:  33   EXCUSED:  1   ABSENT:  0                              

1994-02-16                     House Journal                      Page 2422
HB 132                                                                       
Yeas:  Brown, Carney, Davidson, Finkelstein, Nordlund, Willis                  
                                                                               
Nays:  Barnes, Brice, Bunde, Davies, G.Davis, Foster, Green,                   
Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie,             
MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg,             
Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer,         
Vezey, Williams                                                                
                                                                               
Excused:  B.Davis                                                              
                                                                               
And so, Amendment No. 2 was not adopted.                                       
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 132(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 132(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 132(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 132(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  1   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
G.Davis, 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:  Finkelstein                                                             
                                                                               
Excused:  B.Davis                                                              
                                                                               
And so, CSHB 132(FIN) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               

1994-02-16                     House Journal                      Page 2423
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 30                                                                       
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 30                                            
	Relating to the twenty-sixth annual Girls' State.                             
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  7DP                                                     2337         
	-ZERO FISCAL NOTE (H.STA) 2/11/94                                2337         
                                                                               
The question being:  "Shall HCR 30 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HCR 30                                                                         
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, Davidson, Davies, 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            
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Brice                                                                 
                                                                               
And so, HCR 30 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
HJR 50                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 50                                                 
Relating to the North Pacific Fishery Management Council                      
comprehensive rationalization plan.                                            
                                                                               

1994-02-16                     House Journal                      Page 2424
HJR 50                                                                       
with the:                                                 Journal Page         
                                                                               
	FSH RPT  3DP                                                     2214         
	-ZERO FISCAL NOTE (H.FSH) 2/2/94                                 2215         
	RES RPT  CS(RES)  5DP 2NR                                        2337         
	-PREVIOUS ZERO FISCAL NOTE (H.FSH)2/2/94                         2338         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original              
resolution:                                                                    
                                                                               
CS FOR HOUSE JOINT RESOLUTION NO. 50(RES)                                     
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHJR 50(RES) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHJR 50(RES) was read the third time.                                         
                                                                               
The question being:  "Shall CSHJR 50(RES) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHJR 50(RES)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
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                                                                         
                                                                               
Excused:  B.Davis                                                              
                                                                               

1994-02-16                     House Journal                      Page 2425
HJR 50                                                                       
And so, CSHJR 50(RES) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SCR 4                                                                        
The reconsideration of the following, which had been held to today's           
calendar (page 2388), was again before the House:                              
                                                                               
SENATE CONCURRENT RESOLUTION NO. 4 am H                                       
Relating to the Alaska Supreme Court's interpretation of Alaska               
Rule of Civil Procedure 82 and requesting that the court modify                
its interpretation of that rule.                                               
                                                                               
                                                                               
The question to be reconsidered:  "Shall SCR 4 am H pass the                   
House?"  The roll was taken with the following result:                         
                                                                               
SCR 4 am H--RECONSIDERATION                                                    
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  6   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davies, G.Davis, Foster, Green,           
Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie,             
MacLean, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell,             
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams,        
Willis                                                                         
                                                                               
Nays:  Brown, Davidson, Finkelstein, Navarre, Nordlund, Ulmer                  
                                                                               
Excused:  B.Davis                                                              
                                                                               
Navarre changed from "yea" to "nay"                                            
                                                                               
                                                                               
And so, SCR 4 am H passed the House on reconsideration and was                 
referred to the Chief Clerk for engrossment.                                   

1994-02-16                     House Journal                      Page 2426
                            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:                   
                                                                               
Commemorating - Developmental Disabilities Awareness Month                     
By Representatives Ulmer, Hudson, Brice, Brown, Bunde, Davies,                 
Finkelstein, Grussendorf, Hanley, James, MacLean, Menard, Navarre,             
Nicholia, Nordlund, Parnell; Phillips, Larson, Willis; Senators Ellis,         
Duncan                                                                         
                                                                               
In Memoriam - L.N. "Larry" Carson                                              
By Senators Taylor, Kerttula, Zharoff; Representatives Mackie, Barnes,         
Bunde, James, MacLean, Menard                                                  
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following citation be taken up as a Special Order of Business at this          
time:                                                                          
                                                                               
Honoring - Dr. Sheila E. Widnall, Secretary of the Air Force                  
By Representatives Mulder, Brice, Hanley, James, Kott, Mackie,                
Menard, Navarre, Parnell, Phillips, Toohey, Ulmer, Willis                      
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House approve the citation.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The citation was sent to enrolling.                                            
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 58                                                                        
Representative Larson brought up reconsideration of the vote on CSHB
58(FIN) am (efd fld) (page 2408).                                              
                                                                               
The following was again before the House in third reading:                     

1994-02-16                     House Journal                      Page 2427
HB 58                                                                        
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."                                                            
                                                                               
                                                                               
Representative Larson moved and asked unanimous consent that CSHB
58(FIN) am be returned to second reading for the specific purpose of           
considering Amendment No. 4.                                                   
                                                                               
Representative Navarre objected.                                               
                                                                               
                                                                               
The question being:  "Shall CSHB 58(FIN) am be returned to second              
reading?"  The roll was taken with the following result:                       
                                                                               
                                                                               
CSHB 58(FIN) am - RECONSIDERATION                                              
Third Reading                                                                  
Return to Second for Amendment No. 4                                           
                                                                               
YEAS:  28   NAYS:  11   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard,                  
Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders,           
Sitton, Therriault, Toohey, Vezey, Williams                                    
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, Finkelstein, Hoffman,           
Navarre, Nicholia, Ulmer, Willis                                               
                                                                               
Excused:  B.Davis                                                              
                                                                               
                                                                               
And so, CSHB 58(FIN) am was returned to second reading.                        
                                                                               
                                                                               
Amendment No. 4 was offered  by Representative Larson:                          
                                                                               
Page 2, line 24, add a new section to read:                                    
                                                                               

1994-02-16                     House Journal                      Page 2428
HB 58                                                                        
"* Sec. 2.  The provisions of sec. 1 of this Act are declaratory of         
existing law and represent the intent of the legislature when the              
Sixteenth Alaska State Legislature passed Senate Joint Resolution              
No. 5 (HCS CSSSSJR 5(FIN) am H), proposing an amendment to                     
art. IX, Constitution of the State of Alaska, creating the budget              
reserve fund in 1990."                                                         
                                                                               
Renumber any remaining sections accordingly.                                  
                                                                               
Representative Larson moved and asked unanimous consent that                   
Amendment No. 4 be adopted.                                                    
                                                                               
Representative Navarre objected.                                               
                                                                               
Amendment to Amendment No. 4 was offered  by Representative                     
Finkelstein:                                                                   
                                                                               
Line 2 of new section, after "represent":                                      
                                                                               
Insert "the intent of the Eighteenth Legislature in regard to"                
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
Amendment to Amendment No. 4 be adopted.                                       
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
                                                                               
The question being:  "Shall the amendment to Amendment No. 4 be                
adopted?"  The roll was taken with the following result:                       
                                                                               
CSHB 58(FIN) am - RECONSIDERATION                                              
Second Reading                                                                 
Amendment to Amendment No. 4                                                   
                                                                               
YEAS:  15   NAYS:  23   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, Finkelstein,                    
Grussendorf, Hoffman, Mackie, Navarre, Nicholia, Nordlund, Sitton,             
Ulmer, Willis                                                                  
                                                                               

1994-02-16                     House Journal                      Page 2429
HB 58                                                                        
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                 
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Menard                                                                
                                                                               
And so, the amendment to Amendment No. 4 was not adopted.                      
                                                                               
The question being:  "Shall Amendment No. 4 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 58(FIN) am - RECONSIDERATION                                              
Second Reading                                                                 
Amendment No. 4                                                                
                                                                               
YEAS:  22   NAYS:  16   EXCUSED:  1   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Hanley, Hudson, James, Kott,            
Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips,             
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, Finkelstein, Green,             
Grussendorf, Hoffman, Mackie, Navarre, Nicholia, Nordlund, Sitton,             
Ulmer, Willis                                                                  
                                                                               
Excused:  B.Davis                                                              
                                                                               
Absent:  Menard                                                                
                                                                               
And so, Amendment No. 4 was adopted.                                           
                                                                               
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
Representative Navarre rose to a point of order regarding the relevance        
of the debate.                                                                 
                                                                               
The Speaker allowed the debate to continue.                                    
                                                                               

1994-02-16                     House Journal                      Page 2430
HB 58                                                                        
Representative Navarre rose to a point of order, stating that a point of       
order is only germane at the time it is made.                                  
                                                                               
The Speaker extended the latitude of the debate.                               
                                                                               
Representative Vezey rose to a point of order regarding the discussion         
of the motives of a member.                                                    
                                                                               
The Speaker cautioned the member to proceed in order.                          
                                                                               
The Speaker invoked Mason's Manual, section 102.                               
                                                                               
The question to be reconsidered:  "Shall CSHB 58(FIN) am pass the              
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 58(FIN) am - RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  23   NAYS:  16   EXCUSED:  1   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, Davies, Finkelstein,                    
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
Excused:  B.Davis                                                              
                                                                               
And so, CSHB 58(FIN) am passed the House on reconsideration.                   
                                                                               
The Speaker lifted the call of the House.                                      
                                                                               
Representative Mackie placed a call of the House.                              
                                                                               
Representative Phillips moved the effective date clauses.                      
                                                                               
The call was satisfied.                                                        
                                                                               

1994-02-16                     House Journal                      Page 2431
HB 58                                                                        
The question being:  "Shall the effective date clauses be adopted?"            
The roll was taken with the following result:                                  
                                                                               
CSHB 58(FIN) am - RECONSIDERATION                                              
Third Reading                                                                  
Effective Dates                                                                
                                                                               
YEAS:  23   NAYS:  16   EXCUSED:  1   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, Davies, Finkelstein,                    
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
                                                                               
Excused:  B.Davis                                                              
                                                                               
                                                                               
And so, the effective date clauses were not adopted.                           
                                                                               
CSHB 58(FIN) am (efd fld) was referred to the Chief Clerk for                  
engrossment.                                                                   
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following member be excused from a call of the House as noted:                 
                                                                               
Representative Grussendorf - from 6:45 p.m., February 16 to 1:45 p.m.,         
plane time, February 22, 1994                                                  
                                                                               
Representative Mackie placed a call of the House and lifted the call.          
                                                                               
There being no further objection, it was so ordered.                           
                                                                               

1994-02-16                     House Journal                      Page 2432
HB 329                                                                       
Representative Mulder added his name as cosponsor to:                          
                                                                               
HOUSE BILL NO. 329                                                            
"An Act relating to the location of the convening of the legislature          
in regular session."                                                           
                                                                               
                                                                               
SB 54                                                                        
Representative Kott added his name as cross-sponsor to:                        
                                                                               
CS FOR SENATE BILL NO. 54(FIN)                                                
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to records              
of those offenses, and to incarceration of juveniles who have been             
charged, prosecuted, or convicted as adults; and providing for an              
effective date."                                                               
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HCR 30                                                                       
HCR 30 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HJR 50                                                                       
CSHJR 50(RES) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
HB 58                                                                        
CSHB 58(FIN) am (efd fld) was engrossed, signed by the Speaker and             
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
HB 132                                                                       
CSHB 132(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
HB 374                                                                       
CSHB 374(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               

1994-02-16                     House Journal                      Page 2433
SCR 4                                                                        
SCR 4 am H was engrossed, signed by the Speaker and Chief Clerk                
and transmitted to the Senate for consideration.                               
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Judiciary Committee               Capitol 120          1:15 p.m., 2/16         
  Presentation by Kimberly                                                     
  Martus of the AK Native                                                      
  Judicial Center                                                              
                                                                               
Technical Session                                     11:00 a.m., 2/18         
                                                                               
No Floor Session                                                               
  on President's Day                                              2/21         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., February 17, 1994.  There being no             
objection, the House adjourned at 12:47 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk