Legislature(1993 - 1994)
1994-02-22 House Journal
Full Journal pdf1994-02-22 House Journal Page 2471 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday February 22, 1994 Forty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:07 a.m. Roll call showed 37 members present. Representative Menard had been previously excused from a call of the House today. Representative Grussendorf had been previously excused from a call of the House to 1:45 p.m., plane time, today. Representative B.Davis was excused from a call of the House from today to February 28, 1994 due to medical reasons. The invocation was offered by the Chaplain, Reverend Herbert McMurtry of the Holy Trinity Episcopal Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, You have brought us to the beginning of this new day. Grant us, we pray, to have a right judgement in all things, that our deliberations may be carried out with charity, vision and singleness of purpose. When the day is done, may we have the testimony of a good conscience in the knowledge that we have served each other and our state with our best endeavor." The Pledge of Allegiance was led by Representative Larson. 1 1994-02-22 House Journal Page 2472 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 39th, 40th, 41st and 42nd legislative days, House Journal Supplement No. 11 and House & Senate Joint Journal Supplement No. 16 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS The following audit reports are on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget and Audit Committee Board of Governors of the Alaska Bar Association November 17, 1993 Dept. of Commerce & Economic Development Board of Barbers and Hairdressers November 5, 1993 Board of Veterinary Examiners December 3, 1993 Board of Certified Real Estate Appraisers January 10, 1994 Dept. of Education Performance and Operations of Regional Resource Centers November 21, 1993 Dept. of Environmental Conservation Hazardous Substance Spill Technology Review Council November 29, 1993 Dept. of Health & Social Services Permanent Fund Dividend Hold Harmless Program October 4, 1993 1994-02-22 House Journal Page 2473 Dept. of Revenue Alcoholic Beverage Control Board December 3, 1993 University of Alaska Unit Cost Analysis and Selected Operational Aspects November 15, 1993 Health Care Benefits January 5, 1994 REPORTS OF STANDING COMMITTEES HB 331 The Judiciary Committee has considered: HOUSE BILL NO. 331 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Phillips, James, Kott, Green No recommendation (1): Nordlund The following fiscal notes apply to HB 331: Fiscal notes (2), Dept. of Health & Social Services, 2/22/94 Zero fiscal note, Dept. of Revenue, 2/22/94 HB 331 was referred to the Finance Committee. HB 415 The Judiciary Committee has considered: 1994-02-22 House Journal Page 2474 HB 415 HOUSE BILL NO. 415 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 415(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, James, Porter, Phillips, Nordlund, Davidson The following fiscal note applies to CSHB 415(JUD): Zero fiscal note, Dept. of Law, 2/22/94 A sectional analysis of the bill, prepared by David R. Dierdorff, Revisor of Statutes, will be published today in House Journal Supplement No. 12. HB 415 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HJR 51 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE JOINT RESOLUTION NO. 51 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia; and requesting the other states to join in this suit. 1994-02-22 House Journal Page 2475 HJR 51 and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 51(MLV) (same title) The report was signed by Representative Mulder, Chair, with the following individual recommendations: Do pass (3): Mulder, Kott, Foster No recommendation (1): Navarre The following fiscal note applies to CSHJR 51(MLV): Indeterminate fiscal note, Dept. of Law, 2/22/94 HJR 51 was referred to the State Affairs Committee. HB 448 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 448 "An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 448(FSH) (same title) The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (2): Moses, Olberg No recommendation (1): Nicholia 1994-02-22 House Journal Page 2476 HB 448 The following fiscal note applies to CSHB 448(MLV): Zero fiscal note, Dept. of Fish & Game, 2/4/94 HB 448 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Black History Month By Representative B.Davis Honoring - Play 'N Learn, Inc., for "20 Years of Caring" By Representatives Davies, James; Senators Frank, Miller Honoring - Paul McCarthy By Representatives Davies, Phillips, Sitton, James, Vezey; Senators Frank, Miller, Sharp Honoring - Alaska Winter Special Olympics By Representatives Ulmer, Hoffman, Hudson; Senators Ellis, Duncan Honoring - Ben Maxon, 1993 Alaska EMS Educator of the Year By Representative Phillips Honoring - The City of Homer on its 30th Anniversary By Representative Phillips In Memoriam - Winifred A. Chambers By Representative Phillips In Memoriam - Wesley E. Warren By Representative Phillips 1994-02-22 House Journal Page 2477 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 266 The following was read the second time: HOUSE BILL NO. 266 "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 3DP 4NR 2151 -ZERO FISCAL NOTE (DCED) 1/26/94 2151 RES RPT CS(L&C) 8DP 1NR 2279 -PREVIOUS ZERO FN (DCED) 1/26/94 2279 FIN REFERRAL WAIVED 2388 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. 266(L&C) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 266(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 266(L&C) was read the third time. 1994-02-22 House Journal Page 2478 HB 266 The question being: "Shall CSHB 266(L&C) pass the House?" The roll was taken with the following result: CSHB 266(L&C) Third Reading Final Passage YEAS: 32 NAYS: 5 EXCUSED: 3 ABSENT: 0 Yeas: Brice, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Barnes, Brown, Hoffman, MacLean, Vezey Excused: B.Davis, Grussendorf, Menard And so, CSHB 266(L&C) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 266(L&C) was referred to the Chief Clerk for engrossment. HB 327 The following was read the second time: HOUSE BILL NO. 327 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." with the: Journal Page HES RPT 4DP 2NR 2236 -ZERO FISCAL NOTE (DCED) 2/3/94 2237 FIN RPT 8DP 1NR 2402 -PREVIOUS ZERO FISCAL NOTE (DCED) 2/3/94 2403 1994-02-22 House Journal Page 2479 HB 327 Representative Phillips moved and asked unanimous consent that HB 327 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 327 was read the third time. The question being: "Shall HB 327 pass the House?" The roll was taken with the following result: HB 327 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Grussendorf, Menard And so, HB 327 passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 327 was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 31 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week. 1994-02-22 House Journal Page 2480 HCR 31 with the: Journal Page HES RPT 7DP 2401 -ZERO FISCAL NOTE (DHSS) 2/15/94 2401 The question being: "Shall HCR 31 pass the House?" The roll was taken with the following result: HCR 31 Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Grussendorf, Menard Absent: Therriault And so, HCR 31 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 40 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 40(RES) Urging the Congress to amend the Oil Pollution Act of 1990 with respect to the financial responsibility requirements for offshore exploration and production facilities. 1994-02-22 House Journal Page 2481 SJR 40 with the: Journal Page RES RPT 5DP 1NR 2369 -PREVIOUS ZERO FN (S.RES) 1/31/94 2369 Representative Phillips moved and asked unanimous consent that CSSJR 40(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSJR 40(RES) was read the third time. The question being: "Shall CSSJR 40(RES) pass the House?" The roll was taken with the following result: CSSJR 40(RES) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Grussendorf, Menard And so, CSSJR 40(RES) passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS CSHB 386(L&C) The following, which was advanced to third reading from the February 17, 1994, calendar (page 2439), was read the third time: 1994-02-22 House Journal Page 2482 HB 386 CS FOR HOUSE BILL NO. 386(L&C) "An Act relating to the retirement rights of temporary hourly employees hired by the legislature." The Speaker invoked Mason's Manual, Section 102. The question being: "Shall CSHB 386(L&C) pass the House? The roll was taken with the following result: CSHB 386(L&C) Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, Larson, Sanders, Sitton, Ulmer, Willis Excused: B.Davis, Grussendorf, Menard Ulmer changed from "Yea" to "Nay". And so, CSHB 386(L&C) passed the House. Representative Ulmer gave notice of reconsideration of her vote on CSHB 386(L&C). HB 368 The following which was held in third reading from the February 17, 1994, calendar (page 2442), was read the third 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." 1994-02-22 House Journal Page 2483 HB 368 The question being: "Shall HB 368 pass the House? The roll was taken with the following result: HB 368 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Grussendorf, Menard And so, HB 368 passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HB 368 was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Donald William Kron, Eagle Scout By Representatives Hanley, Barnes, Bunde, Carney, Davies, B.Davis, Green, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Willis Honoring - Louis Nelson Sr., Kobuk 220 Winner, 1994 By Representatives MacLean, Brice, Bunde, Davies, B.Davis, James, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Sanders, Sitton, Ulmer, Willis; Senator Adams 1994-02-22 House Journal Page 2484 Honoring - Special Olympics Torch Run By Representatives Ulmer, Hudson, Brice, Brown, Davies, Hanley, James, Menard, Mulder, Navarre, Phillips, Sitton; Senators Ellis, Duncan In Memoriam - E.J. "Ernie" Haugen By Senators Taylor, Kerttula; Representatives Martin, Grussendorf, Barnes, Brown, Bunde, Carney, B.Davis, Hanley, Hoffman, Hudson, James, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sanders, Sitton, Ulmer, Willis In Memoriam - Sargent M. Tunohun By Senator Zharoff; Representatives James, Menard UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Bunde - from 7:00 p.m., March 3 to 8:15 p.m., plane time, March 6, 1994 Representative Green - from 7:00 a.m., March 4 to 10:00 p.m., plane time, March 8, 1994 Representative Larson - from 7:00 p.m., February 24 to 10:00 a.m., plane time, February 28, 1994 Representative Parnell - from 7:00 a.m., March 7 to 8:00 p.m., plane time, March 8, 1994 Representative Ulmer - from 6:30 a.m., March 3 to 8:00 p.m., plane time, March 5, 1994 There being no objection, it was so ordered. HJR 51 The Speaker added a Finance Committee referral to follow the State Affairs Committee referral for the following: 1994-02-22 House Journal Page 2485 HJR 51 HOUSE JOINT RESOLUTION NO. 51 Requesting the governor to file suit in the United States Supreme Court against the United States government alleging violations of the civil rights of Americans listed as prisoners of war or missing in action in Southeast Asia; and requesting the other states to join in this suit. HJR 51 is in the State Affairs Committee. HB 397 The Speaker again referred the following bill, which is currently in the Rules Committee, to the Finance Committee: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 "An Act relating to the power to levy property taxes in second class cities and to combining a property tax and incorporation question." SSHB 397 was removed from the Rules Committee and returned to the Finance Committee. HCR 31 Representative Green added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 31 Relating to Alcohol-Related Birth Defects Awareness Week. HB 405 Representative Green deleted his name as cosponsor to: HOUSE BILL NO. 405 "An Act establishing and relating to the Alaska Information Network Corporation; relating to the Telecommunications Information Council; and relating to the state's information industry; and providing for an effective date." SJR 40 Representatives Hanley and Green added their names as cross-sponsors to: 1994-02-22 House Journal Page 2486 SJR 40 CS FOR SENATE JOINT RESOLUTION NO. 40(RES) Urging the Congress to amend the Oil Pollution Act of 1990 with respect to the financial responsibility requirements for offshore exploration and production facilities. ENGROSSMENT HCR 31 HCR 31 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 266 CSHB 266(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 327 HB 327 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 368 HB 368 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. Transportation Committee Capitol 17 5:00 p.m., 2/22 (CANCELED) ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 23, 1994. There being no objection, the House adjourned at 12:03 p.m. Suzi Lowell Chief Clerk