Legislature(1993 - 1994)

1994-02-23 House Journal

Full Journal pdf

1994-02-23                     House Journal                      Page 2489
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday         February 23, 1994         
                                                                               
                                                                               
                               Forty-fifth Day                               
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:14 a.m.                                                           
                                                                               
Roll call showed 36 members present.  Representatives Davidson,                
B.Davis and Menard had been previously excused from a call of the              
House today.  Representative MacLean was absent.                               
                                                                               
The invocation was offered by the Chaplain, Reverend Laura Minnich             
Lockey 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:                      
                                                                               
"O God, to whom all time, space, power and authority belong;                  
grant unto the leaders of this state the wisdom to govern with                 
justice and mercy, that Your people may live in peace and                      
harmony without fear or threat.  Keep us mindful that we are                   
stewards for Your people; open our hearts to have compassion                   
and be responsive to the needs of others.  In Your Holy name                   
we pray.  Amen."                                                               
                                                                               
The Pledge of Allegiance was led by Representative Mackie.                     
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 44th legislative day and House Journal Supplement No.          
12 be approved as certified by the Chief Clerk.  There being no                
objection, it was so ordered.                                                  
                                                                               
                                       1                                       

1994-02-23                     House Journal                      Page 2490
                           MESSAGES FROM THE SENATE                          
                                                                               
HJR 30                                                                       
A message dated February 22, 1994, was read stating the Senate has             
passed the following:                                                          
                                                                               
HOUSE JOINT RESOLUTION NO. 30                                                 
Relating to epidemiological and quarantine services in ports of               
entry in the state.                                                            
                                                                               
HJR 30 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
                                                                               
A message dated February 22, 1994, was read stating the Senate has             
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
SB 238                                                                       
CS FOR SENATE BILL NO. 238(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act establishing a procedure for review of proposed projects              
under the Alaska coastal management program, and relating to                   
petitions for compliance with and enforcement of district coastal              
management programs under that program and to the disposition                  
of those petitions."                                                           
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following report is on file in the Chief Clerk's office and a copy         
was distributed to each member:                                                
                                                                               
Office of the Ombudsman                                                       
Annual Report for 1993                                                        
(as required by AS 24.55.230)                                                 

1994-02-23                     House Journal                      Page 2491
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
HCR 28                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 28                                            
Relating to requesting the Governor to direct the Attorney General            
to undertake all available means to have the partial settlements               
agreed to by the state in Cleary v. Smith and the court orders                 
issued in that case that impose required conditions of confinement             
and continued monitoring and oversight of the correctional system              
by the courts dissolved or modified.                                           
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (2):  Porter, Phillips                                                 
                                                                               
No recommendation (4):  Kott, Green, James, Nordlund                           
                                                                               
The following fiscal note applies to HCR 28:                                   
                                                                               
Zero fiscal note, House Judiciary Committee, 2/23/94                           
                                                                               
HCR 28 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HJR 47                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE JOINT RESOLUTION NO. 47                                                 
Relating to schools on military installations.                                
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (4):  Kott, Vezey, G.Davis, Toohey                                     
                                                                               
No recommendation (2):  Bunde, Nicholia                                        
                                                                               
                                                                               

1994-02-23                     House Journal                      Page 2492
HJR 47                                                                       
The following fiscal note applies to HJR 47:                                   
                                                                               
Zero fiscal note, Dept. of Education, 2/23/94                                  
                                                                               
HJR 47 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 319                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 319                                                            
"An Act relating to the training of law enforcement and                       
corrections officers; to the establishment of surcharges to be                 
assessed for violations of certain traffic offenses; creating the              
Alaska Police Standards Training Fund; and providing for an                    
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 319(JUD)                                                
	(same title)                                                                  
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (6):  James, Kott, Green, Nordlund, Phillips, Porter                   
                                                                               
The following fiscal note applies to CSHB 319(JUD):                            
                                                                               
Fiscal note, Dept. of Public Safety, 2/23/94                                   
                                                                               
                                                                               
HB 319 was referred to the Finance Committee.                                  
                                                                               
                                                                               
HB 323                                                                       
The Judiciary Committee has considered:                                        
                                                                               
HOUSE BILL NO. 323                                                            
"An Act authorizing the Bureau of Vital Statistics to release                 
certain information for the purpose of organ and tissue donations."            

1994-02-23                     House Journal                      Page 2493
HB 323                                                                       
and recommends it be replaced with:                                            
                                                                               
	CS FOR HOUSE BILL NO. 323(JUD)                                                
"An Act relating to the release of certain information for the                
purpose of facilitating anatomical gifts."                                     
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (2):  Porter, Nordlund                                                 
                                                                               
No recommendation (2):  James, Phillips                                        
                                                                               
Amend (2):  Kott, Green                                                        
                                                                               
The following fiscal notes apply to CSHB 323(JUD):                             
                                                                               
Zero fiscal note, Alaska Court System, 2/9/94                                  
Zero fiscal note, Dept. of Health & Social Services, 2/9/94                    
                                                                               
HB 323 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 359                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 359                                                            
"An Act making special appropriations to the Department of                    
Education for construction or upgrade of schools on military                   
installations; and providing for an effective date."                           
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (2):  Kott, Toohey                                                     
                                                                               
No recommendation (4):  Vezey, G.Davis, Bunde, Nicholia                        
                                                                               
HB 359 was referred to the Finance Committee.                                  
                                                                               

1994-02-23                     House Journal                      Page 2494
HB 403                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE BILL NO. 403                                                            
"An Act requiring that automobile liability insurance include                 
coverage for uninsured or underinsured motor vehicles and an                   
offer of policy limits for that coverage equal to coverage                     
voluntarily purchased for bodily injury or death; and providing for            
an effective date."                                                            
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Sitton, Mulder, Hudson                                   
                                                                               
No recommendation (2):  Williams, Green                                        
                                                                               
The following fiscal note applies to HB 403:                                   
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development,                    
2/23/94                                                                        
                                                                               
HB 403 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
HB 429                                                                       
The Health, Education & Social Services Committee has considered:              
                                                                               
HOUSE BILL NO. 429                                                            
"An Act relating to the special education service agency."                    
                                                                               
The report was signed by Representative Bunde, Co-chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Vezey, Kott, G.Davis, Bunde, Toohey                              
                                                                               
No recommendation (1):  Nicholia                                               
                                                                               
The following fiscal note applies to HB 429:                                   
                                                                               
Zero fiscal note, Dept. of Health & Social Services, 2/23/94                   
                                                                               

1994-02-23                     House Journal                      Page 2495
HB 429                                                                       
HB 429 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 454                                                                       
The Finance Committee has considered:                                          
                                                                               
HOUSE BILL NO. 454                                                            
"An Act making a supplemental appropriation to the Department                 
of Law to pay costs of certain continuing legal proceedings; and               
providing for an effective date."                                              
                                                                               
and recommends it be replaced with:                                            
                                                                               
CS FOR HOUSE BILL NO. 454(FIN)                                                
	(same title)                                                                  
                                                                               
The report was signed by Representatives MacLean and Larson, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  Larson, Parnell, Grussendorf, Navarre, Brown, Foster,            
MacLean                                                                        
                                                                               
No recommendation (4):  Hanley, Martin, Hoffman, Therriault                    
                                                                               
HB 454 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HB 459                                                                       
The Labor & Commerce has considered:                                           
                                                                               
HOUSE BILL NO. 459                                                            
"An Act relating to liquidated damages and attorney fees for                  
minimum wage and overtime compensation claims."                                
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (2):  Porter, Mulder                                                   
                                                                               

1994-02-23                     House Journal                      Page 2496
HB 459                                                                        
No recommendation (4):  Sitton, Williams, Green, Hudson                       
                                                                               
The following fiscal note applies to HB 459:                                   
                                                                               
Zero fiscal note, Dept. of Labor, 2/23/94                                      
                                                                               
HB 459 was referred to the State Affairs Committee.                            
                                                                               
                                                                               
SB 54                                                                        
The Finance Committee has considered:                                          
                                                                               
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."                                                               
                                                                               
and recommends it be replaced with the following committee substitute          
with a technical title change:                                                 
                                                                               
                                                                               
	HOUSE CS FOR 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 juvenile             
records, and to incarceration of juveniles who have been charged,              
prosecuted, or convicted as adults; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (7):  MacLean, Larson, Hanley, Parnell, Grussendorf, Navarre,          
Therriault                                                                     
                                                                               
                                                                               
No recommendation (2):  Hoffman, Brown                                         

1994-02-23                     House Journal                      Page 2497
SB 54                                                                        
The following fiscal notes apply to HCS CSSB 54(FIN):                          
                                                                               
Fiscal note, Dept. of Corrections, 2/23/94                                     
Fiscal note, Alaska Court System, 2/23/94                                      
Zero fiscal note, Dept. of Health & Social Services, 2/23/94                   
Zero fiscal notes (2), Dept. of Administration, 2/23/94                        
Zero fiscal note, Dept. of Public Safety, 2/23/94                              
Zero fiscal note, Dept. of Law, 2/23/94                                        
                                                                               
CSSB 54(FIN) was referred to the Rules Committee for placement on              
the calendar.                                                                  
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - J. Chester and Josephine Gordon for their Service to                
	Alaska                                                                        
By Representative Mulder                                                       
                                                                               
Honoring - Jennifer Roberts, Alaska State Society, D.A.R., Good                
	Citizen                                                                       
By Representatives Willis, Carney, Kott; Senators Halford, Phillips            
                                                                               
Honoring - Brit Jacobson, 1994 Alaska Sportswriters' Player of the             
	Year                                                                          
By Representatives Willis, Kott, Carney; Senators Halford, Phillips            
                                                                               
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 184                                                                       
The following was read the second time:                                        
                                                                               

1994-02-23                     House Journal                      Page 2498
HB 184                                                                       
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."                
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRANSPORTATION, FINANCE                                          2097         
	TRA RPT  5DP                                                     2121         
	-FISCAL NOTE (DOT) 1/21/94                                       2121         
	FIN RPT  CS(FIN) 5DP 4NR                                         2412         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
184(FIN)                                                                       
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSSHB 184(FIN) be considered engrossed, advanced to third reading             
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSSSHB 184(FIN) was read the third time.                                       
                                                                               
The question being:  "Shall CSSSHB 184(FIN) pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSSSHB 184(FIN)                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  7   EXCUSED:  3   ABSENT:  0                              
                                                                               

1994-02-23                     House Journal                      Page 2499
HB 184                                                                       
Yeas:  Barnes, Brice, Brown, Carney, Davies, G.Davis, Foster, Green,           
Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin,             
Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders,           
Sitton, Therriault, Toohey, Vezey, Williams, Willis                            
                                                                               
Nays:  Bunde, Finkelstein, Hoffman, Mackie, Navarre, Nicholia, Ulmer           
                                                                               
Excused:  Davidson, B.Davis, Menard                                            
                                                                               
And so, CSSSHB 184(FIN) 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.           
                                                                               
                                                                               
Representative Ulmer gave notice of reconsideration of her vote on             
CSSSHB 184(FIN).                                                               
                                                                               
                                                                               
HB 313                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 313                                                            
"An Act relating to suspended imposition of criminal sentences                
and to the period in which suspension of the imposition of                     
sentence for conviction of the crime of disorderly conduct may be              
authorized."                                                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) NEW TITLE 3DP  3NR                              2308         
	-6 0 FNS (2-ADM,CORR,COURT,LAW,DPS) 2/9/94                       2308         
	FIN RPT  CS(JUD) NEW TITLE  5DP 1DNP 3NR                         2451         
	-6 PREV ZERO FNS (2-ADM, CORR, COURT,                            2452         
	LAW, DPS) 2/9/94                                                 2452         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        

1994-02-23                     House Journal                      Page 2500
HB 313                                                                       
CS FOR HOUSE BILL NO. 313(JUD)                                                
"An Act relating to suspended imposition of criminal sentences                
and to the imposition of sentence when a suspended imposition of               
sentence is revoked."                                                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 313(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 313(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 313(JUD) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 313(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  3   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis,                   
Finkelstein, Green, Grussendorf, 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:  Davidson, B.Davis, Menard                                            
                                                                               
Absent:  Foster                                                                
                                                                               
                                                                               
And so, CSHB 313(JUD) passed the House and was referred to the                 
Chief Clerk for engrossment.                                                   
                                                                               
                                                                               
HB 315                                                                       
The following was read the second time:                                        
                                                                               

1994-02-23                     House Journal                      Page 2501
HB 315                                                                       
HOUSE BILL NO. 315                                                            
"An Act relating to the unauthorized use of or unauthorized                   
interference with transmission and delivery of subscription cable              
services; and amending the definition of the offense of theft of               
services and the penalties for its violation."                                 
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  CS(JUD) 4DP 2NR                                         2214         
	-2 ZERO FISCAL NOTES (ADM, ADM) 2/2/94                           2214         
	FIN RPT  CS(JUD) 7DP  2NR                                        2452         
	-ZERO FISCAL NOTE (LAW) 2/18/94                                  2452         
	-2 PREVIOUS ZERO FNS (2-ADM) 2/2/94                              2452         
                                                                               
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. 315(JUD)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Brown:                           
                                                                               
Page 2, line 13, after "(7)":                                            
                                                                               
	Insert "until July 1, 1997,"                                              
                                                                               
Page 2, line 25, after "(4)":                                              
                                                                               
	Insert "until July 1, 1997,"                                              
                                                                               
Page 2, line 29:                                                               
                                                                               
	Delete "subscription cable"                                               
                                                                               
	Insert "to which (4) of this subsection applies"                          
                                                                               
Page 3, line 7, after "(4)":                                               
                                                                               
	Insert "until July 1, 1997,"                                              

1994-02-23                     House Journal                      Page 2502
HB 315                                                                       
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 315(JUD)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  15   NAYS:  22   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davies, Finkelstein, Grussendorf,                 
Hoffman, Mackie, Mulder, Navarre, Nicholia, Sitton, Ulmer, Williams,           
Willis                                                                         
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Nordlund, Olberg, Parnell,               
Phillips, Porter, Sanders, Therriault, Toohey, Vezey                           
                                                                               
Excused:  Davidson, B.Davis, Menard                                            
                                                                               
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 315(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.                                                   
                                                                               
                                                                               
Representative Davies objected and withdrew the objection.  There              
being no further objection, it was so ordered.                                 
                                                                               
CSHB 315(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 315(JUD) pass the House?"  The                
roll was taken with the following result:                                      

1994-02-23                     House Journal                      Page 2503
HB 315                                                                       
                                                                               
CSHB 315(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  5   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Finkelstein, Foster, Green,             
Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson,                     
MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund,                   
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer,         
Vezey, Williams, Willis                                                        
                                                                               
Nays:  Brice, Brown, Davies, Mackie, Sitton                                    
                                                                               
Excused:  Davidson, B.Davis, Menard                                            
                                                                               
And so, CSHB 315(JUD) passed the House.                                        
                                                                               
Representative Brice gave notice of reconsideration of his vote on             
CSHB 315(JUD).                                                                 
                                                                               
                                                                               
HB 61                                                                        
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 61                                                             
"An Act relating to the offense of operating a motor vehicle,                 
aircraft, or watercraft while intoxicated; and providing for an                
effective date."                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  CS(TRA)  1DP 3DNP 2NR                                    779         
	-3 FISCAL NOTE (DPS, LAW, ADM) 3/26/93                            780         
	-2 ZERO FISCAL NOTES(CORR, ADM) 3/26/93                           780         
	JUD RPT  CS(JUD)  3DP  2NR                                        867         
	-FISCAL NOTE  (ADM)  3/31/93                                      867         
	-ZERO FISCAL NOTE  (LAW)  3/31/93                                 867         
	-PREVIOUS FN (DPS)  3/26/93                                       867         
                                                                               

1994-02-23                     House Journal                      Page 2504
HB 61                                                                        
	-2 PREVIOUS ZERO FNS (ADM, CORR) 3/26/93                          867         
	FIN RPT  CS(FIN) NEW TITLE 4DP 1DNP 5NR                          2401         
	-2 FISCAL NOTES (ADM, CORR) 2/15/94                              2402         
	-3 ZERO FISCAL NOTES (ADM,DPS,LAW) 2/15                          2402         
                                                                               
                                                                               
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. 61(FIN)                                                 
"An Act relating to the offense of operating a commercial motor               
vehicle while intoxicated and the offense of operating a motor                 
vehicle, aircraft, or watercraft while intoxicated; relating to                
presumptions arising from the amount of alcohol in a person's                  
breath or blood; relating to chemical testing of a person's breath;            
and providing for an effective date."                                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representatives Porter, Nordlund,               
Ulmer and MacLean:                                                             
                                                                               
Page 3, after line 18, insert a new bill section to read:                      
                                                                               
   "* Sec. 5.  AS 28.35.033(c) is amended to read:                           
	(c)  The provisions of (a) of this section                                   
		(1)  may not be construed to limit the introduction of any              
other competent evidence bearing upon the question of whether the              
person was or was not under the influence of intoxicating liquor;            
and                                                                            
		(2)  do not apply to a civil action permitted under                         
AS04.21.020."                                                                
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
                                                                               
Representative Porter moved and asked unanimous consent that                   
Amendment No. 1 be adopted.  There being no objection, Amendment               
No. 1 was adopted.                                                             
                                                                               

1994-02-23                     House Journal                      Page 2505
HB 61                                                                        
Amendment No. 2 was offered  by Representative Larson:                          
                                                                               
Page 3, lines 19 - 24:                                                         
                                                                               
	Delete all material                                                           
                                                                               
Renumber the following bill section accordingly.                               
                                                                               
Representative Larson moved and asked unanimous consent that                   
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Nordlund objected.                                              
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 61(FIN) am                                                                
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  24   NAYS:  13   EXCUSED:  3   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brown, Bunde, Carney, G.Davis, Foster, Grussendorf,             
Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder,                   
Olberg, Phillips, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams,             
Willis                                                                         
                                                                               
Nays:  Brice, Davies, Finkelstein, Green, Hanley, Hoffman, Martin,             
Navarre, Nicholia, Nordlund, Parnell, Porter, Therriault                       
                                                                               
Excused:  Davidson, B.Davis, Menard                                            
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 61(FIN) am be considered engrossed, advanced to third reading             
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 61(FIN) am was read the third time.                                       
                                                                               

1994-02-23                     House Journal                      Page 2506
HB 61                                                                        
The question being:  "Shall CSHB 61(FIN) am pass the House?"  The              
roll was taken with the following result:                                      
                                                                               
CSHB 61(FIN) am                                                                
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  32   NAYS:  5   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Brice, Brown, Bunde, Carney, Davies, Finkelstein, Green,                
Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie,             
MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund,                   
Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer,          
Williams, Willis                                                               
                                                                               
Nays:  Barnes, G.Davis, Foster, Sanders, Vezey                                 
                                                                               
Excused:  Davidson, B.Davis, Menard                                            
                                                                               
And so, CSHB 61(FIN) am passed the House.                                      
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
Representative Mulder gave notice of reconsideration of his vote on            
CSHB 61(FIN) am.                                                               
                                                                               
                     SECOND READING OF SENATE RESOLUTIONS                    
                                                                               
SJR 13                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 13(RLS)                                    
Opposing the ban on the export of Alaska North Slope crude oil;               
endorsing HR 543, legislation removing restraints on the export of             
Alaska North Slope oil; requesting the Congress of the United                  
States to pass legislation to permit the export of Alaska North                
Slope crude oil; and requesting the President of the United States             
to present to the United States Congress a recommendation to lift              
the ban on the export of Alaska North Slope crude oil.                         

1994-02-23                     House Journal                      Page 2507
SJR 13                                                                       
with the:                                                 Journal Page         
                                                                               
	O&G RPT  5DP                                                     2314         
	-PREV. SEN ZERO FISCAL NOTE (REV) 1/26                           2314         
	RES RPT  5DP                                                     2454         
	-PREV SEN ZERO FISCAL NOTE (REV) 1/26/94                         2455         
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSJR 13(RLS) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSSJR 13(RLS) was read the third time.                                         
                                                                               
The question being:  "Shall CSSJR 13(RLS) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSSJR 13(RLS)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  3   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis,                   
Finkelstein, Foster, Green, Grussendorf, 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:  Davidson, B.Davis, Menard                                            
                                                                               
And so, CSSJR 13(RLS) passed the House was signed by the Speaker               
and Chief Clerk and returned to the Senate.                                    
                                                                               
                                                                               
                            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:                   

1994-02-23                     House Journal                      Page 2508
Honoring - Black History Month                                                 
By Representatives B.Davis, Brice, Brown, Bunde, Carney, Davies,               
G.Davis, Finkelstein, Foster, Hoffman, Hudson, James, Larson,                  
Mackie, MacLean, Mulder, Navarre, Nicholia, Nordlund, Parnell,                 
Phillips, Sitton, Toohey, Ulmer, Vezey, Willis                                 
                                                                               
Honoring - Play 'N Learn, Inc., for "20 Years of Caring"                       
By Representatives Davies, James, Brice, Hoffman, Mackie, Navarre,             
Parnell, Therriault, Ulmer, Willis; Senators Frank, Miller                     
                                                                               
Honoring - Paul McCarthy                                                       
By Representatives Davies, Phillips, Sitton, James, Vezey, Brice,              
Finkelstein, Mackie, Navarre, Nordlund, Therriault, Toohey, Ulmer;             
Senators Frank, Miller, Sharp                                                  
                                                                               
Honoring - Alaska Winter Special Olympics                                      
By Representatives Ulmer, Hoffman, Hudson, Brice, Brown, Bunde,                
Carney, Davies, G.Davis, Green, Hanley, James, Larson, Mackie,                 
MacLean, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips,               
Toohey, Willis; Senators Ellis, Duncan                                         
                                                                               
Honoring - Ben Maxon, 1993 Alaska EMS Educator of the Year                     
By Representatives Phillips, Brice, Bunde, Davies, G.Davis, Green,             
Hoffman, James, Mackie, MacLean, Navarre, Nicholia, Nordlund,                  
Parnell, Toohey, Ulmer, Willis                                                 
                                                                               
Honoring - The City of Homer on its 30th Anniversary                           
By Representatives Phillips, G.Davis, Foster, Green,  Hoffman,                 
Hudson, James, Mackie, MacLean, Mulder, Navarre, Nicholia,                     
Nordlund, Parnell, Sitton, Toohey, Ulmer, Willis                               
                                                                               
In Memoriam - Winifred A. Chambers                                             
By Representatives Phillips, Foster, James, Mackie, Sitton                     
                                                                               
In Memoriam - Wesley E. Warren                                                 
By Representatives Phillips, Foster, James, Mackie, Navarre, Sitton            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following members be excused from a call of the House as noted:                

1994-02-23                     House Journal                      Page 2509
Representative Brice - from 7:00 p.m., March 11 to 10:00 a.m., plane           
time, March 16, 1994                                                           
                                                                               
Representative Carney - from 6:30 a.m., March 17 to 8:00 p.m., plane           
time, March 21, 1994                                                           
                                                                               
Representative Davidson - from 7:00 p.m., March 16 to 8:00 p.m.,               
plane time, March 20, 1994                                                     
                                                                               
Representative Nicholia - from 8:00 p.m., February 25 to 10:00 a.m.,           
plane time, February 28, 1994                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 386                                                                       
Representative Ulmer brought up reconsideration of the vote on CSHB
386(L&C) (page 2482).                                                          
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 386(L&C)                                                
"An Act relating to the retirement rights of temporary hourly                 
employees hired by the legislature."                                           
                                                                               
Representative Ulmer moved and asked unanimous consent that CSHB
386(L&C) be returned to second reading for the specific purpose of             
considering Amendment No. 1.                                                   
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representative Ulmer:                           
                                                                               
Page 1, after line 10:                                                         
                                                                               
	Insert "An employee may not be hired as a temporary hourly                  
employee for longer than 200 hours in a calendar year."                      
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    

1994-02-23                     House Journal                      Page 2510
HB 386                                                                       
Representative Mulder objected.                                                
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Mulder:                                                                        
                                                                               
Line 2, after "than":                                                          
                                                                               
	Delete "200"                                                                  
                                                                               
	Insert "400"                                                                  
                                                                               
Representative Mulder moved and asked unanimous consent that the               
amendment to Amendment No. 1 be adopted.  There being no                       
objection, the amendment to Amendment No. 1 was adopted.                       
                                                                               
There being no further objection to Amendment No. 1 as amended, it             
was adopted.                                                                   
                                                                               
The question to be reconsidered:  "Shall CSHB 386(L&C) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
                                                                               
CSHB 386(L&C) am -- RECONSIDERATION                                            
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  5   EXCUSED:  3   ABSENT:  2                              
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Finkelstein, Foster, Green,             
Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin,             
Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips,         
Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams                     
                                                                               
Nays:  Brice, Brown, Davies, Sanders, Willis                                   
                                                                               
Excused:  Davidson, B.Davis, Menard                                            
                                                                               
Absent:  Hoffman, Mackie                                                       
                                                                               
And so, CSHB 386(L&C) am passed the House on reconsideration and               
was referred to the Chief Clerk for engrossment.                               

1994-02-23                     House Journal                      Page 2511
                             UNFINISHED BUSINESS                             
                                                                               
HB 61                                                                        
Representative Porter added his name as cosponsor to:                          
                                                                               
                                                                               
CS FOR HOUSE BILL NO. 61(FIN) am                                              
"An Act relating to the offense of operating a commercial motor               
vehicle while intoxicated and the offense of operating a motor                 
vehicle, aircraft, or watercraft while intoxicated; relating to                
presumptions arising from the amount of alcohol in a person's                  
breath or blood; relating to chemical testing of a person's breath;            
and providing for an effective date."                                          
                                                                               
                                                                               
SJR 13                                                                       
Representatives Porter, Finkelstein and Navarre added their names as           
cross-sponsors to:                                                             
                                                                               
                                                                               
CS FOR SENATE JOINT RESOLUTION NO. 13(RLS)                                    
Opposing the ban on the export of Alaska North Slope crude oil;               
endorsing HR 543, legislation removing restraints on the export of             
Alaska North Slope oil; requesting the Congress of the United                  
States to pass legislation to permit the export of Alaska North                
Slope crude oil; and requesting the President of the United States             
to present to the United States Congress a recommendation to lift              
the ban on the export of Alaska North Slope crude oil.                         
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 313                                                                       
CSHB 313(JUD) was engrossed, signed by the Speaker and Chief                   
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
HB 386                                                                       
CSHB 386(L&C) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         

1994-02-23                     House Journal                      Page 2512
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., February 24, 1994.  There being no             
objection, the House adjourned at 12:32 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk