Legislature(1993 - 1994)
1994-03-28 House Journal
Full Journal pdf1994-03-28 House Journal Page 2993 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 28, 1994 Seventy-eighth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:08 a.m. Roll call showed 36 members present. Representative MacLean had been previously excused from a call of the House today. Representatives Finkelstein, Nordlund and Therriault were absent. The invocation was offered by the Chaplain, Associate Pastor Dave Snyder of the Lighthouse Baptist Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Heavenly Father, I thank You for today, and for Your many wonderful blessings. I pray, Lord, for the House of Representatives today as they meet to discuss and vote on legislation, that You would give them wisdom. I pray that as each decision is made, it would be made according to Your will, for we know that Your will is always best. I pray that You would guide and direct here today, that everything that is done would bring honor and glory to Your name. Thank You, Lord, for the privilege of serving You. In Jesus' name I pray. Amen." The Pledge of Allegiance was led by Representative Porter. 1 1994-03-28 House Journal Page 2994 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 75th, 76th and 77th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 360 The Labor & Commerce Committee has considered: HOUSE BILL NO. 360 "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 360(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Porter, Mulder No recommendation (2): Hudson, Sitton The following fiscal note applies to CSHB 360(L&C): Zero fiscal note, Dept. of Law, 3/28/94 HB 360 was referred to the Judiciary Committee. HB 362 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 362 "An Act establishing the crime of aiding the nonpayment of child support." 1994-03-28 House Journal Page 2995 HB 362 and recommends it be replaced with: CS FOR HOUSE BILL NO. 362(HES) "An Act relating to the statute of limitations for actions brought upon a child support judgment; and establishing the crime of aiding the nonpayment of child support." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): Bunde, Toohey, B.Davis, Brice No recommendation (3): G.Davis, Olberg, Nicholia Amend (2): Kott, Vezey The following fiscal note applies to CSHB 362(HES): Zero fiscal note, Dept. of Revenue, 3/28/94 HB 362 was referred to the Judiciary Committee. HB 367 The Judiciary Committee has considered: HOUSE BILL NO. 367 "An Act relating to the control of outdoor advertising." and recommends it be replaced with: CS FOR HOUSE BILL NO. 367(JUD) "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Kott, James, Phillips, Porter 1994-03-28 House Journal Page 2996 HB 367 No recommendation (1): Nordlund The following fiscal note applies to CSHB 367(JUD): Zero fiscal note, Dept. of Transportation & Public Facilities, 3/11/94 HB 367 was referred to the Rules Committee for placement on the calendar. HB 506 The Labor & Commerce Committee has considered: HOUSE BILL NO. 506 "An Act relating to student loans; to sanctions for defaulting on a student loan, including denial of a state occupational license or disbursement of state money; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 506(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Sitton, Mulder, Green, Hudson The following fiscal notes apply to CSHB 506(L&C): Fiscal note, Dept. of Administration, 3/28/94 Fiscal note, Dept. of Commerce & Economic Development, 3/11/94 Zero fiscal note, Dept. of Education, 3/11/94 HB 506 was referred to the Finance Committee. HB 514 The Labor & Commerce Committee has considered: 1994-03-28 House Journal Page 2997 HB 514 HOUSE BILL NO. 514 "An Act relating to risk based capital for insurers; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 514(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Sitton, Mulder, Green, Hudson The following fiscal note applies to CSHB 514(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/28/94 HB 514 was referred to the State Affairs Committee. HB 518 The Judiciary Committee has considered: HOUSE BILL NO. 518 "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, Kott, James, Porter, Phillips, Nordlund The following fiscal note applies to HB 518: Zero fiscal note, House Judiciary Committee, 3/28/94 HB 518 was referred to the Rules Committee for placement on the calendar. 1994-03-28 House Journal Page 2998 SB 151 The Judiciary Committee has considered: SENATE BILL NO. 151 "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 151(RES) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, James, Kott, Porter, Phillips Amend (1): Nordlund The following fiscal notes apply to HCS SB 151(RES): Zero fiscal note, Dept. of Revenue, 3/7/94 Zero fiscal note, Dept. of Natural Resources, 2/2/94 SB 151 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jeanne White By Representative Sitton Honoring - Colony Knights Hockey Team By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Tuluksak Heros By Senator Lincoln; Representative Nicholia 1994-03-28 House Journal Page 2999 In Memoriam - Charles W. "Charlie" Davis By Representatives Davies, Brice, James, Sitton, Vezey; Senator Frank In Memoriam - Zenia Kolyaha By Senator Jacko In Memoriam - Matushka E. Gromoff By Senator Jacko CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 409 The following was read the second time: HOUSE BILL NO. 409 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project; and providing for an effective date." with the: Journal Page HES RPT CS(HES) 2DP 4NR 2605 -10 FISCAL NOTES (10-DHSS) 3/4/94 2606 FIN RPT CS(FIN) 4DP 3DNP 3NR 2966 -7 FISCAL NOTES (DHSS) 3/25/94 2967 -3 PREVIOUS FNS (NOS. 7,8,9) (DHSS) 3/4 2967 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. 409(FIN) (same title) There being no objection, it was so ordered. 1994-03-28 House Journal Page 3000 HB 409 Amendment No. 1 was offered by Representative Brice: Page 3, line 6: Delete "secs. 4 - 9" Insert "secs. 4 - 8" Page 4, line 6: Delete "sec. 6 of this Act" Insert "AS 47.25.421 - 47.25.429 (JOBS program)" Page 4, line 9, through page 5, line 12: Delete all material. Renumber the following bill sections accordingly. Page 5, line 27: Delete "secs. 4 - 9" Insert "secs. 4 - 8" Page 5, line 28: Delete "secs. 4 - 9" Insert "secs. 4 - 8" Page 6, line 2: Delete "and the work requirements of sec. 6 of this Act" Page 6, line 3: Delete "and requirements" Page 6, line 4: Delete "sec. 7" Insert "sec. 6" 1994-03-28 House Journal Page 3001 HB 409 Page 6, after line 5: Insert a new bill section to read: "* Sec. 9. FUNDING INTENT. The Department of Health, Education and Social Services shall annually estimate the savings achieved by the reductions in assistance under secs.1 and 3 of this Act and report that estimate to the legislature by December31 of each year. The legislature may annually appropriate this estimated amount for operation of the Job Opportunity and Basic Skills (JOBS) program under AS47.25.421 - 47.25.429." Renumber the following bill sections accordingly. Page 6, line 11: Delete "Sections 5 - 9" Insert "Sections 5 - 8" Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. Representative Brice moved the previous question and withdrew the motion. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 409(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1994-03-28 House Journal Page 3002 HB 409 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: MacLean Hoffman changed from "Nay" to "Yea". And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Hanley: Page 4, after line 19: Insert a new subsection to read: "(b) If organizations exist in the project area that have had successful experience in conducting employment placement services, community services, and job training programs, the department shall offer contracts to those organizations to administer (a) of this section. A contract under this subsection must provide that the department shall make the determinations required under (c) and (d) of this section and the contractor shall perform the duties assigned to the department under (a) of this section with respect to uncompensated activities, including assessment of their availability, development of additional activities, consideration of activities recommended by governmental representatives, and assignment of persons to specific activities after referral of those persons to the contractor by the department." Reletter the following subsections accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Navarre objected. 1994-03-28 House Journal Page 3003 HB 409 Amendment to Amendment No. 3 was offered by Representative Hanley: Under subsection (b), line 4, following "offer": Insert "on a competitive basis" Representative Hanley moved and asked unanimous consent that the amendment to Amendment No. 3 be adopted. There being no objection, it was so ordered. The question being: "Shall Amendment No. 3 as amended be adopted?" The roll was taken with the following result: CSHB 409(FIN) Second Reading Amendment No. 3 as amended YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: MacLean And so, Amendment No. 3 as amended was adopted. Amendment No. 4 was offered by Representative Brown: Page 1, line 2 (title amendment): Delete "adult public assistance program and the" 1994-03-28 House Journal Page 3004 HB 409 Page 2, line 30, through page 3, line 3: Delete all material. Renumber the following bill sections accordingly. Page 3, line 6: Delete "secs. 4 - 9" Insert "secs. 3 - 8" Page 4, line 6: Delete "sec. 6" Insert "sec. 5" Page 5, line 27: Delete "secs. 4 - 9" Insert "secs. 3 - 8" Page 5, line 28: Delete "secs. 4 - 9" Insert "secs. 3 - 8" Page 6, line 2: Delete "sec. 5" Insert "sec. 4" Delete "sec. 6" Insert "sec. 5" Page 6, line 4: Delete "sec. 7" Insert "sec. 6" Page 6, line 6: Delete "AS 47.35.430(f), added by sec. 3 of this Act, and secs. 4 - 9" Insert "Sections 3 - 8" Page 6, line 9: Delete "Sections 1 and 3" Insert "Section 1" Delete "take" Insert "takes" 1994-03-28 House Journal Page 3005 HB 409 Page 6, line 10: Delete "Section 4" Insert "Section 3" Page 6, line 11: Delete "Sections 5 - 9" Insert "Sections 4 - 8" Page 6, line 12: Delete "sec. 4" Insert "sec. 3" Page 6, line 14: Delete "sec. 4" Insert "sec. 3" Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Hanley objected. The Speaker stated that the House would recess until 5:00 p.m. And so, the House recessed at 12:30 p.m. AFTER RECESS The House was called back to order at 5:15 p.m. **The presence of Representative MacLean, who had been excused, was noted. SECOND READING OF HOUSE BILLS (continued) HB 409 Amendment No. 4 was again before the House. 1994-03-28 House Journal Page 3006 HB 409 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 4 YEAS: 18 NAYS: 20 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Vezey Absent: Mackie, Porter And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives B.Davis and Brown: Page 2, line 3: Delete "$100" Insert "$101" Page 2, line 7: Delete "$806" Insert "$815" Page 2, line 9: Delete "$100" Insert "$101" Page 2, line 12: Delete "$505" Insert "$510" 1994-03-28 House Journal Page 3007 HB 409 Page 3, line 3: Delete "1.7 percent" Insert ".7 percent" Representative B.Davis moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 5 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mackie, Porter And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative B.Davis: Page 1, line 3, after "children;" (title amendment): Insert "relating to the program of aid to families with dependent children;" 1994-03-28 House Journal Page 3008 HB 409 Page 2, after line 29: Insert a new bill section to read: "* Sec. 3. AS 47.25 is amended by adding a new section to read: Sec. 47.25.325. SELF-EMPLOYMENT PROGRAM. (a) Notwithstanding other provisions of AS 47.25.310 - 47.25.420, a recipient of assistance may accumulate resources as specified in this section in order to acquire business skills through establishment and operation of a microenterprise for the purpose of reducing the level of assistance needed by the recipient. Upon request of a recipient who wishes to establish a microenterprise under this section, the department shall provide for a nonprofit business development organization to assess the (1) recipient's capacity for self-employment; (2) economic viability of the microenterprise contemplated by the recipient. (b) For the first two years after the establishment of a microenterprise, the calculation of (1) resources for purposes of determining the eligibility for assistance of the recipient who established the microenterprise may include only the portion of the recipient's microenterprise assets valuation that exceeds $10,000; and (2) income derived from a recipient's microenterprise for purposes of determining the recipient's eligibility for assistance may include only net business income. (c) A recipient with a microenterprise shall, on an annual basis, provide to the department, a review of the records of the business by an accountant or bookkeeper. The nonprofit business development organization that conducts the assessments under (a) of this section shall verify the annual review of records provided under this subsection. The cost of the record review shall be considered a business expense. (d) In this section, (1) "business income" means all income derived from the use of microenterprise assets in a microenterprise; (2) "employees" means the operator of a microenterprise and any persons employed in the operation of the business; (3) "microenterprise" means a business enterprise that has less than five employees; 1994-03-28 House Journal Page 3009 HB 409 (4) "microenterprise assets" means all of the following: (A) business loans; (B) capital equipment; (C) inventory; and (D) all other assets required for the operation of the microenterprise; (5) "net business income" means all business income minus all of the following: (A) business loan payments; (B) business taxes; (C) expenditures for vehicles vital to the business operations; (D) cash retained in the microenterprise; (E) insurance expenditures; (F) inventory raw material expenses; (G) transportation expenditures; (H) office supplies; (I) professional services, including accounting, legal, or other consulting services; (J) delivery charges and supplies; (K) commissions, salaries, wages, and other employment benefits, including dental and vision care; (L) postage; (M) rent; (N) utilities; (O) telephone expenses; (P) advertising and other marketing and promotion costs; and (Q) training and professional development." Renumber the following bill sections accordingly. Page 3, line 6: Delete "4 - 9" Insert "5 - 10" Page 3, after line 19: Insert new material to read: "(c) The Department of Health and Social Services shall also seek appropriate waivers from the federal government to implement sec. 3 of this Act." 1994-03-28 House Journal Page 3010 HB 409 Page 4, line 6: Delete "sec. 6" Insert "sec. 7" Page 5, line 27: Delete "secs. 4 - 9" Insert "secs. 5 - 10" Page 5, line 28: Delete "secs. 4 - 9" Insert "secs. 5 - 10" Page 6, line 2: Delete "sec. 5" Insert "sec. 6" Delete "sec. 6" Insert "sec. 7" Page 6, line 4: Delete "sec. 7" Insert "sec. 8" Page 6, line 6: Delete "sec. 3" Insert "sec. 4" Delete "secs. 4 - 9" Insert "secs. 5 - 10" Page 6, line 9: Delete "and 3" Insert "and 4" Page 6, line 10: Delete "Section 4" Insert "Section 5" Page 6, line 11: Delete "Sections 5 - 9" Insert "AS 47.25.325, added by sec. 3 of this Act, and secs. 6 - 10" 1994-03-28 House Journal Page 3011 HB 409 Page 6, line 12: Delete "sec. 4" Insert "sec. 5" Page 6, line 14: Delete "sec. 4" Insert "sec. 5" Representative B.Davis moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 6 YEAS: 17 NAYS: 21 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mackie, Porter And so, Amendment No. 6 was not adopted. 1994-03-28 House Journal Page 3012 HB 409 Amendment No. 7 was offered by Representative Brice: Page 4, lines 14 & 15: Delete "and in assigning persons to those activities" Page 4, line 16, after "area.": Insert "The department shall work with the individual participants of workfare in assigning an uncompensated or training activity and developing an employability plan to ensure the greatest possibility of success leading to paid employment." Representative Brice moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 7 YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mackie And so, Amendment No. 7 was not adopted. 1994-03-28 House Journal Page 3013 HB 409 Amendment No. 8 was offered by Representative Brice: Page 4, line 13, after "necessary.": Insert "The department, in coordination with local area non-profits, shall devise a training program which the participants will be required to attend prior to being placed in a work setting." Representative Brice moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 8 YEAS: 17 NAYS: 22 EXCUSED: 0 ABSENT: 1 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Mackie And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Brice: Page 4, line 16, after "cities," Insert "labor organizations, non-profits" 1994-03-28 House Journal Page 3014 HB 409 Representative Brice moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Hanley objected. Amendment to Amendment No. 9 was offered by Representative Hanley: Add: page 4, line 16, following "communities": Insert "and others" Representative Hanley moved and asked unanimous consent that the amendment to Amendment No. 9 be adopted.There being no objection, it was so ordered. There being no further objection, Amendment No. 9 as amended was adopted. Amendment No. 10 was offered by Representative Brice: Page 4, lines 10, 14, 20 and 23, and Page 5, line 7, after "uncompensated": Insert "or training" Representative Brice moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 10 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 1994-03-28 House Journal Page 3015 HB 409 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Brice: Page 5, line 3, after "child;": Delete "or" Page 5, line 5, after "section" Insert "; or (7) is a single parent who has a child with a developmental disability as defined by AS 47.80.900(7)" Representative Brice moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Hanley objected. Amendment to Amendment No. 11 was offered by Representative Hanley: Paragraph (7), line 1, following "is a": Delete "single" Paragraph (7), line 1, after "who": Delete "has" Insert "is providing care to" 1994-03-28 House Journal Page 3016 HB 409 Representative Hanley moved and asked unanimous consent that the amendment to Amendment No. 11 be adopted. There being no objection, it was so ordered. There being no further objection, Amendment No. 11 as amended was adopted. Amendment No. 12 was offered by Representative Davies: Page 6, following line 15, add a new section to read: "Sec. 15. It is the intent of the Legislature that to the extent that other legislation may be passed that would result in increasing program receipts to AFDC and APA, that the 1.7 percent reduction in this act be reduced accordingly." Representative Davies moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 409(FIN) am Second Reading Amendment No. 12 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 12 was not adopted. 1994-03-28 House Journal Page 3017 HB 409 Representative Phillips moved and asked unanimous consent that CSHB 409(FIN) am be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 409(FIN) am will be in third reading on the March 29, 1994, calendar. HB 330 The following was read the second time: HOUSE BILL NO. 330 "An Act relating to the use of natural gas as a motor vehicle fuel in state owned vehicles." with the: Journal Page TRA RPT CS(TRA) NEW TITLE 5DP 1NR 2827 -ZERO FISCAL NOTE (DOT) 3/16/94 2827 FIN RPT CS(TRA) NEW TITLE 5DP 6NR 2927 -PREVIOUS ZERO FISCAL NOTE (DOT) 3/16/94 2928 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. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 330(TRA) be considered engrossed, advanced to third reading and placed on final passage. 1994-03-28 House Journal Page 3018 HB 330 Representative Ulmer objected. The Speaker stated that CSHB 330(TRA) will be in third reading on the March 29, 1994, calendar. HB 504 The following was read the second time: HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." with the: Journal Page MLV RPT 4DP 2643 -ZERO FISCAL NOTE (REV) 3/7/94 2643 STA RPT 6DP 2970 -PREVIOUS ZERO FISCAL NOTE (REV) 3/7/94 2971 Representative Phillips moved and asked unanimous consent that HB 504 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 504 was read the third time. The question being: "Shall HB 504 pass the House?" The roll was taken with the following result: HB 504 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-03-28 House Journal Page 3019 HB 504 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HB 504 passed the House and was referred to the Chief Clerk for engrossment. HB 299 The following was read the second time: HOUSE BILL NO. 299 "An Act relating to education programs on consumption of alcohol and to revocation of a driver's license for illegal consumption of alcohol; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NEW TITLE 6DP 2450 -FISCAL NOTE (DPS) 2/18/94 2451 -ZERO FISCAL NOTE (LAW) 2/18/94 2451 JUD RPT CS(JUD) NEW TITLE 4DP 1NR 2672 -FISCAL NOTE (DPS) 3/9/94 2673 -ZERO FISCAL NOTE (LAW) 3/9/94 2673 FIN RPT CS(FIN) NEW TITLE 1DP 7NR 2960 LETTER OF INTENT WITH HFIN REPORT 2961 -FISCAL NOTE (DPS) 3/25/94 2961 -PREVIOUS ZERO FISCAL NOTE (LAW) 3/9/94 2961 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. 299(FIN) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol; to fees for reinstatement of a driver's license; and providing for an effective date." 1994-03-28 House Journal Page 3020 HB 299 There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Toohey and Brown: Page 1, line 2, after "alcohol" (title amendment): Insert "by a person at least 14 but not yet 21 years of age" Representative Toohey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date." Representative Phillips moved and asked unanimous consent that CSHB 299(FIN)(title am) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 299(FIN)(title am) will be in third reading on the March 29, 1994, calendar. HB 347 The following was read the second time: HOUSE BILL NO. 347 "An Act relating to long-term plans of certain state agencies." 1994-03-28 House Journal Page 3021 HB 347 with the: Journal Page STA RPT CS(STA) 3DP 2NR 2897 -4 FISCAL NOTES (DOT,DHSS,DCRA,ADM) 3/21 2898 -14 ZERO FNS (LAA,UA,REV,DPS,DNR,DMVA 2898 LAW, LABOR, GOV, F&G, DEC, DOE, CORR, 2898 DCED) 3/21/94 2898 FIN RPT CS(FIN) NEW TITLE 6DP 2928 -FISCAL NOTE (H.FIN/GOV) 3/23/94 2929 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. 347(FIN) "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 347(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 347(FIN) will be in third reading on the March 29, 1994, calendar. HB 300 The following was read the second time: HOUSE BILL NO. 300 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." 1994-03-28 House Journal Page 3022 HB 300 with the: Journal Page L&C RPT CS(L&C) 4DP 2544 -ZERO FISCAL NOTE (ADM) 2/28/94 2544 JUD RPT CS(JUD) 4DP 1NR 2714 -PREVIOUS ZERO FISCAL NOTE (ADM) 2/28/94 2714 FIN RPT CS(JUD) 5DP 3NR 2961 -2 ZERO FISCAL NOTES (ADM, DCED) 3/25/94 2962 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. 300(JUD) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 300(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 300(JUD) will be in third reading on the March 29, 1994, calendar. HB 302 The following was read the second time: HOUSE BILL NO. 302 "An Act excluding certain recreational activities sponsored by an employer from coverage provided under workers' compensation, unless participation is required as a condition of employment; and providing for an effective date." 1994-03-28 House Journal Page 3023 HB 302 with the: Journal Page L&C RPT 4DP 2544 -ZERO FISCAL NOTE (LABOR) 2/28/94 2544 STA RPT CS(STA) NEW TITLE 4DP 2NR 2962 -PREVIOUS ZERO FISCAL NOTE (LABOR) 2/28 2962 FIN REFERRAL WAIVED 2981 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. 302(STA) "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 302(STA) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that CSHB 302(STA) will be in third reading on the March 29, 1994, calendar. THIRD READING OF HOUSE BILLS HB 183 The following, which had been held in third reading on reconsideration of the vote (page 2984), was again before the House: CS FOR HOUSE BILL NO. 183(FIN) am "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date." The question to be reconsidered: "Shall CSHB 183(FIN) am pass the House?" The roll was taken with the following result: 1994-03-28 House Journal Page 3024 HB 183 CSHB 183(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hoffman, Mackie, Navarre, Nicholia, Nordlund, Ulmer And so, CSHB 183(FIN) am passed the House on reconsideration. 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 183(FIN) am 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 - Delbert "Deb" Anderson By Representatives Larson, Menard, Carney, Bunde, B.Davis, Foster, James, MacLean, Navarre, Nicholia, Ulmer, Willis; Senator Kerttula Honoring - Joslyn Jamie Tinker By Representatives G.Davis, Phillips, B.Davis, Foster, James, MacLean, Menard, Mulder, Navarre, Nicholia, Toohey, Ulmer, Willis 1994-03-28 House Journal Page 3025 Honoring - Gail Ruth Anagick Oba By Representative Sanders, B.Davis, Foster, James, Kott, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis Honoring - Bob Ernisse By Senator Adams; Representatives B.Davis, Foster, Hoffman, James, MacLean, Menard, Nicholia, Ulmer, Willis Honoring - James Stimpfle By Senator Kerttula; Representatives Carney, Menard, B.Davis, Foster, James, MacLean, Navarre, Nicholia, Phillips, Ulmer, Willis Honoring - Diana Tillion By Senator Kerttula; Representatives Phillips, Carney, Davies, Davidson, B.Davis, G.Davis, Foster, Grussendorf, Hoffman, Hudson, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Toohey, Ulmer, Willis Honoring - James A. Ruotsala By Senator Kerttula; Representatives Carney, Menard, B.Davis, G.Davis, Foster, Hoffman, James, MacLean, Navarre, Nicholia, Phillips, Sitton, Ulmer, Willis Honoring - Lt. James A. Ruotsala, Lt. Bryant C. Bearfield, Sgt. Keith S. Brososky, Sgt. Wallace E. York, James E. Willman, Loretta L. Lunz, Daniel R. Reynolds, Arthur S. Gowdy, Michael T. Perry, Ignacio B. Bermodes By Senator Little; Representatives Brice, B.Davis, G.Davis, Foster, James, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Sitton, Ulmer, Willis Honoring - Dave Harbour By Senator Kerttula; Representatives Carney, Menard, B.Davis, Green, James, Mackie, MacLean, Mulder, Navarre, Phillips, Ulmer, Willis Honoring - The Polar Bear 4-H Club By Senator Kerttula; Representatives Carney, Menard, B.Davis, James, Mackie, MacLean, Navarre, Ulmer, Willis 1994-03-28 House Journal Page 3026 In Memoriam - Sergeant First Class Randall Shugart By Representatives Sitton, Brice, Davies, B.Davis, Foster, Hoffman, James, Kott, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Vezey, Willis In Memoriam - Master Sergeant Gary Gordon By Representatives Sitton, Brice, Davies, B.Davis, Foster, Hoffman, James, Kott, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Vezey, Willis In Memoriam - Senator Harold Z. Hansen By Senator Lincoln; Representatives Nicholia, B.Davis, Hoffman, James, Kott, Menard, Navarre, Willis In Memoriam - Lloyd Haessler By Senator Kerttula; Representatives Carney, Larson, B.Davis, Hoffman, James, Menard, Nicholia, Toohey, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Carney - from 6:30 a.m., March 31 to 8:00 p.m., plane time, April 4, 1994 Representative Green - from 11:50 a.m., April 1 to 6:00 a.m., ferry time, April 3, 1994 Representative Hanley - from 6:00 p.m., March 31 to 8:00 p.m., plane time, April 4, 1994 Representative Therriault - from 7:00 p.m., April 8 to 10:00 a.m., plane time, April 11, 1994 Representative Toohey - from 5:00 p.m., March 31 to 9:00 a.m., plane time, April 5, 1994 There being no objection, it was so ordered. 1994-03-28 House Journal Page 3027 HB 414 The Speaker added a State Affairs Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 414 "An Act creating the Alaska Health Commission; relating to the delivery, quality, access, and financing of health care; relating to review and approval of rates and charges of health insurers; relating to certain civil actions against health care providers and health insurers; repealing Alaska Rule of Civil Procedure 72.1; and providing for an effective date." HB 414 is in the Judiciary Committee. RECONSIDERATION HB 497 Representative Nordlund brought up reconsideration of the vote on CSSSHB 497(CRA) (page 2977). The following was again before the House in third reading: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 497(CRA) "An Act relating to electric and telephone cooperatives." Title Amendment No. 1 was offered by Representative Nordlund: Page 1, line 1, after "to": Insert "the titles that describe the two principal executive officers of" Representative Nordlund moved and asked unanimous consent that Title Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: "An Act relating to the titles that describe the two principal executive officers of electric and telephone cooperatives." 1994-03-28 House Journal Page 3028 HB 497 The question to be reconsidered: "Shall CSSSHB 497(CRA) (title am) pass the House?" The roll was taken with the following result: CSSSHB 497(CRA) (title am)--RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin, Sitton And so, CSSSHB 497(CRA) (title am) passed the House and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HJR 51 Representative Hudson added his name as cosponsor to: 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. HB 347 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 347 "An Act relating to long-term plans of certain state agencies." 1994-03-28 House Journal Page 3029 HB 409 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 409 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project; and providing for an effective date." HB 478 Representative James added her name as cosponsor to: HOUSE BILL NO. 478 "An Act relating to the authority of mobile intensive care paramedics and emergency medical technicians to pronounce death under certain circumstances." ENGROSSMENT HB 183 CSHB 183(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 497 CSSSHB 497(CRA)(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 504 HB 504 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. State Affairs Committee Capitol 102 8:00 a.m, 3/29 CANCELED: HB 290 1994-03-28 House Journal Page 3030 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:45 a.m., March 29, 1994. There being no objection, the House adjourned at 6:29 p.m. Suzi Lowell Chief Clerk