Legislature(1993 - 1994)
1994-04-05 House Journal
Full Journal pdf1994-04-05 House Journal Page 3117 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 5, 1994 Eighty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:15 a.m. Roll call showed 32 members present. Representatives Davidson, Davies, Grussendorf, Menard and Nordlund had been previously excused from a call of the House today. Representative Navarre was excused through the end of this week due to a family emergency. Representatives Finkelstein and Nicholia were absent. The invocation was offered by the Chaplain, Father Peter Gorges of the Catholic Cathedral of the Nativity. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: Father Gorges asked the members to join in a moment of prayer for Representative Navarre's sister, Rozann, who died this weekend. "Almighty and gracious God, You have called us to service in this body. We have been elected by our peers to represent their best interests. And, as a legislative body of men and women, each one of us have certain obligations to all the people of this great state of Alaska. We have accepted the call, and the responsibilities that come with that call. Help us, Lord, to serve the needs of our state, without losing sight of the needs of those who elected us. 1 1994-04-05 House Journal Page 3118 Help us, Lord, to listen to the needs that have been expressed. Help us, Lord, to see the big picture, as You see it. Help us, Lord, to rise above personality conflicts and local politics. Help us, Lord, to make the tough decisions that will accomplish what needs to be done. Amen." The Pledge of Allegiance was led by Representative Williams. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 81st, 82nd, 83rd, 84th and 85th legislative days, House Journal Supplement No. 13 and House & Senate Joint Journal Supplement No. 18 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HJR 63 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 63 Relating to the membership of the Republic of China on Taiwan in the United Nations. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, G.Davis, B.Davis, Ulmer No recommendation (1): Olberg The following fiscal note applies to HJR 63: Zero fiscal note, House State Affairs Committee, 4/5/94 HJR 63 was referred to the Rules Committee for placement on the calendar. 1994-04-05 House Journal Page 3119 HB 47 The Judiciary Committee has considered: HOUSE BILL NO. 47 "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." and recommends it be replaced with: CS FOR HOUSE BILL NO. 47(JUD) "An Act relating to primary elections and to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public; preventing a voter from changing the voter's party affiliation within 30 days of a primary election when two or more primary ballots must be provided to the public; and annulling a related regulation; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Kott, James, Porter, Phillips No recommendation (1): Nordlund The following fiscal note applies to CSHB 47(JUD): Fiscal note, Office of the Governor, 4/5/94 HB 47 was referred to the Finance Committee. HB 210 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 210 "An Act relating to employment of chief school administrators." and recommends it be replaced with: CS FOR HOUSE BILL NO. 210(HES) (same title) 1994-04-05 House Journal Page 3120 HB 210 The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (1): Bunde Do not pass (1): Toohey No recommendation (2): Vezey, Kott Amend (1): G.Davis The following fiscal note applies to CSHB 210(HES): Zero fiscal note, Dept. of Education, 4/5/94 HB 210 was referred to the Finance Committee. HB 342 The State Affairs Committee has considered: HOUSE BILL NO. 342 "An Act extending the termination date of the Alaska Tourism Marketing Council." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Kott, G.Davis, B.Davis, Ulmer No recommendation (2): Vezey, Olberg The following fiscal note applies to HB 342: Zero fiscal note, Dept. of Commerce & Economic Development, 1/21/94 HB 342 was referred to the Finance Committee. HB 345 The State Affairs Committee has considered: 1994-04-05 House Journal Page 3121 HB 345 HOUSE BILL NO. 345 "An Act relating to the preservation of public facilities and to appropriations for annual maintenance and repair, periodic renewal and replacement, and construction of public facilities." and recommends it be replaced with: CS FOR HOUSE BILL NO. 345(STA) "An Act relating to the maintenance of and art requirements for certain public buildings and facilities and to the art in public places fund; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (2): Vezey, Sanders No recommendation (1): Kott Amend (2): G.Davis, Ulmer The following fiscal note applies to CSHB 345(STA): Fiscal note, Dept. of Administration, 4/5/94 HB 345 was referred to the Finance Committee. HB 354 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 354 "An Act relating to identification required upon enrollment in a public school." and recommends it be replaced with: CS FOR HOUSE BILL NO. 354(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: 1994-04-05 House Journal Page 3122 HB 354 Do pass (2): Bunde, Toohey No recommendation (3): Kott, Vezey, G.Davis The following fiscal notes apply to CSHB 354(HES): Zero fiscal note, Department of Health & Social Services, 4/5/94 Zero fiscal note, Dept. of Public Safety, 4/5/94 HB 354 was referred to the Judiciary Committee. HB 430 The State Affairs Committee has considered: HOUSE BILL NO. 430 "An Act requiring certain applicants for a driver's license to take a driver training course." The report was signed by Representative Vezey, Chair, with the following individual recommendations: No recommendation (3): Vezey, Sanders, G.Davis Amend (1): Kott The following fiscal note applies to HB 430: Zero fiscal note, Dept. of Public Safety, 4/5/94 HB 430 was referred to the Finance Committee. HB 525 The Judiciary Committee has considered: HOUSE BILL NO. 525 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." The report was signed by Representative Porter, Chair, with the following individual recommendations: 1994-04-05 House Journal Page 3123 HB 525 Do pass (4): Green, Kott, James, Porter No recommendation (1): Nordlund The following fiscal notes apply to HB 525: Zero fiscal notes (2), Dept. of Administration, 3/9/94 Zero fiscal note, Dept. of Law, 3/9/94 Zero fiscal note, Dept. of Public Safety, 3/9/94 HB 525 was referred to the Finance Committee. HB 527 The Judiciary Committee has considered: HOUSE BILL NO. 527 "An Act relating to the maximum period of probation after conviction for certain offenses." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, James, Porter, Nordlund Amend (1): Green The following fiscal notes apply to HB 527: Zero fiscal notes (2), Dept. of Administration, 3/9/94 Zero fiscal note, Dept. of Public Safety, 3/9/94 Zero fiscal note, Dept. of Law, 3/9/94 Zero fiscal note, Dept. of Corrections, 3/9/94 HB 527 was referred to the Finance Committee. HB 528 The Judiciary Committee has considered: 1994-04-05 House Journal Page 3124 HB 528 HOUSE BILL NO. 528 "An Act amending Alaska Rule of Criminal Procedure 24(d) relating to peremptory challenges of jurors in felony criminal proceedings." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Nordlund, Porter, James, Kott, Green The following fiscal notes apply to HB 528: Zero fiscal notes (2), Dept. of Administration, 3/9/94 Zero fiscal note, Dept. of Public Safety, 3/9/94 Zero fiscal note, Dept. of Law, 3/9/94 HB 528 was referred to the Rules Committee for placement on the calendar. **The presence of Representative Finkelstein was noted. SB 220 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 220(STA) "An Act amending schedule IA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Ulmer, B.Davis, G.Davis No recommendation (1): Olberg The following fiscal note applies to CSSB 220(STA): Senate zero fiscal note, Dept. of Public Safety, 2/14/94 Senate zero fiscal note, Dept. of Law, 2/14/94 1994-04-05 House Journal Page 3125 SB 220 CSSB 220(STA) was referred to the Judiciary Committee. SB 225 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 225(HES) "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): Kott, G.Davis, Bunde, Toohey Amend (1): Vezey The following fiscal notes apply to CSSB 225(HES): Senate fiscal note, Dept. of Commerce & Economic Development, 2/4/94 Senate zero fiscal note, Dept. of Revenue, 2/4/94 CSSB 225(HES) 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 - The Armed Services YMCA By Representative Mulder Honoring - Ben and Evelyn Williams By Representative Williams Honoring - Valdez Academic Decathlon Winners By Senator Lincoln; Representative Olberg In Memoriam - Fannie Major By Representative Williams 1994-04-05 House Journal Page 3126 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 544 HOUSE BILL NO. 544 by the House Transportation Committee, entitled: "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date." was read the first time and referred to the Transportation, State Affairs and Finance Committees. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 4/5 Minority Caucus upon at ease, 4/5 The House stood at ease to a call of the Chair at 11:25 a.m. AFTER AT EASE The House was called back to order at 12:56 p.m. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 353 The following was read the second time: HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act." 1994-04-05 House Journal Page 3127 HB 353 with the: Journal Page L&C RPT CS(L&C) NEW TITLE 4DP 3NR 2715 -ZERO FISCAL NOTE (DCED) 3/11/94 2716 STA RPT 1DP 3NR 3039 -PREVIOUS ZERO FISCAL NOTE (DCED) 3/11 3039 Representative Phillips moved and asked unanimous consent that HB 353 be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. HB 353 was read the third time. The question being: "Shall HB 353 pass the House?" The roll was taken with the following result: HB 353 Third Reading Final Passage YEAS: 31 NAYS: 1 EXCUSED: 6 ABSENT: 2 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Hoffman, Nicholia And so, HB 353 passed the House. Representative Ulmer gave notice of reconsideration of her vote on HB 353. 1994-04-05 House Journal Page 3128 HB 358 The following was read the second time: HOUSE BILL NO. 358 "An Act allowing a mobile home owner to request a certificate of title from the Department of Public Safety." with the: Journal Page STA RPT CS(STA) NEW TITLE 6DP 2964 -2 FISCAL NOTES (DPS) 3/25/94 2965 FIN REFERRAL WAIVED 3086 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. 358(STA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 1, line 13: Delete "$100" Insert "$75" 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 358(STA) Second Reading Amendment No. 1 YEAS: 9 NAYS: 23 EXCUSED: 6 ABSENT: 2 1994-04-05 House Journal Page 3129 HB 358 Yeas: Brice, Brown, Carney, B.Davis, Finkelstein, Parnell, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Hoffman, Nicholia And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 358(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 358(STA) was read the third time. Representative Mulder moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Mulder was required to vote. The question being: "Shall CSHB 358(STA) pass the House?" The roll was taken with the following result: CSHB 358(STA) Third Reading Final Passage YEAS: 32 NAYS: 0 EXCUSED: 6 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-04-05 House Journal Page 3130 HB 358 Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Hoffman, Nicholia And so, CSHB 358(STA) passed the House and was referred to the Chief Clerk for engrossment. HB 367 The following was read the second time: HOUSE BILL NO. 367 "An Act relating to the control of outdoor advertising." with the: Journal Page TRA RPT CS(TRA) NEW TITLE 4DP 1NR 2716 -ZERO FISCAL NOTE (DOT) 3/11/94 2717 JUD RPT CS(JUD) NEW TITLE 5DP 1NR 2995 -PREVIOUS ZERO FISCAL NOTE (DOT) 3/11/94 2996 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. 367(JUD) "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representative Finkelstein: Page 2, line 24: Delete "50" Insert "5" 1994-04-05 House Journal Page 3131 HB 367 Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Olberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 367(JUD) Second Reading Amendment No. 1 YEAS: 9 NAYS: 24 EXCUSED: 6 ABSENT: 1 Yeas: Brice, Brown, Carney, B.Davis, Finkelstein, Hoffman, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Nicholia And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Finkelstein: Page 2, line 19: Delete "four" Insert "two" Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Olberg objected. 1994-04-05 House Journal Page 3132 HB 367 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 367(JUD) Second Reading Amendment No. 2 YEAS: 10 NAYS: 23 EXCUSED: 6 ABSENT: 1 Yeas: Brice, Brown, B.Davis, Finkelstein, Hoffman, Mackie, Parnell, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Nicholia And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Finkelstein: Page 3, line 20, after "AS 19.25.080 - 19.25.180" through page 3, line 23: Delete all material. Insert "." Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Olberg objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1994-04-05 House Journal Page 3133 HB 367 CSHB 367(JUD) Second Reading Amendment No. 3 YEAS: 15 NAYS: 18 EXCUSED: 6 ABSENT: 1 Yeas: Brice, Brown, Bunde, Carney, B.Davis, Finkelstein, Hanley, Hoffman, Mackie, Mulder, Parnell, Sitton, Toohey, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Olberg, Phillips, Porter, Sanders, Therriault, Vezey, Williams Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Nicholia And so, Amendment No. 3 was not adopted. Representative Phillips rose to a point of order regarding debate in second reading. The Speaker stated the point was well taken. Representative Phillips moved and asked unanimous consent that CSHB 367(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected and withdrew the objection. There being no further objection, it was so ordered. CSHB 367(JUD) was read the third time. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative James Representative Toohey 1994-04-05 House Journal Page 3134 HB 367 Objection was heard, and the members were required to vote. Representative Mackie declared a conflict of interest. The question being: "Shall CSHB 367(JUD) pass the House?" The roll was taken with the following result: CSHB 367(JUD) Third Reading Final Passage YEAS: 23 NAYS: 10 EXCUSED: 6 ABSENT: 1 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, B.Davis, Finkelstein, Hoffman, Mackie, Mulder, Parnell, Ulmer, Willis Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund Absent: Nicholia And so, CSHB 367(JUD) passed the House. Representative Ulmer gave notice of reconsideration of her vote on CSHB 367(JUD). HB 478 The following was read the second time: 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." 1994-04-05 House Journal Page 3135 HB 478 with the: Journal Page HES RPT CS(HES) 9DP 2678 LETTER OF INTENT WITH HES REPORT 2679 -2 ZERO FISCAL NOTES (DHSS) 3/9/94 2680 JUD RPT CS(HES) 3DP 3NR 3041 -2 PREVIOUS ZERO FISCAL NOTES (DHSS) 3/9 3042 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. 478(HES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative MacLean: Page 1, line 1, after "paramedics" (title amendment): Insert ", physician assistants," Page 1, line 9, after "paramedic": Insert ", physician assistant," Page 2, line 3, after "paramedic": Insert "or physician assistant" Page 2, lines 11, 14, 18 and 25, after "paramedic": Insert ", physician assistant," Representative MacLean 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 the authority of mobile intensive care paramedics, physician assistants, and emergency medical technicians to pronounce death under certain circumstances." 1994-04-05 House Journal Page 3136 HB 478 Amendment No. 2 was offered by Representative Brown: Page 2, line 22, after "known": Delete "and" Page 2, line 23, after "death": Delete "." Insert "; and" Page 2, after line 23, insert a new paragraph to read: "(4) circumstances of death that may apply to AS 12.65.020 or AS 12.65.040." Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 478(HES) am Second Reading Amendment No. 2 YEAS: 10 NAYS: 22 EXCUSED: 6 ABSENT: 2 Yeas: Brice, Brown, B.Davis, Finkelstein, Hoffman, Larson, Mackie, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Davidson, Davies, Grussendorf, Menard, Navarre, Nordlund 1994-04-05 House Journal Page 3137 HB 478 Absent: Carney, Nicholia G.Davis changed from "Yea" to "Nay". And so, Amendment No. 2 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 478(HES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 478(HES) am was read the third time. **The presence of Representative Grussendorf was noted. The question being: "Shall CSHB 478(HES) am pass the House?" The roll was taken with the following result: CSHB 478(HES) am Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 5 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Davies, Menard, Navarre, Nordlund Absent: Nicholia And so, CSHB 478(HES) am passed the House. 1994-04-05 House Journal Page 3138 HB 478 Representative Phillips moved and asked unanimous consent that the House Health, Education & Social Services Committee Letter of Intent (page 2679) be adopted. There being no objection, it was so ordered. Representative Ulmer gave notice of reconsideration of her vote on CSHB 478(HES) am. ANNOUNCEMENTS Finance Committee Capitol 519 3:00 p.m., 4/5 (TIME CHANGE) The Speaker stated that, without objection, the House would recess until 6:00 p.m. And so, the House recessed at 2:48 p.m. AFTER RECESS The House was called back to order at 6:19 p.m. SECOND READING OF HOUSE BILLS (continued) HB 513 The following was read the second time: HOUSE BILL NO. 513 "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date." with the: Journal Page L&C REFERRAL WAIVED 2586 STA RPT CS(STA) 4DP 3NR 2931 -ZERO FISCAL NOTE (DEC) 3/23/94 2931 JUD RPT CS(STA) 4DP 2NR 3043 -PREVIOUS ZERO FISCAL NOTE (DEC) 3/23/94 3044 1994-04-05 House Journal Page 3139 HB 513 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. 513(STA) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 1, line 1, after "Act"(title amendment): Insert "relating to the tax on transfers or consumption of motor fuel, and to the proceeds from the tax;" Page 1, after line 3: Insert new bill sections to read: "* Section 1. AS43.40.010(a) is amended to read: (a) There is levied a tax of nine [EIGHT] cents a gallon on all motor fuel sold or otherwise transferred within the state, except that (1) the tax on aviation gasoline is four cents a gallon, (2) the tax on motor fuel used in and on watercraft of all descriptions is five cents a gallon, and (3) the tax on all aviation fuel other than gasoline is two and one-half cents a gallon. * Sec. 2. AS43.40.010(b) is amended to read: (b) There is levied a tax of nine [EIGHT] cents a gallon on all motor fuel consumed by a user, except that (1) the tax on aviation gasoline consumed is four cents a gallon, (2) the tax on motor fuel used in and on watercraft of all descriptions is five cents a gallon, and (3) the tax on all aviation fuel other than gasoline is two and one-half cents a gallon. 1994-04-05 House Journal Page 3140 HB 513 * Sec. 3. AS43.40.010(g) is repealed and reenacted to read: (g) The proceeds of the revenue from the tax on all motor fuels, except as provided in (e), (f), (j), and (m) of this section, shall be deposited in a special highway fuel tax account in the state general fund. The legislature may use the annual estimated balance of the account to make appropriations for expenditure by the Department of Transportation and Public Facilities directly or as matched with available federal-aid highway money for maintenance of highways, construction of highway projects and ferries included in the program provided for in AS19.10.150, including approaches, appurtenances, and related facilities, and acquisition of rights-of-way or easements, and for other highway costs including surveys, administration, and related matters. * Sec. 4. AS43.40.010 is amended by adding a new subsection to read: (m) The proceeds of the revenue from one cent of the nine- cent tax imposed by (a) and (b) of this section shall be deposited in a special storage tank assistance account in the state general fund. The legislature may appropriate from this account to the storage tank assistance fund established by AS46.03.410. * Sec. 5. AS43.40.030(a) is amended to read: (a) Except as specified in AS43.40.010(j), a person who uses motor fuel to operate an internal combustion engine is entitled to a refund of seven [SIX] cents a gallon if (1) the tax on the motor fuel has been paid; (2) the motor fuel is not aviation fuel, or motor fuel used in or on watercraft; and (3) the internal combustion engine is not used in or in conjunction with a motor vehicle licensed to be operated on public ways." Page 1, line 4: Delete "Section 1." Insert "Sec. 6." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. 1994-04-05 House Journal Page 3141 HB 513 Representative Phillips objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 513(STA) Second Reading Amendment No. 1 YEAS: 10 NAYS: 23 EXCUSED: 5 ABSENT: 2 Yeas: Brice, Brown, Carney, B.Davis, Finkelstein, Green, Hoffman, Mackie, Sitton, Ulmer Nays: Barnes, Bunde, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Davidson, Davies, Menard, Navarre, Nordlund Absent: MacLean, Nicholia And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 513(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 513(STA) was read the third time. The question being: "Shall CSHB 513(STA) pass the House?" The roll was taken with the following result: CSHB 513(STA) Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 1994-04-05 House Journal Page 3142 HB 513 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Davies, Menard, Navarre, Nordlund Absent: MacLean, Nicholia And so, CSHB 513(STA) 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 CSHB 513(STA). SECOND READING OF HOUSE RESOLUTIONS HJR 54 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 54 Relating to medical savings account legislation. with the: Journal Page HES RPT 6DP 2NR 2924 -ZERO FISCAL NOTE (H.HESS) 3/23/94 2925 Representative Phillips moved and asked unanimous consent that SSHJR 54 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-04-05 House Journal Page 3143 HJR 54 SSHJR 54 was read the third time. The question being: "Shall SSHJR 54 pass the House?" The roll was taken with the following result: SSHJR 54 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Davies, Menard, Navarre, Nordlund Absent: Hoffman, Nicholia And so, SSHJR 54 passed the House and was referred to the Chief Clerk for engrossment. HJR 61 The following was read the second time: HOUSE JOINT RESOLUTION NO. 61 Relating to the Western Alaska Community Development Quota Program and the North Pacific Fishery Management Council Comprehensive Rationalization Program. with the: Journal Page FSH RPT 2DP 1NR 2832 -ZERO FISCAL NOTE (H.FSH/F&G) 3/16/94 2833 RES RPT 8DP 3038 -PREVIOUS ZERO FN (H.FSH/F&G) 3/16 3038 1994-04-05 House Journal Page 3144 HJR 61 Representative Phillips moved and asked unanimous consent that HJR 61 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 61 was read the third time. The question being: "Shall HJR 61 pass the House?" The roll was taken with the following result: HJR 61 Third Reading Final Passage YEAS: 33 NAYS: 0 EXCUSED: 5 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Davies, Menard, Navarre, Nordlund Absent: Hoffman, Nicholia And so, HJR 61 passed the House and 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 - Mat-Su Alternative School By Representatives Carney, Menard, Larson, Brown, B.Davis, Foster, James, Navarre, Ulmer, Willis; Senators Halford, Kerttula 1994-04-05 House Journal Page 3145 Honoring - Peter Butteri By Representatives Nicholia, B.Davis, Foster, James, Ulmer, Willis Honoring - Village Public Safety Officer Academy Graduates By Senator Zharoff; Representatives Brice, Brown, B.Davis, Foster, James, Mackie, Navarre, Nordlund, Parnell, Porter, Phillips, Ulmer, Willis Honoring - Donald F. Behrend By Senator Kelly; Representatives B.Davis, Brice, Brown, Foster, Hanley, James, Mackie, Navarre, Nordlund, Parnell, Porter, Phillips, Toohey, Ulmer, Willis In Memoriam - Ted Ferry By Senators Taylor, Halford; Representatives Williams, B.Davis, Foster, Grussendorf, James, Mackie, Navarre, Ulmer, 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 Bunde - from 7:00 p.m., April 15 to 7:00 p.m., plane time, April 17, 1994 Representative Toohey - from 6:30 p.m., April 8 to 1:00 p.m., plane time, April 10, 1994 Representative Ulmer - from 8:10 p.m., April 13 to 7:30 p.m., plane time, April 18, 1994 Representative Willis - from 4:30 p.m., April 14 to 8:00 p.m., plane time, April 17, 1994 There being no objection, it was so ordered. ENGROSSMENT HJR 54 SSHJR 54 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-05 House Journal Page 3146 HJR 61 HJR 61 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 358 CSHB 358(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 459 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 459(JUD) am "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims." HB 505 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 505(FIN)(brf fld)(efd fld) "An Act making appropriations to the constitutional budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska; making an appropriation to the Department of Education for school construction debt retirement." 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., April 6, 1994. There being no objection, the House adjourned at 6:43 p.m. Suzi Lowell Chief Clerk