Legislature(1993 - 1994)

1994-04-13 House Journal

Full Journal pdf

1994-04-13                     House Journal                      Page 3397
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday            April 13, 1994         
                                                                               
                                                                               
                              Ninety-fourth Day                              
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:36 a.m.                                                           
                                                                               
Roll call showed 39 members present.  Representative Nordlund was              
absent.                                                                        
                                                                               
The invocation was offered by the Chaplain, Leigh Anne Gubatoyao               
of the Juneau Baha'i Faith.  Representative Kott moved and asked               
unanimous consent that the invocation be spread on the journal.  There         
being no objection, it appears below:                                          
                                                                               
"O my God!  O my God!  Verily, these servants are turning                     
to Thee, supplicating Thy kingdom of mercy.  Verily, they are                  
attracted by Thy holiness and set aglow with the fire of Thy                   
love, seeking confirmation from Thy wondrous kingdom, and                      
hoping for attainment in Thy heavenly realm.  Verily, they                     
long for the descent of Thy bestowal, desiring illumination                    
from the Sun of Reality.  O Lord!  Make them radiant lamps,                    
merciful signs, fruitful trees and shining stars.  May they come               
forth in Thy service and be connected with Thee by the bonds                   
and ties of Thy love, longing for the lights of Thy favor.  O                  
Lord!  Make them signs of guidance, standards of Thine                         
immortal kingdom, waves of the sea of Thy mercy, mirrors of                    
the light of Thy majesty.                                                      
                                                                               
Verily, Thou art the Generous.  Verily, Thou art the Merciful.                
Verily, Thou art the Precious, the Beloved.  --'Abdu'l-Baha"                   
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative B.Davis.                    
                                                                               
                                       1                                       

1994-04-13                     House Journal                      Page 3398
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 92nd and 93rd legislative days be approved as certified        
by the Chief Clerk.  There being no objection, it was so ordered.              
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
A letter dated April 12, 1994, was read stating that, in accordance with       
AS 39.05.080 and Article III, sections 25 and 26, of the Alaska                
Constitution, the Governor submits the following names for legislative         
confirmation of appointment to the positions noted:                            
                                                                               
The following appointments were referred to the Health, Education &            
Social Services Committee:                                                     
                                                                               
Board of Barbers and Hairdressers                                              
                                                                               
Lawrence R. Krupa - North Pole                                                
Appointed: 04/08/94; Expires: 07/01/97                                       
                                                                               
                                                                               
State Medical Board                                                            
                                                                               
Edward D. Spencer, M.D. - Palmer                                              
Appointed: 02/18/92; Reappointment effective: 04/21/94;                      
Expires: 04/21/98                                                              
                                                                               
                                                                               
Board of Nursing                                                               
                                                                               
Patricia "Gail" Kelley, A.N.P. - Kodiak                                       
Appointed: 04/11/94; Expires: 03/31/98                                       
                                                                               
                                                                               
Board of Pharmacy                                                              
                                                                               
Kendal L. Kaihoi, R.Ph. - Fairbanks                                           
Appointed: 04/08/94; Expires: 04/01/98                                       
                                                                               

1994-04-13                     House Journal                      Page 3399
The following appointment was referred to the Labor & Commerce                 
Committee:                                                                     
                                                                               
Occupational Safety and Health Review Board                                    
                                                                               
James J. Ginnaty - Sitka                                                      
Appointed: 04/08/94; Expires: 08/01/97                                       
                                                                               
                                                                               
The following appointment was referred to the Resources Committee:             
                                                                               
Board of Game                                                                  
                                                                               
Thomas Johnson - Nome                                                         
Appointed: 04/08/94; Expires: 01/31/96                                       
                                                                               
                                                                               
A resume for each appointment was submitted to the Chief Clerk.                
                                                                               
                                                                               
SB 77                                                                        
A message dated April 12, 1994, was read stating the Governor has              
signed the following bill and is transmitting the engrossed and enrolled       
copies to the Lieutenant Governor's Office for permanent filing:               
                                                                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 77(RES) am H                              
"An Act relating to the powers of the Board of Game and to                    
intensive management of big game to achieve higher sustained                   
yield for human harvest."                                                      
                                                                              
Chapter No. 13, SLA 1994                                                      
                                                                               
Effective date:  July 11, 1994                                                
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
A message dated April 12, 1994, was read stating the Senate has                
passed the following and they are transmitted for consideration:               
                                                                               

1994-04-13                     House Journal                      Page 3400
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 92                                                                        
CS FOR SENATE BILL NO. 92(CRA)(efd am) by the Senate                           
Community & Regional Affairs Committee, entitled:                              
                                                                               
"An Act relating to an advisory vote during regional educational              
attendance area school board elections; and providing for an                   
effective date."                                                               
                                                                               
was read the first time and referred to the Health, Education & Social         
Services and Finance Committees.                                               
                                                                               
SB 342                                                                       
CS FOR SENATE BILL NO. 342(L&C) by the Senate Labor &                          
Commerce Committee, entitled:                                                  
                                                                               
"An Act relating to risk based capital for insurers; and providing            
for an effective date."                                                        
                                                                               
was read the first time and referred to the State Affairs and Judiciary        
Committees.                                                                    
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
The Resources Committee has considered the confirmation of the                 
following appointments.  The recommendations of the members of the             
committee are as follows:                                                      
                                                                               
                               Thomas Scarborough                              
                                                                               
as a member of the Alaska Big Game Commercial Services Board.                  
                                                                               
Do confirm (5):  Hudson, Carney, James, Bunde, Williams                        
                                                                               
No recommendation (2):  Green, Davies                                          
                                                                               
                                   Scott Ogan                                  
                                                                               
as a member of the Alaska Big Game Commercial Services Board.                  
                                                                               

1994-04-13                     House Journal                      Page 3401
Do confirm (5):  Hudson, Carney, Davies, Bunde, Williams                       
                                                                               
No recommendation (2):  Green, James                                           
                                                                               
                                 Dale Anderson                                 
                                                                               
as a member of the Alaska Commercial Fisheries Entry Commission.               
                                                                               
Do confirm (5):  Hudson, Carney, James, Bunde, Williams                        
                                                                               
No recommendation (2):  Green, Davies                                          
                                                                               
                                   Dick Bower                                  
                                                                               
as a member of the Alaska Board of Fisheries.                                  
                                                                               
Do confirm (3):  Hudson, Green, Bunde                                          
                                                                               
Do not confirm (1):  Williams                                                  
                                                                               
No recommendation (3):  Carney, James, Davies                                  
                                                                               
                                                                               
                                   Kay Andrew                                  
                                                                               
as a member of the Alaska Board of Fisheries.                                  
                                                                               
Do confirm (3):  Hudson, Bunde, Williams                                       
                                                                               
Do not confirm (4):  Carney, Green, James, Davies                              
                                                                               
                                                                               
                                  Larry Engel                                  
                                                                               
as a member of the Alaska Board of Fisheries.                                  
                                                                               
Do confirm (5):  Carney, Green, James, Davies, Bunde                           
                                                                               
Do not confirm (1):  Williams                                                  
                                                                               
No recommendation (1):  Hudson                                                 
                                                                               

1994-04-13                     House Journal                      Page 3402
                                 Richard Burley                                
                                                                               
as a member of the Alaska Board of Game.                                       
                                                                               
Do confirm (5):  Hudson, Carney, James, Bunde, Williams                        
                                                                               
No recommendation (2):  Green, Davies                                          
                                                                               
                                   Ed Grasser                                  
                                                                               
as a member of the Alaska Board of Game.                                       
                                                                               
Do confirm (6):  Hudson, Carney, James, Davies, Bunde, Williams                
                                                                               
No recommendation (1):  Green                                                  
                                                                               
                                 Ernest Polley                                 
                                                                               
as a member of the Alaska Board of Game.                                       
                                                                               
Do confirm (7):  Hudson, Carney, Green, James, Davies, Bunde,                  
Williams                                                                       
                                                                               
                               Tuckerman Babcock                               
                                                                               
as a member of the Alaska Oil and Gas Conservation Commission.                 
                                                                               
Do confirm (5):  Hudson, Carney, Green, James, Bunde                           
                                                                               
Do not confirm (1):  Davies                                                    
                                                                               
No recommendation (1):  Williams                                               
                                                                               
The reports were signed by Representative Williams, Chair.                     
                                                                               
**The presence of Representative Nordlund was noted.                           
                                                                               
HCR 34                                                                       
The Labor & Commerce has considered:                                           
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 34                                            
Declaring June 5 - 11, 1994, as Alaska Garden Week.                           

1994-04-13                     House Journal                      Page 3403
HCR 34                                                                       
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Sitton, Williams, Hudson                                 
                                                                               
The following fiscal note applies to HCR 34:                                   
                                                                               
Zero fiscal note, House Labor & Commerce Committee, 4/13/94                    
                                                                               
HCR 34 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
HJR 64                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
HOUSE JOINT RESOLUTION NO. 64                                                 
Relating to the projects of the Alaska Aerospace Development                  
Corporation for satellite ground stations and a rocket launch                  
facility.                                                                      
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (4):  Porter, Sitton, Williams, Hudson                                 
                                                                               
The following fiscal note applies to HJR 64:                                   
                                                                               
Zero fiscal note, House Labor & Commerce Committee/University of               
Alaska, 4/13/94                                                                
                                                                               
HJR 64 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
HB 420                                                                       
The State Affairs Committee has considered:                                    
                                                                               
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420                                     
"An Act relating to limited liability companies; amending Alaska              
Rules of Civil Procedure 20 and 24; and providing for an effective             
date."                                                                         

1994-04-13                     House Journal                      Page 3404
HB 420                                                                       
and recommends it be replaced with:                                            
                                                                               
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO.                                  
420(STA)                                                                       
"An Act relating to limited liability companies; and providing for            
an effective date."                                                            
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (1):  Olberg                                                           
                                                                               
No recommendation (4):  Vezey, Kott, G.Davis, B.Davis                          
                                                                               
The following fiscal note applies to CSSSHB 420(STA):                          
                                                                               
Zero fiscal note, Dept. of Commerce & Economic Development, 3/9/94             
                                                                               
SSHB 420 was referred to the Rules Committee for placement on the              
calendar.                                                                      
                                                                               
                                                                               
HB 541                                                                       
The State Affairs Committee has considered:                                    
                                                                               
HOUSE BILL NO. 541                                                            
"An Act providing for an advisory vote of the people concerning               
a preferred alternative for increasing revenue available to support            
state government; and providing for an effective date."                        
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (2):  Vezey, G.Davis                                                   
                                                                               
No recommendation (3):  Kott, Olberg, B.Davis                                  
                                                                               
The following fiscal note applies to HB 541:                                   
                                                                               
Fiscal note, Office of the Governor, 4/13/94                                   
                                                                               

1994-04-13                     House Journal                      Page 3405
HB 541                                                                       
The Speaker added a Finance Committee referral, and so, HB 541 was             
sent to the Finance Committee.                                                 
                                                                               
                                                                               
SJR 51                                                                       
The Labor & Commerce Committee has considered:                                 
                                                                               
SENATE JOINT RESOLUTION NO. 51                                                
Expressing support for the development of a fiberboard plant in               
Sitka; encouraging the Alaska Industrial Development and Export                
Authority to continue its efforts to assist with that development;             
and requesting the United States Forest Service to continue a                  
long-term timber purchase contract necessary to supply material to             
the plant.                                                                     
                                                                               
The report was signed by Representative Hudson, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Porter, Williams, Hudson                                         
                                                                               
No recommendation (1):  Sitton                                                 
                                                                               
The following fiscal note applies to SJR 51:                                   
                                                                               
Zero fiscal note, Senate Labor & Commerce Committee, 4/5/94                    
                                                                               
SJR 51 is on today's calendar.                                                 
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Ellen McKelvey, 1994 School Librarian of the Year                   
By Representative Mulder                                                       
                                                                               
Honoring - Noel Wien Library                                                   
By Representative Sitton                                                       
                                                                               

1994-04-13                     House Journal                      Page 3406
Honoring - Captain Robert C. Gravino                                           
By Senator Zharoff; Representative Davidson                                    
                                                                               
Honoring - David J. Walsh, First Alaskan Elected President of the              
National Association of Insurance Commissioners                                
By Senator Pearce; Representative Mulder                                       
                                                                               
                                                                               
                               RECONSIDERATION                               
HB 370                                                                       
Representative Larson brought up reconsideration of the vote on CSHB
370(FIN)(brf fld)(efd fld) (page 3388).                                        
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 370(FIN)                                                
"An Act making appropriations for the operating and loan program              
expenses of state government and to capitalize funds; making                   
appropriations under art. IX, sec. 17(c), of the Constitution of the           
State of Alaska, from the constitutional budget reserve fund; and              
providing for an effective date."                                              
                                                                               
                                                                               
Representative Larson moved and asked unanimous consent that CSHB
370(FIN) be returned to second reading for the specific purpose of             
considering Amendment No. 86.  There being no objection, it was so             
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 86 was offered  by Representative Larson:                         
                                                                               
Page 2, line 20, after "sec. 17":                                              
                                                                               
	Insert "(c)"                                                                  
                                                                               
Page 13, line 15, after "Fund", add the following:                             
                                                                               
"This appropriation is made under art. IX, sec. 17(c), Constitution           
of the State of Alaska."                                                       
                                                                               

1994-04-13                     House Journal                      Page 3407
HB 370                                                                       
Representative Larson moved and asked unanimous consent that                   
Amendment No. 86 be adopted.  There being no objection, it was so              
ordered.                                                                       
                                                                               
The question to be reconsidered:  "Shall CSHB 370(FIN) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
CSHB 370(FIN) am ---RECONSIDERATION                                            
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                 
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
And so, CSHB 370(FIN) am passed the House on reconsideration.                  
                                                                               
Representative Phillips moved the appropriations in Section 6(c),              
Section 22(b), Section 38 and Section 40 (page 13, line 14) under              
Article IX, Section 17(c) of the Constitution of the State of Alaska,          
from the constitutional budget reserve fund.                                   
                                                                               
Representative Ulmer moved and asked unanimous consent that the                
question be divided.                                                           
                                                                               
Objection was heard.                                                           
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
                                                                               
Representative Ulmer moved and asked unanimous consent to                      
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
The call was satisfied.                                                        
                                                                               

1994-04-13                     House Journal                      Page 3408
HB 370                                                                       
The question being:  "Shall the House adopt Section 6(c), 22(b), 38            
and 40 (page 13, line 14) under Article IX, section 17(c)?"  The roll          
was taken with the following result:                                           
                                                                               
CSHB 370(FIN) am --RECONSIDERATION                                             
Third Reading                                                                  
Budget Reserve Fund - Art. IX, sec. 17(c)                                      
Sections 6(c), 22(b), 38, 40                                                   
                                                                               
YEAS:  23   NAYS:  17   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                 
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
And so, lacking the necessary 30 votes, the motion failed and the new          
title appears below:                                                           
                                                                               
CS FOR HOUSE BILL NO. 370(FIN)(brf fld)                                       
"An Act making appropriations for the operating and loan program              
expenses of state government and to capitalize funds; and                      
providing for an effective date."                                              
                                                                               
                                                                               
Representative Phillips moved the effective date clause.                       
                                                                               
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
                                                                               
CSHB 370(FIN)(brf fld)--RECONSIDERATION                                        
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  35   NAYS:  5   EXCUSED:  0   ABSENT:  0                              
                                                                               

1994-04-13                     House Journal                      Page 3409
HB 370                                                                       
Yeas:  Barnes, Brown, Bunde, Davies, B.Davis, 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, Therriault, Toohey,      
Ulmer, Vezey, Williams, Willis                                                 
                                                                               
Nays:  Brice, Carney, Davidson, Menard, Sitton                                 
                                                                               
Navarre changed from "Nay" to "Yea".                                           
Ulmer changed from "Nay" to "Yea".                                             
Nicholia changed from "Nay" to "Yea".                                          
Davies changed from "Nay" to "Yea".                                            
Brown changed from "Nay" to "Yea".                                             
Nordlund changed from "Nay" to "Yea".                                          
Hoffman changed from "Nay" to "Yea".                                           
B.Davis changed from "Nay" to "Yea".                                           
Finkelstein changed from "Nay" to "Yea".                                       
                                                                               
And so, the effective date clause was adopted.                                 
                                                                               
CSHB 370(FIN)(brf fld) was referred to the Chief Clerk for                     
engrossment.                                                                   
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following member be excused from a call of the House as noted:                 
                                                                               
Representative Toohey - from 1:30 p.m. to 5:00 p.m., today.                    
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber       1:05 p.m., 4/13         
                                                                               
                                                                               
The Speaker stated the House would stand at ease until 2:00 p.m.  And          
so, the House stood at ease at 12:48 p.m.                                      

1994-04-13                     House Journal                      Page 3410
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 2:20 p.m.                                
                                                                               
                                                                             
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 153                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 153                                                            
"An Act related to sentencing."                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	STA RPT  4DP                                                      481         
	-ZERO FISCAL NOTE  (COURT)  3/1/93                                482         
	JUD RPT  CS(JUD) NEW TITLE 6DP 1NR                               3190         
	-ZERO FISCAL NOTE (CORR) 4/8/94                                  3191         
	FIN REFERRAL WAIVED                                              3360         
                                                                               
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. 153(JUD)                                                
"An Act related to the awarding of special good time deductions               
for prisoners participating in the Point MacKenzie Rehabilitation              
Project; and providing for an effective date."                                 
                                                                               
Representative Ulmer objected.                                                 
                                                                               
The question being:  "Shall CSHB 153(JUD) be adopted in lieu of the            
original bill?"  The roll was taken with the following result:                 
                                                                               
HB 153                                                                         
Second Reading                                                                 
Adopt Judiciary Committee Substitute                                           
                                                                               
YEAS:  23   NAYS:  16   EXCUSED:  1   ABSENT:  0                             
                                                                               

1994-04-13                     House Journal                      Page 3411
HB 153                                                                       
Yeas:  Barnes, Brown, Bunde, G.Davis, Foster, Green, Hanley,                   
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Vezey, Williams        
                                                                               
Nays:  Brice, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund,             
Sitton, Ulmer, Willis                                                          
                                                                               
Excused:  Toohey                                                               
                                                                               
And so, CSHB 153(JUD) was adopted.                                             
                                                                               
Amendment No. 1 was offered  by Representative Davidson:                        
                                                                               
Page 1, line 11:                                                               
                                                                               
Delete "complete month"                                                       
	Insert "30 days"                                                              
                                                                               
Page 1, lines 12 and 13, delete the following:                                 
                                                                               
"A prisoner may not be awarded a special good time                            
deduction for any partial month the prisoner participates in the               
project."                                                                      
                                                                               
Representative Davidson moved and asked unanimous consent that                 
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Phillips objected and withdrew the objection.  There            
being no further objection, Amendment No. 1 was adopted.                       
                                                                               
Amendment No. 2 was offered  by Representatives Brown and Porter:               
                                                                               
Page 2, line 3 - 5:                                                            
                                                                               
	Delete all material and insert:                                               
                                                                               
"(b) The project manager of the Point MacKenzie Rehabilitation                
Project, upon review of a prisoner's behavior, shall recommend to              
the Commissioner whether to award or deny special good time, in                
whole or in part, to a prisoner."                                              

1994-04-13                     House Journal                      Page 3412
HB 153                                                                       
Representative Brown moved and asked unanimous consent that                    
Amendment No. 2 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 153(JUD) am be considered engrossed, advanced to third                    
reading and placed on final passage.                                           
                                                                               
Representative Ulmer objected.                                                 
                                                                               
The Speaker stated that CSHB 153(JUD) am will be in third reading              
on the April 14, 1994, calendar.                                               
                                                                               
                                                                               
The Speaker stated that, without objection, the House would revert to:         
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 505                                                                       
A message dated April 13, 1994, was read stating the Senate has                
passed:                                                                        
                                                                               
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; and making an appropriation to the Department of                       
Education for school construction debt retirement."                            
                                                                               
with the following amendment and it is transmitted for consideration:          
                                                                               
SCS FOR CS FOR HOUSE BILL NO. 505(FIN) am S                                   
"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 support of kindergarten, primary, and secondary education and              
community schools programs and for school construction debt                    
retirement; and making appropriations from the constitutional                  
budget reserve fund under art. IX, sec. 17(c), Constitution of the             
State of Alaska; and providing for an effective date."                         

1994-04-13                     House Journal                      Page 3413
HB 505                                                                       
New title authorized by SCR 21.                                                
                                                                               
CSHB 505(FIN)(brf fld)(efd fld) is under Unfinished Business.                  
                                                                               
                                                                               
A message dated April 13, 1994, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                             OF SENATE RESOLUTIONS                            
                                                                               
                                                                               
SCR 21                                                                       
SENATE CONCURRENT RESOLUTION NO. 21 by the Senate                              
Finance Committee:                                                             
                                                                               
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the                   
Alaska State Legislature concerning House Bill No. 505, making                 
appropriations.                                                                
                                                                               
was read the first time.                                                       
                                                                               
**The presence of Representative Toohey was noted.                             
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/13         
                                                                               
Minority Caucus                                     upon at ease, 4/13         
                                                                               
The Speaker stated that the House would recess until 4:00 p.m.  And            
so, the House recessed at 3:28 p.m.                                            
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The Speaker called the House back to order at 5:51 p.m.                        
                                                                               
                                                                               

1994-04-13                     House Journal                      Page 3414
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
SCR 21                                                                       
Representative Phillips moved and asked unanimous consent that the             
following resolution be taken up as a Special Order of Business at this        
time:                                                                          
                                                                               
SENATE CONCURRENT RESOLUTION NO. 21                                           
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the                   
Alaska State Legislature concerning House Bill No. 505, making                 
appropriations.                                                                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
SCR 21 was read the second time.                                               
                                                                               
The question being:  "Shall SCR 21 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
SCR 21                                                                         
Second Reading                                                                 
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  0   ABSENT:  2                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Davidson, Davies, B.Davis,                 
G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard,                  
Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter,           
Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis            
                                                                               
Absent:  Carney, Nordlund                                                      
                                                                               
And so, SCR 21 passed the House, was signed by the Speaker and                 
Chief Clerk and returned to the Senate.                                        
                                                                               
                                                                               
HB 505                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 3413) on the following at              
this time:                                                                     
                                                                               

1994-04-13                     House Journal                      Page 3415
HB 505                                                                       
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; and making an appropriation to the Department of                       
Education for school construction debt retirement."                            
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 505(FIN) am S                             
"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 support of kindergarten, primary, and secondary education and              
community schools programs and for school construction debt                    
retirement; and making appropriations from the constitutional                  
budget reserve fund under art. IX, sec. 17(c), Constitution of the             
State of Alaska; and providing for an effective date."                         
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved that the House concur in the Senate              
amendment to CSHB 505(FIN)(brf fld)(efd fld), thus adopting SCS                
CSHB 505(FIN) am S, and recommended that the members vote yes.                 
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 505(FIN)(brf fld)(efd fld)?"  The roll was taken with the              
following result:                                                              
                                                                               
SCS CSHB 505(FIN) am S                                                         
Concur                                                                         
                                                                               
YEAS:  40   NAYS:  0   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, Martin,                 
Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell,           
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey,           
Williams, Willis                                                               
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 505(FIN) am S.                                                        

1994-04-13                     House Journal                      Page 3416
HB 505                                                                       
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.           
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
SCS CSHB 505(FIN) am S was referred to the Chief Clerk for                     
enrollment.                                                                    
                                                                               
                                                                               
                                DAILY CALENDAR                               
                                                                               
HB 362                                                                       
Representative Phillips moved and asked unanimous consent that the             
following be returned to the Rules Committee:                                  
                                                                               
HOUSE BILL NO. 362                                                            
"An Act establishing the crime of aiding the nonpayment of child              
support."                                                                      
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 410                                                                       
Representative Phillips moved and asked unanimous consent that the             
following be returned to the Rules Committee:                                  
                                                                               
HOUSE BILL NO. 410                                                            
"An Act relating to real estate appraisers and the Board of                   
Certified Real Estate Appraisers."                                             
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 417                                                                       
Representative Phillips moved and asked unanimous consent that the             
following be returned to the Rules Committee:                                  
                                                                               

1994-04-13                     House Journal                      Page 3417
HB 417                                                                       
HOUSE BILL NO. 417                                                            
"An Act relating to the possession of deadly weapons within the               
grounds of or on the parking lot of preschools, elementary, junior             
high, and secondary schools; and relating to school lockers and                
other containers provided in a public or private school by the                 
school or the school district."                                                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
HB 453                                                                       
Representative Phillips moved and asked unanimous consent that the             
following be returned to the Rules Committee:                                  
                                                                               
HOUSE BILL NO. 453                                                            
"An Act amending the motor fuel tax to establish a different tax              
levy on residual fuel oil used in and on watercraft; and providing             
for an effective date."                                                        
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
SJR 51                                                                       
Representative Phillips moved and asked unanimous consent that the             
following be returned to the Rules Committee:                                  
                                                                               
SENATE JOINT RESOLUTION NO. 51                                                
Expressing support for the development of a fiberboard plant in               
Sitka; encouraging the Alaska Industrial Development and Export                
Authority to continue its efforts to assist with that development;             
and requesting the United States Forest Service to continue a                  
long-term timber purchase contract necessary to supply material to             
the plant.                                                                     
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                               RECONSIDERATION                               
                                                                               
HJR 47                                                                       
Representative Phillips moved and asked unanimous consent that                 
reconsideration of the following, be held until April 14, 1994:                
                                                                               

1994-04-13                     House Journal                      Page 3418
HJR 47                                                                       
HOUSE JOINT RESOLUTION NO. 47 am                                              
Relating to schools on military installations.                                
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 427                                                                       
Representative Phillips moved and asked unanimous consent that                 
reconsideration of the following, be held until April 14, 1994:                
                                                                               
HOUSE BILL NO. 427                                                            
"An Act relating to compensation for members of the Local                     
Boundary Commission."                                                          
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 498                                                                       
Representative Phillips moved and asked unanimous consent that                 
reconsideration of the following, be held until April 14, 1994:                
                                                                               
CS FOR HOUSE BILL NO. 498(FIN)                                                
"An Act providing for exploration incentive credits for activities            
involving locatable and leasable minerals and coal deposits on                 
certain land in the state; and providing for an effective date."               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
HB 506                                                                       
Representative Phillips moved and asked unanimous consent that                 
reconsideration of the following, be held until April 14, 1994:                
                                                                               
CS FOR HOUSE BILL NO. 506(FIN) am                                             
"An Act relating to student loans; to sanctions for defaulting on a           
student loan, including denial of a state occupational license; and            
providing for an effective date."                                              
                                                                               
There being no objection, it was so ordered.                                   

1994-04-13                     House Journal                      Page 3419
                             UNFINISHED BUSINESS                             
                                                                               
HB 453                                                                       
The Finance Committee submitted the following corrected fiscal note:           
                                                                               
Indeterminate fiscal note, Dept. of Revenue, 4/13/94                           
                                                                               
for:                                                                           
                                                                               
CS FOR HOUSE BILL NO. 453(FIN)                                                
"An Act establishing, for purposes of the levy and collection of the          
motor fuel tax and for a limited period, a different tax levy on               
residual fuel oil used in and on certain watercraft; and providing             
for an effective date."                                                        
                                                                               
Representative Grussendorf added his name as cosponsor to HB 453.              
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 370                                                                       
CSHB 370(FIN)(brf fld) 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.            
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., April 14, 1994.  There being no                
objection, the House adjourned at 6:06 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk