Legislature(1993 - 1994)
1994-04-19 House Journal
Full Journal pdf1994-04-19 House Journal Page 3577 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 19, 1994 One Hundredth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:27 a.m. Roll call showed 38 members present. Representative Vezey had been previously excused from a call of the House today. Representative Moses was absent. The invocation was offered by the Chaplain, Judy Minor, representing the Christian Science Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "In Romans we read ` . . . be not conformed to this world: but be ye transformed by the renewing of your mind, that ye may prove what is good, and acceptable and perfect, will of God.' Father, this world would have us conform to its fears and limitations in all things. It aggressively maintains there is not enough time or money or patience to solve the problems that confront us. We do just as aggressively and importunately claim our divine right to be renewed each hour, spiritually and physically by Your goodness pouring forth in abundance to all willing to listen. 1 1994-04-19 House Journal Page 3578 Let us remember how the destitute widow's oil kept flowing and flowing into larger vessels from her small cruse after Elisha asked her to look at what she had in her house with new eyes. It seemed very little but it was enough when given gratefully to God's glory first. Even so our abundance is at hand when we open our thought to gratitude, renewal and brotherly love. Father, You know our hearts. You know we are gathered here today to prove what is good and acceptable and perfect in Your sight. We ask Your help in recognizing the difference between the subtle pressure of conformation and the elevating peace of transformation. Amen." The Pledge of Allegiance was led by Representative Davies. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 99th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HCR 32 The Finance Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 32 Establishing the Joint Task Force on Military Bases in Alaska. The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Foster, Hanley, Parnell, Therriault 1994-04-19 House Journal Page 3579 HCR 32 No recommendation (7): MacLean, Larson, Martin, Grussendorf, Hoffman, Navarre, Brown The following fiscal note applies to HCR 32: Zero fiscal note, Legislative Affairs Agency, 4/19/94 HCR 32 was referred to the Rules Committee for placement on the calendar. HB 445 The Finance Committee has considered: HOUSE BILL NO. 445 "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Larson, Hanley, Navarre, Martin, Grussendorf, Therriault No recommendation (2): Hoffman, Brown The following fiscal notes apply to HB 445: Fiscal note, Dept. of Public Safety, 2/4/94 Zero fiscal notes (2), Dept. of Administration, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 HB 445 was referred to the Rules Committee for placement on the calendar. 1994-04-19 House Journal Page 3580 HB 501 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 501 "An Act relating to Native corporations; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (1): Williams No recommendation (2): Sanders, Olberg Amend (2): Davies, Willis A House Community & Regional Affairs Committee Letter of Intent for HB 501, signed by Representative Olberg, Chair, appears below: "The House Community & Regional Affairs Committee considered House Bill 501 and recommends that the House Judiciary Committee allow for statewide teleconferencing before taking any action. Please invite Mr. Larry Carroll, Senior Securities Examiner, Division of Banking, Securities and Corporations to attend any meeting on this bill." The following fiscal note applies to HB 501: Zero fiscal note, Dept. of Commerce & Economic Development, 4/19/94 HB 501 was referred to the Judiciary Committee. HB 523 The Judiciary Committee has considered: HOUSE BILL NO. 523 "An Act amending Alaska Rule of Criminal Procedure 6(r) relating to admissibility of hearsay evidence by peace officers before the grand jury." 1994-04-19 House Journal Page 3581 HB 523 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Kott, James, Porter, Phillips No recommendation (1): Davidson The following fiscal notes apply to HB 523: 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 523 was referred to the Rules Committee for placement on the calendar. SJR 39 The Judiciary Committee has considered: SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. and recommends it be replaced with the following committee substitute, with a new title pending authorization by HCR 35: HOUSE CS FOR SENATE JOINT RESOLUTION NO. 39(JUD) Proposing amendments to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be unreasonably denied or infringed by the state or a political subdivision of the state, and establishing that the expanded right to keep and bear arms does not change the level of judicial scrutiny applicable to the review of laws relating to weapons. 1994-04-19 House Journal Page 3582 SJR 39 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): James, Porter, Phillips No recommendation (2): Davidson, Green Amend (1): Kott The following fiscal notes apply to HCS SJR 39(JUD): Senate fiscal note, Office of the Governor, 1/24/94 Senate zero fiscal note, Dept. of Public Safety, 2/15/94 SJR 39 was referred to the Finance Committee. SB 24 The Judiciary Committee has considered: SENATE BILL NO. 24 "An Act extending the maximum period of probation after conviction." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Green, James, Porter No recommendation (3): Kott, Phillips, Davidson The following fiscal notes apply to SB 24: Senate zero fiscal note, Dept. of Corrections, 3/2/94 Senate zero fiscal note, Dept. of Public Safety, 3/2/94 Senate zero fiscal note, Dept. of Law, 3/2/94 Senate zero fiscal note, Alaska Court System, 3/2/94 SB 24 was referred to the Finance Committee. 1994-04-19 House Journal Page 3583 SB 221 The Judiciary Committee has considered: SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, James, Porter, Phillips No recommendation (2): Kott, Davidson The following fiscal notes apply to SB 221: Senate zero fiscal notes (2), Dept. of Administration, 1/26/94 Senate zero fiscal note, Dept. of Public Safety, 1/26/94 Senate zero fiscal note, Dept. of Law, 1/26/94 Senate zero fiscal note, Alaska Court System, 2/9/94 Senate zero fiscal note, Department of Health & Social Services, 2/9/94 SB 221 was referred to the Rules Committee for placement on the calendar. SB 286 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 286(RLS) am "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, James, Phillips 1994-04-19 House Journal Page 3584 SB 286 No recommendation (2): Green, Kott The following fiscal note applies to CSSB 286(RLS) am: Senate zero fiscal note, Dept. of Corrections, 2/18/94 CSSB 286(RLS) am was referred to the Rules Committee for placement on the calendar. SB 321 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 321(FIN) "An Act relating to the taking of a legible set of fingerprints when a person is arrested, upon initial appearance or arraignment, upon the conviction of the person, and when the person is received at a correctional facility, and providing that the set of fingerprints shall be provided to the Department of Public Safety; relating to criminal and crime records and information; requiring the reporting of information concerning homicides and suspected homicides to the Department of Public Safety for analysis; requiring the Department of Public Safety to participate in the Federal Bureau of Investigation, Violent Criminals Apprehension Program." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, Kott, James, Porter, Phillips, Davidson The following fiscal notes apply to CSSB 321(FIN): Senate zero fiscal note, Dept. of Corrections, 3/21/94 Senate zero fiscal notes (2), Dept. of Public Safety, 3/7/94 CSSB 321(FIN) was referred to the Rules Committee for placement on the calendar. SB 322 The Judiciary Committee has considered: 1994-04-19 House Journal Page 3585 SB 322 CS FOR SENATE BILL NO. 322(FIN) "An Act repealing the requirement that an oil or gas lease sale be held during the calendar quarter for which scheduled under the leasing program and repealing related allowable delays for certain oil and gas lease sales under the Alaska Land Act; 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 The following fiscal note applies to CSSB 322(FIN): Senate zero fiscal note, Dept. of Natural Resources, 2/23/94 CSSB 322(FIN) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Tundra Drums and KYUK TV/AM, Media Excellence By Representatives Hoffman, Ulmer, Brice, Brown, Carney, Davidson, Davies, B.Davis, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis; Senators Adams, Lincoln, Kerttula, Duncan, Zharoff, Donley, Salo, Little, Ellis Honoring - Stan Swetzoff, 1994 Arctic Winter Games Two-time Silver Medalist By Senator Jacko INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 35 HOUSE CONCURRENT RESOLUTION NO. 35 by the House Judiciary Committee: 1994-04-19 House Journal Page 3586 HCR 35 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Joint Resolution No. 39, proposing a constitutional amendment relating to the right to keep and bear arms. was read the first time and referred to the Rules Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 141 The following was read the second time: CS FOR SENATE BILL NO. 141(L&C) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." with the: Journal Page L&C REFERRAL WAIVED 1449 FIN RPT HCS(FIN) 1DP 5NR 3541 -2 FISCAL NOTES (ADM, DOE) 4/18/94 3542 -ZERO FISCAL NOTE (DCED) 4/18/94 3542 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 141(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 141(FIN) was read the third time. 1994-04-19 House Journal Page 3587 SB 141 The question being: "Shall HCS CSSB 141(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 141(FIN) Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: MacLean, Martin Excused: Vezey Absent: Moses And so, HCS CSSB 141(FIN) passed the House and was referred to the Chief Clerk for engrossment. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 4/19 Minority Caucus upon at ease, 4/19 The Speaker stated the House would stand at ease for a Majority Caucus and so, the House stood at ease at 10:41 a.m. AFTER AT EASE The House was called back to order at 11:09 a.m. 1994-04-19 House Journal Page 3588 SECOND READING OF SENATE BILLS (continued) SB 178 The following was read the second time: CS FOR SENATE BILL NO. 178(JUD) am(efd fld) "An Act relating to civil nuisance actions." with the: Journal Page JUD RPT HCS(JUD) 2DP 2DNP 3NR 1429 -SENATE ZERO FN (LAW) 4/13/93 1429 FIN RPT HCS(FIN) NEW TITLE (TECHNICAL 2903 TITLE CHANGE) 2DP 2DNP 6NR 2904 -ZERO FISCAL NOTE (LAW) 3/21/94 2904 **The presence of Representative Moses was noted. Representative Phillips moved and asked unanimous consent that the following committee substitute with a technical title change be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 178(FIN) "An Act relating to civil nuisance actions; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Nordlund: Page 1, lines 1 - 2 (title amendment): Delete "amending Alaska Rules of Civil Procedure 79 and 82;" Page 2, line 30, following "defense.", through page 3, line 1: Delete all material. Page 3, lines 6 - 11: Delete all material. Renumber the following bill sections accordingly. 1994-04-19 House Journal Page 3589 SB 178 Representative Nordlund moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Porter objected. Representative Navarre rose to a point of order stating the title change violates the Uniform Rules. The Speaker ruled the title change to be technical, citing an opinion from legal counsel. The Speaker stated that the House would stand at ease until 12:00 noon, and so, the House stood at ease at 11:22 a.m. AFTER AT EASE The House was called back to order at 12:11 p.m. SECOND READING OF SENATE BILLS (continued) SB 178 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Larson, Menard, Navarre, Nicholia, Nordlund, Parnell, Sitton, Ulmer, Willis 1994-04-19 House Journal Page 3590 SB 178 Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brown: Page 2, line 30 following "prevails in": Delete "the defense of the" Insert "a" 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: HCS CSSB 178(FIN) Second Reading Amendment No. 2 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 2 was not adopted. 1994-04-19 House Journal Page 3591 SB 178 Amendment No. 3 was offered by Representative Brown: Page 2, line 12, after "long as": Delete "both of" Page 2, line 15, after "creates a": Insert "civil public or private" Page 2, after line 18: Insert a new subparagraph to read: "(3) 18 AAC 50.110 defines air pollution as creating a civil public or private nuisance." Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 3 YEAS: 14 NAYS: 24 EXCUSED: 1 ABSENT: 1 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Williams 1994-04-19 House Journal Page 3592 SB 178 Excused: Vezey Absent: Toohey And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 2, line 11, after "authorization": Insert "The provisions of (b) of this section do not apply unless the authorizing license, permit or order was issued after a written finding by the authorizing agency that no substantial or unreasonable interference with the use or enjoyment of real property, including water, will result from the authorized activity." Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 4 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1994-04-19 House Journal Page 3593 SB 178 Nays: Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brown: Page 2, line 1: Delete "and" Page 2, line 6: Delete "or" Insert "and" Page 2, after line 6, insert a new subparagraph to read: "(C) issued after a showing by the licensee, permittee, or person subject to the order that the proposed activity will not result in any emission or discharge that is injurious to human health or welfare, animal or plant life, or property, or that would injuriously interfere with the enjoyment of life or property; or" Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 5 YEAS: 12 NAYS: 25 EXCUSED: 1 ABSENT: 2 1994-04-19 House Journal Page 3594 SB 178 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey Absent: Navarre, Sitton And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Nordlund: Page 3, lines 12 - 14: Delete all material. Renumber the following section. Representative Nordlund moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Porter objected. Representative Toohey rose to a point of order regarding disparaging remarks against people or corporations. The Speaker stated the point was well taken and cautioned the member to proceed in order. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: 1994-04-19 House Journal Page 3595 SB 178 HCS CSSB 178(FIN) Second Reading Amendment No. 6 YEAS: 18 NAYS: 21 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Green, Hoffman, Hudson, Larson, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Grussendorf, Hanley, James, Kott, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Brown: Page 1, line 10 after "discharge": Insert "for a specific pollutant" Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 7 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 1994-04-19 House Journal Page 3596 SB 178 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Nordlund: Page 1, line 9, following "than": Insert "hazardous waste or" Page 3, following line 1: Insert a new subsection to read: "(g) In this section, `hazardous waste' has the meaning given in AS 46.03.900." Representative Nordlund moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Therriault objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 8 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 1994-04-19 House Journal Page 3597 SB 178 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Finkelstein: Page 3, line 18: Delete all material. Insert a new bill section to read: "*Sec. 7. This Act takes effect July 31, 1995." Representative Finkelstein moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN) Second Reading Amendment No. 9 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1994-04-19 House Journal Page 3598 SB 178 Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Vezey And so, Amendment No. 9 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 178(FIN) be considered engrossed, advanced to third reading and placed on final passage. Objection was heard. The Speaker stated that HCS CSSB 178(FIN) will be in third reading on the April 20, 1994, calendar. The Speaker stated that, without objection, the House would revert to: REPORTS OF STANDING COMMITTEES SB 220 The Judiciary 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 Porter, Chair, with the following individual recommendations: Do pass (5): Green, James, Porter, Phillips, Davidson No recommendation (1): Kott 1994-04-19 House Journal Page 3599 SB 220 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 CSSB 220(STA) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 69 The Conference Committee considering CSHB 69(FIN) and SCS CSHB 69(RLS) am S recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." The report was signed by Representative Phillips, Chair, and Representatives Barnes and Ulmer and Senator Taylor, Chair, and Senators Leman and Donley. The following fiscal notes apply to CCSHB 69: Fiscal note, Dept. of Public Safety, 3/3/94 Zero fiscal notes (2), Dept. of Administration, 3/3/94 Zero fiscal note, Dept. of Corrections, 3/3/94 Zero fiscal note, Dept. of Law, 3/3/94 The report is under Unfinished Business. THIRD READING OF HOUSE BILLS HB 222 The following, which was advanced to third reading from the April 18, 1994, calendar (page 3546), was read the third time: 1994-04-19 House Journal Page 3600 HB 222 CS FOR HOUSE BILL NO. 222(FIN) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure." The question being: "Shall CSHB 222(FIN) pass the House?" The roll was taken with the following result: CSHB 222(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Excused: Vezey Absent: Mackie, Nordlund And so, CSHB 222(FIN) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. Representative Ulmer gave notice of reconsideration of her vote CSHB 222(FIN). 1994-04-19 House Journal Page 3601 HB 360 The following, which was advanced to third reading from the April 18, 1994, calendar (page 3547), was read the third time: CS FOR HOUSE BILL NO. 360(JUD) "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date." The question being: "Shall CSHB 360(JUD) pass the House?" The roll was taken with the following result: CSHB 360(JUD) Third Reading Final Passage YEAS: 25 NAYS: 13 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Navarre, Nicholia, Parnell, Ulmer, Willis Excused: Vezey Absent: Mackie And so, CSHB 360(JUD) passed the House. Representative Phillips moved the effective date clause. 1994-04-19 House Journal Page 3602 HB 360 The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 360(JUD) Third Reading Effective Date YEAS: 32 NAYS: 6 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Carney, Davidson, Davies, Finkelstein, Navarre, Nicholia Excused: Vezey Absent: Mackie And so, the effective date clause was adopted. Representative Ulmer gave notice of reconsideration of her vote on CSHB 360(JUD). SECOND READING OF SENATE RESOLUTIONS SCR 13 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 13 Relating to the Gold Rush Centennial Decade. 1994-04-19 House Journal Page 3603 SCR 13 with the: Journal Page RES RPT 6DP 1AM 3198 -PREVIOUS SENATE ZERO FN (S.RES) 2/18/94 3198 The question being: "Shall SCR 13 pass the House?" The roll was taken with the following result: SCR 13 Second Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Davidson, Hoffman, Nicholia Excused: Vezey And so, SCR 13 passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. SCR 16 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 16 Relating to release of nonproprietary geographic information system files in possession of the state. 1994-04-19 House Journal Page 3604 SCR 16 with the: Journal Page RES RPT 8DP 3218 -PREVIOUS SENATE ZERO FN (DNR) 3/14/94 3218 Amendment No. 1 was offered by Representative Brown: Page 1, line 16, after "use": Insert "without restriction, except as provided by law" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall SCR 16 am H pass the House?" The roll was taken with the following result: SCR 16 am H Second Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Excused: Vezey And so, SCR 16 am H passed the House and was referred to the Chief Clerk for engrossment. 1994-04-19 House Journal Page 3605 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 - Wende Kornstad, First Team, All-State Girls Basketball By Representatives Navarre, G.Davis, Phillips, B.Davis, Green, Hoffman, James, Mackie, MacLean, Menard, Mulder, Toohey, Ulmer, Willis; Senators Salo, Little Honoring - Gene Burden By Representatives Navarre, G.Davis, Phillips, Barnes, Brown, Carney, Davidson, B.Davis, Finkelstein, Green, Hanley, Hudson, James, Mackie, Menard, Mulder, Nordlund, Parnell, Sitton, Toohey, Ulmer, Willis; Senators Salo, Little Welcoming - The ACYPL Delegation from Australia By Representatives Hanley, Parnell, Therriault, Brice, Brown, Bunde, B.Davis, Green, Hoffman, James, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Phillips, Toohey, Ulmer, Vezey, Willis; Senators Pearce, Ellis, Little Honoring - Elmendorf Air Force Base 1993 Commander-in-Chief's Installation Excellence Award By Senators Leman, Phillips, Kelly, Halford; Representatives Martin, Kott, Barnes, Willis, Mulder, Davidson, B.Davis, Green, Hanley, Hoffman, Hudson, James, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Parnell, Phillips, Toohey, Ulmer, Vezey In Memoriam - Peter Kalifornsky By Representatives Navarre, G.Davis, Phillips, Bunde, B.Davis, Foster, Green, Hoffman, Hudson, James, Mackie, MacLean, Martin, Menard, Mulder, Nordlund, Parnell, Toohey, Willis; Senators Salo, Little 1994-04-19 House Journal Page 3606 In Memoriam - Lottie Edelman By Representatives Phillips, G.Davis, Navarre, Bunde, B.Davis, Foster, Green, Hudson, James, Mackie, MacLean, Menard, Mulder, Toohey, Willis In Memoriam - George Henry Hendrickson By Senator Kerttula; Representatives Larson, Menard, Carney, B.Davis, Foster, Hoffman, James, Mackie, MacLean, Navarre, Toohey, Willis UNFINISHED BUSINESS HB 199 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3551) on the following at this time: CS FOR HOUSE BILL NO. 199(O&G) am "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses, and to oil and gas leases in certain areas of the state; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 199(O&G) am, thus adopting SCS CSHB 199(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 199(O&G) am?" The roll was taken with the following result: SCS CSHB 199(FIN) Concur YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 1994-04-19 House Journal Page 3607 HB 199 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, 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, Williams, Willis Nays: Davies, Finkelstein Excused: Vezey Absent: Brice And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 199(FIN). 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. Representative Brown gave notice of reconsideration of her vote on SCS CSHB 199(FIN). HB 306 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3551) on the following at this time: CS FOR HOUSE BILL NO. 306(RES) "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." and CS FOR HOUSE BILL NO. 306(RES) am S (same title) There being no objection, it was so ordered. 1994-04-19 House Journal Page 3608 HB 306 Representative Phillips moved that the House concur in the Senate amendment to CSHB 306(RES), thus adopting CSHB 306(RES) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 306(RES)?" The roll was taken with the following result: CSHB 306(RES) am S Concur YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Excused: Vezey Absent: Brice, Moses And so, the House concurred in the Senate amendment, thus adopting CSHB 306(RES) am S. The Chief Clerk was instructed to so notify the Senate. CSHB 306(RES) am S was referred to the Chief Clerk for enrollment. HB 69 Representative Phillips moved and asked unanimous consent that the House consider the Conference Committee report on CSHB 69(FIN) and SCS CSHB 69(RLS) am S (page 3599), at this time. Representative Phillips moved that the House adopt the Conference Committee report, thus adopting CCSHB 69. 1994-04-19 House Journal Page 3609 HB 69 The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: CCSHB 69 Adopt Conference Committee Report YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brown, Bunde, Carney, Davidson, 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, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Excused: Vezey Absent: Brice, Menard And so, the House adopted the Conference Committee report, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule changes. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Willis - from 11:15 a.m., to 1:30 p.m., April 20, 1994 There being no objection, it was so ordered. 1994-04-19 House Journal Page 3610 RECONSIDERATION HB 351 Representative Brown brought up reconsideration of the vote on CSHB 351(FIN) am(efd add) (page 3559). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 351(FIN) am(efd add) "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons; and providing for an effective date." The question to be reconsidered: "Shall CSHB 351(FIN) am(efd add) pass the House?" The roll was taken with the following result: CSHB 351(FIN) am(efd add)--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 4 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brown, Davies, MacLean, Nicholia Excused: Vezey Absent: Brice, Menard And so, CSHB 351(FIN) am(efd add) passed the House on reconsideration. 1994-04-19 House Journal Page 3611 HB 351 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 351(FIN) am(efd add) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SB 306 The Speaker waived the House Special Committee on Fisheries referral on the following, at the request of Representative Moses, Chair: SENATE BILL NO. 306 "An Act relating to an antitrust exemption for persons engaged in the fishing industry." SB 306 was referred to the Resources Committee. SCR 13 Representative Nordlund added his name as cross-sponsor to: SENATE CONCURRENT RESOLUTION NO. 13 Relating to the Gold Rush Centennial Decade. ENGROSSMENT HB 351 CSHB 351(FIN) am(efd add) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SCR 16 SCR 16 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 141 HCS CSSB 141(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-19 House Journal Page 3612 ENROLLMENT HCR 30 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 8:20 a.m., April 19, 1994: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to the twenty-sixth annual Girls' State. HB 117 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:25 p.m., April 19, 1994: HOUSE BILL NO. 117 "An Act naming the Manvil H. Olson Bridge." The following clerical correction was made in enrolling: Page 1, line 4: Delete "Sec. 35.40.085" Insert "Sec. 35.40.090" HB 374 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 8:20 a.m., April 19, 1994: CS FOR HOUSE BILL NO. 374(FIN) "An Act relating to reimbursable service agreements and other agreements between state agencies for the purchase of services." 1994-04-19 House Journal Page 3613 ANNOUNCEMENTS House committee schedules are published daily under separate cover. House Finance Capitol 519 3:00 p.m., 4/19 Committee (TIME CHANGE) Minority Caucus 4:00 p.m., 4/19 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 20, 1994. There being no objection, the House adjourned at 2:55 p.m. Suzi Lowell Chief Clerk