Legislature(1993 - 1994)

1994-04-25 House Journal

Full Journal pdf

1994-04-25                     House Journal                      Page 3697
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                       Monday             April 25, 1994         
                                                                               
                                                                               
                            One Hundred Sixth Day                            
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:16 a.m.                                                           
                                                                               
                                                                               
Roll call showed 26 members present.  Representatives Foster had               
been previously excused from a call of the House today.                        
Representative B.Davis was excused from a call of the House today              
until 11:15 a.m. for medical reasons.   Representatives Davidson,              
Davies, Finkelstein, Hanley, Hudson, James, MacLean, Menard,                   
Mulder, Nordlund and Williams were absent.                                     
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following member be excused from a call of the House as noted:                 
                                                                               
                                                                               
Representative Mackie - until 11:00 a.m., today                                
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Cordell E. Reiner           
of the Juneau Seventh-Day Adventist Church.  Representative Kott               
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"`Our Father who art in Heaven, Hallowed be thy name,  Thy                    
Kingdom come, Thy will be done, On earth as it is in                           
Heaven.'                                                                       
                                       1                                       

1994-04-25                     House Journal                      Page 3698
Almighty God, we thank You for the gift of life You have                      
given to each of us today, for the things we sometimes take                    
for granted:  food, shelter, and our families; but most of all,                
Father, we thank You for the opportunity to serve our fellow                   
human beings in this legislative session.                                      
                                                                               
                                                                               
Father, we ask also for divine wisdom to guide us in all of our               
activities today, be it in our public or private life.  May Your               
love, compassion, justice, and mercy be exemplified in each                    
of us this day.                                                                
                                                                               
                                                                               
Guide our world leaders as they seek to solve the problems of                 
this planet, and finally Father, when we close this day, may                   
we be able to say, thank You Father for guiding me.                            
                                                                               
                                                                               
`Thy will be done on earth as it is in Heaven.'                               
                                                                               
                                                                               
In Jesus' name, we lift our prayer, Amen."                                    
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Navarre.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 103rd legislative day with the following correction, and       
for the 104th and 105th legislative days be approved as certified by the       
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
HB 59                                                                        
Page 3685:                                                                     
                                                                               
In the question, replace "CSHB 59(FIN)", with "CSHB 59(MLV)"                  
                                                                               

1994-04-25                     House Journal                      Page 3699
SB 45                                                                        
Page 3689:                                                                     
                                                                               
Substitute the following language:                                            
                                                                               
"Reconsideration of the following was not taken up on this                    
legislative day.  It was engrossed, signed by the Speaker and Chief            
Clerk and transmitted to the Senate for consideration:"                        
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
HR 9                                                                         
A message dated April 22, 1994, was read stating the Governor has              
read the following resolution and is transmitting the engrossed and            
enrolled copies to the Lieutenant Governor's Office for permanent              
filing:                                                                        
                                                                               
HOUSE RESOLUTION NO. 9 am                                                     
Protecting the lifestyle of pachyderms.                                       
                                                                               
House Resolve No. 8                                                           
                                                                               
                                                                               
HCR 28                                                                       
A message dated April 22, 1994, was read stating the Governor has              
read the following resolution and is transmitting the engrossed and            
enrolled copies to the Lieutenant Governor's Office for permanent              
filing:                                                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 28                                            
Relating to requesting the Governor to direct the Attorney General            
to undertake all available means to have the partial settlements               
agreed to by the state in Cleary v. Smith and the court orders                 
issued in that case that impose required conditions of confinement             
and continued monitoring and oversight of the correctional system              
by the courts dissolved or modified.                                           
                                                                               
Legislative Resolve No. 36                                                    
                                                                               
                                                                               

1994-04-25                     House Journal                      Page 3700
HCR 30                                                                       
A message dated April 22, 1994, was read stating the Governor has              
read the following resolution and is transmitting the engrossed and            
enrolled copies to the Lieutenant Governor's Office for permanent              
filing:                                                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 30                                            
Relating to the twenty-sixth annual Girls' State.                             
                                                                               
Legislative Resolve No. 35                                                    
                                                                               
                                                                               
SCR 13                                                                       
A message dated April 22, 1994, was read stating the Governor has              
read the following resolution and is transmitting the engrossed and            
enrolled copies to the Lieutenant Governor's Office for permanent              
filing:                                                                        
                                                                               
SENATE CONCURRENT RESOLUTION NO. 13                                           
Relating to the Gold Rush Centennial Decade.                                  
                                                                               
Legislative Resolve No. 37                                                    
                                                                               
                                                                               
SJR 51                                                                       
A message dated April 22, 1994, was read stating the Governor has              
signed the following resolution and is transmitting the engrossed and          
enrolled copies to the Lieutenant Governor's Office for permanent              
filing:                                                                        
                                                                               
SENATE JOINT RESOLUTION NO. 51 am H                                           
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.                                                                     
                                                                               
Legislative Resolve No. 34                                                    
                                                                               
                                                                               

1994-04-25                     House Journal                      Page 3701
SB 152                                                                       
The following letter, dated April 22, 1994, was received:                      
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
I am allowing the following bill to become law without my signature            
and am transmitting the engrossed and enrolled copies to the                   
Lieutenant Governor's Office for permanent filing:                             
                                                                               
                                                                               
SENATE BILL NO. 152                                                           
"An Act changing the frequency of certain state inspections of                
weights and measures and relating to the issuance of citations for             
weights and measures violations."                                              
                                                                               
Chapter No. 15, SLA 1994                                                      
                                                                               
[Effective date:  July 21, 1994]                                              
                                                                               
While I generally approve of the bill's concept of providing an                
additional management tool to address declining state revenues by              
reducing certain mandatory state inspections of weights and measures           
from two to one a year, I am uncertain that the reduced number of              
mandatory state inspections is in the public interest.  Although the bill      
does allow the state to conduct more frequent inspections `as                  
considered necessary,' the current fiscal situation of the state makes         
maintaining the same level of inspections to protect the public less of        
a possibility if the inspections are not mandatory.   Therefore, the           
public may not always benefit if SB 152 becomes law.                           
                                                                               
Even so, I believe that the advantages represented by this bill outweigh       
my concerns.  Therefore, I have decided to allow SB 152 to become              
law without my signature.                                                      
                                                                               
                                                                              
Sincerely,                                                            
                                                                               
/s/                                                                   
                                                                               
Walter J. Hickel                                                      
Governor"                                                             
                                                                               

1994-04-25                     House Journal                      Page 3702
                           MESSAGES FROM THE SENATE                          
                                                                               
HCR 29                                                                       
A message dated April 22, 1994, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 29 am                                         
Relating to the military operations areas environmental impact                
statement of the United States Air Force.                                      
                                                                               
HCR 29 am was referred to the Chief Clerk for enrollment.                      
                                                                               
                                                                               
HJR 63                                                                       
A message dated April 22, 1994, was read stating the Senate has                
passed:                                                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 63                                                 
Relating to the membership of the Republic of China on Taiwan                 
in the United Nations.                                                         
                                                                               
HJR 63 was referred to the Chief Clerk for enrollment.                         
                                                                               
                                                                               
HB 132                                                                       
A message dated April 22, 1994, was read stating the Senate has                
passed CSHB 132(FIN) with the following amendment and it is                    
transmitted for consideration:                                                 
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES)                                  
"An Act extending the time period of permits issued by the                    
Department of Environmental Conservation, the Department of                    
Fish and Game, and the Department of Natural Resources relating                
to the extraction or removal of resources if the permittee, or an              
agency issuing a permit to the permittee, is involved in                       
administrative or judicial proceedings concerning the issuance or              
validity of a permit related to the extraction or removal of                   
resources, and the permittee is unwilling to engage in the resource            
extraction or removal activity due to the proceedings."                        
                                                                               
CSHB 132(FIN) is under Unfinished Business.                                    

1994-04-25                     House Journal                      Page 3703
HB 370                                                                       
A message dated April 22, 1994, was read stating the Senate has                
passed:                                                                        
                                                                               
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."                                              
                                                                               
with the following amendment and it is transmitted for consideration:          
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S                             
"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), Constitution of the State            
of Alaska, from the constitutional budget reserve fund; and                    
providing for an effective date."                                              
                                                                               
CSHB 370(FIN)(brf fld) is under Unfinished Business.                           
                                                                               
A message dated April 21, 1994, was read stating the Senate has                
passed the following, and it is transmitted for consideration:                 
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
                                                                               
SB 308                                                                       
CS FOR SENATE BILL NO. 308(FIN) am by the Senate Finance                       
Committee, entitled:                                                           
                                                                               
"An Act modifying administrative procedures and decisions by                  
state agencies that relate to uses and dispositions of state land,             
property, and resources, and to the interests within them; and                 
modifying administrative procedures and decisions by state                     
agencies that relate to uses and activities involving land, property,          
and resources, and to the interests within them, that are subject to           
the coastal management program when the use or activity is to be               
authorized or developed in phases; and providing for an effective              
date."                                                                         
                                                                               

1994-04-25                     House Journal                      Page 3704
SB 308                                                                       
was read the first time and referred to the Judiciary Committee.               
                                                                               
                                                                               
**The presence of Representatives Hudson, Mulder, and Williams was             
noted.                                                                         
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
SB 46                                                                        
The Resources Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 46(FIN)                                                
"An Act relating to moose farming and relating to game farming."              
                                                                               
                                                                               
and recommends it be replaced with the following committee substitute          
with a technical title change:                                                 
                                                                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 46(RES)                                   
"An Act relating to moose farming and relating to game farming;               
and providing for an effective date."                                          
                                                                               
                                                                               
The report was signed by Representative Williams, Chair, with the              
following individual recommendations:                                          
                                                                               
Do pass (5):  Finkelstein, Hudson, James, Mulder, Carney                       
                                                                               
Do not pass (1):  Green                                                        
                                                                               
No recommendation (3):  Bunde, Davies, Williams                                
                                                                               
The following fiscal notes apply to HCS CSSB 46(RES):                          
                                                                               
Fiscal note, Dept. of Natural Resources, 4/25/94                               
Zero fiscal note, Dept. of Fish & Game, 4/25/94                                
Zero fiscal note, Dept. of Environmental Conservation, 4/25/94                 
                                                                               
                                                                               

1994-04-25                     House Journal                      Page 3705
SB 46                                                                        
CSSB 46(FIN) was referred to the Finance Committee.                            
                                                                               
**The presence of Representatives Finkelstein and Nordlund was                 
noted.                                                                         
                                                                               
                                                                               
SB 151                                                                       
The Finance Committee has considered:                                          
                                                                               
SENATE BILL NO. 151                                                           
"An Act providing for oil and gas exploration incentive credits for           
certain activities on certain land in the state; and providing for an          
effective date."                                                               
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR SENATE BILL NO. 151(FIN)                                         
(same title)                                                                  
                                                                               
The report was signed by Representative Larson, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (9):  Larson, Navarre, Hanley, Martin, Parnell, Hoffman,               
Grussendorf, Therriault, Brown                                                 
                                                                               
The following fiscal notes apply to HCS SB 151(FIN):                           
                                                                               
Zero fiscal note, Dept. of Revenue, 3/7/94                                     
Zero fiscal note, Dept. of Natural Resources, 2/2/94                           
                                                                               
SB 151 was referred to the Rules Committee for placement on the                
calendar.                                                                      
                                                                               
                                                                               
SB 212                                                                       
The Finance Committee has considered:                                          
                                                                               
CS FOR SENATE BILL NO. 212(FIN) am                                            
"An Act relating to the giving of procurement notices; changing               
the content of the required procurement reports to the legislature             
by the commissioner of administration; relating to publications                

1994-04-25                     House Journal                      Page 3706
SB 212                                                                       
produced by state agencies; establishing an innovative construction           
procurement methods pilot program; and establishing legislative                
findings, a legislative purpose, and legislative intent for state              
procurement; and providing for an effective date."                             
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C)                                  
(same title)                                                                  
                                                                               
The report was signed by Representative Larson, Co-chair, with the             
following individual recommendations:                                          
                                                                               
Do pass (10):  Larson, Hanley, Martin, Parnell, Grussendorf, Hoffman,          
Navarre, Brown, Therriault, Foster                                             
                                                                               
The following fiscal notes apply to HCS CSSB 212(L&C):                         
                                                                               
Senate fiscal note, Dept. of Administration, 2/9/94                            
Senate fiscal note, Dept. of Transportation & Public Facilities, 2/9/94        
Senate zero fiscal note, Dept. of Administration, 2/9/94                       
                                                                               
CSSB 212(FIN) am was referred to the Rules Committee for placement             
on the calendar.                                                               
                                                                               
                                                                               
**The presence of Representative MacLean was noted.                            
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Chugiak High Chaparrals Dance Drill Team                            
By Representatives Kott, Willis, Carney; Senators Phillips, Halford            
                                                                               
Honoring - Marc Paul Gaguzis, JROTC Legion of Valor, Bronze Cross              
for Achievement                                                                
By Representative Mulder                                                       
                                                                               

1994-04-25                     House Journal                      Page 3707
Honoring - West High School U.S. Department of Education Blue                  
Ribbon School of Excellence                                                    
By Representative Nordlund                                                     
                                                                               
Honoring - Army Sergeant First Class Steven Cashen for an Act of               
Courage                                                                        
By Representatives Ulmer, Hudson; Senator Duncan                               
                                                                               
Honoring - Talkeetna National Register of Historic Places                      
By Representatives Menard, Carney, Larson; Senators Kerttula, Halford          
                                                                               
                                                                               
Honoring - Beth Allen and Ryan Curtis Native Youth Olympics Two-               
Foot High Kick Champions                                                       
By Representative Hoffman                                                      
                                                                               
Honoring - Debbie Tilsworth, Executive Director, United Way of the             
Tanana Valley                                                                  
By Representative Brice                                                        
                                                                               
Honoring - Lt. Colonel Barry H. Frank, MD                                      
By Senator Leman; Representative Martin                                        
                                                                               
                                                                               
**The presence of Representatives Davies and James was noted.                  
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 370                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 3702) on the following at              
this time:                                                                     
                                                                               
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."                                              
                                                                               
                                                                               
and                                                                            

1994-04-25                     House Journal                      Page 3708
HB 370                                                                       
SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S                             
"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), Constitution of the State            
of Alaska, from the constitutional budget reserve fund; 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 370(FIN)(brf fld), thus adopting SCS CSHB
370(FIN) am S, and recommended that the members vote no.                       
                                                                               
** The presence of Representative Davidson was noted.                          
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 370(FIN)(brf fld)?"  The roll was taken with the following             
result:                                                                        
                                                                               
                                                                               
SCS CSHB 370(FIN) am S                                                         
Concur                                                                         
                                                                               
YEAS:  4   NAYS:  31   EXCUSED:  3   ABSENT:  2                              
                                                                               
                                                                               
Yeas:  Brown, Carney, Davies, Navarre                                          
                                                                               
Nays:  Barnes, Brice, Bunde, Davidson, G.Davis, Finkelstein, Green,            
Grussendorf, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin,            
Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,          
Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis            
                                                                               
Excused:  B.Davis, Foster, Mackie                                              
                                                                               
Absent:  Hanley, Menard                                                        
                                                                               
                                                                               
And so, the House failed to concur in the Senate amendment, thus               
failing to adopt SCS CSHB 370(FIN) am S.                                       
                                                                               

1994-04-25                     House Journal                      Page 3709
HB 370                                                                       
The Chief Clerk was instructed to so notify the Senate and respectfully        
request it to recede.                                                          
                                                                               
In the event the Senate fails to recede from its amendment, the Speaker        
appointed the following members to a Conference Committee to meet              
with a like committee from the Senate to consider the above bills:             
                                                                               
Representative Larson, Chair                                                   
Representative Hanley                                                          
Representative Grussendorf                                                     
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber     upon recess, 4/25         
                                                                               
Minority Caucus                                      upon recess, 4/25         
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess to          
a call of the Chair.  And so, the House recessed at 10:42 a.m.                 
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 12:57 p.m.                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 328                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 328                                                            
"An Act relating to motor vehicle registration and registration fees;         
to fees for drivers' licenses and permits; and providing for an                
effective date."                                                               
                                                                               

1994-04-25                     House Journal                      Page 3710
HB 328                                                                       
with the:                                                 Journal Page         
                                                                               
	STA RPT  CS(STA) NEW TITLE  4DP 1NR 1AM                          2673         
	-FISCAL NOTE (DPS) 3/9/94                                        2673         
	FIN RPT  CS(FIN) NEW TITLE  3DP 4NR                              3553         
	-FISCAL NOTE (DPS) 4/18/94                                       3554         
                                                                               
**The presence of Representatives Hanley and Menard was noted.                 
                                                                               
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. 328(FIN)                                                
"An Act allowing motor vehicle registration and licensing fees to             
be paid by credit card."                                                       
                                                                               
Representative Ulmer objected and withdrew the objection.  There               
being no further objection, it was so ordered.                                 
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 328(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSHB 328(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 328(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 328(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  2   EXCUSED:  1   ABSENT:  3                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis,                
G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson,             
James, Larson, MacLean, Martin, Menard, Moses, Mulder, Nordlund,               
Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey,        
Ulmer, Vezey, Williams, Willis                                                 
                                                                               

1994-04-25                     House Journal                      Page 3711
HB 328                                                                       
Nays:  Brown, Kott                                                             
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Mackie, Navarre, Nicholia                                             
                                                                               
And so, CSHB 328(FIN) passed the House.                                        
                                                                               
Representative Menard gave notice of reconsideration of his vote on            
CSHB 328(FIN).                                                                 
                                                                               
                                                                               
HB 106                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 106                                                            
"An Act establishing the Alaska education technology program;                 
and providing for an effective date."                                          
                                                                               
with the:                                                 Journal Page         
                                                                               
	HES RPT  CS(HES) 2DP 1DNP 5NR                                    1320         
	-3 FISCAL NOTES (DOE, DOE, REV) 4/19/93                          1320         
	FIN RPT  CS(FIN) 4DP  4NR                                        2450         
	-3 FISCAL NOTES (DOE, DOE, REV) 2/18/94                          2450         
                                                                               
                                                                               
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. 106(FIN)                                                
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 106(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               

1994-04-25                     House Journal                      Page 3712
HB 106                                                                       
CSHB 106(FIN) was read the third time.                                         
                                                                               
The question being:  "Shall CSHB 106(FIN) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSHB 106(FIN)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  4   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman,            
Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder,                    
Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Sitton,                
Therriault, Toohey, Ulmer, Williams, Willis                                    
                                                                               
Nays:  MacLean, Porter, Sanders, Vezey                                         
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Mackie                                                                
                                                                               
And so, CSHB 106(FIN) passed the House.                                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clauses.  There being no objection, it was so ordered.          
                                                                               
CSHB 106(FIN) was referred to the Chief Clerk for engrossment.                 
                                                                               
                                                                               
HB 234                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 234                                                            
"An Act relating to endowments and donations of the University                
of Alaska and the University of Alaska endowment trust fund; and               
providing for an effective date."                                              
                                                                               

1994-04-25                     House Journal                      Page 3713
HB 234                                                                       
with the:                                                 Journal Page         
                                                                               
	HES RPT  2DP 1DNP 5NR                                            2671         
	-FISCAL NOTE (REV) 3/9/94                                        2672         
	-ZERO FISCAL NOTE (UA) 3/9/94                                    2672         
	FIN RPT  4DP 3NR                                                 3229         
	-PREVIOUS FISCAL NOTE (REV) 3/9/94                               3230         
	-PREVIOUS ZERO FISCAL NOTE (UA) 3/9/94                           3230         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HB
234 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
                                                                               
HB 234 was read the third time.                                                
                                                                               
                                                                               
The question being:  "Shall HB 234 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               
HB 234                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  33   NAYS:  5   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Grussendorf, Hanley, Hoffman, Hudson,           
James, Larson, Martin, Menard, Moses, Mulder, Navarre, Nicholia,               
Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey,       
Ulmer, Williams, Willis                                                        
                                                                               
Nays:  Green, Kott, MacLean, Sanders, Vezey                                    
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Mackie                                                                
                                                                               
And so, HB 234 passed the House.                                               
                                                                               

1994-04-25                     House Journal                      Page 3714
HB 234                                                                       
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.           
                                                                               
HB 234 was referred to the Chief Clerk for engrossment.                        
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 44                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 44(JUD) am                                             
"An Act relating to civil liability for skiing accidents, operation of        
ski areas, and duties of ski area operators and skiers; and                    
providing for an effective date."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT HCS(FIN) 4DP 1DNP 5NR                                    3662         
	-5 PREVIOUS SENATE ZERO FISCAL NOTES                             3663         
	...(COURT, ADM, LABOR, DCED, DNR) 2/9/94                         3663         
                                                                               
                                                                               
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. 44(FIN)                                   
(same title)                                                                  
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Brown:                           
                                                                               
Page 3, line 21:                                                               
	Delete "and"                                                                  
                                                                               

1994-04-25                     House Journal                      Page 3715
SB 44                                                                        
Page 3, line 23:                                                               
	Delete "."                                                                    
	Insert "; and                                                                 
		(5)  retain the comparative negligence or comparative fault                 
analysis applicable under existing law where an injury results from            
a violation of AS05.45, the plan of operation, or a regulation                 
adopted under AS05.20.070 on the part of the ski area operator                 
or from a combination of such a violation on the part of the ski               
area operator and an inherent risk of skiing."                                 
                                                                               
Representative Brown moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Objection was heard and withdrawn.  There being no further objection,          
Amendment No. 1 was adopted.                                                   
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Ulmer:                           
                                                                               
Page 14, line 17:                                                              
                                                                               
Delete "slope design,"                                                        
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 2 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
**The presence of Representative Mackie, who had been previously               
excused from a call of the House today (page 3697), was noted.                 
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 44(FIN) am H                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  21   NAYS:  17   EXCUSED:  1   ABSENT:  1                             
                                                                               

1994-04-25                     House Journal                      Page 3716
SB 44                                                                        
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, Finkelstein, Grussendorf, Larson, Mackie, MacLean, Menard,            
Moses, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis                      
                                                                               
Nays:  G.Davis, Green, Hanley, Hoffman, Hudson, James, Kott,                   
Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey,            
Vezey, Williams                                                                
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Therriault                                                            
                                                                               
And so, Amendment No. 2 was adopted.                                           
                                                                               
                                                                               
Amendment Nos. 3, 4, 5 and 6 were not offered.                                 
                                                                               
                                                                               
Amendment No. 7 was offered  by Representative Bunde:                           
                                                                               
Page 13, line 24, after "enforced.":                                           
	Insert "A ski area operator who violates this subsection is subject           
to a civil fine not to exceed $10,000.  The attorney general may               
enforce this subsection"                                                       
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 7 be adopted.                                                    
                                                                               
                                                                               
Representative Mulder objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 7 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 44(FIN) am H                                                          
Second Reading                                                                 
Amendment No. 7                                                                
                                                                               
YEAS:  7   NAYS:  29   EXCUSED:  1   ABSENT:  3                              
                                                                               

1994-04-25                     House Journal                      Page 3717
SB 44                                                                        
Yeas:  Bunde, Davidson, B.Davis, Finkelstein, Menard, Nordlund,                
Willis                                                                         
                                                                               
Nays:  Barnes, Brown, Davies, G.Davis, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter,           
Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey                              
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Brice, Carney, Williams                                               
                                                                               
And so, Amendment No. 7 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 8 was offered  by Representative Bunde:                           
                                                                               
Page 14, lines 9 - 21:                                                         
	Delete all material and insert:                                               
		"(3)  "inherent danger and risk of skiing" means a                          
necessary condition that is an integral part of the sport of skiing            
and that may not be eliminated or mitigated; the term "inherent                
danger and risk of skiing" does not include the negligence of a ski            
area operator under AS05.45.020(a), or acts or omissions of a ski              
area operator involving the use or operation of ski lifts;"                    
                                                                               
Representative Bunde moved and asked unanimous consent that                    
Amendment No. 8 be adopted.                                                    
                                                                               
                                                                               
Representative Parnell objected.                                               
                                                                               
The question being:  "Shall Amendment No. 8 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 44(FIN) am H                                                          
Second Reading                                                                 
Amendment No. 8                                                                
                                                                               
YEAS:  5   NAYS:  33   EXCUSED:  1   ABSENT:  1                              
                                                                               

1994-04-25                     House Journal                      Page 3718
SB 44                                                                        
Yeas:  Bunde, Davidson, Finkelstein, MacLean, Willis                           
                                                                               
Nays:  Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Green,                  
Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie,             
Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg,            
Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer,         
Vezey, Williams                                                                
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Carney                                                                
                                                                               
And so, Amendment No. 8 was not adopted.                                       
                                                                               
                                                                               
Amendment No. 9 was offered  by Representative Nordlund:                        
                                                                               
Page 10, line 11, after "resulting":                                           
	Insert "solely"                                                               
                                                                               
Representative Nordlund moved and asked unanimous consent that                 
Amendment No. 9 be adopted.                                                    
                                                                               
Representative Parnell objected.                                               
                                                                               
Representative Nordlund moved and asked unanimous consent to                   
withdraw Amendment No. 9.  There being no objection, it was so                 
ordered.                                                                       
                                                                               
                                                                               
New Amendment No. 9 was offered  by Representatives Nordlund and                
Parnell:                                                                       
                                                                               
Page 10, line 12:                                                              
                                                                               
                                                                               
Delete "A skier may not recover from a ski area operator for an               
injury resulting from any of the"                                              
                                                                               

1994-04-25                     House Journal                      Page 3719
SB 44                                                                        
Page 10, line 13:                                                              
                                                                               
Delete "inherent"                                                             
Insert "Inherent"                                                             
                                                                               
Page 10, line 14:                                                              
                                                                               
Delete ", including"                                                          
Insert "include"                                                              
                                                                               
Representative Nordlund moved and asked unanimous consent that                 
New Amendment No. 9 be adopted.  There being no objection, it was              
so ordered.                                                                    
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 44(FIN) am H be considered engrossed, advanced to third                   
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
HCS CSSB 44(FIN) am H was read the third time.                                 
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 44(FIN) am H pass the                     
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 44(FIN) am H                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  29   NAYS:  8   EXCUSED:  1   ABSENT:  2                              
                                                                               
                                                                               
Yeas:  Brice, Brown, Bunde, G.Davis, Green, Grussendorf, Hanley,               
Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses,                   
Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,        
Sanders, Therriault, Toohey, Ulmer, Vezey, Williams                            
                                                                               
Nays:  Barnes, Carney, Davies, B.Davis, Finkelstein, MacLean, Sitton,          
Willis                                                                         
                                                                               

1994-04-25                     House Journal                      Page 3720
SB 44                                                                        
Excused:  Foster                                                               
                                                                               
Absent:  Davidson, Mackie                                                      
                                                                               
And so, HCS CSSB 44(FIN) am H passed the House.                                
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
Representative Mulder gave notice of reconsideration of his vote on            
HCS CCSB 44(FIN) am H.                                                         
                                                                               
                                                                               
SB 33                                                                        
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 33(FIN)                                                
"An Act relating to emergency planning and response; transferring             
the Hazardous Substance Spill Technology Review Council to the                 
Department of Environmental Conservation; transferring the                     
Alaska State Emergency Response Commission, including its duty                 
to designate local emergency planning districts and appoint local              
emergency planning committees, to the Department of Military and               
Veterans' Affairs; and eliminating a requirement that the state and            
regional oil discharge prevention and contingency plans be revised             
annually."                                                                     
                                                                               
with the:                                                 Journal Page         
                                                                               
	CRA RPT  1DP 4NR 2AM                                             2759         
	LETTER OF INTENT WITH CRA REPORT                                 2760         
	-PREVIOUS SEN FN (S.FIN/DMVA) 2/18/94                            2760         
	-PREVIOUS SEN FISCAL NOTE (DEC) 1/24/94                          2760         
	FIN RPT HCS(FIN) 4DP 6NR                                         3661         
	-3 FISCAL NOTES (DMVA, 2-DEC) 4/22/94                            3662         
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following committee substitute be adopted in lieu of the original bill:        
                                                                               

1994-04-25                     House Journal                      Page 3721
SB 33                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN)                                   
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Navarre:                         
                                                                               
Page 16, line 13:                                                              
                                                                               
Delete "may"                                                                  
Insert "shall"                                                                
                                                                               
Representative Navarre moved and asked unanimous consent that                  
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Mulder objected.                                                
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Navarre:                                                                       
                                                                               
Add the following:                                                             
                                                                               
Page 16, line 13, after "time":                                                
                                                                               
Insert "the commissioner determines it necessary"                             
                                                                               
Representative Navarre moved and asked unanimous consent that the              
amendment to Amendment No. 1 be adopted.  There being no                       
objection, it was so ordered.                                                  
                                                                               
Objection was not maintained to Amendment No. 1 as amended, and                
so, it was adopted.                                                            
                                                                               
                                                                               
Amendment No. 2 was offered  by Representative Therriault:                      
                                                                               
Page 6, line 18:                                                               
                                                                               
Delete "two of whom must be members"                                          
Insert "one of whom must be a member"                                         

1994-04-25                     House Journal                      Page 3722
SB 33                                                                        
Page 6, lines 19 - 20:                                                         
                                                                               
Delete "two of whom must be members"                                          
Insert "one of whom must be a member"                                         
                                                                               
Page 6, line 21:                                                               
                                                                               
Delete "Three"                                                                
Insert "Five"                                                                 
                                                                               
Representative Therriault moved and asked unanimous consent that               
Amendment No. 2 be adopted.                                                    
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall Amendment No. 2 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
HCS CSSB 33(FIN) am H                                                          
Second Reading                                                                 
Amendment No. 2                                                                
                                                                               
YEAS:  19   NAYS:  20   EXCUSED:  1   ABSENT:  0                             
                                                                               
Yeas:  Carney, Davies, B.Davis, Green, Hanley, James, Kott, Mackie,            
Menard, Moses, Mulder, Navarre, Olberg, Porter, Sitton, Therriault,            
Toohey, Ulmer, Vezey                                                           
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Davidson, G.Davis, Finkelstein,            
Grussendorf, Hoffman, Hudson, Larson, MacLean, Martin, Nicholia,               
Nordlund, Parnell, Phillips, Sanders, Williams, Willis                         
                                                                               
Excused:  Foster                                                               
                                                                               
James changed from "Nay" to "Yea".                                             
Ulmer changed from "Nay" to "Yea".                                             
Mackie changed from "Nay" to "Yea".                                            
                                                                               
And so, Amendment No. 2 was not adopted.                                       

1994-04-25                     House Journal                      Page 3723
SB 33                                                                        
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 33(FIN) am H be considered engrossed, advanced to third                   
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
                                                                               
HCSCSSB 33(FIN) am H was read the third time.                                  
                                                                               
                                                                               
The question being:  "Shall HCS CSSB 33(FIN) am H pass the                     
House?"  The roll was taken with the following result:                         
                                                                               
HCS CSSB 33(FIN) am H                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  38   NAYS:  0   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, 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:  Foster                                                               
                                                                               
Absent:  Vezey                                                                 
                                                                               
And so, HCS CSSB 33(FIN) am H passed the House and was referred                
to the Chief Clerk for engrossment.                                            
                                                                               
                                                                               
SB 210                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 210(FIN) am                                            
"An Act relating to disposals of state land within five miles of the          
right-of-way of the Dalton Highway to a licensed public utility or             
a licensed common carrier; relating to disposals of state land for             
                                                                               

1994-04-25                     House Journal                      Page 3724
SB 210                                                                       
nonresidential development in nodes of development along the                  
Dalton Highway; requiring licensed public utilities to pay the costs           
of change, relocation, or removal of a utility facility due to                 
construction of a highway project; and allowing state leases and               
materials sales for reconstruction and maintenance of state                    
highways and construction or maintenance of airports."                         
                                                                               
with the:                                                 Journal Page         
                                                                               
	TRA RPT  3DP 3NR                                                 2831         
	-PREVIOUS SEN FISCAL NOTE (DNR) 2/15/94                          2832         
	-PREVIOUS SEN ZERO FISCAL NOTE (DOT) 2/7                         2832         
	FIN RPT HCS(FIN) 8DP 2NR                                         3663         
	-PREVIOUS SENATE FISCAL NOTE (DNR) 2/15                          3664         
	-PREVIOUS SENATE ZERO FN (DOT) 2/7/94                            3664         
                                                                               
                                                                               
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. 210(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 210(FIN) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
HCS CSSB 210(FIN) was read the third time.                                     
                                                                               
The question being:  "Shall HCS CSSB 210(FIN) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 210(FIN)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  3   EXCUSED:  1   ABSENT:  0                              
                                                                               

1994-04-25                     House Journal                      Page 3725
SB 210                                                                       
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis,                   
G.Davis, Finkelstein, Green, Hanley, 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                                         
                                                                               
Nays:  Davidson, Grussendorf, Hoffman                                          
                                                                               
Excused:  Foster                                                               
                                                                               
And so, HCS CSSB 210(FIN) passed the House and was referred to                 
the Chief Clerk for engrossment.                                               
                                                                               
                                                                               
SB 286                                                                       
The following was read the second time:                                        
                                                                               
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."                                              
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUD RPT  3DP 2NR                                                 3583         
	-PREVIOUS SENATE ZERO FN (CORR)2/18/94                           3584         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSB 286(RLS) am be considered engrossed, advanced to third                    
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
                                                                               
CSSB 286(RLS) am was read the third time.                                      
                                                                               
                                                                               
The question being:  "Shall CSSB 286(RLS) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               

1994-04-25                     House Journal                      Page 3726
SB 286                                                                       
                                                                               
CSSB 286(RLS) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  0   EXCUSED:  1   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, 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                                                                         
                                                                               
Excused:  Foster                                                               
                                                                               
And so, CSSB 286(RLS) am passed the House.                                     
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
effective date clause.  There being no objection, it was so ordered.           
                                                                               
                                                                               
CSSB 286(RLS) am was signed by the Speaker and Chief Clerk and                 
returned to the Senate.                                                        
                                                                               
                                                                               
SB 251                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 251(FIN) am                                            
"An Act relating to the commercial fishing revolving loan fund                
and the fisheries enhancement revolving loan fund; and providing               
for an effective date."                                                        
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT HCS(FIN) 2DP 7NR                                         3666         
	-PREVIOUS SENATE ZERO FN (DCED) 2/18/94                          3666         
                                                                               

1994-04-25                     House Journal                      Page 3727
SB 251                                                                       
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. 251(FIN)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that HCS             
CSSB 251(FIN) be  considered engrossed, advanced to third reading              
and placed on final passage.                                                   
                                                                               
Representative Brown objected.                                                 
                                                                               
The Speaker stated that HCS CSSB 251(FIN) will be in third reading             
on the April 27, 1994, calendar.                                               
                                                                               
                                                                               
                            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 - Colony Boys Cross Country Team                                      
By Representatives Menard, Carney, Larson, Hoffman, James, Mackie,             
MacLean, Navarre, Nicholia, Parnell, Sanders Toohey, Ulmer, Willis;            
Senators Kerttula, Halford                                                     
                                                                               
Honoring - D. John Witteveen                                                   
By Representatives Davidson, Hanley, Hoffman, James, Mackie,                   
Navarre, Nicholia, Sanders, Ulmer, Willis; Senator Zharoff                     
                                                                               
                                                                               
Honoring - Matthew Weaver, Teacher of the Year                                 
By Representatives Menard, Carney, Larson, Brown, Bunde, Davies,               
Hoffman, James, Mackie, MacLean, Mulder, Navarre, Nicholia,                    
Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford            
                                                                               

1994-04-25                     House Journal                      Page 3728
Honoring - Colony Girls Swim Team                                              
By Representatives Menard, Carney, Larson, Hoffman, James, Mackie,             
MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey, Ulmer, Willis;           
Senators Kerttula, Halford                                                     
                                                                               
Honoring - Jack Forrester, Assistant Principal of the Year                     
By Representatives Menard, Carney, Larson, Bunde, Davies, Hoffman,             
James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey,           
Ulmer, Willis; Senators Kerttula, Halford                                      
                                                                               
Honoring - Colony Girls Cross Country Team                                     
By Representatives Menard, Carney, Larson, Hoffman, James, Mackie,             
MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey, Ulmer, Willis;           
Senators Kerttula, Halford                                                     
                                                                               
Honoring - Lions Clubs International and Lions Multiple District 49            
By Senator Halford; Representatives Carney, Willis, Bunde, James,              
Kott, Larson, Mackie, MacLean, Mulder, Navarre, Nicholia, Parnell,             
Sanders, Ulmer                                                                 
                                                                               
                                                                               
Honoring - Chaplain Bert McQueen, Anchorage Police Chaplain                    
Program                                                                        
By Senator Leman; Representatives Martin, Bunde, James, Mackie,                
MacLean, Navarre, Nicholia, Parnell, Sanders, Ulmer, Willis                    
                                                                               
                                                                               
Honoring - Alaska All-Star Bantam B's, 1994 Bantam B State Hockey              
Champions, Third Place, National Bantam B Tournament                           
By Senator Phillips; Representatives Carney, Kott, Mulder, Willis,             
Green, Hanley, Hoffman, James, Mackie, MacLean, Navarre, Nicholia,             
Parnell, Sanders, Ulmer, Vezey                                                 
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 132                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 3702) on the following at              
this time:                                                                     
                                                                               

1994-04-25                     House Journal                      Page 3729
HB 132                                                                       
CS FOR HOUSE BILL NO. 132(FIN)                                                
"An Act extending the time period of permits issued by the                    
Department of Environmental Conservation, the Department of                    
Fish and Game, and the Department of Natural Resources relating                
to the extraction or removal of resources if the permittee, or an              
agency issuing a permit to the permittee, is involved in                       
administrative or judicial proceedings concerning the issuance or              
validity of a permit related to the extraction or removal of                   
resources, and the permittee is unwilling to engage in the resource            
extraction or removal activity due to the proceedings."                        
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved that the House concur in the Senate              
amendment to CSHB 132(FIN), thus adopting SCS CSHB 132(RES),                   
and recommended that the members vote yes.                                     
                                                                               
                                                                               
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 132(FIN)?"  The roll was taken with the following result:              
                                                                               
SCS CSHB 132(RES)                                                              
Concur                                                                         
                                                                               
YEAS:  35   NAYS:  1   EXCUSED:  1   ABSENT:  3                              
                                                                               
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson,                 
James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder,                  
Navarre, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault,      
Toohey, Ulmer, Vezey, Williams, Willis                                         
                                                                               
                                                                               
Nays:  Finkelstein                                                             
                                                                               

1994-04-25                     House Journal                      Page 3730
HB 132                                                                       
Excused:  Foster                                                               
                                                                               
Absent:  Moses, Nicholia, Parnell                                              
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 132(RES).                                                             
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
SCS CSHB 132(RES) was referred to the Chief Clerk for enrollment.              
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 445                                                                       
Representative Ulmer brought up reconsideration of the vote on HB
445 am (page 3674).                                                            
                                                                               
The following was again before the House in third reading:                     
                                                                               
HOUSE BILL NO. 445 am                                                         
"An Act relating to operating or driving a motor vehicle,                     
commercial motor vehicle, aircraft, or watercraft."                            
                                                                               
A Title Amendment was offered by Representative Ulmer:                         
                                                                               
Page 1, lines 1 - 2:                                                           
	Delete all material.                                                          
	Insert ""An Act relating to administrative or court revocation             
of a driver's license resulting from operation of a motor vehicle,             
commercial motor vehicle, or aircraft; relating to chemical testing            
of a person's breath, urine, or blood if the person is involved in a           
motor vehicle accident that causes death or serious physical injury;           
relating to definitions applicable to commercial motor vehicle laws;           
relating to chemical testing of a person's breath, urine, or blood             
without the person's consent; and relating to the use in a civil or        
criminal action of the refusal of a person to submit to a chemical             
test.""                                                                       
                                                                               
Representative Ulmer moved and asked unanimous consent that the                
Title Amendment be adopted.  There being no objection, it was so               
ordered and the new title appears below:                                       

1994-04-25                     House Journal                      Page 3731
HB 445                                                                       
HOUSE BILL NO. 445 am                                                         
"An Act relating to administrative or court revocation of a driver's          
license resulting from operation of a motor vehicle, commercial                
motor vehicle, or aircraft; relating to chemical testing of a person's         
breath, urine, or blood if the person is involved in a motor vehicle           
accident that causes death or serious physical injury; relating to             
definitions applicable to commercial motor vehicle laws; relating              
to chemical testing of a person's breath, urine, or blood without              
the person's consent; and relating to the use in a civil or criminal           
action of the refusal of a person to submit to a chemical test."               
                                                                               
The question to be reconsidered:  "Shall HB 445 am pass the House?"            
The roll was taken with the following result:                                  
                                                                               
HB 445 am--RECONSIDERATION                                                     
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  2   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis,                 
Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James,               
Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder,                  
Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton,        
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               
Nays:  Brown, Davidson                                                         
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Parnell                                                               
                                                                               
B.Davis changed from "Nay" to "Yea".                                           
                                                                               
And so, HB 445 am passed the House on reconsideration and was                  
referred to the Chief Clerk for engrossment.                                   
                                                                               
                                                                               
SB 255                                                                       
Representative Ulmer brought up reconsideration of the vote on CSSB
255(STA) am H (page 3680).                                                     

1994-04-25                     House Journal                      Page 3732
SB 255                                                                       
The following was again before the House in third reading:                     
                                                                               
CS FOR SENATE BILL NO. 255(STA) am H                                          
"An Act establishing a comprehensive policy relating to human                 
resource development in the state."                                            
                                                                               
The question to be reconsidered:  "Shall CSSB 255(STA) am H pass               
the House?"  The roll was taken with the following result:                     
                                                                               
CSSB 255(STA) am H--RECONSIDERATION                                            
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  30   NAYS:  8   EXCUSED:  1   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis,               
Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson,              
Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Phillips,              
Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis                   
                                                                               
Nays:  Brown, Davies, Finkelstein, Navarre, Nicholia, Nordlund,                
Sitton, Ulmer                                                                  
                                                                               
Excused:  Foster                                                               
                                                                               
Absent:  Parnell                                                               
                                                                               
And so, CSSB 255(STA) am H passed the House on reconsideration                 
and was referred to the Chief Clerk for engrossment.                           
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 106                                                                       
Representative Menard added his name as cosponsor to:                          
                                                                               
CS FOR HOUSE BILL NO. 106(FIN)                                                
"An Act establishing the Alaska education technology program;                 
and providing for an effective date."                                          
                                                                               

1994-04-25                     House Journal                      Page 3733
                                 ENGROSSMENT                                 
                                                                               
HCR 32                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 32                                            
Establishing the Joint Task Force on Military Bases in Alaska.                
                                                                               
HB 106                                                                       
CSHB 106(FIN) was engrossed, signed by the Speaker and Chief Clerk             
and transmitted to the Senate for consideration.                               
                                                                               
HB 234                                                                       
HB 234 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
HB 445                                                                       
HB 445 am was engrossed, signed by the Speaker and Chief Clerk and             
transmitted to the Senate for consideration.                                   
                                                                               
HB 531                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was engrossed, signed by the Speaker and Chief Clerk and              
transmitted to the Senate for consideration:                                   
                                                                               
CS FOR HOUSE BILL NO. 531(STA) am                                             
"An Act relating to the Milk Control Advisory Board, Museum                   
Collections Advisory Committee, Alaska Workers' Compensation                   
Board, resource development authorities, Board of Parole, railroad             
labor relations agency, Alaska School Activities Association,                  
Steering Council for Alaska Lands, Rural Affairs Commission,                   
Governor's Commission on the Involvement of Young People in                    
Government, Yukon-Taiya Commission, environmental advisory                     
board, Alaska Gas Pipeline Financing Authority, and Alaska                     
Manpower Services Council; and establishing regional resource                  
development authorities; and providing for an effective date."                 
                                                                               
SB 33                                                                        
HCS CSSB 33(FIN) am H was engrossed, signed by the Speaker and                 
Chief Clerk and transmitted to the Senate for consideration.                   

1994-04-25                     House Journal                      Page 3734
SB 210                                                                       
HCS CSSB 210(FIN) was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate for consideration.                         
                                                                               
SB 255                                                                       
CSSB 255(STA) am H was engrossed, signed by the Speaker and                    
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
                                                                               
                          ENGROSSMENT AND ENROLLMENT                         
                                                                               
HB 69                                                                        
The following was engrossed and 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          
11:15 a.m., April 25, 1994:                                                    
                                                                               
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)."                                                                    
                                                                               
                                                                               
                                  ENROLLMENT                                 
                                                                               
HCR 25                                                                       
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 11:15 a.m.,           
April 25, 1994:                                                                
                                                                               
CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C)                                
am S                                                                           
Relating to a state materials exchange.                                       
                                                                               
                                                                               
HCR 27                                                                       
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 11:15 a.m.,           
April 25, 1994:                                                                
                                                                               

1994-04-25                     House Journal                      Page 3735
HCR 27                                                                       
HOUSE CONCURRENT RESOLUTION NO. 27                                            
Relating to support for the National Rifle Association's gun safety           
program for children.                                                          
                                                                               
                                                                               
HB 453                                                                       
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 11:15 a.m.,           
April 25, 1994:                                                                
                                                                               
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."                                                        
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
Community &                       Capitol 124          2:00 p.m., 4/25         
Regional Affairs                                                               
Committee                                                                      
(CANCELED)                                                                     
                                                                               
Finance Committee                 Capitol 519          upon adj., 4/25         
(MEETING CONTINUED                                                             
FROM MORNING)                                                                  
                                                                               
                                                                               
With appointment of the Conference Committee on the operating                  
budget, Rule 23(d) of the Uniform Rules, which states that 24-hour             
written notice to the Chief Clerk is the minimum public notice                 
requirement, is in effect as of April 25, 1994.                                
                                                                               
Conference Committee on           Capitol 518          3:00 p.m., 4/26         
CSHB 370(FIN)(brf fld) and                                                     
SCS CSHB 370(FIN) am S                                                         
                                                                               

1994-04-25                     House Journal                      Page 3736
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., April 27, 1994.  There being no                
objection, the House adjourned at 3:17 p.m.                                    
                                                                               
                                                                               
											Suzi Lowell                                                         
											Chief Clerk