Legislature(1993 - 1994)
1993-02-11 House Journal
Full Journal pdf1993-02-11 House Journal Page 0315 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday February 11, 1993 Thirty-second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:21 a.m. Roll call showed 34 members present. Representatives Brice, Davies, Grussendorf, Hoffman and Sitton had been previously excused from a call of the House today. Representative Phillips moved and asked unanimous consent that Representative James be excused from a call of the House today due to illness. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Reverend Chris Grube of the Church of the Nazarene. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our Father, we come before You with praise and adoration upon our lips for all You have done through us. We lift You up to receive honor and glory due Your matchless name. We understand our need of You in a world that is torn with strife. In a world where right is wrong and wrong is right, extend Your mercy to us. Help us to be men and women of God who are unshakable in their faith, who are unshakable in their hope and who are unshakable in their beliefs! We profess this morning that Jesus is Lord. For one day 'every knee shall bow and every tongue shall confess that Jesus Christ is Lord.' 1 1993-02-11 House Journal Page 0316 Father, I feel impressed not only to pray for these representatives, but to pray for their children and ask that You meet all of their needs. Lord, Your word says, 'ask and you shall receive, seek and you shall find, knock and the door shall be opened for you.' Help each one of these fine men and women to present their petitions before You knowing that You are a God who answers prayer. O Lord, will You bless this session today. Grant each person understanding and wisdom that comes only from You. In the name of Jesus we pray! Amen." The Pledge of Allegiance was led by Representative Moses. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 31st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 24 A message dated February 10, 1993, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 24 amended Relating to the shortage of adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources and local officials to identify public land that might be made available for that housing. with the following amendment, and it is transmitted for consideration: 1993-02-11 House Journal Page 0317 HJR 24 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(STA) am S Relating to adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources, and local officials to identify public land that might be made available for that housing. HJR 24am is under Unfinished Business. COMMUNICATIONS The following report is on file in the Chief Clerk's office: Alaska Labor Relations Agency 1992 Annual Report (as required by AS 23.05.370(4)) REPORTS OF STANDING COMMITTEES The Judiciary Committee has considered the following appointment to the Select Committee on Legislative Ethics: Isaac Charlton The report stated that though there were no stated objections in the report regarding confirmation of the named individual, this does not necessarily indicate an intention of a committee member to vote for or against the individual named at the time of the joint session on confirmation. The report was signed by Representatives Porter, Chair; James, Vice Chair; Kott, Phillips, Green and Nordlund HJR 3 The State Affairs Committee has considered: 1993-02-11 House Journal Page 0318 HJR 3 HOUSE JOINT RESOLUTION NO. 3 Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 3 (STA) Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Olberg, G.Davis, Sanders, Kott No recommendation (2): Ulmer, B.Davis The following fiscal note applies to CSHJR 3(STA): Fiscal note, Office of the Governor, 2/11/93 HJR 3 was referred to the Judiciary Committee. HJR 9 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 9 Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (1): Green No recommendation (4): Porter, Phillips, Nordlund, Kott The following fiscal notes apply to HJR 9: 1993-02-11 House Journal Page 0319 HJR 9 Fiscal note, Office of the Governor, 2/3/93 Zero fiscal note, Dept. of Revenue, 2/3/93 HJR 9 was referred to the Finance Committee. HJR 15 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 15 Proposing an amendment to the Constitution of the State of Alaska relating to the duration of a regular session. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Olberg, Sanders, Kott No recommendation (3): Ulmer, B.Davis, G.Davis The following fiscal notes applies to SSHJR 15: Fiscal note, Legislative Affairs Agency, 2/11/93 Fiscal note, Office of the Governor, 2/11/93 SSHJR 15 was referred to the Judiciary Committee. HB 35 The State Affairs Committee has considered: HOUSE BILL NO. 35 "An Act relating to deposits to the budget reserve fund." and recommends it be replaced with: CS FOR HOUSE BILL NO. 35 (STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: 1993-02-11 House Journal Page 0320 HB 35 Do pass (7): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott The following fiscal note applies to CSHB 35(STA): Zero fiscal note, Dept. of Administration, 2/11/93 HB 35 was referred to the Judiciary Committee. HB 94 The Finance Committee has considered: HOUSE BILL NO. 94 "An Act making a supplemental appropriation for costs of elections operations; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 94 (FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (9): MacLean, Larson, Hanley, Martin, Parnell, Foster, Therriault, Hoffman, Grussendorf No recommendation (2): Brown, Navarre HB 94 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - John C. Atwell II By Representatives Carney, Larson, G.Davis Honoring - Ben Eielson Football Team By Representative James; Senator Miller 1993-02-11 House Journal Page 0321 Honoring - Private First Class Daniel A. Hamilton, Soldier of the Year By Representative Vezey Honoring - Sergeant Steven W. Reschke, Noncommissioned Officer of the Year By Representative Vezey Honoring - Larry White and Santafax By Representatives James, Therriault, Vezey; Senator Miller In Memoriam - Gay Dobler Choquette By Representative Hanley Honoring - Sue Henry, Anthony Award for Best New Mystery Novel of 1991 By Senator Ellis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 27 HOUSE JOINT RESOLUTION NO. 27 by the House Special Committee on Military & Veterans' Affairs: Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. was read the first time and referred to the Judiciary Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 37 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 37 by Representatives Davies, Therriault and Brice, entitled: "An Act relating to open meetings of governmental bodies." 1993-02-11 House Journal Page 0322 HB 37 was read the first time and referred to the State Affairs and Judiciary Committees. HB 148 HOUSE BILL NO. 148 by Representatives Therriault and Davies, entitled: "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date." was read the first time and referred to the State Affairs, Health, Education & Social Services and Judiciary Committees. Representative Brown rose to a point of order, citing Rule 17 of the Uniform Rules, regarding the daily order of business, specifically reconsiderations. The Speaker stated that the reconsideration of a vote can be taken up at any time during the daily order of business. RECONSIDERATION Representative Mackie brought up reconsideration of the vote on the confirmation of Representative Porter to the Select Committee on Legislative Ethics. The question to be reconsidered: "Shall the House confirm the appointment of Representative Porter to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Representative Porter Reconsideration YEAS: 32 NAYS: 2 EXCUSED: 6 ABSENT: 0 1993-02-11 House Journal Page 0323 Confirmation of Representative Porter - Reconsideration Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Green, Hanley, Hudson, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Foster, MacLean Excused: Brice, Davies, Grussendorf, Hoffman, James, Sitton And so, the appointment of Representative Porter was confirmed on reconsideration, and the Chief Clerk was instructed to notify the Senate. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS (continued) HB 149 HOUSE BILL NO. 149 by Representative Hudson, entitled: "An Act relating to workers' compensation for a fire fighter and for a person volunteering as a fire fighter; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. HB 150 HOUSE BILL NO. 150 by Representative Hudson, entitled: "An Act relating to workers' compensation for a fire fighter and for a person volunteering as a fire fighter; and providing for an effective date." was read the first time and referred to the State Affairs, Labor & Commerce and Finance Committees. 1993-02-11 House Journal Page 0324 UNFINISHED BUSINESS HJR 24 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 316) on the following at this time: HOUSE JOINT RESOLUTION NO. 24 am Relating to the shortage of adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources and local officials to identify public land that might be made available for that housing. and SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(STA) am S Relating to adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources, and local officials to identify public land that might be made available for that housing. There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HJR 24am, thus adopting SCS HJR 24(STA)amS, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HJR 24am?" The roll was taken with the following result: SCS HJR 24(STA)amS Concur YEAS: 33 NAYS: 1 EXCUSED: 6 ABSENT: 0 1993-02-11 House Journal Page 0325 HJR 24 Yeas: Barnes, Brown, Bunde, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Carney Excused: Brice, Davies, Grussendorf, Hoffman, James, Sitton And so, the House concurred in the Senate amendment, thus adopting SCS HJR 24(STA)amS. Representative Navarre gave notice of reconsideration of his vote on SCS HJR 24(STA)amS. The House recessed at 10:48 a.m. AFTER RECESS JOINT SESSION IN THE HOUSE Speaker Barnes called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Halford who called the joint session to order at 11:06 a.m. The purpose of the joint session was to hear an address by the Honorable Ted Stevens, U.S. Senator. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. The Senate Sergeant-at-Arms announced Senator Stevens' entrance into the House Chamber. 1993-02-11 House Journal Page 0326 President Halford appointed Representative MacLean and Senator Little to escort the Senator to the joint session. Senator Stevens was escorted to the rostrum and welcomed by President Halford. Senator Steven's address appears in Senate and House Joint Journal Supplement No. 5. A question and answer period followed the conclusion of the Senator's speech. Senator Stevens received a standing ovation and was escorted from the Chamber by Representative MacLean and Senator Little. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Halford adjourned the joint session at 12:05 p.m. IN THE HOUSE The Speaker called the House back to order at 12:05 p.m., stating that the House would recess until 12:30 p.m. And so, the House recessed at 12:06 p.m. AFTER RECESS The House was called back to order at 12:36 p.m. Roll call showed 30 members present. Representatives Menard, Moses and Nicholia were absent. Representatives Brice, Davies, Grussendorf, Hoffman, James and Sitton had been previously excused from a call of the House today. Representative Ulmer had been previously excused from a call of the House today beginning at 1:00 p.m. RECONSIDERATION HJR 24 Representative Navarre moved that the reconsideration of HJR 24am and SCS HJR 24(STA)amS (page 325) be taken up on the same day. 1993-02-11 House Journal Page 0327 HJR 24 Representative Navarre placed a call of the House and lifted the call. The question being: "Shall the reconsideration of HJR 24am and SCS HJR 24(STA)amS be taken up on the same day?" The roll was taken with the following result: SCS HJR 24(STA)amS Concur Reconsideration Same Day YEAS: 29 NAYS: 1 EXCUSED: 7 ABSENT: 3 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, Kott, Larson, Mackie, MacLean, Martin, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Davidson Excused: Brice, Davies, Grussendorf, Hoffman, James, Sitton, Ulmer Absent: Menard, Moses, Nicholia And so, the motion passed. The question to be reconsidered: "Shall the House concur in the Senate amendment to HJR 24am?" The roll was taken with the following result: SCS HJR 24(STA)amS--RECONSIDERATION Concur YEAS: 30 NAYS: 0 EXCUSED: 7 ABSENT: 3 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, Kott, Larson, Mackie, MacLean, Martin, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1993-02-11 House Journal Page 0328 HJR 24 Excused: Brice, Davies, Grussendorf, Hoffman, James, Sitton, Ulmer Absent: Menard, Moses, Nicholia And so, the House concurred in the Senate amendment, thus adopting: SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(STA) am S Relating to adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources, and local officials to identify public land that might be made available for that housing. The Chief Clerk was instructed to so notify the Senate. SCS HJR 24(STA)amS was referred to the Chief Clerk for enrollment. CONSIDERATION OF THE DAILY CALENDAR THIRD READING OF HOUSE BILLS HB 88 The following was before the House in third reading (page 304) and was read the third time: HOUSE BILL NO. 88 AM "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month; and relating to the prevention of child abuse and neglect in the family." The question being: "Shall HB 88am pass the House?" The roll was taken with the following result: 1993-02-11 House Journal Page 0329 HB 88 HB 88am Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 7 ABSENT: 3 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, Kott, Larson, Mackie, MacLean, Martin, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Brice, Davies, Grussendorf, Hoffman, James, Sitton, Ulmer Absent: Menard, Moses, Nicholia And so, HB 88am passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Albert M.L. Beck, Eagle Scout By Representatives Navarre, Phillips, Hanley, Menard, Mulder, Nordlund, Parnell, Willis; Senators Salo, Little Honoring - Anchorage Fur Rendezvous 1993 By Senator Leman; Representatives Bunde, Green, Hanley, Menard, Mulder, Navarre, Nordlund, Parnell, Toohey, Willis Honoring - Mercy Dennis By Senator Pearce; Representative Hanley 1993-02-11 House Journal Page 0330 Honoring - Iliuliuk Medical Center, February 14, 1993 Grand Opening By Senator Zharoff; Representatives Moses, Hanley, Menard, Navarre In Memoriam - James Wilfred Sande By Senator Taylor; Representatives Williams, Grussendorf, Bunde, Hanley, Hudson UNFINISHED BUSINESS Representative Phillips brought up the reconsideration of the vote on the confirmation of Representative Finkelstein to the Select Committee on Legislative Ethics. Representative Navarre objected. Representative Phillips moved and asked unanimous consent to hold over the reconsideration of the confirmation of Representative Finkelstein until February 17, 1993. There being no objection, it was so ordered. Representative Finkelstein brought up the reconsideration of the vote on the confirmation of Niel Thomas to the Select Committee on Legislative Ethics. ****The presence of Representatives Moses, Menard and Nicholia was noted. The Speaker invoked Section 102 of Mason's Manual. The question to be reconsidered: "Shall the House confirm the appointment of Niel Thomas to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Niel Thomas Reconsideration YEAS: 15 NAYS: 18 EXCUSED: 7 ABSENT: 0 1993-02-11 House Journal Page 0331 Confirmation of Niel Thomas - Reconsideration Yeas: Brown, Carney, Davidson, B.Davis, Finkelstein, Green, Hudson, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Porter, Willis Nays: Barnes, Bunde, G.Davis, Foster, Hanley, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Davies, Grussendorf, Hoffman, James, Sitton, Ulmer And so, the appointment of Niel Thomas was not confirmed on reconsideration, and the Chief Clerk was instructed to notify the Senate. The reconsiderations of the appointments of Margie Mac Neille (page 307) and Jack P. Curry (page 308) to the Select Committee on Legislative Ethics were not taken up on this legislative day. The Chief Clerk was instructed to notify the Senate. HB 141 Representative Menard added his name as cosponsor to: HOUSE BILL NO. 141 "An Act relating to the powers of the Board of Game and to intensive game management to achieve higher sustained yield for human harvest." ENGROSSMENT HB 88 HB 88am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 24 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 2:00 p.m., February 11, 1993: 1993-02-11 House Journal Page 0332 HJR 24 SENATE CS FOR HOUSE JOINT RESOLUTION NO. 24(STA) am S Relating to adequate housing for military personnel and their dependents, directing the Alaska Housing Finance Corporation and certain municipalities to develop a joint program for improving the inventory of housing for those personnel, and urging the governor, the commissioner of natural resources, and local officials to identify public land that might be made available for that housing. ANNOUNCEMENTS Finance Committee Capitol 519 2:30 pm, 2/11 Community & Regional Affairs Committee CANCELLED 2/11 House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 15, 1993. There being no objection, the House adjourned at 2:28 p.m. J.C. Shine Chief Clerk