Legislature(1993 - 1994)
1993-02-17 House Journal
Full Journal pdf1993-02-17 House Journal Page 0355 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 17, 1993 Thirty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:07 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Reverend Pat Brayton of the Valley Chapel. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Heavenly Father, You know all things. You know the problems and burdens of every person in this room. Not only do You know these things, I believe You care about them. You care because You truly love every person here today. May we take comfort in knowing that our God knows and cares, and that He gives wisdom and help to those who ask Him. Teach us, Lord, to know You and to know the wisdom that comes from You. Let us yield to Your guiding hand, that we and all those affected by our actions may enjoy the blessings that You give. Teach us to avoid that course which leads to future regret. Let us learn to know Your gentle and quiet urgings that keep us from error and lead us to greatness. May the good of others be our foremost desire. In Jesus name. Amen." The Pledge of Allegiance was led by Representative Green. 1 1993-02-17 House Journal Page 0356 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 36th and 37th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE FIRST READING AND REFERENCE OF SENATE BILLS SB 30 A message dated February 15, 1993, was read stating that the Senate has passed the following, and it is transmitted for consideration: SENATE BILL NO. 30 by Senators Sharp, Miller and Frank, entitled: "An Act extending the termination date of the Alaska Minerals Commission." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Department of Administration Division of Personnel and Office of Equal Employment Opportunity Fiscal Year 1992 Annual Report (as required by AS 44.19.44(a)(12)) Department of Natural Resources Office of the Commissioner Determination to Take Oil & Gas Royalties in Money (In-Value) (as required by AS 38.05.182(b)) Department of Revenue Division of Treasury Teachers Retirement Trust Fund Financial Statements - June 30, 1992 and 1991 With Independent Auditors' Report 1993-02-17 House Journal Page 0357 Legislative Budget and Audit Committee Division of Legislative Audit (as required by AS 24.20.311) Department of Transportation & Public Facilities Review of the Southeast Region Design & Construction October 1989 Reorganization, November 30, 1992 Department of Fish & Game Selected Issues in Federal Sport Fish & Game Restoration Programs, November 13, 1992 Department of Health & Social Services Travel and Password Security, November 20, 1992 Office of the Governor Media Support Center, December 24, 1992 REPORTS OF STANDING COMMITTEES HJR 11 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, Green, Kott Do not pass (1): Davidson No recommendation (1): Nordlund The following fiscal note applies to HJR 11: Fiscal note, Office of the Governor, 2/1/93 HJR 11 was referred to the Finance Committee. 1993-02-17 House Journal Page 0358 HB 62 The Labor & Commerce Committee has considered: HOUSE BILL NO. 62 "An Act prohibiting employers from discriminating against individuals who use legal products in a legal manner outside of work." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Sitton, Mulder, Williams, Hudson No recommendation (2): Porter, Green The following fiscal notes apply to HB 62: Zero fiscal note, Dept. of Administration, 2/17/93 Zero fiscal note, Dept. of Labor, 2/17/93 HB 62 was referred to the Judiciary Committee. HB 90 The Finance Committee has considered: HOUSE BILL NO. 90 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Larson, Hanley, Parnell, Navarre, Therriault, Foster No recommendation (1): Martin The following fiscal note applies to HB 90: Zero fiscal note, Legislative Affairs Agency, 2/3/93 1993-02-17 House Journal Page 0359 HB 90 HB 90 was referred to the Rules Committee for placement on the calendar. HB 146 The Finance Committee has considered: HOUSE BILL NO. 146 "An Act making a special appropriation to the Department of Law to pay a judgment entered into in the case of Southeast Conference v. Hickel; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): MacLean, Larson, Navarre, Foster No recommendation (4): Martin, Hanley, Parnell, Therriault HB 146 was referred to the Rules Committee for placement on the calendar. SCR 1 The State Affairs Committee has considered: SENATE CONCURRENT RESOLUTION NO. 1 Relating to the twenty-seventh annual Boys' State. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Ulmer, Olberg, G.Davis, Sanders, Kott The following fiscal note applies to SCR 1: Zero fiscal note, Senate State Affairs Committee, 2/3/93 SCR 1 was referred to the Rules Committee for placement on the calendar. 1993-02-17 House Journal Page 0360 REPORTS OF SPECIAL COMMITTEES HB 133 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 133 "An Act amending the definition of `value' for purposes of administration of fisheries taxes; and providing for an effective date." The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (4): Moses, Phillips, Nicholia, Olberg The following fiscal note applies to HB 133: Revenue Fiscal note, Dept. of Revenue, 2/17/93 HB 133 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - C. Waco Shelley By Representatives Hudson, Ulmer; Senator Duncan Honoring - Bob Coghill and Eleanor Thomson, 1992 Kenai Chamber of Commerce President Award Winners By Senator Salo; Representative Navarre Honoring - Anastasia "Ana" Cooke By Senator Jacko Honoring - Kenai Senior Center, 1992 Kenai Chamber of Commerce Special Service Award By Senator Salo; Representative Navarre 1993-02-17 House Journal Page 0361 Honoring - Kenai Middle School Sixth Grade Quest Team By Senators Salo, Little; Representative Navarre Honoring - Peninsula Flooring, 1992 Kenai Chamber of Commerce Community Service Award By Senator Salo; Representative Navarre In Memoriam - Ruth Lillian McVay Popejoy By Senator Duncan; Representatives Ulmer, Hudson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 26 SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 26 by Representatives Menard, Willis and Hudson: Proposing amendments to the Constitution of the State of Alaska relating to the individual right to keep and bear arms and to the misuse of arms. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HJR 28 HOUSE JOINT RESOLUTION NO. 28 by Representative Brice: Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. was read the first time and referred to the Transportation Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 159 HOUSE BILL NO. 159 by Representative B.Davis, entitled: "An Act prohibiting the possession of child pornography." 1993-02-17 House Journal Page 0362 HB 159 was read the first time and referred to the Judiciary and Finance Committees. HB 160 HOUSE BILL NO. 160 by Representative Green, entitled: "An Act relating to the time for filing certain civil actions; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 161 HOUSE BILL NO. 161 by Representative Mulder, entitled: "An Act making a special appropriation to the constitutional budget reserve fund of certain money obtained in settlement with British Petroleum America for resolution of disputes over taxes arising under the state's worldwide unitary apportionment income tax; and providing for an effective date." was read the first time and referred to the Finance Committee. RECONSIDERATION Representative Ulmer brought up reconsideration of the vote on confirmation of the appointment of Representative Finkelstein to the Select Committee on Legislative Ethics. Representative Mackie placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall the House confirm the appointment of Representative Finkelstein to the Select Committee on Legislative Ethics? The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Representative Finkelstein Reconsideration YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 1993-02-17 House Journal Page 0363 Confirm Representative Finkelstein Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Porter, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Vezey, Williams And so, the appointment of Representative Finkelstein was not confirmed on reconsideration. ANNOUNCEMENTS Minority Caucus upon recess, 2/17 The Speaker stated the House would recess until 6:00 p.m. And so, the House recessed at 10:58 a.m. AFTER RECESS The House was called back to order at 6:06 p.m. The roll call showed 38 members present. Representative G.Davis had been previously excused from a call of the House today beginning at 5:00 p.m. Representative Phillips moved and asked unanimous consent that Representative B.Davis be excused from a call of the House today due to illness. There being no objection, it was so ordered. 1993-02-17 House Journal Page 0364 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 94 The following was read the second time: HOUSE BILL NO. 94 "An Act making a supplemental appropriation for costs of elections operations; and providing for an effective date." with the: Journal Page GOVERNOR'S TRANSMITTAL LETTER 164 FIN RPT CS(FIN) 9DP 2NR 320 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. 94(FIN) (same title) Representative Brown placed a call of the House and lifted the call. There being no objection, CSHB 94(FIN) was adopted. Representative Phillips moved and asked unanimous consent that CSHB 94(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 94(FIN) was read the third time. The question being: "Shall CSHB 94(FIN) pass the House?" The roll was taken with the following result: CSHB 94(FIN) Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 2 ABSENT: 0 1993-02-17 House Journal Page 0365 HB 94 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Davidson, Menard, Navarre, Ulmer Excused: B.Davis, G.Davis And, so CSHB 94(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 clause. There being no objection, it was so ordered. Representative Ulmer gave notice of reconsideration of her vote on CSHB 94(FIN). SECOND READING OF HOUSE RESOLUTIONS HCR 5 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 5 Relating to the twenty-fifth annual Girls' State. with the: Journal Page STA RPT 4DP 3NR 282 -ZERO FISCAL NOTE (LAA) 2/10/93 283 The question being: "Shall HCR 5 pass the House?" The roll was taken with the following result: 1993-02-17 House Journal Page 0366 HCR 5 HCR 5 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, G.Davis And so, HCR 5 passed the House and was referred to the Chief Clerk for engrossment. HJR 21 The following was read the second time: HOUSE JOINT RESOLUTION NO. 21 Honoring Thurgood Marshall, 1908 - 1993. with the: Journal Page JUD RPT CS(JUD) 6DP 283 -ZERO FISCAL NOTE (H.JUD) 283 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 21(JUD) (same title) There being no objection, it was so ordered. 1993-02-17 House Journal Page 0367 HJR 21 Representative Phillips moved and asked unanimous consent that CSHJR 21(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 21(JUD) was read the third time. The question being: "Shall CSHJR 21(JUD) pass the House?" The roll was taken with the following result: CSHJR 21(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, G.Davis And so, CSHJR 21(JUD) 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 - Kenai River Sportfishing, Incorporated By Representatives Phillips, Mulder, Bunde, G.Davis, Green, Menard, Navarre, Toohey 1993-02-17 House Journal Page 0368 Honoring - Jeremy Ritter By Representatives Mackie, MacLean, Brown, Bunde, Green, Hanley, Martin, Menard, Mulder, Navarre, Nicholia, Toohey, Ulmer Honoring - Robert Maggie and Dale Webb, 50th Wedding Anniversary Celebration, Fairbanks, Alaska, February 20, 1993 By Representatives Brice, Davies, Green, Menard, Mulder, Phillips, Sitton In Memoriam - Lena Venes Laraux By Representatives Hoffman, Davidson, Foster, Menard, Nicholia Honoring - Robert Corbisier, Homer Chamber of Commerce, Outstanding Community Contribution By A Young Person By Senator Little; Representatives Navarre, Phillips, G.Davis, Green, MacLean, Menard, Mulder, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Bunde - from 3:00 p.m., February 19 to 8:45 a.m. plane time, February 22, 1993; and from 3:00 p.m., February 25 to 10:00 a.m. plane time, March 1, 1993 Representative B.Davis - from 6:00 p.m., March 19 to 7:45 p.m., March 21, 1993 Representative Hanley - from 4:30 p.m., February 25 to 9:00 p.m. plane time, February 28, 1993 Representative Kott - from 4:30 p.m., February 26 to 8:45 p.m. plane time, February 28, 1993 Representative Martin - from 1:10 p.m., February 21 to 9:10 p.m. plane time, March 1, 1993 Representative MacLean - from 6:05 p.m., February 18 to 8:45 p.m. plane time, February 21, 1993 1993-02-17 House Journal Page 0369 Representative Moses - from 6:20 p.m., February 18 to 7:05 p.m. plane time, February 21, 1993 Representative Sanders - from 6:05 p.m., February 19 to 8:45 p.m. plane time, February 21, 1993 Representative Ulmer - from 7:45 a.m., February 27 to 9:45 a.m., February 28, 1993 Representative Willis - from 5:00 p.m., March 11 to 8:45 p.m., March 14, 1993 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House revert to Reports of Standing Committees. Representative Grussendorf objected and withdrew the objection, and the House reverted to: REPORTS OF STANDING COMMITTEES HB 45 The Finance Committee has considered: HOUSE BILL NO. 45 "An Act making appropriations to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 45(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (10): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Hoffman, Foster, Therriault, Brown 1993-02-17 House Journal Page 0370 HB 45 HB 45 was referred to the Rules Committee for placement on the calendar. HB 109 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 109 "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 109(HES) (same title) The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (8): Vezey, G.Davis, Bunde, Nicholia, B.Davis, Kott, Toohey, Brice The following fiscal notes apply to CSHB 109(HES): Fiscal note, Dept. of Health & Social Services, 2/17/93 Zero fiscal note, Dept. of Corrections, 2/17/93 Zero fiscal note, Dept. of Law, 2/17/93 HB 109 was referred to the Judiciary Committee. UNFINISHED BUSINESS HB 73 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 73 "An Act relating to state and local taxation and other state regulation as affected by the Alaska Native Claims Settlement Act, as amended, and related federal statutes; and providing for an effective date." 1993-02-17 House Journal Page 0371 HB 73 HB 73 was sent to the Rules Committee for placement on the calendar. Representative Davies moved that the House confirm the appointment of Isaac Charlton to the Select Committee on Legislative Ethics. The question being: "Shall the House confirm the appointment of Isaac Charlton to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Isaac Charlton Confirm YEAS: 19 NAYS: 19 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hoffman, Hudson, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Olberg, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Foster, Green, Hanley, James, Kott, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, G.Davis And so the appointment of Isaac Charlton was not confirmed. Representative Brown gave notice of reconsideration of her vote on the confirmation of the appointment of Isaac Charlton. HSCR 2 Representatives Brice and Larson added their names as cosponsors to: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 87. HCR 5 Representatives Navarre and Menard added their names as cosponsors to: 1993-02-17 House Journal Page 0372 HCR 5 HOUSE CONCURRENT RESOLUTION NO. 5 Relating to the twenty-fifth annual Girls' State. HJR 21 Representative Mulder added his name as cosponsor to: CS FOR HOUSE JOINT RESOLUTION NO. 21(JUD) Honoring Thurgood Marshall, 1908 - 1993. HJR 28 Representatives Kott and Mulder added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. HB 87 Representative Sitton removed his name as cosponsor to: HOUSE BILL NO. 87 "An Act relating to liability insurance and bond requirements for guide-outfitters or marine mammal guide-outfitters." HB 130 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 130 "An Act relating to the nonresident king salmon tag fee." HB 154 Representative Sanders added his name as cosponsor to: HOUSE BILL NO. 154 "An Act establishing a woman's right to know certain medical facts related to the woman's safety before an abortion is performed." 1993-02-17 House Journal Page 0373 HB 155 Representatives Hudson and Sitton added their names as cosponsors to: HOUSE BILL NO. 155 "An Act relating to audits of health facilities." HB 160 Representatives Vezey and Mulder added their names as cosponsors to: HOUSE BILL NO. 160 "An Act relating to the time for filing certain civil actions; and providing for an effective date." HB 161 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 161 "An Act making a special appropriation to the constitutional budget reserve fund of certain money obtained in settlement with British Petroleum America for resolution of disputes over taxes arising under the state's worldwide unitary apportionment income tax; and providing for an effective date." ENGROSSMENT HCR 5 HCR 5 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 21 CSHJR 21(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Thursday printed schedule. 1993-02-17 House Journal Page 0374 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 18, 1993. There being no objection, the House adjourned at 8:10 p.m. J.C. Shine Chief Clerk