Legislature(1993 - 1994)
1993-02-19 House Journal
Full Journal pdf1993-02-19 House Journal Page 0385 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday February 19, 1993 Fortieth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:13 a.m. Roll call showed 34 members present. Representatives G.Davis, Foster, MacLean, Moses and Nicholia had been previously excused from a call of the House today. Representative B.Davis was excused due to illness. The invocation was offered by the Chaplain, Pastor Pat Brayton of the Valley Chapel. Representative Green moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Heavenly Father, I am here once again to pray for these men and women who labor many long hours performing the work of our government. Theirs is a very important and often difficult task. Please give them Your blessing and Your wisdom. Give to them and their families, health and peace of mind. As You alone know the future, please guide them in all decisions. May the actions taken here today prove to be the right ones. May the state of Alaska prosper in their care, and may problems be resolved through Your intervention. For Your help and blessing, Lord, we give You thanks and praise. May we always walk, so as to please You, that we may continue to receive Your blessing. Hear this prayer and answer with loving kindness. In Jesus Name, I pray. Amen." 1 1993-02-19 House Journal Page 0386 The Pledge of Allegiance was led by Representative Green. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 39th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and appear in House Journal Supplement No. 3 and House & Senate Joint Journal Supplement No. 6. REPORTS OF STANDING COMMITTEES HB 43 The Judiciary Committee has considered: HOUSE BILL NO. 43 "An Act relating to the crime of conspiracy." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Phillips, Kott No recommendation (2): Green, Nordlund A letter of intent, signed by Representative Porter, Chair, appears below: Letter of Intent for HB 43 "The House Judiciary Committee discussed several questions regarding the present fiscal notes to HB 43, An Act relating to the Crime of Conspiracy. In the committee's view, there may be some minimal 1993-02-19 House Journal Page 0387 HB 43 impact upon the criminal justice system, but not nearly to the extent estimated by some of the criminal justice agencies. The Judiciary Committee respectfully suggests that the Finance Committee closely examine the assumptions upon which the fiscal notes for HB 43 are presently based. Testimony presented to the committee indicated that, on the federal level, criminal defendants who are charged with both conspiracy and for the completed criminal offense are sometimes motivated to enter a plea admitting guilt to one or the other crime, disposing of the case in a timely and relatively efficient manner. This would tend to somewhat lessen the pressures on the criminal justice system, not increase them. Several witnesses, including members of the defense bar, testified that Alaska's present criminal laws regarding accomplice liability and attempts are relatively broad; thus the range of criminal conduct that would be chargeable under a new conspiracy law is a narrow one. In the view of the committee, this position is consistent with the 'zero' fiscal notes submitted by the Departments of Law and Public Safety." The following fiscal notes apply to HB 43: Fiscal note, Alaska Court System, 2/19/93 Fiscal note, Dept. of Corrections, 2/19/93 Fiscal notes (2), Dept. of Administration, 2/8/93 Zero fiscal note, Dept. of Law, 2/19/93 Zero fiscal note, Dept. of Public Safety, 2/8/93 HB 43 was referred to the Finance Committee. HB 52 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 52 "An Act relating to municipal taxation of alcoholic beverages; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: 1993-02-19 House Journal Page 0388 HB 52 Do pass (2): Davies, Williams Do not pass (2): Sanders, Bunde No recommendation (3): Willis, Toohey, Olberg The following fiscal note applies to HB 52: Zero fiscal note, Dept. of Law, 2/19/93 HB 52 was referred to the State Affairs Committee. HB 102 The Labor & Commerce Committee has considered: HOUSE BILL NO. 102 "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Sitton, Williams, Hudson No recommendation (2): Porter, Green The following fiscal note applies to HB 102: Fiscal note, Dept. of Labor, 2/19/93 HB 102 was referred to the Finance Committee. HB 114 The Labor & Commerce Committee has considered: HOUSE BILL NO. 114 "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures." 1993-02-19 House Journal Page 0389 HB 114 The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Sitton, Williams, Green, Hudson The following fiscal note applies to HB 114: Zero fiscal note, Dept. of Commerce & Economic Development, 2/10/93 HB 114 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 - Anchorage Senior Center Tenth Anniversary By Representative Finkelstein Honoring - Damion Lupo By Representatives Willis, Foster, Carney, Kott; Senators Halford, Phillips Honoring - Women's History Month By Representative B.Davis In Memoriam - Elouise "Shadow Base" Harding By Senator Taylor; Representative Grussendorf INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 7 HOUSE CONCURRENT RESOLUTION NO. 7 by Representatives Nicholia, Brice, Nordlund, Finkelstein, Parnell, James, Navarre, Menard, Ulmer and Brown: 1993-02-19 House Journal Page 0390 HCR 7 Relating to Alcohol-Related Birth Defects Awareness Week. was read the first time and referred to the Health, Education & Social Services Committee. HCR 8 HOUSE CONCURRENT RESOLUTION NO. 8 by Representatives Nordlund, Olberg, Navarre, Ulmer, Sitton, B.Davis, Brown and James: Proposing amendments to the Uniform Rules of the Alaska State Legislature relating to notice of committee meetings and action by committees; and providing for an effective date. was read the first time and referred to the State Affairs and Judiciary Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 167 HOUSE BILL NO. 167 by Representative Hanley, entitled: "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to civil and criminal penalties, damages, and other remedies for air quality control violations; clarifying the definition of 'hazardous substance' to include releases and threatened releases to the atmosphere; amending the lien provisions relating to the oil and hazardous substance release response fund; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 168 HOUSE BILL NO. 168 by the House Rules Committee by request, entitled: 1993-02-19 House Journal Page 0391 HB 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. HB 169 HOUSE BILL NO. 169 by Representative Carney, entitled: "An Act relating to milk." was read the first time and referred to the Labor & Commerce, Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR Representative Phillips moved and asked unanimous consent that today's calendar be held to February 22, 1993. Representative Navarre objected. The House stood at ease for a Minority Caucus at 10:36 a.m. The House was called back to order at 11:08 a.m. Representative Phillips moved and asked unanimous consent to withdraw the motion to hold the calendar over until February 22, 1993. There being no objection, it was so ordered. SECOND READING OF HOUSE BILLS HB 45 The following was read the second time: 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." 1993-02-19 House Journal Page 0392 HB 45 with the: Journal Page HES RPT 7DP 1NR 210 FIN RPT CS(FIN) 10DP 369 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. 45(FIN) (same title) There being no objection, it was so ordered. Representative Navarre added a "do pass" recommendation to the Finance Committee report (page 369). Representative Phillips moved and asked unanimous consent that CSHB 45(FIN) be considered engrossed and advanced to third reading. There being no objection, it was so ordered. CSHB 45(FIN) was read the third time. The question being: "Shall CSHB 45(FIN) pass the House?" The roll was taken with the following result: CSHB 45(FIN) Third Reading Final Passage YEAS: 33 NAYS: 1 EXCUSED: 6 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Green Excused: B.Davis, G.Davis, Foster, MacLean, Moses, Nicholia 1993-02-19 House Journal Page 0393 HB 45 And so, CSHB 45(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 Mackie gave notice of reconsideration of his vote on CSHB 45(FIN). HB 146 The following was read the second time: 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." with the: Journal Page FIN RPT 4DP 4NR 359 Representative Phillips moved and asked unanimous consent that HB 146 be considered engrossed and advanced to third reading. There being no objection, it was so ordered. HB 146 was read the third time. The question being: "Shall HB 146 pass the House?" The roll was taken with the following result: HB 146 Third Reading Final Passage YEAS: 29 NAYS: 5 EXCUSED: 6 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis 1993-02-19 House Journal Page 0394 HB 146 Nays: Green, Martin, Mulder, Therriault, Vezey Excused: B.Davis, G.Davis, Foster, MacLean, Moses, Nicholia And so, HB 146 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 Martin gave notice of reconsideration of his vote on HB 146. SECOND READING OF SENATE RESOLUTIONS SCR 1 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 1 Relating to the twenty-seventh annual Boys' State. with the: Journal Page STA RPT 6DP 359 -PREVIOUS ZERO FN (S.STA) 2/3/93 359 The question being: "Shall SCR 1 pass the House? The roll was taken with the following result: SCR 1 Second Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 6 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1993-02-19 House Journal Page 0395 SCR 1 Excused: B.Davis, G.Davis, Foster, MacLean, Moses, Nicholia And so, SCR 1 passed the House, was signed by the Speaker and the Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. Representative Sitton objected and withdrew the objection. There being no further objections, the following citations were approved and sent to enrolling: Honoring - Captain Thomas C. Lilly, USAF By Representatives Kott, Willis, Carney, Foster, Martin, Mulder, Navarre, Barnes, Hanley, Menard, Nicholia, Phillips, Porter, Toohey, Vezey; Senators Halford, Phillips, Leman Honoring - United Way of the Tanana Valley By Representative Brice, Barnes, Davies, Hanley, Menard, Navarre, Nicholia, Sitton, Therriault, Vezey, Willis Honoring - James B. Hermiller By Senator Pearce; Representative Barnes, Foster, Green, Hanley, Larson, Menard, Mulder, Navarre, Olberg, Phillips, Porter Honoring - Kiana Lynx Basketball Team By Senator Adams; Representative MacLean, Barnes, Foster, Menard, Navarre, Nicholia, Willis Honoring - Soldotna High School Girls Basketball Team 1993 4A Girls State Champions By Senator Little; Representative G. Davis, Barnes, Green, Menard, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis UNFINISHED BUSINESS HSCR 2 Representative Sitton added his name as cosponsor to: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 87. 1993-02-19 House Journal Page 0396 HJR 28 Representative Phillips added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. HJR 29 Representatives Nordlund, Nicholia and Brown added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 29 Requesting the Congress of the United States to pass legislation to permit the export of Alaska crude oil. HB 5 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 5 "An Act relating to the crime of harassment." HB 11 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 11 "An Act relating to the crime of terroristic threatening." HB 93 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 93 "An Act relating to the village public safety officers program." HB 160 The following bill was introduced on February 17, 1993 (page 362): HOUSE BILL NO. 160 "An Act relating to the time for filing certain civil actions; and providing for an effective date." 1993-02-19 House Journal Page 0397 HB 160 Representatives Vezey and Mulder added their names as cosponsors on February 17, 1993 (page 373). Representatives Phillips, Larson, Hudson, Porter and Bunde also added their names as cosponsors on February 17, 1993, but their names were inadvertently omitted. And so, sponsorship of the original bill was printed in the following order: Representatives Green, Phillips, Larson, Hudson, Porter, Bunde, Vezey and Mulder. In addition, Representative Kott today added his name as cosponsor to HB 160. SCR 1 Representatives Menard and Hanley added their names as cross sponsors to: SENATE CONCURRENT RESOLUTION NO. 1 Relating to the twenty-seventh annual Boys' State. The reconsideration of the appointment of Isaac Charlton (page 371) to the Select Committee on Legislative Ethics was not taken up on February 18, 1993. The Chief Clerk was instructed to notify the Senate. ENROLLMENT HB 68 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 4:45 p.m., February 18, 1993: 1993-02-19 House Journal Page 0398 HB 68 CS FOR HOUSE BILL NO. 68(FIN)(efd fld S) "An Act making a supplemental appropriation for certain elections for regional educational attendance area school boards and coastal resource service area boards." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber 1:00 pm, 2/20 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 22, 1993. There being no objection the House adjourned at 12:00 noon. J.C. Shine Chief Clerk