Legislature(1993 - 1994)
1993-02-22 House Journal
Full Journal pdf1993-02-22 House Journal Page 0405 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday February 22, 1993 Forty-third Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:10 a.m.. Roll call showed 37 members present. Representatives Martin and Nicholia had been previously excused from a call of the House today. Representative Mulder was excused due to illness. The invocation was offered by the Chaplain, Kayla Epstein of the Juneau Jewish Community. Representative Hoffman moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our God and Creator, we thank You for the sense of justice You have implanted within us, and which always seeks, though at times haltingly, to express itself in daily life. Make us, O God, more steadfast in our desire to do Your will. Teach us that the men and women around us are our brothers and sisters, and fill us with such love for our fellow creatures that we will never wrong them, or exploit them, or take advantage of their weakness or ignorance. 1 1993-02-22 House Journal Page 0406 Kindle in us a passion for righteousness. Grant us the vision to see that only justice can endure, and that only in being just to one another can we make our lives acceptable to You. May we by our thoughts and our deeds hasten the time when wrong and violence shall cease, and justice be established in all the earth. Let justice roll down like waters, and righteousness like a mighty stream. Amen." The Pledge of Allegiance was led by Representative Hanley. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 40th, 41st and 42nd legislative days, House Supplement No. 3 and House & Senate Joint Journal Supplement No. 6 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 68 A letter dated February 18, 1993, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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." Chapter No. 1, SLA 1993 Effective Date: May 19, 1993 1993-02-22 House Journal Page 0407 COMMUNICATIONS A letter dated February 18, 1993, was read stating that Daniel A. Moore, Jr., Chief Justice of the Supreme Court of Alaska, submits the following names for legislative confirmation of appointment to the position noted and the Speaker referred the following to the Judiciary Committee: Select Committee on Legislative Ethics Virginia M. Johnson Edith A. Vorderstrasse Shirley A. McCoy S. Kay DuBois Resumes for the appointment are on file in the Chief Clerk's office. HB 90 A memorandum dated February 17, 1993, was received from David R. Dierdorff, Revisor of Statutes, enclosing a sectional analysis for the following bill: 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 sectional analysis will appear in House Supplement No. 4. REPORTS OF STANDING COMMITTEES The Resources Committee has considered the following appointees: Bruce Twomley as Commissioner of the Alaska Commercial Fisheries Entry Commission. Recommending confirmation: Hudson, Carney, Green, James, Davies, Mulder, Bunde, Williams 1993-02-22 House Journal Page 0408 Glenn W. Fredericks Paul E. Johnson as members of the Alaska Big Game Commercial Services Board. Recommending confirmation: Carney, James, Davies, Williams No recommendation: Green, Bunde, Finkelstein David Johnston as Commissioner of the Alaska Oil and Gas Conservation Commission. Recommending confirmation: Carney, Green, Davies, Bunde, Williams No recommendation: James, Finkelstein The reports were signed by Representative Williams, Chair. HB 78 The Judiciary Committee has considered: HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Phillips, Nordlund, James, Kott, Green The following fiscal notes apply to HB 78: Zero fiscal note, Dept. of Public Safety, 2/10/93 Zero fiscal note, Dept. of Administration, 2/10/93 HB 78 was referred to the Finance Committee. 1993-02-22 House Journal Page 0409 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Earthquake Preparedness Poster Contest Winners By Senators Rieger, Phillips; Representative Mulder Honoring - The Motor Vessel Tustumena By Senator Jacko; Representative Moses In Memoriam - Matthew Iya By Representatives MacLean, Foster, Hoffman, Nicholia; Senators Adams, Lincoln In Memoriam - Rear Admiral Henry Louis Miller By Representatives Sitton, Davies, Brice In Memoriam - Alan T. Campbell By Senators Kerttula, Halford; Representatives Menard, Carney, Larson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 9 HOUSE CONCURRENT RESOLUTION NO. 9 by Representatives Hoffman and Ulmer: Relating to management of the community development fisheries quota program and fisheries development by the state. was read the first time and referred to the House Special Committee on Fisheries, Resources and Finance Committees. HJR 30 HOUSE JOINT RESOLUTION NO. 30 by Representatives Barnes and Toohey: Relating to epidemiological and quarantine services in ports of entry in the state. 1993-02-22 House Journal Page 0410 HJR 30 was read the first time and referred to the Health, Education & Social Services Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 34 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 34 by Representative Menard by request, entitled: "An Act relating to a registration tax and a certificate of title for a snow vehicle; relating to municipal taxation of a snow vehicle; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. HB 126 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 126 by Representatives Phillips and G.Davis, entitled: "An Act establishing the current prevailing rate of wages issued at least 10 days before the final submission of bids as the prevailing wage rate for public construction projects and requiring periodic adjustment of the wage rate." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 143 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 143 by Representatives Mackie and Grussendorf, entitled: "An Act relating to the distribution of the revenue obtained from imposition of the state tax on motor fuel used in watercraft of all descriptions; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Transportation and Finance Committees. 1993-02-22 House Journal Page 0411 HB 156 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 156 by the House Rules Committee by request of the Governor, entitled: "An Act establishing the educational facilities maintenance and construction fund; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The following fiscal note applies to HB 156: Zero fiscal note, Dept. of Revenue, 2/22/93 The Governor's transmittal letter, dated February 22, 1993, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a sponsor substitute for HB 156 introduced at my request earlier this session. This sponsor substitute more clearly reflects my intent to establish a statutory fund to be used for capital projects for Alaska public schools and for maintenance of University of Alaska capital projects. This bill establishes the educational facilities maintenance and construction fund to ensure a long-term source of money for appropriations for the design, construction, and maintenance of public school capital projects and for maintenance of University facilities. A companion bill, introduced at my request, would appropriate the bulk of the February 1993 British Petroleum settlement to the educational facilities maintenance and construction fund. This bill, establishing that fund, provides for a July1, 1993 effective date to correspond to the effective date of that appropriation bill. 1993-02-22 House Journal Page 0412 HB 156 I urge your favorable action on this important bill. Sincerely, /s/ Walter J. Hickel Governor" HB 157 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 157 by the House Rules Committee by request of the Governor, entitled: "An Act making special appropriations to the educational facilities maintenance and construction fund and the mental health trust income account; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The Governor's transmittal letter, dated February 22, 1993, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a sponsor substitute for HB 157, introduced at my earlier request this session. The sponsor substitute more clearly reflects my intent that an amount substantially equivalent to the February 1993 British Petroleum settlement be appropriated from the general fund primarily to capitalize a fund that is to be used for maintenance and construction of Alaska public schools and for maintenance of University of Alaska facilities. The settlement is expected to be received on June30, 1993. Additionally, the bill appropriates from the general fund an amount equivalent to six percent of that settlement, and places it in the mental health trust income account, consistent with AS37.14.011. 1993-02-22 House Journal Page 0413 HB 157 The bill's July1, 1993 effective date is contingent upon the educational facilities maintenance and construction fund being established in law. I have submitted a companion bill to accomplish that. I urge your support of this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 170 HOUSE BILL NO. 170 by Representatives Sanders and Grussendorf, entitled: "An Act extending the termination date of the Board of Marine Pilots." was read the first time and referred to the Labor & Commerce and Finance Committees. HB 171 HOUSE BILL NO. 171 by Representative Larson, entitled: "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 172 HOUSE BILL NO. 172 by Representatives Williams, Phillips, Larson, Davies, Bunde, Finkelstein, Porter and Ulmer, entitled: "An Act relating to the wildlife conservation tag and to entry onto state game and wildlife sanctuaries, state game refuges, state range areas, and fish and game critical habitat areas; and providing for an effective date." 1993-02-22 House Journal Page 0414 HB 172 was read the first time and referred to the Resources and Finance Committees. CONSIDERATION OF THE DAILY 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 - Anchorage Senior Center Tenth Anniversary By Representatives Finkelstein, Barnes, Brown, Hanley, Menard, Mulder, Navarre, Nordlund, Parnell, Phillips, Porter, Toohey, Ulmer, Willis Honoring - Damion Lupo By Representatives Willis, Foster, Carney, Kott, Barnes, Menard, Mulder; Senators Halford, Phillips Honoring - Women's History Month By Representatives B.Davis, Barnes, Brown, Davies, Davidson, G.Davis, Hoffman, Menard, Navarre, Nordlund, Phillips, Sitton, Toohey, Ulmer, Willis In Memoriam - Elouise "Shadow Base" Harding By Senator Taylor; Representatives Grussendorf, Barnes, Menard RECONSIDERATION HB 45 Representative Brice brought up reconsideration of the vote on CSHB 45(FIN) (page 393). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 45(FIN) "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." 1993-02-22 House Journal Page 0415 HB 45 Representative Brice moved and asked unanimous consent that CSHB 45(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brice: Page 1, line 10: Delete "$616,878,630" Insert "$624,368,330" Page 1, line 12: Delete "7,489,700" Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Larson objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 45(FIN)--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 10 NAYS: 26 EXCUSED: 3 ABSENT: 1 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Menard, Nordlund, Sitton, Willis Nays: Barnes, Bunde, Davidson, G.Davis, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Excused: Martin, Mulder, Nicholia Absent: Green And so, Amendment No. 1 was not adopted. 1993-02-22 House Journal Page 0416 HB 45 Representative Carney moved and asked unanimous consent that CSHB 45(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2. Representative Phillips objected. The question being: "Shall CSHB 45(FIN) be returned to second reading for the specific purpose of considering Amendment No. 2?" The roll was taken with the following result: CSHB 45(FIN)--RECONSIDERATION Third Reading Return to Second for specific amendment YEAS: 15 NAYS: 20 EXCUSED: 3 ABSENT: 2 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nordlund, Sitton, Ulmer Nays: Barnes, Bunde, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Martin, Mulder, Nicholia Absent: Green, Willis And so, the motion failed. Representative Navarre moved and asked unanimous consent that the House rescind its action in failing to return CSHB 45(FIN) to second reading for the specific purpose of considering Amendment No. 2. Representative Phillips objected. The question being: "Shall the House rescind its action in failing to return CSHB 45(FIN) to second reading for the specific purpose of considering Amendment No. 2?" The roll was taken with the following result: 1993-02-22 House Journal Page 0417 HB 45 CSHB 45(FIN)--RECONSIDERATION Third Reading Rescind Action in Failing to Return to 2nd Reading YEAS: 16 NAYS: 20 EXCUSED: 3 ABSENT: 1 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Martin, Mulder, Nicholia Absent: Green And so, the motion failed. *** Representative Green was excused due to illness. The question to be reconsidered: "Shall CSHB 45(FIN) pass the House?" The roll was taken with the following result: CSHB 45(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Martin, Mulder, Nicholia And so, CSHB 45(FIN) passed the House on reconsideration. 1993-02-22 House Journal Page 0418 HB 45 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 45(FIN) was referred to the Chief Clerk for engrossment. HB 146 Representative Vezey brought up reconsideration of the vote on HB 146 (page 394). The following was again before the House in third reading: 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." Representative Vezey moved and asked unanimous consent that HB 146 be returned to second reading for the specific purpose of considering Amendment No. 1. Representative Grussendorf objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 1 was offered by Representatives Vezey and Martin: Page 1, line 5: Delete "$974,945" Insert "$862,945" Page 1, line 7: Delete "$1,080,000" Insert "$954,000" Page 1, line 9, after "it": Insert ", except for that portion of the judgment and interest that was awarded to the Democratic Party," Correct the funding information accordingly. 1993-02-22 House Journal Page 0419 HB 146 Representative Vezey moved and asked unanimous consent that Amendment No. 1 be adopted. Representative MacLean objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 146--RECONSIDERATION Second Reading Amendment No. 1 YEAS: 0 NAYS: 36 EXCUSED: 4 ABSENT: 0 Nays: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Martin, Mulder, Nicholia And so, Amendment No. 1 was not adopted. The question to be reconsidered: "Shall HB 146 pass the House?" The roll was taken with the following result: HB 146--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Nays: Therriault, Vezey Excused: Green, Martin, Mulder, Nicholia 1993-02-22 House Journal Page 0420 HB 146 And so, HB 146 passed the House on reconsideration. 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 146 was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Barnes - from 6:05 p.m., February 25 to 9:45 a.m., plane time, February 28, 1993 Representative Carney - from 6:05 p.m., March 12 to 8:45 p.m., plane time, March 14, 1993 Representative Green - from 6:05 p.m., March 4 to 8:45 p.m., plane time, March 7, 1993 Representative Phillips - from 6:05 p.m., March 5 to 8:45 p.m., plane time, March 7, 1993 Representative Williams - from 6:15 a.m., February 26 to 9:10 p.m., plane time, March 1, 1993; from 7:15 a.m., March 5 to 8:45 p.m., plane time, March 7, 1993 and from 1:20 p.m., April 1 to 9:27 p.m., plane time, April 5, 1993 Representative Brown - from 6:05 p.m., March 12 to 8:45 p.m., plane time, March 14, 1993 There being no objection, it was so ordered. HSCR 2 Representative Finkelstein added his name as cosponsor to: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 87. 1993-02-22 House Journal Page 0421 HCR 7 Representatives B.Davis and Sitton added their names as cosponsors to: HOUSE CONCURRENT RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects Awareness Week. HB 127 Representative Green added his name as cosponsor to: HOUSE BILL NO. 127 "An Act setting presumptive terms of imprisonment for certain defendants convicted of certain crimes who possessed a firearm during the commission of the crime; setting a mandatory term of imprisonment for a defendant convicted of assault in the fourth degree who possessed a firearm during the commission of the offense." HB 162 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 162 "An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and establishing sentencing procedures for capital felonies; authorizing an advisory vote on instituting capital punishment; amending Alaska Rules of Criminal Procedure 32, 32.1, and 32.3 and Alaska Rules of Appellate Procedure 204, 209, 210, and 212; and providing for an effective date." ENGROSSMENT HB 45 CSHB 45(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 146 HB 146 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-02-22 House Journal Page 0422 ANNOUNCEMENTS House committee schedules are published daily under separate cover. House Special Committee on Oil and Gas CANCELLED 5:00 p.m., 2/22 Fish Caucus Capitol 124 1:00 p.m., 2/24 The Speaker cited Section 469 of Mason's Manual and reminded the body that when a member brings up reconsideration of their vote, unless it is on the same day notice of reconsideration is given, the item is automatically before the body. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 24, 1993. There being no objection the House adjourned at 11:57 a.m. J.C. Shine Chief Clerk