Legislature(1993 - 1994)
1993-02-24 House Journal
Full Journal pdf1993-02-24 House Journal Page 0427 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday February 24, 1993 Forty-fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:08 a.m. Roll call showed 39 members present. Representative Martin had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Kayla Epstein of the Juneau Jewish Community. Representative Brice moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Looking inward, I see that all too often I fail to use time and talent to improve myself and to serve others. And yet there is in me much goodness, and a yearning to use my gifts for the well-being of those around me. This moment of inner peace calls me to renew my vision, to fulfill the best that is within me. For this I look to God for help. Give meaning to my life and substance to my hopes; help me understand those about me and fill me with the desire to serve them. Let me not forget that I depend on others as they depend on me; quicken my heart and hand to lift them up; make fruitful my words of prayer, that they may fulfill themselves in deeds." The Pledge of Allegiance was led by Representative Mackie. 1 1993-02-24 House Journal Page 0428 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 43rd and 44th legislative days and House Journal Supplement No. 4 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 22, 1993, was read stating the Senate accepts the invitation to meet in Joint Session in the House on February 25 at 11:00 a.m. to hear an address by the Honorable Frank Murkowski, U.S. Senator. FIRST READING AND REFERENCE OF SENATE RESOLUTIONS A message dated February 22, 1993, was read stating the Senate has passed the following, and it is transmitted for consideration: SJR 20 SENATE JOINT RESOLUTION NO. 20 by the Senate Community & Regional Affairs Committee: Disapproving the Local Boundary Commission recommendation regarding the annexation of territory to the City of Palmer. was read the first time and referred to the State Affairs and Community & Regional Affairs Committees. COMMUNICATIONS A letter dated February 23, 1993, was read stating that S. Kay Dubois withdrew her candidacy for the Select Committee on Legislative Ethics (page 407), and Daniel A Moore, Jr., Chief Justice of the Supreme Court of Alaska, submits the following name for legislative confirmation of appointment to the position noted and the Speaker referred the following to the Judiciary Committee: 1993-02-24 House Journal Page 0429 Select Committee on Legislative Ethics Annie Laurie Howard - Anchorage A resume for the appointment is on file in the Chief Clerk's office. The following report is on file in the Chief Clerk's office: Department of Commerce & Economic Development Division of Banking, Securities and Corporations Annual Report for FY 92 REPORTS OF STANDING COMMITTEES HSCR 2 The Finance Committee has considered: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 87. The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Hoffman, Brown No recommendation (7): Larson, Hanley, Parnell, Grussendorf, Therriault, Navarre, Foster The following fiscal notes apply to HSCR 2: Zero fiscal notes (2), Dept. of Administration, 2/24/93 Zero fiscal note, Dept. of Transportation & Public Facilities, 2/24/93 HSCR 2 was referred to the Rules Committee for placement on the calendar. HJR 15 The Judiciary Committee has considered: 1993-02-24 House Journal Page 0430 HJR 15 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 Porter, Chair, with the following individual recommendations: Do pass (2): Phillips, Kott No recommendation (3): Porter, Nordlund, James The following fiscal notes apply 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 Finance Committee. HB 101 The Finance Committee has considered: HOUSE BILL NO. 101 "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (10): MacLean, Larson, Hanley, Parnell, Grussendorf, Hoffman, Therriault, Navarre, Brown, Foster The following fiscal note applies to HB 101: Zero fiscal note, Dept. of Labor, 2/15/93 HB 101 was referred to the Rules Committee for placement on the calendar. 1993-02-24 House Journal Page 0431 HB 120 The Judiciary Committee has considered: HOUSE BILL NO. 120 "An Act changing the date by which jury lists must be prepared; requiring the use of the list of the current year's permanent fund dividend applicants in preparing the jury list; and changing the date by which state departments must submit certain lists to the Alaska Court System." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Phillips, Nordlund, James, Kott No recommendation (1): Davidson The following fiscal note applies to HB 120: Zero fiscal note, Alaska Court System, 2/24/93 HB 120 was referred to the Rules Committee. HB 151 The Judiciary Committee has considered: HOUSE BILL NO. 151 "An Act relating to payment by indigent persons for legal services and related costs; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, James, Kott Do not pass (2): Nordlund, Davidson The following fiscal note applies to HB 151: Zero fiscal note, Alaska Court System, 2/24/93 HB 151 was referred to the Finance Committee. 1993-02-24 House Journal Page 0432 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Dimond High School Rifle Team By Representative Green Honoring - Lt. Chris Kobi, Lt. Todd Schmidt, AT3 Dave Ostlund and AT3 Henry Pyle, Distinguished Bravery Commendation By Representatives Hudson, Ulmer; Senator Duncan Honoring - Chuck Lamica, Steve Lewis, Cinda Stanek, Dave Carlile and Bow Austin, Distinguished Bravery Commendation By Representatives Hudson, Ulmer; Senator Duncan Honoring - Evolyn Melville By Representative James; Senator Miller Honoring - Toksook Bay Student Authors By Representatives Hoffman, Foster, Nicholia; Senator Adams, Jacko, Lincoln In Memoriam - Manvil H. Olson By Representatives Menard, Carney, Larson; Senator Kerttula In Memoriam - Peter J. Curran Jr. By Representative Foster, Senator Adams Honoring - Seward Boys Basketball Team, 1993 Region IIIA Champions By Senator Little; Representative G.Davis In Memoriam - Robert David Herrnsteen By Senator Zharoff; Representative Davidson The following citations were introduced and taken up as a Special Order of Business: Honoring - Sven Haakanson Sr. By Senator Zharoff; Representative Davidson 1993-02-24 House Journal Page 0433 Honoring - 1992 Eagle Scouts By Senator Halford INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 10 HOUSE CONCURRENT RESOLUTION NO. 10 by the House Transportation Committee by request: Relating to certification of the Alaska State Legislature's opposition to requiring suspension of a driver's license for drug offenses. was read the first time and referred to the State Affairs, Health, Education & Social Services and Judiciary Committees. HJR 31 HOUSE JOINT RESOLUTION NO. 31 by Representative Toohey: Disapproving the Local Boundary Commission recommendation regarding the annexation of the territory to the City of Cordova. was read the first time and referred to the State Affairs and Community & Regional Affairs Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 173 HOUSE BILL NO. 173 by Representative Larson, entitled: "An Act exempting certain charitable gaming activity from municipal sales and use taxes." was read the first time and referred to the Community & Regional Affairs, Judiciary and Finance Committees. 1993-02-24 House Journal Page 0434 HB 174 HOUSE BILL NO. 174 by Representative Martin, entitled: "An Act relating to organization of the public school system; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 175 HOUSE BILL NO. 175 by Representatives Davidson, Ulmer, Menard and Grussendorf, entitled: "An Act making an appropriation for a grant for construction of the Women In Military Service Memorial; and providing for an effective date." was read the first time and referred to the House Special Committee on Military & Veterans' Affairs, State Affairs and Finance Committees. HB 176 HOUSE BILL NO. 176 by Representative Olberg, entitled: "An Act establishing Mt. Eyak State Park." was read the first time and referred to the Resources and Finance Committees. HB 177 HOUSE BILL NO. 177 by Representative Ulmer, entitled: "An Act relating to disposition of income from the permanent fund; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 178 HOUSE BILL NO. 178 by the House Labor & Commerce Committee, entitled: 1993-02-24 House Journal Page 0435 HB 178 "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 179 HOUSE BILL NO. 179 by the House Labor & Commerce Committee, entitled: "An Act relating to motor vehicles and mobile homes: and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 73 The following was read the second time: 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." with the: Journal Page CRA RPT 5DP 2NR 174 -ZERO FISCAL NOTE (REV) 1/29/93 174 JUD RPT 6DP 287 -PREVIOUS ZERO FN(REV) 1/29/93 287 FIN REFERRAL WAIVED 370 1993-02-24 House Journal Page 0436 HB 73 Representative Phillips moved and asked unimous consent that HB 73 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 73 was read the third time. The question being: "Shall HB 73 pass the House?" The roll was taken with the following result: HB 73 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, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Martin And so, HB 73 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. HB 73 was referred to the Chief Clerk for engrossment. HB 90 The following was read the second time: 1993-02-24 House Journal Page 0437 HB 90 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." with the: Journal Page JUD RPT 7DP 210 -ZERO FISCAL NOTE (LAA) 2/3/93 210 FIN RPT 7DP 1NR 358 -PREVIOUS ZERO FN (LAA) 2/3/93 358 SECTIONAL ANALYSIS: H.SUPPLEMENT NO 4 407 Representative Phillips moved and asked unimous consent that HB 90 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 90 was read the third time. The question being: "Shall HB 90 pass the House?" The roll was taken with the following result: HB 90 Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Menard Excused: Martin And so, HB 90 passed the House. 1993-02-24 House Journal Page 0438 HB 90 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. HB 90 was referred to the Chief Clerk for engrossment. HB 114 The following was read the second time: HOUSE BILL NO. 114 "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures." with the: Journal Page HES RPT 9DP 289 -ZERO FISCAL NOTE (DCED) 2/10/93 290 L&C RPT 5DP 388 -PREVIOUS ZERO FN (DCED) 2/10/93 389 Amendment No. 1 was offered by Representative Toohey: Page 1, line 2, after "measures" (title amendment): Insert "; and providing for an effective date" Page 1, after line 8: Insert a new bill section to read: "* Sec. 2. This Act takes effect immediately under AS 01.10.070(c)." Representative Toohey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: 1993-02-24 House Journal Page 0439 HB 114 HOUSE BILL NO. 114(efd add) "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures; and providing for an effective date." Representative Phillips moved and asked unimous consent that HB 114(efd add) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 114(efd add) was read the third time. The question being: "Shall HB 114(efd add) pass the House?" The roll was taken with the following result: HB 114(efd add) 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, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Martin And so, HB 114(efd add) 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. HB 114(efd add) was referred to the Chief Clerk for engrossment. 1993-02-24 House Journal Page 0440 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 - Earthquake Preparedness Poster Contest Winners By Senator Rieger, Phillips; Representative Mulder, Barnes, Bunde, Davies, B.Davis, Menard, Navarre, Parnell, Toohey, Willis Honoring - The Motor Vessel Tustumena By Senator Jacko; Representatives Moses, Davidson, G.Davis, Foster, Hudson, Mackie, Menard, Phillips, Toohey, Ulmer, Willis In Memoriam - Matthew Iya By Representatives MacLean, Foster, Hoffman, Nicholia, Barnes, B.Davis, Mackie, Menard, Navarre, Phillips, Ulmer; Senators Adams, Lincoln In Memoriam - Rear Admiral Henry Louis Miller By Representatives Sitton, Davies, Brice, Foster, Green, Mackie, Menard, Navarre, Willis In Memoriam - Alan T. Campbell By Senators Kerttula, Halford; Representatives Menard, Carney, Larson, Foster, Toohey, Willis SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citations be taken up as a Special Order of Business at this time: Honoring - 1992 Eagle Scouts By Senator Halford; Representatives Bunde, Grussendorf, Hanley, Mackie, Mulder, Menard, Navarre, Nordlund, Parnell, Phillips, Willis, Vezey Honoring - Sven Haakanson Sr. By Senator Zharoff; Representatives Davidson, Hoffman, Mackie, MacLean, Menard, Sanders 1993-02-24 House Journal Page 0441 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citations. There being no objection, it was so ordered, and the citations were sent to enrolling. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Hoffman - from 10:00 a.m., February 26 to evening plane time, March 1, 1993 Representative Moses - from 6:05 p.m., February 27 to 9:45 a.m., plane time, March 2, 1993 Representative Green - from 10:00 a.m., March 4 to 8:45 p.m., March 7, 1993 Representative Foster - from 7:45 a.m., February 27 to 9:45 a.m., plane time, March 1, 1993 There being no objection, it was so ordered. HJR 25 The Speaker waived the Transportation Committee referral on the following at the request of Representative Foster, Chair: HOUSE JOINT RESOLUTION NO. 25 Relating to implementation of the Aleutian Trade Act of 1990. HJR 25 is currently in the State Affairs Committee. 1993-02-24 House Journal Page 0442 HB 78 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 78 "An Act relating to the testimony of children in certain criminal proceedings; and providing for an effective date." HB 78 was sent to the Rules Committee for placement on the calendar. HB 115 The Speaker added a State Affairs Committee referral to the following: HOUSE BILL NO. 115 "An Act extending the termination date of the Alaska Tourism Marketing Council; and providing for an effective date." HB 115 is currently in the House Special Committee on International Trade and Tourism, with further referrals to the Labor & Commerce, State Affairs and Finance Committees. Representative Ulmer moved that the House appoint Representative Davies as a member of the Select Committee on Legislative Ethics. The Speaker ruled the motion out of order, stating that the appointment was the prerogative of the Speaker. Representative Navarre moved that it be the Sense of the House to appoint Representative Davies as a member of the Select Committee on Legislative Ethics. Representative Phillips moved and asked unanimous consent that the motion be tabled. Objections were heard. The question being: "Shall the motion that it be the Sense of the House to appoint Representative Davies as a member of the Select Committee on Legislative Ethics be tabled?" The roll was taken with the following result: 1993-02-24 House Journal Page 0443 Select Committee on Legislative Ethics Sense of the House Appoint Representative Davies TABLE YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Martin And so, the motion was tabled. The Speaker appointed the following as a member of the Select Committee on Legislative Ethics: Representative Mackie ANNOUNCEMENTS Majority Caucus upon recess, 2/24 Minority Caucus upon recess, 2/24 Fish Caucus Capitol 124 12:00 noon, 2/24 The House recessed at 11:10 a.m. 1993-02-24 House Journal Page 0444 AFTER RECESS The House was called back to order at 1:16 p.m. A quorum call showed 35 members present. Representative Martin had been previously excused from a call of the House today. Representatives Brice, Davies, Finkelstein and Sitton were absent. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that, in accordance with AS 24.60.130, the House confirm the appointment of Representative Mackie to the Select Committee on Legislative Ethics. Representative Phillips placed a call of the House and lifted the call. Representative Navarre placed a call of the House and lifted the call. Representative Phillips moved that the motion to confirm the appointment of Representative Mackie to the Select Committee on Legislative Ethics be held until February 25, 1993 and be taken up as the first order of business. There being no objection, it was so ordered. HJR 28 Representative Davies added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. HB 26 Representative Olberg added his name as cosponsor to: HOUSE BILL NO. 26 "An Act relating to the control of outdoor advertising." HB 64 Representatives Nordlund and Parnell added their names as cosponsors to: 1993-02-24 House Journal Page 0445 HB 64 HOUSE BILL NO. 64 "An Act creating the crimes of stalking in the first and second degrees and providing penalties for their violation; providing a peace officer with the authority to arrest without a warrant a person the peace officer has reasonable cause to believe has committed stalking; relating to the release before trial of a person accused of stalking; and prohibiting the suspension of imposition of sentence of a person convicted of stalking." HB 114 Representatives Ulmer and Navarre added their names as cosponsors to: HOUSE BILL NO. 114 (efd add) "An Act allowing the Board of Nursing to authorize an advanced nurse practitioner to dispense medical, therapeutic, and corrective measures; and providing for an effective date." HB 162 Representative Kott 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." HB 165 Representative Carney added his name as cosponsor to: HOUSE BILL NO. 165 "An Act requiring annual adjustment of the instructional unit value in the foundation formula; and providing for an effective date." HB 172 Representative James added her name as cosponsor to: 1993-02-24 House Journal Page 0446 HB 172 HOUSE BILL NO. 172 "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." ENGROSSMENT HB 73 HB 73 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 90 HB 90 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 114 HB 114(efd add) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS Joint Session: Senator Murkowski's address House Chamber 11:00 a.m., 2/25 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., February 25, 1993. There being no objection the House adjourned at 1:55 p.m. J.C. Shine Chief Clerk