Legislature(1993 - 1994)
1993-02-25 House Journal
Full Journal pdf1993-02-25 House Journal Page 0449 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Thursday February 25, 1993 Forty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:06 a.m. Roll call showed 32 members present. Representative Martin had been previously excused from a call of the House today. Representatives Brown, Davidson, Finkelstein, Foster, Larson, MacLean and Navarre were absent. The invocation was offered by the Chaplain, Kayla Epstein of the Juneau Jewish Community. Representative Phillips moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O God, You have called us into life, and set us in the midst of purposes we cannot measure or understand. Yet we thank You for the good we know, for the life we have, and for the gifts that are our daily portion. For health and healing, for labor and repose, for the ever- renewed beauty of earth and sky, for thoughts of truth and justice which stir us from our ease and move us to acts of goodness, and for the contemplation of Your eternal presence, which fills us with hope that what is good and lovely cannot perish. Amen." The Pledge of Allegiance was led by Representative Mackie. 1 1993-02-25 House Journal Page 0450 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 45th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 24, 1993, was read stating the Senate accepts the invitation to meet in Joint Session in the House on March 2 at 11:00 a.m. to hear the State of the Judiciary address by the Honorable Daniel A. Moore, Jr., Chief Justice of the Supreme Court. HCR 6 A message dated February 24, 1993, was read stating the Senate has passed HCR 6 with the following amendment: Page 2, line 3, after "designates": Insert "the month of" Page 2, lines 3 and 4, after "May": Delete "1993 and May 1994" And so, the following is transmitted for consideration: HOUSE CONCURRENT RESOLUTION NO. 6 am S Relating to Armed Forces History Month. HCR 6 is under Unfinished Business. ****The presence of Representative Foster was noted. REPORTS OF STANDING COMMITTEES HJR 11 The Finance 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. 1993-02-25 House Journal Page 0451 HJR 11 The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Larson, Grussendorf, Navarre, Brown, Therriault, Foster No recommendation (3): Hanley, Parnell, Hoffman The following fiscal note applies to HJR 11: Fiscal note, Office of the Governor, 2/1/93 HJR 11 was referred to the Rules Committee for placement on the calendar. ****The presence of Representatives Brown and Navarre was noted. HJR 25 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 25 Relating to implementation of the Aleutian Trade Act of 1990. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, B.Davis, Ulmer, Kott, Sanders, G.Davis, Olberg The following fiscal note applies to HJR 25: Zero fiscal note, State Affairs Committee/Legislative Affairs Agency, 2/25/93 HJR 25 is on today's calendar. HB 116 The Resources Committee has considered: 1993-02-25 House Journal Page 0452 HB 116 HOUSE BILL NO. 116 "An Act directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production when royalty is payable to the state under applicable federal law; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 116(RES) "An Act directing the commissioner of natural resources to accept, under certain circumstances, the contract price agreed to between a lessee of federal land and a gas or electric utility as the value of the federal government's royalty share from natural gas production on federal land from which the state is entitled under applicable federal law to receive a share of the royalty on gas production; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (4): Finkelstein, Carney, Green, Bunde Do not pass (1): Davies No recommendation (3): Hudson, James, Williams The following fiscal note applies to CSHB 116(RES): Zero fiscal note, Dept. of Natural Resources, 2/25/93 HB 116 was referred to the Finance Committee. HB 133 The Resources Committee 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." 1993-02-25 House Journal Page 0453 HB 133 The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Hudson, Carney, James, Finkelstein, Davies, Bunde, Williams No recommendation (1): Green The following fiscal note applies to HB 133: Revenue fiscal note, Dept. of Revenue, 2/17/93 HB 133 was referred to the Finance Committee. ****The presence of Representative Finkelstein was noted. REPORTS OF SPECIAL COMMITTEES HB 115 The House Special Committee on International Trade & Tourism has considered: HOUSE BILL NO. 115 "An Act extending the termination date of the Alaska Tourism Marketing Council; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 115(ITT) "An Act deleting a requirement that certain members of the board of directors of the Alaska Tourism Marketing Council be substantially involved in a visitor or recreation industry business; relating to the selection of a presiding officer for the Alaska Tourism Marketing Council; extending the termination date of the Alaska Tourism Marketing Council; and providing for an effective date." The report was signed by Representative James, Chair, with the following individual recommendations: 1993-02-25 House Journal Page 0454 HB 115 Do pass (6): Green, Sanders, Nordlund, Menard, Toohey, James The following fiscal note applies to CSHB 115(ITT): Zero fiscal note, Dept. of Commerce & Economic Development, 2/25/93 HB 115 was referred to the Labor & Commerce Committee. ****The presence of Representative Larson was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - James E. Fisher, Rural Pro Bono Publico Attorney of 1992 By Representative Navarre; Senator Salo Honoring - Richard Ross, Chief of Police, City of Kenai By Representative Navarre; Senator Salo Celebrating - The Accomplishments of the Nikiski Girls Basketball Team By Representative Navarre; Senator Salo Honoring - Kivalina Qavviks Girls Basketball Team By Senator Adams; Representative MacLean Honoring - Carol Feller Brady By Senator Taylor; Representative Grussendorf In Memoriam - James B. Carrithers By Representatives Hudson, Ulmer; Senator Duncan In Memoriam - Grace E. Swanberg Edman By Representative Foster; Senator Adams 1993-02-25 House Journal Page 0455 In Memoriam - David "M-O" Olson By Representative Foster; Senator Adams In Memoriam - Clarence Ongtowasruk By Representatives Foster, MacLean; Senator Adams In Memoriam - Brigadier General Robert W. Steele By Representative Foster; Senator Adams In Memoriam - Rune C. Appelo By Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 86 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 86 by Representatives Bunde and Green, entitled: "An Act relating to sanctions for property-related offenses, to remedies for property-related offenses committed by juveniles, and to certain records of those offenses." was read the first time and referred to the Judiciary and Finance Committees. HB 180 HOUSE BILL NO. 180 by Representative MacLean, entitled: "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation." was read the first time and referred to the Community & Regional Affairs and Labor & Commerce Committees. HB 181 HOUSE BILL NO. 181 by the House Judiciary Committee, entitled: "An Act relating to the state's right to appeal in criminal cases; relating to sentence appeals; amending Rule 202 of the Alaska Rules of Appellate Procedure; and providing for an effective date." 1993-02-25 House Journal Page 0456 HB 181 was read the first time and referred to the Judiciary and Finance Committees. HB 182 HOUSE BILL NO. 182 by Representative James, entitled: "An Act making a special appropriation to the Department of Transportation and Public Facilities, northern region, for identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula; and providing for an effective date." was read the first time and referred to the Transportation, Resources and Finance Committees. HB 183 HOUSE BILL NO. 183 by Representative James, entitled: "An Act directing the identification and delineation of a transportation and utility corridor between Fairbanks and the Seward Peninsula for road, rail, pipeline, and electrical transmission purposes; and providing for an effective date." was read the first time and referred to the Transportation, Resources and Finance Committees. HB 184 HOUSE BILL NO. 184 by Representatives James, Therriault and Olberg, entitled: "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right-of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." was read the first time and referred to the Transportation and Finance Committees. 1993-02-25 House Journal Page 0457 HB 185 HOUSE BILL NO. 185 by Representatives Green, Barnes, Sanders, James and Olberg, entitled: "An Act establishing credits for purchasers of state royalty oil for expenditures made by those purchasers on qualifying capital investments to be applied against liquidated purchase arrearages established in contracts, settlements, or final judgments; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. UNFINISHED BUSINESS The motion to confirm the appointment of Representative Mackie to the Select Committee on Legislative Ethics, which had been held until today as the first order of business (page 444), was before the House. The question being: "Shall the House confirm the appointment of Representative Mackie to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Representative Mackie YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Martin Absent: Davidson, MacLean And so, the appointment of Representative Mackie was confirmed. 1993-02-25 House Journal Page 0458 Representative Phillips gave notice of reconsideration of her vote on the confirmation of Representative Mackie. Representative Phillips moved and asked unanimous consent that the confirmation of Representative Mackie be brought up at this time. Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. The question to be reconsidered: "Shall the House confirm the appointment of Representative Mackie to the Select Committee on Legislative Ethics?" The roll was taken with the following result: Select Committee on Legislative Ethics Confirm Representative Mackie Reconsideration YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Martin Absent: Davidson, MacLean And so, the appointment of Representative Mackie was confirmed on reconsideration. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 25 The following was read the second time: HOUSE JOINT RESOLUTION NO. 25 Relating to implementation of the Aleutian Trade Act of 1990. 1993-02-25 House Journal Page 0459 HJR 25 with the: Journal Page TRA REFERRAL WAIVED 441 STA RPT 7DP 451 -ZERO FISCAL NOTE (STA/LAA) 451 Representative Phillips moved and asked unanimous consent that HJR 25 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 25 was read the third time. The question being: "Shall HJR 25 pass the House?" The roll was taken with the following result: HJR 25 Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Navarre Excused: Martin Absent: Davidson, MacLean And so, HJR 25 passed the House. Representative Phillips gave notice of reconsideration of her vote on HJR 25. 1993-02-25 House Journal Page 0460 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 - Dimond High School Rifle Team By Representatives Green, Barnes, G.Davis, Foster, Hanley, Mackie, Menard, Navarre, Nordlund, Parnell, Toohey, Willis Honoring - Lt. Chris Kobi, Lt. Todd Schmidt, AT3 Dave Ostlund and AT3 Henry Pyle, Distinguished Bravery Commendation By Representatives Hudson, Ulmer, Barnes, Foster, G.Davis, Hanley, Mackie, MacLean, Mulder, Menard, Navarre, Phillips, Vezey, Williams, Willis; Senator Duncan Honoring - Chuck Lamica, Steve Lewis, Cinda Stanek, Dave Carlile and Bow Austin, Distinguished Bravery Commendation Representatives Hudson, Ulmer, Barnes, G.Davis, Foster, Hanley, Mackie, Menard, Navarre, Phillips, Toohey, Vezey, Williams, Willis; Senator Duncan Honoring - Evolyn Melville By Representatives James, Barnes, Mackie, Menard, Therriault, Vezey; Senator Miller Honoring - Toksook Bay Student Authors By Representatives Hoffman, Foster, Nicholia, Barnes, G.Davis, Mackie, MacLean, Menard, Navarre, Parnell, Willis; Senators Adams, Jacko, Lincoln Honoring - Seward Boys Basketball Team, 1993 Region IIIA Champions By Senator Little; Representatives G.Davis, Barnes, Green, Hanley, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Phillips, Willis In Memoriam - Peter J. Curran, Jr. By Representatives Foster, Barnes, Hoffman, Mackie, MacLean, Menard, Nicholia, Phillips, Vezey; Senator Adams 1993-02-25 House Journal Page 0461 In Memoriam - Manvil H. Olson By Representatives Menard, Carney, Larson, Hoffman, Mackie, Willis; Senator Kerttula In Memoriam - Robert David Herrnsteen By Senator Zharoff; Representatives Davidson, Foster, Hoffman, Mackie, Menard, Nicholia UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Foster - from 6:05 p.m., March 5 to 8:45 p.m., plane time, March 7, 1993 Representative Menard - from 7:45 a.m., March 4 to 8:45 p.m., March 5, 1993 and from 7:45 a.m., March 13 to 8:45 a.m., March 14, 1993 Representative Nicholia - from 6:05 p.m., February 26 to evening plane time, February 28, 1993 Representative Olberg - from 6:05 p.m., March 5 to 9:45 a.m., plane time, March 7, 1993 Representative Sanders - from 6:05 p.m., March 12 to 8:35 p.m., plane time, March 14, 1993 There being no objection, it was so ordered. #end ****The presence of Representative Davidson was noted. HJR 18 Representative Moses, Chair, moved and asked unanimous consent that the following be waived from the House Special Committee on Fisheries: HOUSE JOINT RESOLUTION NO. 18 Relating to establishment of a fishing community at Adak. 1993-02-25 House Journal Page 0462 HJR 18 Representative Mackie objected and withdrew the objection. There being no further objection, HJR 18 was waived from the House Special Committee on Fisheries. HJR 18 is currently in the House Special Committee on Military & Veterans' Affairs with a further referral to the State Affairs Committee. ****The presence of Representative MacLean was noted. RECONSIDERATION HJR 25 Representative Phillips moved and asked unanimous consent that the reconsideration of HJR 25 (page 459) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE JOINT RESOLUTION NO. 25 Relating to implementation of the Aleutian Trade Act of 1990. The question to be reconsidered: "Shall HJR 25 pass the House?" The roll was taken with the following result: HJR 25--RECONSIDERATION 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 1993-02-25 House Journal Page 0463 HJR 25 And so, HJR 25 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. The House recessed at 10:46 a.m. to allow members of the Senate to enter the House Chamber. 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 11:13 a.m. The purpose of the joint session was to hear an address by the Honorable Frank Murkowski, 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. President Halford appointed Representative MacLean and Senator Pearce to escort the Senator to the joint session. The Senate Sergeant-at-Arms announced the Senator's entrance into the House Chamber. Senator Murkowski was escorted to the rostrum and welcomed by President Halford. Senator Murkowski's address appears in Senate & House Joint Journal Supplement No. 7. A question and answer period followed the conclusion of the Senator's speech. Senator Murkowski received a standing ovation and was escorted from the Chamber by Representative MacLean and Senator Pearce. 1993-02-25 House Journal Page 0464 Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Halford adjourned the joint session at 11:57 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:59 a.m. UNFINISHED BUSINESS HSCR 2 Representative Nordlund added his name as cosponsor to: HOUSE SPECIAL CONCURRENT RESOLUTION NO. 2 Disapproving Executive Order No. 87. HB 165 Representative Nordlund 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 176 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 176 "An Act establishing Mt. Eyak State Park." ENGROSSMENT HJR 25 HJR 25 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-02-25 House Journal Page 0465 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Anchorage Caucus 12:00 noon, 2/25 Judiciary Committee Capitol 120 4:00 pm, 2/25 Special Committee on International Trade & Tourism CANCELLED 5:00 pm, 2/25 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 1, 1993. There being no objection, the House adjourned at 12:13 p.m. J.C. Shine Chief Clerk