Legislature(1993 - 1994)
1993-03-10 House Journal
Full Journal pdf1993-03-10 House Journal Page 0579 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 10, 1993 Fifty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:06 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Paster Kermit Wilson of the First Church of God. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "'Praise the Lord, all you nations; extol him, all you peoples. For great is his love toward us, and the faithfulness of the Lord endures forever. Praise the Lord.' (Psalm 117) Lord, thank You for the love You give to us daily. It comes to us in many ways, from spouses and children, from friends, relatives and colleagues. Thank You for these gifts. May You watch over our family and friends and keep them safe from harm. May Your presence abide with us today and forever. We seek Your divine presence as we conduct business today. May we be respectful and give one another the right to personal opinions. Help us to represent the needs of the people in our districts. May our diversity bring greater wisdom and our unity strength. Tough decisions need to be 1 1993-03-10 House Journal Page 0580 made for the continued prosperity of life in Alaska. Grant to our Legislators great insight as laws are passed. May these decisions secure the future for our children and their children and many generations to come. In Jesus' name, Amen." The Pledge of Allegiance was led by Representative MacLean. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 57th and 58th legislative days and House Journal Supplement No. 5 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 94 A message dated March 8, 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. 94(FIN) am S "An Act making a supplemental appropriation for costs of elections operations; and providing for an effective date." Chapter No. 2, SLA 1993 Effective Date: March 9, 1993 MESSAGES FROM THE SENATE HB 94 A corrected message dated March 5, 1993 (original message page 556), was received stating the Senate has passed CSHB 94(FIN) with the following amendment: 1993-03-10 House Journal Page 0581 HB 94 CS FOR HOUSE BILL NO. 94(FIN) am S "An Act making a supplemental appropriation for costs of elections operations; and providing for an effective date." Section 1, page 1, line 4 delete "$312,263" insert "$284,663" The reduction is to be allocated as follows: ($11,000): the cost of two temp employees from February 15 - April 30 (not included in the earlier $391,500 submission) ($ 5,600): overtime due Romayne Kareen ($ 2,700): travel for the Director and Admin. Officer ($ 8,300): REAA/CRSA printing and binding The Senate adopted a Senate Finance Committee Letter of Intent (page 622 of the Senate Journal). The House concurred in the Senate amendment (page 557) and CSHB 94(FIN)amS was transmitted to the Governor (page 575) and signed into law (page 580). A message dated March 8, 1993, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 27 SENATE JOINT RESOLUTION NO. 27 by Senators Jacko, Halford, Taylor, Miller, Zharoff, Duncan, Pearce and Leman: Relating to United States Coast Guard commercial fishing vessel safety regulations. was read the first time and referred to the Labor & Commerce Committee. 1993-03-10 House Journal Page 0582 FIRST READING AND REFERENCE OF SENATE BILLS SB 53 CS FOR SENATE BILL NO. 53(FIN) am(efd fld) by the Senate Finance Committee, entitled: "An Act relating to payment for abortions under Medicaid and general relief medical assistance; annulling changes made by certain regulations adopted by the Department of Health and Social Services relating to funding of abortion services under the general relief medical program." was read the first time and referred to the Labor & Commerce, Health, Education & Social Services, Judiciary and Finance Committees. SB 64 CS FOR SENATE BILL NO. 64(JUD)(efd fld) by the Senate Finance Committee, entitled: "An Act relating to civil liability for workplace safety inspections." was read the first time and referred to the Labor & Commerce and Judiciary Committees. SB 90 SENATE BILL NO. 90 by Senator Leman, entitled: "An Act clarifying powers and duties of state officials in relation to a disaster emergency caused by a catastrophic oil discharge or the release of a hazardous substance." was read the first time and referred to the State Affairs and Resources Committees. COMMUNICATIONS A letter dated March 8, 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: 1993-03-10 House Journal Page 0583 Select Committee on Legislative Ethics J. Alan Patterson Kay Klose Resumes for the appointment are on file in the Chief Clerk's office. REPORTS OF STANDING COMMITTEES The State Affairs Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Carolyn Michels Sylvia J. Reynolds Gary R. Wilken as members of the Athletic Commission. Augusta Sayoko Mimoto-Greenheart Robyn F. States as members of the Human Rights Commission. The reports were signed by Representative Vezey, Chair; Representative Kott, Vice-chair; and Representatives G.Davis, Olberg, Ulmer, B.Davis and Sanders. The reports stated that this does not reflect an intent by any of the members to vote for or against this individual during any further sessions for the purposes of confirmation. HCR 7 The Health, Education & Social Services Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects Awareness Week. The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: 1993-03-10 House Journal Page 0584 HCR 7 Do pass (9): Kott, Vezey, G.Davis, Bunde, Toohey, B.Davis, Nicholia, Brice, Olberg The following fiscal note applies to HCR 7: Zero fiscal note, House Health, Education & Social Services Committee, 3/10/93 HCR 7 was referred to the Rules Committee for placement on the calendar. HJR 18 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 18 Relating to establishment of a fishing community at Adak. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott The following fiscal note applies to HJR 18: Zero fiscal note, Dept. of Military & Veterans' Affairs, 3/1/93 HJR 18 was referred to the Rules Committee for placement on the calendar. HJR 28 The Transportation Committee has considered: HOUSE JOINT RESOLUTION NO. 28 Supporting increased access near Mt. McKinley through establishment of a visitor activity area at Kantishna. The report was signed by Representative Foster, Chair, with the following individual recommendations: Do pass (6): Foster, Mackie, Vezey, Mulder, Hudson, G.Davis 1993-03-10 House Journal Page 0585 HJR 28 The following fiscal note applies to HJR 28: Zero fiscal note, Dept. of Natural Resources, 3/10/93 HJR 28 was referred to the Rules Committee for placement on the calendar. HJR 33 The Labor & Commerce Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 33 Relating to United States Coast Guard commercial fishing vessel safety regulations. The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (7): Porter, Sitton, Williams, Mackie, Green, Hudson, Mulder The following fiscal note applies to SSHJR 33: Zero fiscal note, House Labor & Commerce Committee, 3/10/93 SSHJR 33 was referred to the Rules Committee for placement on the calendar. HB 3 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 3 "An Act relating to public home care providers; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (7): Bunde, G.Davis, Toohey, Olberg, B.Davis, Nicholia, Brice No recommendation (2): Kott, Vezey 1993-03-10 House Journal Page 0586 HB 3 The following fiscal notes apply to HB 3: Fiscal notes (2), Dept. of Health & Social Services, 3/10/93 Zero fiscal note, Dept. of Administration, 3/10/93 HB 3 was referred to the Judiciary Committee. HB 4 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 4 "An Act adding as an aggravating factor at sentencing that a victim was elderly or disabled; and relating to failure to report harm or assaults of the elderly or disabled." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): Toohey, B.Davis, Nicholia, Brice Do not pass (1): Vezey No recommendation (3): Kott, G.Davis, Bunde The following fiscal notes apply to HB 4: Fiscal note, Dept. of Commerce & Economic Development, 3/10/93 Fiscal note, Dept. of Corrections, 3/10/93 Zero fiscal note, Dept. of Health & Social Services, 3/10/93 Zero fiscal notes (2), Dept. of Administration, 3/10/93 HB 4 was referred to the Judiciary Committee. HB 133 The Finance 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." 1993-03-10 House Journal Page 0587 HB 133 The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (8): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Therriault, Foster No recommendation (2): Hoffman, Brown The following fiscal note applies to HB 133: Revenue fiscal note, Dept. of Revenue, 2/17/93 HB 133 was referred to the Rules Committee for placement on the calendar. HB 143 The Community & Regional Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 143 "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." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 143 (CRA) (same title) The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (6): Bunde, Davies, Willis, Williams, Toohey, Olberg The following fiscal note applies to CS SSHB 143(CRA): Fiscal note, Dept. of Revenue, 3/10/93 SSHB 143 was referred to the Transportation Committee. 1993-03-10 House Journal Page 0588 HB 168 The Labor & Commerce Committee has considered: HOUSE BILL NO. 168 "An Act relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Sitton, Hudson No recommendation (5): Porter, Williams, Mackie, Green, Mulder The following fiscal note applies to HB 168: Fiscal note, Dept. of Commerce & Economic Development, 3/10/93 HB 168 was referred to the Judiciary Committee. HB 181 The Judiciary Committee has considered: HOUSE BILL NO. 181 "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." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Porter, Nordlund, Phillips, Kott, Green, James No recommendation (1): Davidson The following fiscal notes apply to HB 181: Zero fiscal note, Dept. of Law, 3/10/93 Zero fiscal notes (2), Dept. of Administration, 3/10/93 HB 181 was referred to the Finance Committee. 1993-03-10 House Journal Page 0589 SB 47 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Ulmer, B.Davis, Olberg, Kott No recommendation (2): G.Davis, Sanders The following fiscal note applies to SSSB 47: Senate fiscal note, Dept. of Public Safety, 1/27/93 SSSB 47 was referred to the Transportation Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 14 HOUSE CONCURRENT RESOLUTION NO. 14 by Representative Willis: Creating the Commission for Long-Range Financial Planning. was read the first time and referred to the State Affairs, Judiciary and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 37 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 37 by Representatives Davies, Therriault and Brice, entitled: "An Act relating to open meetings of governmental bodies." was read the first time and referred to the State Affairs and Judiciary Committees. 1993-03-10 House Journal Page 0590 HB 209 HOUSE BILL NO. 209 by the House Health, Education & Social Services Committee, entitled: "An Act relating to community health aide grants." was read the first time and referred to the Community & Regional Affairs, State Affairs, Health, Education & Social Services and Finance Committees. HB 210 HOUSE BILL NO. 210 by Representative Martin, entitled: "An Act relating to employment of chief school administrators." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 211 HOUSE BILL NO. 211 by Representative Toohey, entitled: "An Act relating to the municipal tax exemption for inventories intended for export." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. HB 212 HOUSE BILL NO. 212 by Representative MacLean, entitled: "An Act relating to a factor in aggravation of the presumptive term of a criminal sentence, and prohibiting the referral of a sentence based on application of that factor to a three-judge sentencing panel as an extraordinary circumstance." was read the first time and referred to the Judiciary and Finance Committees. HB 213 HOUSE BILL NO. 213 by Representatives Kott, Phillips, Green, Brice, Mulder and Toohey, entitled: 1993-03-10 House Journal Page 0591 HB 213 "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 acres except in certain situations; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 214 HOUSE BILL NO. 214 the House Rules Committee by request of the Legislative Council, entitled: "An Act allowing the parent or legal guardian of a minor to disclose certain records and information about the minor to certain state officials and state employees; prohibiting further disclosure of the records and information to unauthorized persons; and providing for an effective date." was read the first time and referred to the Judiciary Committee. HB 215 HOUSE BILL NO. 215 by Representative Bunde, entitled: "An Act relating to a retirement incentive program for the teachers' retirement system; and providing for an effective date." was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. HB 216 HOUSE BILL NO. 216 by the House Finance Committee, entitled: "An Act relating to power cost equalization; and providing for an effective date." was read the first time and referred to the Finance Committee. 1993-03-10 House Journal Page 0592 HB 217 HOUSE BILL NO. 217 by Representative MacLean, entitled: "An Act relating to Native corporation dividends and other distributions due to minors in state custody." was read the first time and referred to the Health, Education & Social Services and Judiciary Committees. HB 218 HOUSE BILL NO. 218 by Representative Moses, entitled: "An Act repealing the restriction on the maximum length of salmon seine vessels; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE RESOLUTIONS HJR 11 The following was read the second time: HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. with the: Journal Page STA RPT 5DP 1NR 196 -FISCAL NOTE (GOV) 2/1/93 196 JUD RPT 4DP 1DNP 1NR 357 -PREVIOUS FN (GOV) 2/1/93 357 FIN RPT 7DP 3NR 450 -PREVIOUS FN (GOV) 2/1/93 451 Representative Phillips moved and asked unanimous consent that HJR 11 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1993-03-10 House Journal Page 0593 HJR 11 HJR 11 was read the third time. The question being: "Shall HJR 11 pass the House?" The roll was taken with the following result: HJR 11 Third Reading Final Passage YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, 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 Nays: Davidson, Davies, Finkelstein, Hoffman And so, HJR 11 passed the House. Representative Hoffman gave notice of reconsideration of his vote on HJR 11. 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 - Developmental Disabilities Awareness Month By Representatives Hoffman, Nicholia, Brice, Brown, Davidson, Davies, B.Davis, G.Davis, Green, Grussendorf, Hanley, Larson, MacLean, Menard, Navarre, Nordlund, Phillips, Toohey, Ulmer, Willis; Senator Lincoln Honoring - East Anchorage High School Thunderbirds 4A Boys State Basketball Champions, 1993 By Representatives Martin, B.Davis, Barnes, G.Davis, Green, Hanley, Larson, Mackie, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Toohey, Willis; Senators Leman, Ellis 1993-03-10 House Journal Page 0594 In Memoriam - John W. Wallace, Jr. By Representatives Hoffman, Foster, Mackie, MacLean, Menard, Nicholia In Memoriam - Edna Mothershead By Senator Kerttula; Representatives Carney, B.Davis, Foster, Larson, MacLean, Menard, Nicholia, Toohey, 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 Brice - from 7:45 a.m., March 24 to 8:45 p.m., March 29, 1993 Representative Finkelstein - from 6:00 p.m., March 12 to 7:00 p.m., March 16, 1993 Representative Mackie - from 6:00 a.m., March 23 to 6:00 p.m., March 24, 1993 Representative Mulder - from 6:05 p.m., March 25 to 9:45 a.m., March 29, 1993 Representative Navarre - from 7:45 a.m., March 12 to noon, March 14, 1993 There being no objection, it was so ordered. SJR 27 Representative Hudson, Chair, moved and asked unanimous consent that the following be waived from the Labor & Commerce Committee: SENATE JOINT RESOLUTION NO. 27 Relating to United States Coast Guard commercial fishing vessel safety regulations. Representative Mackie objected. 1993-03-10 House Journal Page 0595 SJR 27 Representative Hudson moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. SJR 27 is in the Labor & Commerce Committee. Representative Larson, Co-chair, moved and asked unanimous consent that the hearing on the following appointment be waived from the Finance Committee: Commissioner of the Department of Natural Resources Glenn A. Olds The appointee was considered by the Resources Committee (page 249) and the House Special Committee on Oil and Gas (page 251). There being no objection, the hearing was waived. HCR 7 Representative Toohey added her name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects Awareness Week. HJR 11 Representatives B.Davis, Navarre, Menard, Barnes and Mulder added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. HJR 33 Representative Phillips added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE JOINT RESOLUTION NO. 33 Relating to United States Coast Guard commercial fishing vessel safety regulations. 1993-03-10 House Journal Page 0596 HB 98 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 98 "An Act naming the Black Veterans Recognition Bridge on the Alaska Highway over the Gerstle River." HB 191 Representative Phillips added her name as cosponsor to: HOUSE BILL NO. 191 "An Act relating to cost recovery by contractors who operate state-owned hatcheries." HB 213 Representatives Brice, Mulder and Toohey added their names as cosponsors to: HOUSE BILL NO. 213 "An Act prohibiting the commissioner of natural resources from classifying state land, water, or land and water so that mining, mineral entry and location, mineral prospecting, and mineral leasing are precluded or are designated an incompatible use without an act of the legislature if the area involved contains more than 640 acres except in certain situations; and providing for an effective date." SJR 27 Representatives Olberg, Sanders, Sitton, Mackie, Moses, Hanley and Ulmer added their names as cross sponsors to: SENATE JOINT RESOLUTION NO. 27 Relating to United States Coast Guard commercial fishing vessel safety regulations. SB 47 Representative Phillips added her name as cross sponsor to: SPONSOR SUBSTITUTE FOR SENATE BILL NO. 47 "An Act relating to equipment, registration, and identification of custom collector vehicles; and providing for an effective date." 1993-03-10 House Journal Page 0597 ENGROSSMENT SB 30 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: SENATE BILL NO. 30 "An Act extending the termination date of the Alaska Minerals Commission." ENROLLMENT HCR 5 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 5:20 p.m., March 9, 1993: HOUSE CONCURRENT RESOLUTION NO. 5 Relating to the twenty-fifth annual Girls' State. HJR 25 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 5:20 p.m., March 9, 1993: HOUSE JOINT RESOLUTION NO. 25 Relating to implementation of the Aleutian Trade Act of 1990. 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. Interior Delegation Caucus Capitol 211 noon, 3/10 1993-03-10 House Journal Page 0598 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 12, 1993. There being no objection, the House adjourned at 11:14 a.m. J.C. Shine Chief Clerk