Legislature(1993 - 1994)
1993-03-19 House Journal
Full Journal pdf1993-03-19 House Journal Page 0699 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday March 19, 1993 Sixty-eighth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:13 a.m. Roll call showed 34 members present. Representatives Davidson, B.Davis, Mackie, MacLean and Nicholia had been previously excused from a call of the House today. Representative Davies was absent. The House stood in a moment of silence in memory of Representative Bill Boardman, former Speaker of the House. The invocation was offered by the Chaplain, Reverend Wilson Valentine of the St. Brendan's Episcopal Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "As you approach the conclusion of another week, may the one who shepherds our lives accept the times in which we were challenged to see things from another point of view, excuse our moments of tension and stress with each other, and understand any time during which we felt pride in our accomplishments, for we are human and mortal by our very being. Allow us then, to proceed on through this day to complete some of our tasks, to continue the on-going work, and anticipate beginning anew the challenges of tomorrow. Then at this day's end, guide us safely to our destinations, and give us rest and comfort. Amen." The Pledge of Allegiance was led by Representative G.Davis. 1 1993-03-19 House Journal Page 0700 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 66th legislative day, with the following correction, the 67th legislative day and House Journal Supplement No. 6 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. Page 676, following "Darrell F. Smith" Insert "as a member of the Alaska Labor Relations Agency." *** With a standing ovation, the legislature welcomed the following delegation from Mexico: Institutional Revolutionary Party (PRI) Harry Jackson, Chief, Department of Social Action, State of Veracruz Jose Alfredo Paredes, Chief of Analysis & Information, Ministry of Government Veronica Mejia, Advisor, Federal Coordination, State of Michoacan's 55th Legislature Francisco Javier Morales, Area Director, Secretariat of Social Development (SEDESOL) Franciso Javier Carmona, Political Analyst, Federal District Ministry of Government National Action Party (PAN) Maria del Carmen Segura, Representative, Federal District Assembly Fernando Antonio Lazano, Deputy Secretary General, PAN Executive Committee Sandra Lucia Segura, Chief Clerk, PAN Democratic Revolutionary Party (PRD) Angelica de la Pena, Co-founder of PRD 1993-03-19 House Journal Page 0701 MESSAGES FROM THE GOVERNOR HJR 21 A message dated March 18, 1993, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE JOINT RESOLUTION NO. 21(JUD) Honoring Thurgood Marshall, 1908 - 1993. Legislative Resolve No. 7 SJR 27 A message dated March 18, 1993, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: SENATE JOINT RESOLUTION NO. 27 Relating to United States Coast Guard commercial fishing vessel safety regulations. Legislative Resolve No. 6 MESSAGES FROM THE SENATE HB 90 A message dated March 18, 1993, was read stating the Senate has passed HB 90 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 90(JUD) "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." HB 90 is under Unfinished Business. 1993-03-19 House Journal Page 0702 A message dated March 18, 1993, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 105 COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 105 (JUD)am by the Senators Taylor and Duncan, entitled: CS FOR SENATE BILL NO. 105 (JUD) am "An Act relating to motor vehicle dealers and to agents for motor vehicle buyers; and providing for an effective date." was read the first time and referred to the Judiciary Committee. COMMUNICATIONS A letter dated March 17, 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 Dr. Jeff S. Anderson Joseph P. Donahue Resumes for the appointments are on file in the Chief Clerk's Office. The following reports are on file in the Chief Clerk's office: Legislative Budget and Audit Committee Division of Legislative Audit (as required by AS 24.20.311) 1993-03-19 House Journal Page 0703 Department of Commerce & Economic Development Alaska Tourism Marketing Council, January 25, 1993 Alaska Public Utilities Commission, January 26, 1993 REPORTS OF STANDING COMMITTEES HB 109 The Judiciary Committee has considered: HOUSE BILL NO. 109 "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 109(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Kott, Phillips, Green, Porter, James No recommendation (1): Nordlund The following fiscal notes apply to CSHB 109(JUD): Fiscal note, Dept. of Health & Social Services, 3/19/93 Zero fiscal note, Dept. of Law, 3/19/93 Zero fiscal note, Dept. of Corrections, 3/19/93 Zero fiscal note, Dept. of Public Safety, 3/19/93 Fiscal note, Dept. of Health & Social Services, 2/17/93 HB 109 was referred to the Finance Committee. HB 122 The Health, Education & Social Services Committee has considered: 1993-03-19 House Journal Page 0704 HB 122 HOUSE BILL NO. 122 "An Act eliminating a requirement that a court consider the findings and recommendations of a neutral mediator when awarding shared child custody." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (8): Vezey, G.Davis, Bunde, Olberg, Toohey, B.Davis, Nicholia, Brice No recommendation (1): Kott The following fiscal note applies to HB 122: Zero fiscal note, Alaska Court System, 3/19/93 HB 122 was referred to the Judiciary Committee. HB 128 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 "An Act relating to early acknowledgement of paternity for the child of an unmarried mother." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (6): G.Davis, Bunde, B.Davis, Nicholia, Toohey, Brice Do not pass (2): Kott, Vezey No recommendation (1): Olberg 1993-03-19 House Journal Page 0705 HB 128 The following fiscal note applies to CSSSHB 128(HES): Fiscal note, Dept. of Health & Social Services, 3/19/93 SSHB 128 was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HB 175 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 175 "An Act making an appropriation for a grant for construction of the Women In Military Service Memorial; and providing for an effective date." The report was signed by Representatives Mulder and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Willis, Mulder, Foster, Kott HB 175 was referred to the State Affairs Committee. HB 196 The House Special Committee on Military & Veterans' Affairs has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 196 "An Act relating to the state employment preference for veterans and prisoners of war." The report was signed by Representatives Mulder and Foster, Co- chairs, with the following individual recommendations: Do pass (4): Foster, Willis, Kott, Mulder The following fiscal notes apply to SSHB 196: 1993-03-19 House Journal Page 0706 HB 196 Zero fiscal note, Dept. of Military & Veterans' Affairs, 3/19/93 Zero fiscal note, Dept. of Administration, 3/19/93 SSHB 196 was referred to the State Affairs Committee. ***The presence of Representative Davies was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Charlie and Roxy Champaine, The Most Successful Sled Dog Racing Couple in America By Representatives Bunde, Brice Honoring - Ice Art 1993 By Representative Brice Honoring - Tongass Alaska Girls Scout Council By Representatives Ulmer, Hudson; Senator Duncan Honoring - Fairbanks Children's Theater By Senators Sharp, Frank, Miller Honoring - Jeff King By Senator Rieger Honoring - NALCO Chemical Company, Alaska Department of Environmental Conservation, 1992 Commissioner's Annual Pollution Prevention Award Winner By Senator Salo; Representative Navarre Honoring - C. Mark Pearson, 1993 Alaska Engineer of the Year By Senator Leman Honoring - Sister Dona Taylor By Senator Leman 1993-03-19 House Journal Page 0707 In Memoriam - Victor Henry Ecklund by Representative Williams; Senator Taylor In Memoriam - Vesta Johnson Representatives Williams, Mackie, Grussendorf; Senators Taylor, Zharoff In Memoriam - Charles "Chuck" Vancura II Representatives Larson, Menard, Carney; Senator Kerttula In Memoriam - Steve Agbaba Senators Sharp, Frank, Miller, Lincoln; Representatives Brice, James, Therriault, Sitton, Vezey, Davies In Memoriam - Walter "U'Eldahwdi'aasen" Charley By Senator Lincoln INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 236 HOUSE BILL NO. 236 by the House Labor & Commerce Committee, entitled: "An Act relating to newspapers of general circulation." was read the first time and referred to the Labor & Commerce Committee. HB 237 HOUSE BILL NO. 237 by Representatives Hudson, Phillips, Brice, Sitton and Sanders, entitled: "An Act relating to marine pilot licensing and tariffs." was read the first time and referred to the Labor & Commerce, Transportation, State Affairs and Finance Committees. HB 238 HOUSE BILL NO. 238 by the House Special Committee on Oil and Gas, entitled: 1993-03-19 House Journal Page 0708 HB 238 "An Act relating to the oil and hazardous substance release response fund, repealing the oil and hazardous substance municipal impact assistance program and the authority in law by which marine highway vessels may be designed and constructed to aid in oil and hazardous substance spill cleanup in state marine water using money in the oil and hazardous substance release response fund, amending requirements relating to the revision of state and regional master prevention and contingency plans, altering requirements applicable to liens for recovery of state expenditures related to oil or hazardous substances, relating to a restoration standard in certain state environmental laws, modifying definitions of related terms, amending the manner of computing the amounts required for the suspension and reimposition of the oil conservation surcharge, relating to fees to be charged and collected by the Department of Environmental Conservation, and annulling a regulation related to costs for certain site restorations." was read the first time and referred to the Resources and State Affairs Committees. HB 239 HOUSE BILL NO. 239 by Representatives Bunde and Brice, entitled: "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date." was read the first time and referred to the Resources and Finance Committees. HB 240 HOUSE BILL NO. 240 by Representatives Moses and Bunde, entitled: "An Act allowing gaming devices on ferries." was read the first time and referred to the Transportation, State Affairs and Finance Committees. HB 241 HOUSE BILL NO. 241 by Representative Mulder, entitled: 1993-03-19 House Journal Page 0709 HB 241 "An Act relating to workers' compensation; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. HB 242 HOUSE BILL NO. 242 by Representative Bunde, entitled: "An Act relating to dangerous dogs and to municipal classifications and limitations based on the breed of a dog." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. HB 243 HOUSE BILL NO. 243 by Representative Sanders, entitled: "An Act requiring a licensed pilot for a tug boat used with an oil barge on a river in a pilotage region." was read the first time and referred to the Transportation Committee. HB 244 HOUSE BILL NO. 244 by Representatives Williams, Hudson, Olberg, Kott, James, Mulder, Sanders, B.Davis, Foster, Porter, MacLean and Menard, entitled: "An Act making a special appropriation for additional district support for kindergarten, primary, and secondary education programs; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 144 The following was read the second time: 1993-03-19 House Journal Page 0710 HB 144 HOUSE BILL NO. 144 "An Act relating to fees for certain costs of administering the permanent fund dividend program." with the: Journal Page FIN RPT 2DP 9NR 646 -FISCAL NOTE (REV) 3/15/93 646 Representative Phillips moved and asked unanimous consent that HB 144 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 144 was read the third time. The question being: "Shall HB 144 pass the House?" The roll was taken with the following result: HB 144 Third Reading Final Passage YEAS: 25 NAYS: 10 EXCUSED: 5 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davies, Finkelstein, Menard, Navarre, Sitton, Ulmer, Willis Excused: Davidson, B.Davis, Mackie, MacLean, Nicholia And so, HB 144 passed the House. Representative Navarre gave notice of reconsideration of his vote on HB 144. 1993-03-19 House Journal Page 0711 HB 152 The following was read the second time: HOUSE BILL NO. 152 "An Act relating to magistrate jurisdiction." with the: Journal Page STA RPT CS(STA) 7DP 481 -ZERO FISCAL NOTE (COURT) 3/1/93 481 JUD RPT CS(JUD) 6DP 1NR 646 -PREVIOUS ZERO FN (COURT) 3/1/93 647 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 152(JUD) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 152(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 152(JUD) was read the third time. The question being: "Shall CSHB 152(JUD) pass the House?" The roll was taken with the following result: CSHB 152(JUD) Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 5 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1993-03-19 House Journal Page 0712 HB 152 Nays: Sitton Excused: Davidson, B.Davis, Mackie, MacLean, Nicholia And so, CSHB 152(JUD) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 34 The following was read the second time: HOUSE JOINT RESOLUTION NO. 34 Requesting the Department of Commerce to give a high priority to fisheries development project grants for the Alaska salmon industry. with the: Journal Page FSH RPT 3DP 614 FISHERIES REPORT RECOMMENDED AMENDMENT 614 -ZERO FISCAL NOTE (F&G) 3/12/93 615 Amendment No. 1 offered by Representative Moses: Page 1, line 13: Delete "products" and insert "markets" Representative Moses moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Davies objected. Representative Moses moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HJR 34 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1993-03-19 House Journal Page 0713 HJR 34 HJR 34 was read the third time. The question being: "Shall HJR 34 pass the House?" The roll was taken with the following result: HJR 34 Third Reading Final Passage YEAS: 32 NAYS: 1 EXCUSED: 5 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Sitton Excused: Davidson, B.Davis, Mackie, MacLean, Nicholia Absent: Mulder, Williams And so, HJR 34 passed the House. Representative Navarre gave notice of reconsideration of his vote on HJR 34. SECOND READING OF SENATE RESOLUTIONS SJR 19 The following was read the second time: CS FOR SENATE JOINT RESOLUTION NO. 19(RLS) Requesting the United States Air Force to rename Shemya Air Force Base to Eareckson Air Force Base. 1993-03-19 House Journal Page 0714 SJR 19 with the: Journal Page TRA RPT 6DP 681 -SENATE ZERO FN (S.STA) 2/19/93 681 Representative Phillips moved and asked unanimous consent that CSSJR 19(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected. CSSJR 19(RLS) will be in third reading on the March 22, 1993, 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 - Kay J. Kennedy By Representatives Brice, James, Sitton, Davies, Menard; Senators Miller, Sharp Honoring - 1993 Alaska Mathcounts Finalists By Senator Leman; Representatives Brice, Davies, B.Davis, G.Davis, Green, Hanley, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Ulmer, Willis In Memoriam - James "J.C." Curran By Representatives Sanders, Menard In Memoriam - Harold Woods By Senator Lincoln; Representatives B.Davis, Foster, Hoffman, MacLean, Menard, Nicholia 1993-03-19 House Journal Page 0715 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Davies - from 5:15 p.m., April 7 to 8:45 p.m., April 13, 1993 Representative Kott - from 6:05 p.m., April 8 to 8:41 p.m., April 11, 1993 Representative Therriault - from 6:05 p.m., March 19 to 9:45 a.m., plane time, March 22, 1993. There being no objection, it was so ordered. HB 191 The Speaker waived the Resources Committee referral on the following at the request of Representative Williams, Chair: HOUSE BILL NO. 191 "An Act relating to cost recovery by contractors who operate state-owned hatcheries." HB 191 was referred to the Finance Committee. HJR 34 Representative Hudson added his name as cosponsor to: HOUSE JOINT RESOLUTION NO. 34 Requesting the Department of Commerce to give a high priority to fisheries development project grants for the Alaska salmon industry. HJR 35 Representatives B.Davis, Davies, Ulmer, Carney, Nordlund, Finkelstein, James and Brown added their names as cosponsors to: HOUSE JOINT RESOLUTION NO. 35 Endorsing approval by the United States Congress of S 254 or comparable legislation imposing a fee on imported oil. 1993-03-19 House Journal Page 0716 HB 54 Representative Hudson added his name as cosponsor to: HOUSE BILL NO. 54 "An Act relating to eavesdropping, telephone caller identification, and telephone directory listings and solicitations." HB 118 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 118 "An Act extending workers' compensation coverage to certain high school students in uncompensated work-study programs." HB 195 Representative Porter added his name as cosponsor to: HOUSE BILL NO. 195 "An Act authorizing youth courts by which to provide for peer adjudication of minors who have allegedly committed violations of state or municipal laws, renaming the community legal assistance grant fund and amending the purposes for which grants may be made from that fund in order to provide financial assistance for organization and initial operation of youth courts, and relating to young adult advisory panels in the superior court." HB 224 Representative Davies added his name as cosponsor to: HOUSE BILL NO. 224 "An Act establishing, for purposes of administration of state elections, the category of permanent absentee voter, authorizing registration of voters as permanent absentee voters, eliminating the requirement of application for absentee ballots by qualified voters whom the division of elections has determined are permanent absentee voters, directing the division of elections to mail absentee ballots to permanent absentee voters, and annulling the current administrative regulation applicable to a person designated as permanent absentee voter." 1993-03-19 House Journal Page 0717 HB 227 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 227 "An Act relating to the taxation of income, and authorizing appropriation of the estimated proceeds of the tax to support public education." SB 105 Representative Phillips added her name as cross sponsor to: CS FOR SENATE BILL NO. 105 (JUD) am "An Act relating to motor vehicle dealers and to agents for motor vehicle buyers; and providing for an effective date." ENGROSSMENT HB 152 CSHB 152(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 45 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 9:45 a.m., March 19, 1993: SENATE CS FOR 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1993-03-19 House Journal Page 0718 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 22, 1993. There being no objection, the House adjourned at 12:27 p.m. J.C. Shine Chief Clerk