Legislature(1993 - 1994)
1993-03-24 House Journal
Full Journal pdf1993-03-24 House Journal Page 0745 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday March 24, 1993 Seventy-third Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:14 a.m. Roll call showed 38 members present. Representative Mackie had been previously excused from a call of the House today. Representative MacLean was absent. The invocation was offered by the Chaplain, Reverend Mary Ann Warden of the Northern Light United Church. Representative Davies moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: (Spoken in the North Slope Inupiat language) "Anaiyyuta Ataniiq god Kamanaqtuatiin, kaniqsisuugiptigut avanmun kaniqsiutilaitkaluaqaptaunnii Ilaanni atausimik uqaqagaluaqapta kaniqsiutilainmiugut. Aasii uvva uvlupak Ataniiq itqatigitqurugut savallapta, quyanaagiptigin itiguminalgitkapta surruutailuta. Suannasiqsimaaqtigut savautisukkiptigin ilivitch. Itqatigikkit ilavut sumiitkaluaqpata. Nanittualu mamillugit. Pisuutin isummatin pigisukkikput. Jesus atqagun apigigikpin. Tavra." 1 1993-03-24 House Journal Page 0746 Translated as follows: "Let us pray, O Lord God Almighty, You understand us even though we do not understand each other. Sometimes even if we have one language, we do not understand each other. On this day, Lord, we want You to be with us as we work. We thank You that we were able to wake up this day without illness. Give us strength as we want to work for You. Be with our relatives wherever they may be. Heal those who are ill. We want to have Your will and Your mind. In Jesus name we ask. Amen." The Pledge of Allegiance was led by Representative Sitton. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 71st and 72nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 23, 1993, was read stating that, in accordance with AS 39.05.080 and Article III, Section 19 of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: Board of Education Stowell R. Johnstone - Anchorage Term began 3/22/93, expires 1/31/98 Board of Psychologist and Psychological Associate Examiners Bruno M. Kappes, PhD - Anchorage Term began 3/22/93, expires 7/1/94 which were referred to the Health, Education & Social Services Committee. 1993-03-24 House Journal Page 0747 Resumes for the appointments are on file in the Chief Clerk's office. MESSAGES FROM THE SENATE A message dated March 22, 1993, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 97 CS FOR SENATE BILL NO. 97(FIN) am by Senator Pearce, entitled: "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following appointees: Patricia G. Conners-Allen, DC LeRoy D. Nordstrom, DC Glenne M. Ralls as members of the Board of Chiropractic Examiners. Pamela L. Doerr Beverly J. Gilfillan Patricia Hedges-Gajdos as members of the Board of Dispensing Opticians. Donald L. Fancher Judy L. Norton as members of the Board of Education. 1993-03-24 House Journal Page 0748 Mercy Dennis Randall G. Jones Dennis Schlotfeldt, PhD R. Brock Shamberg, Esq. Elaine Stoneburner as members of the Board of Marital and Family Therapy. Peggy A. Downing, MD Sydney Flint Kaye Kanne Paula Korn, CNM Pam Weaver as members of the Board of Certified Direct-Entry Midwives. Belle L. Cunningham, LPN Marion K. Lampman Betsy B. McCune, RN as members of the Board of Nursing. Lynn J. Coon, OD Steven S. Dobson, OD Marilyn S. Porter as members of the Board of Examiners in Optometry. Charles L. Lastufka as a member of the Board of Pharmacy. Pauline L. Bennett-Gannon Arlene C. Gerety Cary S. Keller, MD Lawrence W. Seethaler, LPT as members of the State Physical Therapy & Occupational Therapy Board. 1993-03-24 House Journal Page 0749 Brian L. Carter Richard E. Clevenger Peggy E. Conner Jones Fred L. Lau William A. McCain Marsha V. Van Abel as members of the Professional Teaching Practices Commission. Tyler D. Shaw Robb L. Stokes, PhD as members of the Board of Psychologist and Psychological Associate Examiners. Ken P. Fallon, Jr. Kris Jenkins as members of the Board of Clinical Social Work Examiners. Virginia M. Johnson, DVM James Leach, III, DVM Barbara J. Marcisak as members of the Board of Veterinary Examiners. R. Danforth Ogg Mary Jane Fate as members of the University Alaska Board of Regents. The reports stated that the signatures do not reflect an intent by any of the members to vote for or against these individuals during any further sessions for the purposes of confirmation. The reports were signed by Representatives Toohey and Bunde, Co- chairs, G.Davis, Kott, B.Davis, Brice, Vezey, Olberg and Nicholia. 1993-03-24 House Journal Page 0750 HCR 10 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 10 Relating to certification of the Alaska State Legislature's opposition to requiring suspension of a driver's license for drug offenses. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Kott Do not pass (1): Sanders The following fiscal notes apply to HCR 10: Fiscal note, Dept. of Transportation & Public Facilities, 3/24/93 Zero fiscal note, Dept. of Public Safety, 3/24/93 HCR 10 was referred to the Health, Education & Social Services Committee. HCR 16 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 16 Relating to establishing the coal policy of the state. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Ulmer, Olberg, G.Davis, Kott No recommendation (1): Sanders The following fiscal note applies to HCR 16: Zero fiscal note, House State Affairs Committee, 3/24/93 HCR 16 was referred to the Rules Committee for placement on the calendar. 1993-03-24 House Journal Page 0751 HJR 30 The Health, Education & Social Services Committee has considered: HOUSE JOINT RESOLUTION NO. 30 Relating to epidemiological and quarantine services in ports of entry in the state. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (8): Vezey, Kott, G.Davis, Bunde, Toohey, Olberg, B.Davis, Brice The following fiscal note applies to HJR 30: Zero fiscal note, Dept. of Health & Social Services, 3/24/93 HJR 30 was referred to the Rules Committee for placement on the calendar. HB 3 The Judiciary 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 Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Phillips, Green No recommendation (3): Davidson, James, Kott 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 Finance Committee. 1993-03-24 House Journal Page 0752 HB 4 The Judiciary 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Phillips, Green No recommendation (3): Davidson, Kott, James The following fiscal notes apply to CSHB 4(JUD): Zero fiscal note, Dept. of Corrections, 3/24/93 Fiscal note, Dept. of Commerce & Economic Development, 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 Finance Committee. HB 20 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 20 "An Act relating to the electrical service extension fund." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Willis, Davies, Sanders 1993-03-24 House Journal Page 0753 HB 20 No recommendation (4): Toohey, Williams, Bunde, Olberg The following fiscal note applies to HB 20: Zero fiscal note, Dept. of Commerce & Economic Development, 3/24/93 HB 20 was referred to the Labor & Commerce Committee. HB 32 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 32 "An Act relating to reimbursement of school construction debt; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (2): Davies, Willis No recommendation (5): Sanders, Bunde, Williams, Toohey, Olberg The following fiscal note applies to HB 32: Fiscal note, Dept. of Education, 3/24/93 HB 32 was referred to the Health, Education & Social Services Committee. HB 59 The State Affairs Committee has considered: HOUSE BILL NO. 59 "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska; and providing for an effective date." 1993-03-24 House Journal Page 0754 HB 59 and recommends it be replaced with: CS FOR HOUSE BILL NO. 59(MLV) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Ulmer, B.Davis, G.Davis, Sanders, Kott No recommendation (1): Olberg The following fiscal note applies to CSHB 59(MLV): Zero fiscal note, Dept. of Natural Resources, 3/1/93 HB 59 was referred to the Finance Committee. HB 65 The State Affairs Committee has considered: HOUSE BILL NO. 65 "An Act relating to the improvement of state finances through reduction of operating costs of certain state agencies and establishment of certain fees; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 65(STA) "An Act relating to licenses, certificates, and permits administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Department of Fish and Game, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to the administration of the state insurance catastrophe reserve account; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; relating to fiscal reporting and accounting by the Department of Administration; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." 1993-03-24 House Journal Page 0755 HB 65 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Vezey, Olberg, Sanders No recommendation (4): Ulmer, B.Davis, G.Davis, Kott The following fiscal notes apply to CSHB 65(STA): Revenue fiscal note, Dept. of Public Safety, 3/1/93 Zero fiscal note, Dept. of Administration, 3/1/93 Fiscal note, Dept. of Natural Resources, 2/8/93 Revenue fiscal notes (2), Dept. of Labor, 1/15/93 Revenue fiscal note, Dept. of Public Safety, 1/15/93 Revenue fiscal notes (2), Dept. of Education, 1/15/93 Fiscal notes (2), Dept. of Environmental Conservation, 1/15/93 Fiscal note, Dept. of Labor, 1/15/93 Fiscal note, Dept. of Public Safety, 1/15/93 Fiscal notes (2), Dept. of Health & Social Services, 1/15/93 Fiscal note, Dept. of Administration, 1/15/93 Zero fiscal notes (3), Dept. of Administration, 1/15/93 Zero fiscal note, Dept. of Revenue, 1/15/93 Zero fiscal note, Dept. of Labor, 1/15/93 HB 65 was referred to the Judiciary Committee. HB 76 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 76 "An Act making a special appropriation to the Department of Natural Resources for the purchase of the inholdings of the Seldovia Native Association and the Cook Inlet Region, Inc., and the timber rights of the Timber Trading Company, within the Kachemak Bay State Park; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Davies, Olberg, Toohey 1993-03-24 House Journal Page 0756 HB 76 No recommendation (3): Sanders, Bunde, Williams The following fiscal note applies to HB 76: Zero fiscal note, Dept. of Fish & Game, 3/24/93 HB 76 was referred to the Resources Committee. HB 112 The Judiciary Committee has considered: HOUSE BILL NO. 112 "An Act relating to limited partnerships; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Porter, Phillips, James, Kott, Green No recommendation (1): Davidson The following fiscal notes apply to HB 112: Zero fiscal note, Dept. of Law, 3/3/93 Zero fiscal note, Dept. of Commerce & Economic Development, 3/3/93 HB 112 was referred to the Rules Committee for placement on the calendar. HB 197 The State Affairs Committee has considered: HOUSE BILL NO. 197 "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; and providing for an effective date." and recommends it be replaced with: 1993-03-24 House Journal Page 0757 HB 197 CS FOR HOUSE BILL NO. 197(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Vezey, Olberg, Sanders Do not pass (2): Ulmer, B.Davis No recommendation (2): G.Davis, Kott HB 197 was referred to the House Special Committee on Oil and Gas. HB 206 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 206 "An Act relating to the regulation of election campaigns, and providing for regulation by the Alaska Public Offices Commission of elections by electrical cooperatives." and recommends it be replaced with: CS FOR HOUSE BILL NO. 206(CRA) "An Act relating to the regulation of election campaigns, and providing for regulation by the Alaska Public Offices Commission of elections by certain electrical cooperatives and by certain telephone cooperatives." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (4): Sanders, Bunde, Williams, Toohey Do not pass (1): Davies No recommendation (1): Olberg 1993-03-24 House Journal Page 0758 HB 206 The following fiscal note applies to CSHB 206(CRA): Fiscal note, Dept. of Administration, 3/24/93 HB 206 was referred to the State Affairs Committee. HB 235 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 235 "An Act relating to educational programs and services for children with disabilities and other exceptional children and to persons with a handicap; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 235(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (1): Bunde No recommendation (7): Kott, Vezey, G.Davis, Toohey, B.Davis, Brice, Olberg The following fiscal note applies to CSHB 235(HES): Zero fiscal note, Dept. of Education, 3/24/93 HB 235 was referred to the Finance Committee. SB 90 The State Affairs Committee has considered: SENATE BILL NO. 90 "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." 1993-03-24 House Journal Page 0759 SB 90 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Ulmer, B.Davis, G.Davis, Sanders, Kott No recommendation (1): Olberg The following fiscal notes apply to SB 90: Senate zero fiscal note, Dept. of Environmental Conservation, 2/17/93 Senate zero fiscal note, Dept. of Military & Veterans Affairs, 2/17/93 SB 90 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The Alaska Marine Highway System, 30 Years of Service in Alaska By Representatives Ulmer, Hudson, Grussendorf, Mackie, Williams; Senator Duncan Honoring - Clifford Lloyd and Orea Angela Haydon, Fairbanks Pioneers King and Queen Regents, 1993 By Senator Sharp; Representative Brice In Memoriam - Gren Collins By Representative Bunde In Memoriam - Paul Martin Gundersen By Representative Moses In Memoriam - William K. "Bill" Boardman By Senator Kerttula In Memoriam - Frank Belts By Senator Salo; Representatives Davies, Sitton, Brice 1993-03-24 House Journal Page 0760 and Honoring - Village Public Safety Officers Program Graduates By Senators Zharoff, Lincoln; Representative Grussendorf which was taken up later as a special order of business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 17 HOUSE CONCURRENT RESOLUTION NO. 17 by Representative G.Davis: Relating to a health insurance pool established for residents of the Kenai Peninsula Borough. was read the first time and referred to the Labor & Commerce, Health, Education & Social Services and Finance Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 192 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 192 by Representative Mulder, entitled: "An Act relating to construction contractors." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. HB 250 HOUSE BILL NO. 250 by Representative Bunde by request, entitled: "An Act relating to centralized correspondence study; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. 1993-03-24 House Journal Page 0761 HB 251 HOUSE BILL NO. 251 by Representative Moses, entitled: "An Act relating to the management and allocation of fishery resources." was read the first time and referred to the House Special Committee on Fisheries, Resources and Judiciary Committees. HB 252 HOUSE BILL NO. 252 by Representative Moses, entitled: "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." was read the first time and referred to the Labor & Commerce, Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Homer Emblem Club Drill Team, 1992 National Champions By Representatives Phillips, Brice, G.Davis, Green, MacLean, Menard, Navarre, Parnell, Toohey, Ulmer, Vezey, Willis SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citation be taken up as a special order of business at this time: 1993-03-24 House Journal Page 0762 Honoring - Village Public Safety Officers Program Graduates By Senators Zharoff, Lincoln; Representatives Grussendorf, Brice, Davidson, B.Davis, G.Davis, Foster, Hoffman, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Sitton, Toohey, Ulmer, Willis There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. UNFINISHED BUSINESS HB 90 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 701) on the following at this time: 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." and SENATE CS FOR HOUSE BILL NO. 90(JUD) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 90, thus adopting SCS HB 90(JUD), and recommended that the members vote yes. ***The presence of MacLean was noted. The question being: "Shall the House concur in the Senate amendment to HB 90?" The roll was taken with the following result: 1993-03-24 House Journal Page 0763 HB 90 SCS HB 90(JUD) Concur YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Mackie Absent: Mulder And so, the House concurred in the Senate amendment, thus adopting SCS HB 90(JUD). 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. The Chief Clerk was instructed to so notify the Senate. SCS HB 90(JUD) was referred to the Chief Clerk for enrollment. 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 6:05 p.m., April 1 to 9:30 a.m., plane time, April 5, 1993 Representative B.Davis - from 6:05 p.m., April 14 to 8:45 p.m., April 15, 1993 Representative Hoffman - from 4:30 p.m., March 26 to 8:45 p.m., plane time, March 28, 1993 1993-03-24 House Journal Page 0764 Representative James - from 6:05 p.m., April 8 to 8:45 p.m., plane time, April 11, 1993 Representative Sanders - from 6:05 p.m., April 2 to 8:40 p.m., plane time, April 4, 1993 There being no objection, it was so ordered. HB 98 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 98 "An Act naming the Black Veterans Recognition Bridge on the Alaska Highway over the Gerstle River." HB 98 was referred to the Rules Committee for placement on the calendar. HB 123 The Speaker waived the Labor & Commerce Committee referral on the following at the request of Representative Hudson, Chair: HOUSE BILL NO. 123 "An Act relating to loans for the purchase of individual fishery quota shares." HB 123 was referred to the Finance Committee. HB 181 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: 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." HB 181 was referred to the Rules Committee for placement on the calendar. 1993-03-24 House Journal Page 0765 HB 1 Representative Brown added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 1 "An Act establishing a motor vehicle recycling grant fund and a motor vehicle recycling registration fee; and providing for an effective date." SB 54 Representative Bunde added his name as cross sponsor to: CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." SJR 19 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: 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. 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. Finance Subcommittee on HB 69 Capitol 519 after session, 3/24 Economic Task Force CANCELED 5:00 p.m., 3/24 Anchorage Caucus Capitol 205 5:00 p.m., 3/24 1993-03-24 House Journal Page 0766 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 26, 1993. There being no objection, the House adjourned at 11:04 a.m. J.C. Shine Chief Clerk