Legislature(1993 - 1994)
1993-03-30 House Journal
Full Journal pdf1993-03-30 House Journal Page 0843 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday March 30, 1993 Seventy-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:24 a.m. Roll call showed 38 members present. Representative Green had been previously excused from a call of the House today. Representative MacLean was absent. The invocation was offered by the Chaplain, Interim Pastor David Carpenter of the Glacier Valley Baptist Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear God, our Heavenly Father: As we continue to serve the people of our great state of Alaska, we would be mindful of our need for Your Divine Leadership. Grant us we pray, wisdom and understanding, and guide us in the performance of our duties so that we may glorify Thee. For this is our prayer, in Jesus' name. Amen." The Pledge of Allegiance was led by Representative Brice. 1 1993-03-30 House Journal Page 0844 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 78th 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 March 29, 1993, was read stating the Senate has failed to ratify Dr. Jeff A. Anderson as a public member to the Select Committee on Legislative Ethics. A message dated March 29, 1993, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 122 SENATE BILL NO. 122 am by Senators Sharp, Frank, Taylor, Kelly, Rieger, Miller, Pearce and Donley, entitled: "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." was read the first time and referred to the Judiciary Committee. REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: Robert W. Robinson II, DMD Gloria C. Gresser Carolyn J. Michels Kevin L. Gottlieb, DDS Burton A. Miller, DDS 1993-03-30 House Journal Page 0845 as members of the Board of Dental Examiners. The reports stated that the signatures do 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. The reports were signed by Representatives Toohey and Bunde, Co- chairs, and Representatives G.Davis, Kott, B.Davis, Brice, Vezey, Olberg and Nicholia. ***The presence of Representative MacLean was noted. HJR 3 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 3 Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 3(JUD) Proposing amendments to the Constitution of the State of Alaska relating to terms of legislators. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (2): Porter, Nordlund Do not pass (1): Davidson No recommendation (3): Phillips, James, Kott The following fiscal note applies to CSHJR 3(JUD): Fiscal note, Office of the Governor, 2/11/93 HJR 3 was referred to the Finance Committee. 1993-03-30 House Journal Page 0846 HB 37 The State Affairs Committee has considered: 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 37 "An Act relating to open meetings of governmental bodies." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Ulmer, B.Davis, Olberg, Sanders No recommendation (2): Kott, Vezey The following fiscal note applies to 2d SSHB 37: Zero fiscal note, Legislative Affairs Agency, 3/30/93 2d SSHB 37 was referred to the Judiciary Committee. HB 41 The Judiciary Committee has considered: HOUSE BILL NO. 41 "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 41(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, Kott, James Do not pass (1): Davidson No recommendation (1): Nordlund 1993-03-30 House Journal Page 0847 HB 41 The following fiscal notes apply to CSHB 41(JUD): Zero fiscal note, Dept. of Natural Resources, 2/10/93 Zero fiscal note, Alaska Court System, 2/10/93 Zero fiscal note, Dept. of Commerce & Economic Development, 2/10/93 Zero fiscal note, Dept. of Labor, 2/10/93 Zero fiscal note, Dept. of Law, 2/10/93 HB 41 was referred to the Finance Committee. HB 69 The Finance Committee has considered: HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." and recommends it be replaced with: CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b); and providing for an effective date." 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 (1): Navarre The following fiscal notes apply to CSHB 69(FIN): Zero fiscal notes (2), Dept. of Administration, 3/30/93 Fiscal note, Dept. of Public Safety, 3/1/93 Zero fiscal note, Dept. of Law, 2/8/93 Zero fiscal note, Dept. of Corrections, 2/8/93 1993-03-30 House Journal Page 0848 HB 69 HB 69 was referred to the Rules Committee for placement on the calendar. HB 132 The Resources Committee has considered: HOUSE BILL NO. 132 "An Act extending the time period of all permits issued by the state relating to the extraction or removal of resources if the holder of the permits is involved in litigation concerning the issuance or validity of any permit related to the extraction or removal." and recommends it be replaced with: CS FOR HOUSE BILL NO. 132(RES) "An Act extending the time period of all permits issued by the state relating to the extraction or removal of resources if the holder of the permits, or any of the agencies issuing a permit to the holder, is involved in litigation concerning the issuance or validity of any permit related to the extraction or removal." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (5): Hudson, Carney, James, Bunde, Williams No recommendation (2): Finkelstein, Davies The following fiscal note applies to CSHB 132(RES): Zero fiscal note, Dept. of Natural Resources, 3/30/93 HB 132 was referred to the Judiciary Committee. HB 147 The Judiciary Committee has considered: HOUSE BILL NO. 147 "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." 1993-03-30 House Journal Page 0849 HB 147 and recommends it be replaced with: CS FOR HOUSE BILL NO. 147(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, James, Kott No recommendation (2): Nordlund, Davidson The following fiscal notes apply to CSHB 147(JUD): Zero fiscal note, Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Law, 3/1/93 Zero fiscal note, Alaska Court System, 3/1/93 HB 147 was referred to the Rules Committee for placement on the calendar. HB 171 The Finance Committee has considered: HOUSE BILL NO. 171 "An Act providing coverage for hospice care under the Medicaid program; reordering the priorities given to optional services under the Medicaid program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 171(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (8): MacLean, Larson, Martin, Parnell, Grussendorf, Navarre, Therriault, Foster 1993-03-30 House Journal Page 0850 HB 171 The following fiscal note applies to CSHB 171(FIN): Fiscal note, Dept. of Health & Social Services, 3/22/93 HB 171 was referred to the Rules Committee for placement on the calendar. HB 175 The State Affairs Committee 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 Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, B.Davis, Olberg, Kott, Sanders HB 175 was referred to the Finance Committee. HB 178 The Finance Committee has considered: HOUSE BILL NO. 178 "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (9): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Navarre, Therriault, Foster 1993-03-30 House Journal Page 0851 HB 178 The following fiscal note applies to HB 178: Fiscal notes (2), Dept. of Health & Social Services, 3/22/93 HB 178 was referred to the Rules Committee for placement on the calendar. HB 208 The State Affairs Committee has considered: HOUSE BILL NO. 208 "An Act relating to longevity bonus payments for certain nursing home residents; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (1): B.Davis Do not pass (1): Vezey No recommendation (3): Olberg, Kott, Sanders The following fiscal note applies to HB 208: Fiscal note, Dept. of Administration, 3/30/93 HB 208 was referred to the Health, Education & Social Services Committee. HB 235 The Finance 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: 1993-03-30 House Journal Page 0852 HB 235 CS FOR HOUSE BILL NO. 235(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): MacLean, Larson No recommendation (6): Hanley, Martin, Parnell, Grussendorf, Navarre, Foster The following fiscal note applies to CSHB 235(FIN): Zero fiscal note, Dept. of Education, 3/24/93 HB 235 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 197 The House Special Committee on Oil and Gas 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." The report was signed by Representative Kott, Vice Chair, with the following individual recommendations: Do pass (4): Kott, G.Davis, Olberg, Sitton No recommendation (1): Sanders HB 197 was referred to the Resources Committee. 1993-03-30 House Journal Page 0853 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Howard R. Groff By Representative Finkelstein In Memoriam - David Douglas Frith By Representatives Brice, Sitton INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 37 HOUSE JOINT RESOLUTION NO. 37 by Representatives Hoffman, MacLean, Foster, Olberg, Williams, Davidson, Nicholia, Mackie, Ulmer, Brown, Carney, Brice and Menard: Urging the Congress to enact H.R. 1033 or similar legislation authorizing construction grants for publicly-owned treatment works in economically distressed rural communities. was read the first time and referred to the Community & Regional Affairs and Health, Education & Social Services Committees. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 249 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249 by Representative G.Davis, entitled: "An Act relating to persons whose occupations involve electrical or mechanical equipment and systems; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Judiciary Committees. 1993-03-30 House Journal Page 0854 HB 264 HOUSE BILL NO. 264 by the House Rules Committee, entitled: "An Act providing for a fishery resource landing tax; and providing for an effective date." was read the first time and referred to the House Special Committee on Fisheries and the Finance Committee. HB 265 HOUSE BILL NO. 265 by Representative Martin, entitled: "An Act relating to student financial assistance; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 266 HOUSE BILL NO. 266 by Representative Phillips, entitled: "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Resources and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 66 The following was read the second time: HOUSE BILL NO. 66 "An Act relating to municipal property tax exemptions for certain residences and to property tax equivalency payments for certain residents; and providing for an effective date." 1993-03-30 House Journal Page 0855 HB 66 with the: Journal Page -3 ZERO FNS (2-DCRA, ADM) 1/15/93 84 GOVERNOR'S TRANSMITTAL LETTER 84 CRA RPT CS(CRA) 3DP 3DNP 1NR 286 -3 PREVIOUS ZERO FNS (DCRA,DCRA,ADM) 1/15 286 HES RPT CS(HES) NEW TITLE 5DP 502 -3 PREVIOUS ZERO FNS (DCRA,DCRA,ADM) 1/15 502 FIN RPT CS(FIN)NEW TITLE 2DP 1DNP 5NR 1AM 780 -FISCAL NOTE (DOE) 3/26/93 781 -3 PREVIOUS ZERO FNS (ADM, CRA, CRA) 1/15 781 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. 66(FIN) "An Act relating to an exemption from and deferral of municipal property taxes for certain primary residences, to property tax equivalency payments for certain residents, to the determination of full and true value of taxable property in a municipality; and providing for an effective date." There being no objection, it was so ordered. Representative Willis moved and asked unanimous consent that he be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Willis was required to vote. Amendment No. 1 was offered by Representatives Willis and Carney: Page 3, line 19, after "deferral.": Insert "A municipality may charge interest not to exceed five percent a year upon taxes deferred under this section." Representative Willis moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. 1993-03-30 House Journal Page 0856 HB 66 Representative Brown placed a call of the House on all amendments. Representative Phillips moved and asked unanimous consent that CSHB 66(FIN) and pending amendments be held in second reading for the March 31, 1993, calendar. There being no objection, it was so ordered. HB 97 The following was read the second time: HOUSE BILL NO. 97 "An Act clarifying the responsibilities of the Department of Health and Social Services and parents for children who are committed to the custody of the department and are placed by the department with the parents; and providing for an effective date." with the: Journal Page HES RPT 7DP 2NR 288 -ZERO FISCAL NOTE (DHSS) 2/10/93 289 JUD RPT 5DP 503 -PREVIOUS ZERO FN (DHSS) 2/10/93 503 FIN RPT 10DP 782 -PREVIOUS ZERO FN (DHSS) 2/10/93 783 Representative Phillips moved and asked unanimous consent that HB 97 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 97 was read the third time. The question being: "Shall HB 97 pass the House?" The roll was taken with the following result: HB 97 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1993-03-30 House Journal Page 0857 HB 97 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, 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 Excused: Green And so, HB 97 passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. HB 97 was referred to the Chief Clerk for engrossment. HB 151 The following was read the second time: HOUSE BILL NO. 151 "An Act relating to payment by indigent persons for legal services and related costs; and providing for an effective date." with the: Journal Page JUD RPT 4DP 2DNP 431 -ZERO FISCAL NOTE (COURT) 2/24/93 431 FIN RPT CS(FIN) NEW TITLE 7DP 1DNP 1NR 785 -REVENUE FISCAL NOTE (LAW) 3/26/93 785 -2 ZERO FNS (ADM) 3/26/93 785 -PREVIOUS ZERO FN (COURT) 2/24/93 785 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1993-03-30 House Journal Page 0858 HB 151 CS FOR HOUSE BILL NO. 151(FIN) "An Act relating to payment by indigent persons for services of representation and court costs; providing for stays of enforcement of a judgment during the pendency of an appeal of a conviction; allowing petitions for remission, reduction, or deferral of judgment; permitting a court to remit or reduce a judgment or to change the method of payment; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 151(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 151(FIN) was read the third time. The question being: "Shall CSHB 151(FIN) pass the House?" The roll was taken with the following result: CSHB 151(FIN) Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, Carney, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Brown, Davidson, Davies, Finkelstein, Hoffman, Sitton Excused: Green And so, CSHB 151(FIN) passed the House. 1993-03-30 House Journal Page 0859 HB 151 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 151(FIN) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HR 5 The following was read the second time: HOUSE RESOLUTION NO. 5 Establishing a House Constitutional Revision Task Force to consider and recommend alternative methods by which the state constitution may be revised. The following fiscal note applies to HR 5: Zero fiscal note, Legislative Affairs Agency, 3/30/93 The question being: "Shall HR 5 pass the House?" The roll was taken with the following result: HR 5 Second Reading Final Passage YEAS: 28 NAYS: 11 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Mackie, Navarre, Nicholia, Porter Excused: Green 1993-03-30 House Journal Page 0860 HR 5 And so, HR 5 passed the House and was referred to the Chief Clerk for engrossment and enrollment. 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 - University of Alaska Statewide Legislative Internship Program, 1993 Legislative Interns By Senator Duncan; Representatives Hudson, Ulmer, Brice, Brown, Bunde, Davies, Davidson, B.Davis, G.Davis, Finkelstein, Grussendorf, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, 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 Sitton - from 6:05 p.m., April 7 to 8:41 p.m., April 12, 1993 Representative Vezey - from 6:00 a.m., April 9 to 6:00 a.m., April 12, 1993 Representative Willis - from 4:30 p.m., April 16 to 9:00 p.m., April 18, 1993 There being no objection, it was so ordered. HR 5 Representative Kott added his name as cosponsor to: HOUSE RESOLUTION NO. 5 Establishing a House Constitutional Revision Task Force to consider and recommend alternative methods by which the state constitution may be revised. 1993-03-30 House Journal Page 0861 ENGROSSMENT HB 97 HB 97 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 151 CSHB 151(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 213 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 213(RES)(title am) "An Act prohibiting the commissioner of natural resources from permanently 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 that 640 contiguous acres except in certain situations; and providing for an effective date." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber after session, 3/30 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 31, 1993. There being no objection, the House adjourned at 11:32 a.m. J.C. Shine Chief Clerk