Legislature(1993 - 1994)
1993-04-02 House Journal
Full Journal pdf1993-04-02 House Journal Page 0923 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Friday April 2, 1993 Eighty-second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:27 a.m. Roll call showed 39 members present. Representative Brice had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Interim Pastor David Carpenter of the Glacier Valley Baptist Church. Representative Menard 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: In order to deal fairly with the complex issues before us, we must not only have a desire to serve, but also a strong commitment to the people we serve, along with a knowledge of their needs. Grant us these things, we pray, that we might serve our very best. For this is our prayer, in Jesus' name. Amen." The Pledge of Allegiance was led by Representative Parnell. 1 1993-04-02 House Journal Page 0924 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 81st legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HR 5 A message dated April 1, 1993, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: 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. House Resolve No. 5 HCR 10 A message dated April 1, 1993, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's office for permanent filing: CS FOR HOUSE CONCURRENT RESOLUTION NO. 10(HES) am Relating to allowing the state the right to determine and impose sanctions on motor vehicle drivers. Legislative Resolve No. 9 SJR 19 A message dated April 1, 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: 1993-04-02 House Journal Page 0925 SJR 19 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. Legislative Resolve No. 8 MESSAGES FROM THE SENATE A message dated April 1,1993, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 84 SENATE BILL NO. 84 am by Senators Kelly and Salo, entitled: "An Act relating to fees for identification cards and certain motor vehicle licenses and permits; to licenses issued to drivers and to revocation of a license to drive; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. SB 154 CS FOR SENATE BILL NO. 154(L&C)(efd fld) by Senators Jacko, Halford, Pearce, Kelly and Taylor, entitled: "An Act relating to the economic development grant program." was read the first time and referred to the Community & Regional Affairs and Finance Committees. REPORTS OF STANDING COMMITTEES HB 14 The Labor & Commerce Committee has considered: 1993-04-02 House Journal Page 0926 HB 14 HOUSE BILL NO. 14 "An Act making an appropriation for capitalization of the BIDCO fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 14(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Sitton, Mackie, Williams, Hudson No recommendation (2): Porter, Green The following fiscal note applies to CSHB 14(L&C): Fiscal note, Dept. of Revenue, 4/2/93 HB 14 was referred to the State Affairs Committee. HB 76 The Finance 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 Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): MacLean, Grussendorf, Navarre, Foster No recommendation (6): Larson, Hanley, Martin, Parnell, Hoffman, Therriault 1993-04-02 House Journal Page 0927 HB 76 HB 76 was referred to the Rules Committee for placement on the calendar. HB 83 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 83 "An Act making appropriations for construction and major maintenance of schools; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 83(HES) "An Act making appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c) of the Alaska Constitution for construction and major maintenance of schools; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Toohey, Olberg No recommendation (4): Kott, Vezey, B.Davis, Brice The following fiscal notes apply to CSHB 83(HES): Zero fiscal note, Dept. of Revenue, 4/2/93 Zero fiscal note, Dept. of Transportation & Public Facilities, 1/22/93 HB 83 was referred to the Finance Committee. HB 113 The Finance Committee has considered: HOUSE BILL NO. 113 "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82." 1993-04-02 House Journal Page 0928 HB 113 and recommends it be replaced with: CS FOR HOUSE BILL NO. 113(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): Larson, Parnell, Grussendorf, Foster, Navarre No recommendation (4): Hanley, Martin, Hoffman, Therriault Amend (1): MacLean The following fiscal note applies to CSHB 113(FIN): Zero fiscal note, Dept. of Law, 3/5/93 HB 113 was referred to the Rules Committee for placement on the calendar. HB 180 The Labor & Commerce Committee has considered: HOUSE BILL NO. 180 "An Act relating to the residential housing inspection requirements of the Alaska Housing Finance Corporation." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Porter, Sitton, Mackie, Mulder No recommendation (2): Green, Hudson The following fiscal note applies to HB 180: Zero fiscal note, Dept. of Revenue, 3/22/93 HB 180 was referred to the Rules Committee for placement on the calendar. 1993-04-02 House Journal Page 0929 HB 187 The Labor & Commerce Committee has considered: HOUSE BILL NO. 187 "An Act authorizing the interception of private communications related to the commission of certain criminal offenses; making related amendments to statutes relating to eavesdropping and wiretapping; relating to the penalty for violation of statutes relating to eavesdropping and unauthorized interception, publication, or use of private communications; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Porter, Green, Hudson Do not pass (1): Sitton No recommendation (2): Mackie, Williams The following fiscal notes apply to HB 187: Fiscal note, Dept. of Public Safety, 4/2/93 Indeterminate fiscal note, Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Law, 3/1/93 HB 187 was referred to the Judiciary Committee. HB 197 The Finance 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." The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (5): Larson, Grussendorf, Foster, MacLean, Navarre 1993-04-02 House Journal Page 0930 HB 197 No recommendation (5): Hanley, Martin, Parnell, Hoffman, Therriault The following fiscal note applies to HB 197: Fiscal note, Dept. of Transportation & Public Facilities, 4/2/93 HB 197 was referred to the Rules Committee for placement on the calendar. HB 201 The Resources Committee has considered: HOUSE BILL NO. 201 "An Act amending provisions of Ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 201(RES) "An Act amending provisions of Ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; relating to survey requirements applicable to the land to be conveyed by the state to the Alaska Mental Health Trust Authority; relating to the jurisdiction of courts in the resolution of disputes arising under the reconstitution of the corpus of the mental health trust; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (3): Finkelstein, Davies, Williams No recommendation (4): Hudson, Carney, James, Bunde 1993-04-02 House Journal Page 0931 HB 201 The following fiscal notes apply to CSHB 201(RES): Fiscal note, Dept. of Natural Resources, 4/2/93 Zero fiscal note, Dept. of Law, 4/2/93 Zero fiscal note, Dept. of Fish & Game, 4/2/93 HB 201 was referred to the Finance Committee. HB 211 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 211 "An Act relating to the municipal tax exemption for inventories intended for export." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (5): Sanders, Davies, Toohey, Olberg, Williams No recommendation (2): Bunde, Willis The following fiscal note applies to HB 211: Zero fiscal note, Dept. of Community & Regional Affairs, 4/2/93 HB 211 was referred to the Judiciary Committee. HB 221 The Labor & Commerce Committee has considered: HOUSE BILL NO. 221 "An Act relating to workers' compensation for volunteer ambulance attendants, police officers, and fire fighters; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (7): Porter, Sitton, Mackie, Mulder, Williams, Green, Hudson 1993-04-02 House Journal Page 0932 HB 221 The following fiscal notes apply to HB 221: Zero fiscal note, Dept. of Labor, 3/31/93 Zero fiscal note, Dept. of Administration, 3/31/93 HB 221 was referred to the Finance Committee. HB 222 The Labor & Commerce Committee has considered: HOUSE BILL NO. 222 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Williams, Mulder, Porter No recommendation (4): Green, Mackie, Sitton, Hudson The following fiscal notes apply to HB 222: Fiscal note, Dept. of Public Safety, 4/2/93 Fiscal note, Dept. of Law, 4/2/93 HB 222 was referred to the Judiciary Committee. HB 239 The Resources Committee has considered: HOUSE BILL NO. 239 "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date." 1993-04-02 House Journal Page 0933 HB 239 and recommends it be replaced with: CS FOR HOUSE BILL NO. 239(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (5): Hudson, Carney, Davies, Mulder, Bunde, Williams No recommendation (3): Green, James, Finkelstein The following fiscal note applies to CSHB 239(RES): Fiscal note, Dept. of Fish & Game, 4/2/93 HB 239 was referred to the Finance Committee. HB 242 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 242 "An Act relating to dangerous dogs and to municipal classifications and limitations based on the breed of a dog." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (1): Bunde Do not pass (3): Sanders, Williams, Olberg No recommendation (3): Davies, Willis, Toohey The following fiscal notes apply to HB 242: Zero fiscal note, Dept. of Community & Regional Affairs, 4/2/93 Zero fiscal note, Dept. of Public Safety, 4/2/93 HB 242 was referred to the Judiciary Committee. 1993-04-02 House Journal Page 0934 SB 83 The Labor & Commerce Committee has considered: SENATE BILL NO. 83 "An Act relating to an alcohol server education course." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (6): Porter, Sitton, Mackie, Mulder, Green, Hudson No recommendation (1): Williams The following fiscal note applies to SB 83: Senate zero fiscal note, Dept. of Revenue, 2/22/93 SB 83 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Alaska Biological Research, Incorporated By Representatives Davies, Ulmer, Nicholia, Carney, Finkelstein, Sitton, Nordlund, Brice, B.Davis, Mackie, Willis Honoring - The Juneau Douglas High School Production Company of "Hello, Dolly!" By Representatives Ulmer, Hudson; Senator Duncan Honoring - John Sisk and Joel Bennett, Professional and Volunteer Environmentalists of the Year By Representatives Ulmer, Hudson; Senator Duncan Honoring - D.A.R.E. Graduates, Mountain View Elementary School By Senator Salo; Representative Navarre 1993-04-02 House Journal Page 0935 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 10 2d SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 10 by Representatives Davidson, Brown and Nordlund, entitled: "An Act making appropriations for restoration projects relating to the Exxon Valdez oil spill; and providing for an effective date." was read the first time and referred to the State Affairs, House Special Committee on Oil and Gas, Resources and Finance Committees. HB 269 HOUSE BILL NO. 269 by the House Rules Committee by request of the Governor, entitled: "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated April 2, 1993, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill that provides for special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects. The state and federal governments each received $50,000,000 in restitution as a result of the plea agreement and judgment entered in the criminal case filed by the United States against the Exxon defendants arising out of the Exxon Valdez oil spill. United States v. Exxon Shipping Company and Exxon Corporation, A90-015 CR. The restitution money paid to the state was placed in a separate fund, established by the Department of Revenue, named the "Exxon Valdez Oil Spill Restoration Fund." Under the terms of that final judgment, the restitution money is required to be used exclusively for "restoration 1993-04-02 House Journal Page 0936 HB 269 projects, within the State of Alaska, relating to the Exxon Valdez oil spill." Under the judgment, "restoration" is defined as including "restoration, replacement, and enhancement of affected resources; acquisition of equivalent resources and services; and long-term environmental monitoring and research programs directed to the prevention, containment, cleanup, and amelioration of oil spills." This restitution money is in addition to the $900,000,000 civil settlement entered into between the state, the United States, and Exxon in October 1991, which established a joint trust fund for restoration and provided for certain reimbursements. Sections 2 - 12 of the bill would appropriate a total of $50,000,000 plus interest earned on the criminal case restitution payment since it was received by the state. Section 2 appropriates $12,500,000 to the Department of Administration for payment as a grant to the City of Seward for the development of the Alaska Sea Life Center. This center would serve as a recreation and marine mammal rehabilitation center and as a center for education and research related to the natural resources injured by the Exxon Valdez oil spill and to the prevention and amelioration of marine oil spills. Section 3 appropriates $7,000,000 to the Department of Natural Resources (DNR) to purchase certain holdings inside the Kachemak Bay State Park. A total of $22,000,000 is needed for the purchase under the agreement entered into in March 1993 between the state, the Seldovia Native Association, Cook Inlet Region, Inc., and the Timber Trading Company. The appropriation in sec. 3 of the bill is one of three sources of funds required to finance the purchase. The state and federal trustees have committed to contribute $7,500,000 from the joint trust fund established by the Exxon Civil Settlement. Another $7,500,000 is due as a result of the settlement of the oil spill litigation between the state and federal governments and the Alyeska defendants in November 1992. This latter amount is not addressed in this bill. Section 4 appropriates $500,000 to DNR to construct a Kachemak Bay State Park visitors center. Section 5 appropriates $3,250,000 from the restitution payment to the Department of Fish and Game to develop a shellfish hatchery and 1993-04-02 House Journal Page 0937 HB 269 technical center. This project will assist in the restoration of shellfish resources and subsistence services affected by the oil spill and will provide technical support to the efforts of many individuals and firms that have been attempting to develop a mariculture industry in the area impacted by the oil spill. Section 6 appropriates $4,000,000 to the Department of Fish and Game to construct a water delivery system connecting the Anchorage Municipal Water Utility with the Fort Richardson hatchery. The integration of these facilities will enhance sport fishing services lost or diminished as a result of the Exxon Valdez oil spill. Section 7 appropriates $4,750,000, plus interest accrued on the restitution payment, to DNR to construct or acquire recreational amenities such as cabins, trails, mooring buoys, and floating docks. Section 8 appropriates $3,000,000 to the Department of Fish and Game to undertake restoration and enhancement projects within the Kenai River watershed to help protect commercial and sport fish species injured by the Exxon Valdez oil spill. Section 9 appropriates $2,000,000 to the Department of Commerce and Economic Development for payment as a grant to the Prince William Sound Aquaculture Corporation to upgrade the Main Bay hatchery. Recent damage assessment information suggests that the injury to commercial salmon species in Prince William Sound may be more extensive than originally thought. This project will help to restore or replace commercial and sport fishing resources lost as a result of the Exxon Valdez oil spill. Section 10 appropriates $3,000,000 to the University of Alaska, Fairbanks, Fishery Industrial Technology Center for design and construction of an addition to the existing research facility that would facilitate long-term environmental monitoring and restoration work in the area affected by the oil spill. Section 11 appropriates $5,000,000 to the Department of Community and Regional Affairs for payment as grants to unincorporated rural communities to assist in restoration, replacement, and enhancement of subsistence resources or services injured or lost as a result of the Exxon Valdez oil spill. This appropriation will allow the state trustees 1993-04-02 House Journal Page 0938 HB 269 and the local villages and communities to work together to develop local projects designed to deal with specific dislocations and injuries caused by the spill. Section 12 appropriates $5,000,000 to the Department of Environmental Conservation to enter into contracts for research programs directed to the prevention, containment, cleanup, or amelioration of oil spills in the state. The Exxon Civil Settlement also requires reimbursement of certain state damage assessment, response, and litigation costs incurred as a result of the Exxon Valdez oil spill. Section 13 of the bill appropriates, to the Department of Transportation and Public Facilities, $20,000,000 of the estimated reimbursements due to be paid to the state on September 1, 1993. Of the $20,000,000 appropriation, $15,000,000 is for the construction of a road to Whittier and $5,000,000 is for the design and construction of an oil spill response assistance ferry. The goal of these projects is to increase the ability to respond to oil spills in Prince William Sound by providing road access to Whittier, a logical staging area in the event of a future spill in Prince William Sound, and by providing a specially fitted vessel for use by the state in response actions. Although there are no legal restrictions on the use of the reimbursements made under the Exxon Civil Settlement, it is the view of this Administration, after consultation with the legislative leadership, that it would be appropriate to invest that money in oil spill preparedness and in enhancing access to Prince William Sound for recreational users of all types. The purpose of this bill is to fund projects and programs that will assist in the restoration of resources or services lost or injured as a result of the Exxon Valdez oil spill, to support long-term environmental monitoring of such resources, and to enhance access to the recreational resources that remain abundant in the area impacted by the spill. The bill also will support projects and programs that will promote oil spill preparedness and response capability. I believe that the projects and programs in secs. 2 - 12 of the bill are consistent with the purposes set out in the federal court's restitution order in the Exxon criminal case and that the passage of this bill would be a prudent use of the restitution money. Although the money is the subject of a special restoration charge from the court, that 1993-04-02 House Journal Page 0939 HB 269 purpose, quite frankly, mirrors the objectives of this Administration and, I believe, of most Alaskans. We have just observed the fourth anniversary of an environmental calamity that has affected all of our lives. I believe that it is time for specific, properly focused restoration work to commence. I urge you to pass this bill this session. Sincerely, /s/ Walter J. Hickel Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 96 The following was read the second time: HOUSE BILL NO. 96 "An Act extending the termination date of the Alcoholic Beverage Control Board." with the: Journal Page L&C RPT 5DP 782 -ZERO FISCAL NOTE (REV) 3/26/93 782 FIN RPT 11 DP 868 -PREVIOUS ZERO FN (REV) 3/26/93 869 Representative Phillips moved and asked unanimous consent that HB 96 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 96 was read the third time. The question being: "Shall HB 96 pass the House?" The roll was taken with the following result: 1993-04-02 House Journal Page 0940 HB 96 HB 96 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, 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 Excused: Brice Absent: Hoffman And so, HB 96 passed the House and was referred to the Chief Clerk for engrossment. HB 158 The following was read the second time: HOUSE BILL NO. 158 "An Act making appropriations for contract settlement costs and cost-of-living adjustments for public employees who are members of certain collective bargaining units; and providing for an effective date." with the: Journal Page GOVERNOR'S TRANSMITTAL LETTER 348 L&C RPT CS(L&C) 4DP 1NR 544 FIN RPT 8DP 2NR 822 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. 158(L&C) (same title) 1993-04-02 House Journal Page 0941 HB 158 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 158(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 158(L&C) was read the third time. The question being: "Shall CSHB 158(L&C) pass the House?" The roll was taken with the following result: CSHB 158(L&C) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Olberg Excused: Brice Absent: Hoffman And so, CSHB 158(L&C) 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. CSHB 158(L&C) was referred to the Chief Clerk for engrossment. 1993-04-02 House Journal Page 0942 HB 171 The following was read the second time: 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." with the: Journal Page HES RPT 6DP 729 -FISCAL NOTE (DHSS) 3/22/93 729 FIN RPT CS(FIN) 8DP 849 -PREVIOUS FN (DHSS) 3/22/93 850 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. 171(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 171(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 171(FIN) was read the third time. The question being: "Shall CSHB 171(FIN) pass the House?" The roll was taken with the following result: CSHB 171(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 1993-04-02 House Journal Page 0943 HB 171 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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: Brice And so, CSHB 171(FIN) 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 clause. There being no objection, it was so ordered. CSHB 171(FIN) was referred to the Chief Clerk for engrossment. HB 190 The following was read the second time: HOUSE BILL NO. 190 "An Act relating to grants awarded by the Alaska Science and Technology Foundation." with the: Journal Page L&C RPT 2DP 2DNP 3NR 786 -ZERO FISCAL NOTE (REV) 3/26/93 787 HES RPT 4DP 2DNP 1NR 870 -PREVIOUS ZERO FN (REV) 3/26/93 870 Representative Phillips moved and asked unanimous consent that HB 190 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 190 was read the third time. Representative Mackie moved and asked unanimous consent that HB 190 be referred to the Finance Committee. Objection was heard. 1993-04-02 House Journal Page 0944 HB 190 The question being: "Shall HB 190 be referred to the Finance Committee?" The roll was taken with the following result: HB 190 Referred to Finance Committee YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, the motion failed. The question being: "Shall HB 190 pass the House?" The roll was taken with the following result: HB 190 Third Reading Final Passage YEAS: 13 NAYS: 26 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, Green, Grussendorf, Hanley, Larson, MacLean, Martin, Navarre, Olberg, Sanders, Therriault, Vezey Nays: Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Hoffman, Hudson, James, Kott, Mackie, Menard, Moses, Mulder, Nicholia, Nordlund, Parnell, Phillips, Porter, Sitton, Toohey, Ulmer, Williams, Willis Excused: Brice And so, HB 190 failed to pass the House and was referred to the Chief Clerk for permanent filing. 1993-04-02 House Journal Page 0945 HB 225 The following was read the second time: HOUSE BILL NO. 225 "An Act relating to notice of certain appropriations from the dividend fund." with the: Journal Page FIN RPT 8DP 1NR 823 -ZERO FISCAL NOTE (REV) 3/29/93 823 Representative Phillips moved and asked unanimous consent that HB 225 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 225 was read the third time. The question being: "Shall HB 225 pass the House?" The roll was taken with the following result: HB 225 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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, Willis Excused: Brice Absent: Williams And so, HB 225 passed the House and was referred to the Chief Clerk for engrossment. 1993-04-02 House Journal Page 0946 HB 235 The following was read the second time: 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." with the: Journal Page HES RPT CS(HES) 1DP 7NR 758 -ZERO FISCAL NOTE (DOE) 3/24/93 758 FIN RPT CS(FIN) 2DP 6NR 851 -PREVIOUS ZERO FN (DOE) 3/24/93 852 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. 235(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 235(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 235(FIN) was read the third time. The question being: "Shall CSHB 235(FIN) pass the House?" The roll was taken with the following result: CSHB 235(FIN) Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 1993-04-02 House Journal Page 0947 HB 235 Yeas: Barnes, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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 Nays: Carney Excused: Brice And so, CSHB 235(FIN) 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 clause. There being no objection, it was so ordered. Representative B.Davis gave notice of reconsideration of her vote on CSHB 235(FIN). 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 - Anchorage Convention & Visitors Bureau, Alaska School Business Partnership Program By Representatives Hanley, Toohey, Brown, B.Davis, G.Davis, Green, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Ulmer, Willis Honoring - Dimond Alumni Foundation, Alaska School Business Partnership Program By Representatives Hanley, Parnell, B.Davis, G.Davis, James, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Toohey, Willis Honoring - John F. Franklin By Representatives Barnes, Brown, B.Davis, Green, Grussendorf, Menard, Mulder, Nicholia, Nordlund, Parnell, Phillips, Porter, Toohey, Willis 1993-04-02 House Journal Page 0948 Honoring - Kuspuk School District Elders' Conference By Representatives Nicholia, B.Davis, G.Davis, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Phillips, Ulmer, Willis; Senator Lincoln Honoring - MAPCO, Alaska School Business Partnership Program By Representatives Hanley, Toohey, Brown, Brice, B.Davis, G.Davis, Green, Hoffman, James, Kott, Larson, Menard, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Ulmer, Vezey, Willis Honoring - National Bank of Alaska, Alaska School Business Partnership Program By Representatives Hanley, Toohey, Brown, Sanders, Brice, B.Davis, G.Davis, Green, Grussendorf, Hoffman, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Ulmer, Vezey, Willis Honoring - USKH Architects Engineers Surveyors & Planners, Alaska School Business Partnership Program By Representatives Hanley, Sanders, B.Davis, G.Davis, James, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Toohey, Ulmer, Vezey, Willis Honoring - Anchorage Community Mental Health Services, Compeer Program By Senator Ellis; Representatives Brown, B.Davis, G.Davis, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Toohey, Ulmer, Willis RECONSIDERATION HB 66 Representative Willis brought up reconsideration of the vote on CSHB 66(FIN)am (page 916). The following was again before the House in third reading: 1993-04-02 House Journal Page 0949 HB 66 CS FOR HOUSE BILL NO. 66(FIN) am "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." Representative Brown moved and asked unanimous consent that CSHB 66(FIN)am be returned to second reading for the specific purpose of considering Amendment No. 17. There being no objection, it was so ordered. Amendment No. 17 was offered by Representatives Brown and Parnell: Page 2, lines 26 and 27: Delete "for the same property and, if" Insert "to a qualified resident for one property annually. If" Representative Brown moved and asked unanimous consent that Amendment No. 17 be adopted. Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. Representative Willis moved and asked unanimous consent that CSHB 66(FIN)am be returned to the Finance Committee. Objections were heard. The question being: "Shall CSHB 66(FIN)am be returned to the Finance Committee?" The roll was taken with the following result: CSHB 66(FIN)am - RECONSIDERATION Third Reading Return to Finance Committee YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 1993-04-02 House Journal Page 0950 HB 66 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice And so, the motion failed. Representative Navarre moved and asked unanimous consent that CSHB 66(FIN)am be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 3. Representative Phillips objected. The question being: "Shall CSHB 66(FIN)am be returned to second reading?" The roll was taken with the following result: CSHB 66(FIN)am - RECONSIDERATION Third Reading Return to Second Reading Rescind - Amendment No. 3 YEAS: 17 NAYS: 22 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice And so, the motion failed. 1993-04-02 House Journal Page 0951 HB 66 The question to be reconsidered: "Shall CSHB 66(FIN)am pass the House?" The roll was taken with the following result: CSHB 66(FIN)am - RECONSIDERATION Third Reading Final Passage YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis Excused: Brice Mackie changed from "Yea" to "Nay". And so, CSHB 66(FIN)am passed the House on reconsideration. Representative Phillips moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 66(FIN)am - RECONSIDERATION Third Reading Effective Date YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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, Williams, Willis 1993-04-02 House Journal Page 0952 HB 66 Nays: Vezey Excused: Brice And so, the effective date clause was adopted. CSHB 66(FIN)am was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Hoffman - from 5:00 p.m., April 5 to 8:45 p.m., plane time, April 12, 1993 Representative MacLean - from 6:50 a.m., April 5 to 5:24 p.m., April 8, 1993 There being no objection, it was so ordered. HB 4 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: 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." HB 148 Representative Porter moved and asked unanimous consent that the Judiciary Committee referral on the following be waived: HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date." 1993-04-02 House Journal Page 0953 HB 148 Representative Finkelstein objected and withdrew the objection. There being no further objection, the Speaker waived the Judiciary Committee referral. HB 148 is in the Health, Education & Social Services Committee. ENGROSSMENT HB 66 CSHB 66(FIN)am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 96 HB 96 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 158 CSHB 158(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 171 CSHB 171(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 225 HB 225 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS Health, Education & Social Services Committee HB 210, HB 195 Capitol 106 3:00 p.m., 4/2 HB 30 CANCELED Representative Phillips moved and asked unanimous consent that the House recess until 5:00 p.m., for a technical session. There being no objection, it was so ordered, and the House recessed at 12:09 p.m. 1993-04-02 House Journal Page 0954 AFTER RECESS The House was called back to order at 5:11 p.m. The following members were present for the technical session: Representative Barnes Representative James Representative Martin Representative Moses Representative Navarre Representative Nicholia Representative Phillips Representative Toohey Representative Vezey The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated April 2, 1993, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 86 SENATE BILL NO. 86 by Senator Kerttula, entitled: "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. SB 112 CS FOR SENATE BILL NO. 112(JUD) by Senator Kerttula, entitled: "An Act relating to the Uniform Commercial Code; amending Alaska Rules of Civil Procedure 8 and 82, and Alaska Rule of Evidence 402; and providing for an effective date." 1993-04-02 House Journal Page 0955 SB 112 was read the first time and referred to the Labor & Commerce and Judiciary Committees. SB 149 CS FOR SENATE BILL NO. 149(FIN) by the Senate Labor & Commerce Committee, entitled: "An Act revising the laws governing financial institutions and relating to trust companies, the Alaska Small Loans Act, and the Premium Financing Act; amending Alaska Rule of Criminal Procedure 17 and Alaska Rule of Civil Procedure 45(b); and providing for an effective date." was read the first time and referred to the Labor & Commerce and Judiciary Committees. REPORTS OF STANDING COMMITTEES HB 54 The Judiciary Committee has considered: HOUSE BILL NO. 54 "An Act relating to eavesdropping, telephone caller identification, and telephone directory listings and solicitations." and recommends it be replaced with: CS FOR HOUSE BILL NO. 54(L&C) "An Act relating to telephone caller identification; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Porter, Phillips, Nordlund No recommendation (2): Kott, James The following fiscal note applies to CSHB 54(L&C): 1993-04-02 House Journal Page 0956 HB 54 Zero fiscal note, Dept. of Commerce & Economic Development, 3/17/93 HB 54 was referred to the Finance Committee. HB 55 The Finance Committee has considered: HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 55(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Foster, Larson, Hanley, Parnell, Martin, Therriault Amend (3): Grussendorf, Brown, Navarre HB 55 was referred to the Rules Committee for placement on the calendar. HB 148 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 148 "An Act exempting the University of Alaska from the administrative adjudication provisions of the Administrative Procedure Act; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (6): Kott, Vezey, G.Davis, Bunde, Toohey, Olberg 1993-04-02 House Journal Page 0957 HB 148 No recommendation (1): Nicholia Amend (1): B.Davis The following fiscal note applies to HB 148: Zero fiscal note, University of Alaska, 3/29/93 HB 148 was referred to the Rules Committee for placement on the calendar. SB 53 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 53(FIN) am(efd fld) "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." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): Toohey, B.Davis, Nicholia, Olberg Do not pass (2): Vezey, G.Davis No recommendation (1): Bunde The following fiscal notes apply to CSSB 53(FIN)am(efd fld): Senate fiscal notes (5), Dept. of Health & Social Services, 1/29/93 CSSB 53(FIN)am(efd fld) was referred to the Judiciary Committee. REPORTS OF SPECIAL COMMITTEES HB 230 The House Special Committee on Fisheries has considered: 1993-04-02 House Journal Page 0958 HB 230 HOUSE BILL NO. 230 "An Act relating to fees for commercial fishing licenses and permits." and recommends it be replaced with: CS FOR HOUSE BILL NO. 230(FSH) "An Act relating to fees for a commercial fishing vessel license." The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (1): Moses No recommendation (2): Phillips, Olberg The following fiscal note applies to CSHB 230(FSH): Fiscal note, Dept. of Fish & Game, 4/2/93 HB 230 was referred to the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 270 HOUSE BILL NO. 270 by the House Labor & Commerce Committee, entitled: "An Act extending the termination date of the Board of Examiners in Optometry; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 271 HOUSE BILL NO. 271 by the House Labor & Commerce Committee, entitled: "An Act extending the termination date of the Board of Public Accountancy; and providing for an effective date." 1993-04-02 House Journal Page 0959 HB 271 was read the first time and referred to the Finance Committee. HB 272 HOUSE BILL NO. 272 by the House Labor & Commerce Committee, entitled: "An Act extending the termination date of the Board of Chiropractic Examiners; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 273 HOUSE BILL NO. 273 by the House Health, Education & Social Services Committee by request, entitled: "An Act relating to health care benefits and to the Alaska Health Insurance Corporation; relating to hospitals; relating to certain insurers; relating to duties of the Department of Health and Social Services that are related to health care; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. HB 274 HOUSE BILL NO. 274 by the House Health, Education & Social Services Committee by request, entitled: "An Act relating to civil actions; amending Alaska Rule of Civil Procedure 68; repealing Alaska Rule of Civil Procedure 72.1; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. UNFINISHED BUSINESS HJR 38 Representative Sitton added his name as cosponsor to: 1993-04-02 House Journal Page 0960 HJR 38 HOUSE JOINT RESOLUTION NO. 38 Relating to the Alaska Maritime Heritage Foundation. HB 76 Representative Navarre added his name as cosponsor to: 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." HB 171 Representative Menard added his name as cosponsor to: CS FOR HOUSE BILL NO. 171(FIN) "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." HB 197 Representative Navarre added his name as cosponsor to: 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." HB 263 Representative Green added his name as cosponsor to: HOUSE BILL NO. 263 "An Act relating to a municipal property tax exemption for aircraft." ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1993-04-02 House Journal Page 0961 Representative Phillips announced that all amendments to HB 55 should be received in the Chief Clerk's office by 5:00 p.m., April 4, 1993. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 5, 1993. There being no objection, the House adjourned at 5:21 p.m. J.C. Shine Chief Clerk