Legislature(1993 - 1994)
1993-04-12 House Journal
Full Journal pdf1993-04-12 House Journal Page 1147 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday April 12, 1993 Ninety-second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:12 a.m. Roll call showed 29 members present. Representatives Brice, Davies, Grussendorf, Hoffman, Martin, Navarre, Sitton, Therriault and Ulmer had been previously excused from a call of the House today. Representatives MacLean and Menard were absent. The invocation was offered by the Chaplain, The Reverend Dr. Palmer Gedde of the Resurrection Lutheran Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty and Eternal God, the Father of us all: You have entrusted us with this precious place called Earth and all the resources therein. You have implored us to care for it and to care for each other. Empower us by Your Spirit so that the decisions we make might be to the benefit of all. In all matters help us to be faithful stewards, exercising wisdom and virtue that we might truly give glory and honor to Your Holy Name. For it is in Your Strong and Holy Name that we pray. In Jesus' Name. Amen." 1 1993-04-12 House Journal Page 1148 The Pledge of Allegiance was led by Representative Vezey. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 88th, 89th, 90th and 91st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. UNFINISHED BUSINESS HB 55 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1134) on the following at this time: CS FOR HOUSE BILL NO. 55(FIN) "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 SENATE CS FOR CS FOR HOUSE BILL NO. 55(RLS) am S(efd fld S) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 55(FIN), thus adopting SCS CSHB 55(RLS) am S(efd fld S), and recommended that the members vote no. ***The presence of Representative MacLean was noted. The question being: "Shall the House concur in the Senate amendment to CSHB 55(FIN)?" The roll was taken with the following result: 1993-04-12 House Journal Page 1149 HB 55 SCS CSHB 55(RLS) am S(efd fld S) Concur YEAS: 0 NAYS: 30 EXCUSED: 9 ABSENT: 1 Nays: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Excused: Brice, Davies, Grussendorf, Hoffman, Martin, Navarre, Sitton, Therriault, Ulmer Absent: Menard And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 55(RLS) am S(efd fld S). The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. REPORTS OF STANDING COMMITTEES HB 216 The Finance Committee has considered: HOUSE BILL NO. 216 "An Act relating to power cost equalization; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 216(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: 1993-04-12 House Journal Page 1150 HB 216 Do pass (4): MacLean, Larson, Hanley, Parnell No recommendation (1): Martin Amend (2): Foster, Therriault The following fiscal note applies to CSHB 216(FIN): Zero fiscal note, House Finance Committee/Dept. of Commerce & Economic Development, 4/12/93 HB 216 was referred to the Rules Committee for placement on the calendar. HB 252 The Labor & Commerce Committee has considered: HOUSE BILL NO. 252 "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Porter, Mackie, Hudson No recommendation (1): Green The following fiscal note applies to HB 252: Fiscal note, Dept. of Commerce & Economic Development, 4/12/93 HB 252 was referred to the Resources Committee. 1993-04-12 House Journal Page 1151 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Duncan Metoyer, with a Badge of Courage Citation By Representative B.Davis Honoring - Melissa Janis Wolcott By Representative Bunde In Memoriam - Jacob "Jack" Hoogendorn By Representative Foster; Senator Adams In Memoriam - Audrey O. Ausdahl By Senator Lincoln INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 281 HOUSE BILL NO. 281 by Representative Hudson, entitled: "An Act 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 and Resources Committees. HB 282 HOUSE BILL NO. 282 by the House Judiciary Committee, entitled: "An Act relating to civil nuisance actions; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 1993-04-12 House Journal Page 1152 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 2 The following was read the second time: HOUSE BILL NO. 2 "An Act requiring drug and alcohol tests for school bus drivers." with the: Journal Page HES RPT 5DP 4NR 284 -FISCAL NOTE (DOE) 2/10/93 284 JUD RPT 5DP 567 LETTER OF INTENT WITH JUD REPORT 567 -PREVIOUS FN (DOE) 2/10/93 568 FIN RPT CS(FIN) 2DP 2DNP 5NR 778 ADOPT JUDICIARY LETTER OF INTENT 778 -FISCAL NOTE (DOE) 3/26/93 778 RLS RPT CS(RLS) 5DP 1NR 1058 JUD LETTER OF INTENT WITH RLS REPORT 1058 -PREVIOUS FN (DOE) 3/26/93 1059 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. 2(RLS) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 2(RLS) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 2(RLS) was read the third time. The question being: "Shall CSHB 2(RLS) pass the House?" The roll was taken with the following result: 1993-04-12 House Journal Page 1153 HB 2 CSHB 2(RLS) Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 9 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Excused: Brice, Davies, Grussendorf, Hoffman, Martin, Navarre, Sitton, Therriault, Ulmer Absent: Menard And so, CSHB 2(RLS) passed the House and was referred to the Chief Clerk for engrossment. HB 136 The following was read the second time: HOUSE BILL NO. 136 "An Act relating to the offenses of driving while intoxicated and refusal to submit to a breath test; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NEW TITLE 3DP 6NR 543 -FISCAL NOTE (CORR) 3/5/93 543 -2 ZERO FNS (DPS, LAW) 3/5/93 543 JUD RPT CS(JUD) NEW TITLE 5DP 783 -REVENUE FISCAL NOTE (DPS) 3/26/93 783 -2 ZERO FISCAL NOTES(ADM) 3/26/93 783 -PREVIOUS FN (CORR) 3/5/93 783 -PREVIOUS ZERO FN (LAW) 3/5/93 783 1993-04-12 House Journal Page 1154 HB 136 FIN RPT CS(FIN) NEW TITLE 3DP 5NR 1060 -PREVIOUS REVENUE FN (DPS) 3/26/93 1061 -PREVIOUS FN (CORR) 3/5/93 1061 -2 PREVIOUS ZERO FNS (ADM) 3/26/93 1061 -PREVIOUS ZERO FN (LAW) 3/5/93 1061 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. 136(FIN) "An Act relating to revocation of and limitations on a driver's license; to the offenses of driving while intoxicated and refusal to submit to a breath test; imposing a limited license fee; amending Alaska Rule of Civil Procedure 32(b); and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 136(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 136(FIN) was read the third time. The question being: "Shall CSHB 136(FIN) pass the House?" The roll was taken with the following result: CSHB 136(FIN) Third Reading Final Passage YEAS: 30 NAYS: 0 EXCUSED: 9 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis 1993-04-12 House Journal Page 1155 HB 136 Excused: Brice, Davies, Grussendorf, Hoffman, Martin, Navarre, Sitton, Therriault, Ulmer Absent: Menard And so, CSHB 136(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 court rule change. There being no objection, it was so ordered. 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 Davidson gave notice of reconsideration of his vote on CSHB 136(FIN). HB 217 The following was read the second time: HOUSE BILL NO. 217 "An Act relating to Native corporation dividends and other distributions due to minors in state custody." with the: Journal Page HES RPT 5DP 1DNP 2NR 789 -ZERO FISCAL NOTE (DHSS) 3/26/93 789 JUD RPT CS(JUD) NEW TITLE 5DP 1NR 1064 -ZERO FISCAL NOTE (DCED) 4/7/93 1064 -PREVIOUS ZERO FN (DHSS) 3/26/93 1064 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. 217(JUD) "An Act relating to Native corporation dividends and other distributions due to minors in the custody of a state." 1993-04-12 House Journal Page 1156 HB 217 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 217(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 217(JUD) was read the third time. ***The presence of Representative Martin was noted. The question being: "Shall CSHB 217(JUD) pass the House?" The roll was taken with the following result: CSHB 217(JUD) Third Reading Final Passage YEAS: 31 NAYS: 0 EXCUSED: 8 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Excused: Brice, Davies, Grussendorf, Hoffman, Navarre, Sitton, Therriault, Ulmer Absent: Menard And so, CSHB 217(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 221 The following was read the second time: 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." 1993-04-12 House Journal Page 1157 HB 221 with the: Journal Page CRA RPT 6DP 872 -2 ZERO FISCAL NOTES(ADM, LABOR) 3/31/93 872 L&C RPT 7DP 931 -2 PREVIOUS ZERO FNS(LABOR, ADM) 3/31/93 932 FIN RPT 4DP 4NR 1065 -2 PREVIOUS ZERO FNS(LABOR, ADM) 3/31/93 1065 Representative Phillips moved and asked unanimous consent that HB 221 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 221 was read the third time. ***The presence of Representative Menard was noted. The question being: "Shall HB 221 pass the House?" The roll was taken with the following result: HB 221 Third Reading Final Passage YEAS: 30 NAYS: 2 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Williams, Willis Nays: Martin, Vezey Excused: Brice, Davies, Grussendorf, Hoffman, Navarre, Sitton, Therriault, Ulmer And so, HB 221 passed the House. 1993-04-12 House Journal Page 1158 HB 221 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. HB 221 was referred to the Chief Clerk for engrossment. HB 4 The following was read the second time: 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." with the: Journal Page HES RPT 4DP 1DNP 3NR 586 -2 FISCAL NOTES (DCED, CORR) 3/10/93 586 -3 ZERO FNS (DHSS, ADM, ADM) 3/10/93 586 JUD RPT CS(JUD) NEW TITLE 3DP 3NR 752 -ZERO FISCAL NOTE (CORR) 3/24/93 752 -PREVIOUS FN (DCED) 3/10/93 752 -3 PREVIOUS ZERO FNS (ADM, ADM, DHSS)3/1O 752 FIN REFERRAL WAIVED 952 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. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 4(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 4(JUD) was read the third time. 1993-04-12 House Journal Page 1159 HB 4 The question being: "Shall CSHB 4(JUD) pass the House?" The roll was taken with the following result: CSHB 4(JUD) Third Reading Final Passage YEAS: 31 NAYS: 1 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Nays: Martin Excused: Brice, Davies, Grussendorf, Hoffman, Navarre, Sitton, Therriault, Ulmer And so, CSHB 4(JUD) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 254 The following, which was advanced to third reading from the April 8, 1993, calendar (page 1128), was read the third time: CS FOR HOUSE BILL NO. 254(JUD) am "An Act relating to open meetings of governmental bodies; and amending Rules 79 and 82 of the Alaska Rules of Civil Procedure." The question being: "Shall CSHB 254(JUD)am pass the House?" The roll was taken with the following result: 1993-04-12 House Journal Page 1160 HB 254 CSHB 254(JUD) am Third Reading Final Passage YEAS: 22 NAYS: 10 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey Nays: Brown, Carney, Davidson, B.Davis, Finkelstein, Menard, Nicholia, Nordlund, Williams, Willis Excused: Brice, Davies, Grussendorf, Hoffman, Navarre, Sitton, Therriault, Ulmer And so, CSHB 254(JUD)am passed the House. Representative Phillips moved the court rule changes. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: CSHB 254(JUD) am Third Reading Court Rule Changes YEAS: 20 NAYS: 12 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Toohey, Vezey Nays: Brown, Carney, Davidson, B.Davis, Finkelstein, Mackie, Menard, Nicholia, Nordlund, Parnell, Williams, Willis Excused: Brice, Davies, Grussendorf, Hoffman, Navarre, Sitton, Therriault, Ulmer 1993-04-12 House Journal Page 1161 HB 254 And so, lacking the necessary 27 votes, the court rule changes were not adopted. Representative Mackie gave notice of reconsideration of his vote on CSHB 254(JUD) am(ct rule fld). SECOND READING OF HOUSE RESOLUTIONS HJR 27 The following was read the second time: HOUSE JOINT RESOLUTION NO. 27 Relating to an amendment to the Constitution of the United States prohibiting desecration of the Flag of the United States. with the: Journal Page JUD RPT 5DP 1NR 1057 -ZERO FISCAL NOTE (H.JUD/NONE) 4/7/93 1057 Representative Phillips moved and asked unanimous consent that HJR 27 be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The Speaker placed a call of the House. Representative Brown withdrew the objection. There being no further objection, HJR 27 was advanced to third reading. HJR 27 was read the third time. The call was satisfied. The question being: "Shall HJR 27 pass the House?" The roll was taken with the following result: 1993-04-12 House Journal Page 1162 HJR 27 HJR 27 Third Reading Final Passage YEAS: 29 NAYS: 3 EXCUSED: 8 ABSENT: 0 Yeas: Barnes, Bunde, Carney, Davidson, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Nays: Brown, B.Davis, Finkelstein Excused: Brice, Davies, Grussendorf, Hoffman, Navarre, Sitton, Therriault, Ulmer And so, HJR 27 passed the House. Representative B.Davis gave notice of reconsideration of her vote on HJR 27. 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 - Kenai Youth Litter Patrol, AlPar's 1992 Outstanding Youth Litter Patrol By Representatives Navarre, Nicholia, Bunde, B.Davis, Green, Mackie, Menard, Parnell, Phillips, Toohey, Willis; Senator Salo Honoring - Coach Bob Maguire By Representatives Nicholia, B.Davis, Mackie, MacLean, Menard, Willis; Senator Lincoln Honoring - Vernon C. Fredericks By Senator Leman; Representatives Vezey, B.Davis, Menard, Toohey 1993-04-12 House Journal Page 1163 Honoring - Roland R. Reiswig, 1993 Safety Professional of the Year By Senator Leman; Representatives Green, B.Davis, MacLean, Menard, Nicholia, Parnell, Vezey, Willis In Memoriam - Patrick "Tinmialuk" Atungana By Representatives MacLean, B.Davis, Foster, Mackie, Menard, Nicholia, Willis; Senator Adams In Memoriam - Rose "Illiapak" Leavitt By Representatives MacLean, B.Davis, Foster, Mackie, Menard, Nicholia, Willis; Senator Adams In Memoriam - Louise Rude By Representatives Sanders, Porter, Brown, Martin, B.Davis, Foster, Hanley, Larson, Mackie, Menard, Nicholia, Nordlund, Parnell, Toohey, Willis UNFINISHED BUSINESS HB 2 Representative Phillips moved and asked unanimous consent that the House adopt the Judiciary Committee Letter of Intent (page 567) on the following: CS FOR HOUSE BILL NO. 2(RLS) "An Act requiring drug and alcohol tests for school bus drivers." There being no objection, it was so ordered. CSHB 2(RLS) passed the House (page 1153). HB 4 Representative Menard added his name as cosponsor to: CS FOR HOUSE BILL NO. 4(JUD) "An Act relating to failure to report harm or assaults of the elderly or disabled." 1993-04-12 House Journal Page 1164 HB 221 Representative Mulder added his name as cosponsor to: 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." HB 263 Representative B.Davis added her name as cosponsor to: HOUSE BILL NO. 263 "An Act relating to a municipal property tax exemption for aircraft." ENGROSSMENT HB 2 CSHB 2(RLS) was engrossed, signed by the Speaker and Chief Clerk and transmitted with a letter of intent to the Senate for consideration. HB 4 CSHB 4(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 217 CSHB 217(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 221 HB 221 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT HB 120 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:15 p.m., April 12, 1993: 1993-04-12 House Journal Page 1165 HB 120 HOUSE BILL NO. 120 "An Act changing the date by which jury lists must be prepared; requiring the use of the list of the current year's permanent fund dividend applicants in preparing the jury list; and changing the date by which state departments must submit certain lists to the Alaska Court System." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Health, Education & Social Services Committee HELD OVER: SB 71 3:00 p.m., 4/12 Strategy Meeting with Committee Chairs Speaker's Chamber upon adj, 4/12 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 13, 1993. There being no objection, the House adjourned at 11:06 a.m. J.C. Shine Chief Clerk