Legislature(1993 - 1994)
1993-04-20 House Journal
Full Journal pdf1993-04-20 House Journal Page 1345 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Tuesday April 20, 1993 One Hundredth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:13 a.m. Roll call showed 32 members present. Representatives Brown, Davidson, Finkelstein, Hanley, Larson, MacLean, Martin and Navarre were absent. The invocation was offered by the Chaplain, Reverend Jon Paden of the Juneau Church of Christ. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dearest God, Thank You for life and its promises. Thank You for the opportunities You provide us to serve all Alaska's people. May we complete this, Your provision, in a manner well pleasing to You. Sometimes we are weary. Continue to refresh us for the task yet ahead. Continue to renew the vision of our service rendered on behalf of the people. May this service be such that our children, then grown, will look back upon our labors in gratitude. May it be such that the elderly will bless us. We ask Your comfort for surviving family and friends of the folks in the South Dakota and Waco tragedies. I come to You in the name of every good promise fulfilled, Jesus Christ. Amen." 1 1993-04-20 House Journal Page 1346 The Pledge of Allegiance was led by Representative Nicholia. Representative Bunde led the House in a moment of silence for the lives of the children lost in the Koresh compound tragedy. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 99th 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 April 20, 1993, was received stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 4 SENATE CONCURRENT RESOLUTION NO. 4 by Senator Taylor: Relating to the Alaska Supreme Court's interpretation of Alaska Rule of Civil Procedure 82 and requesting that the court modify its interpretation of that rule. was read the first time and referred to the Judiciary Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 178 CS FOR SENATE BILL NO. 178(JUD) am(efd fld) by the Senate Judiciary Committee, entitled: "An Act relating to civil nuisance actions." was read the first time and referred to the Judiciary and Finance Committees. 1993-04-20 House Journal Page 1347 REPORTS OF STANDING COMMITTEES The Transportation Committee has reviewed the nomination of the following appointee: Bruce A. Campbell as Commissioner, Department of Transportation and Public Facilities. Recommending confirmation: Foster, Vezey, Hudson, Menard, Mackie, Mulder, G.Davis The report was signed by Representative Foster, Chair. ***The presence of Representatives Navarre and Finkelstein was noted. HB 119 The Finance Committee has considered: HOUSE BILL NO. 119 "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Department of Corrections to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 119(JUD) "An Act authorizing a sentencing court to impose a sentence of a day fine instead of a sentence of imprisonment on a defendant convicted of a misdemeanor; directing the Alaska Supreme Court to develop and implement a day fine plan; requiring the Alaska Court System to report to the legislature on the use of day fines; amending Alaska Rule of Criminal Procedure 32; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: 1993-04-20 House Journal Page 1348 HB 119 Do pass (7): MacLean, Larson, Grussendorf, Hoffman, Navarre, Brown, Foster No recommendation (4): Hanley, Martin, Parnell, Therriault The following fiscal notes apply to CSHB 119(JUD): Fiscal note, Alaska Court System, 3/12/93 Zero fiscal note, Dept. of Public Safety, 4/8/93 Zero fiscal note, Dept. of Law, 3/12/93 Zero fiscal notes (2), Dept. of Administration, 4/8/93 HB 119 was referred to the Rules Committee for placement on the calendar. HB 132 The Judiciary 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(JUD) "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 Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, Porter, Phillips No recommendation (1): Davidson 1993-04-20 House Journal Page 1349 HB 132 The following fiscal note applies to CSHB 132(JUD): Zero fiscal note, Dept. of Natural Resources, 3/30/93 HB 132 was referred to the Finance Committee. ***The presence of Representative Brown was noted. HB 187 The Judiciary 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 Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, Green, Kott The following fiscal notes apply to HB 187: Indeterminate fiscal note, Dept. of Administration, 3/1/93 Fiscal note, Dept. of Public Safety, 4/2/93 Zero fiscal note, Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Law, 3/1/93 HB 187 was referred to the Finance Committee. HB 188 The Judiciary Committee has considered: HOUSE BILL NO. 188 "An Act relating to forfeiture of certain property; and providing for an effective date." 1993-04-20 House Journal Page 1350 HB 188 and recommends it be replaced with: CS HOUSE BILL NO. 188(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, James, Porter No recommendation (1): Nordlund The following fiscal notes apply to CSHB 188(JUD): Zero fiscal notes (2), Dept. of Administration, 3/1/93 Zero fiscal note, Dept. of Public Safety, 3/1/93 Zero fiscal note, Dept. of Law, 3/1/93 HB 188 was referred to the Finance Committee. HB 209 The State Affairs Committee has considered: HOUSE BILL NO. 209 "An Act relating to community health aide grants." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott The following fiscal note applies to HB 209: Zero fiscal note, Dept. of Health & Social Services, 4/7/93 HB 209 was referred to the Finance Committee. 1993-04-20 House Journal Page 1351 HB 280 The State Affairs Committee has considered: HOUSE BILL NO. 280 "An Act adopting the Uniform Custodial Trust Act." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): B.Davis, Ulmer, Sanders, G.Davis No recommendation (2): Vezey, Kott The following fiscal notes apply to HB 280: Zero fiscal note, Dept. of Law, 4/20/93 Zero fiscal note, Alaska Court System, 4/20/93 HB 280 was referred to the Judiciary Committee. SB 84 The Judiciary Committee has considered: SENATE BILL NO. 84 am "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." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, Porter, Phillips No recommendation (1): Davidson The following fiscal note applies to SB 84 am: Fiscal note, Dept. of Public Safety, 4/20/93 SB 84 am was referred to the Finance Committee. 1993-04-20 House Journal Page 1352 SB 85 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 85(FIN) am "An Act deleting a requirement that certain members of the board of directors of the Alaska Tourism Marketing Council be substantially involved in a visitor or recreation industry business; relating to the selection of a presiding officer for the Alaska Tourism Marketing Council; requiring that the council's tourism marketing program include promotion of the state as a destination and promotion of all forms of travel to the state, including travel by air, highway, and water; extending the termination date of the Alaska Tourism Marketing Council; requiring the council to consider methods to fund tourism marketing using both public and private assets and to consider methods to provide for the financial self-sufficiency of the council; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott The following fiscal note applies to CSSB 85(FIN) am: Senate zero fiscal note, Dept. of Commerce & Economic Development, 4/6/93 CSSB 85(FIN) am was referred to the Finance Committee. SB 86 The Judiciary Committee has considered: SENATE BILL NO. 86 "An Act relating to funds transfers under the Uniform Commercial Code; changing Alaska Rule of Civil Procedure 82; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, Kott, Green 1993-04-20 House Journal Page 1353 SB 86 The following fiscal notes apply to SB 86: Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/3/93 Senate zero fiscal note, Dept. of Law, 3/3/93 SB 86 was referred to the Rules Committee for placement on the calendar. SB 112 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 112(JUD) "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." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Porter, Phillips, Kott, Green The following fiscal notes apply to CSSB 112(JUD): Senate zero fiscal note, Dept. of Natural Resources, 3/22/93 Senate zero fiscal note, Dept. of Law, 3/5/93 Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/5/93 CSSB 112(JUD) was referred to the Rules Committee for placement on the calendar. SB 149 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 149(FIN) "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." 1993-04-20 House Journal Page 1354 SB 149 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 149(L&C) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, Green, Porter, Phillips The following fiscal note applies to HCS CSSB 149(L&C): Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/22/93 CSSB 149(FIN) was referred to the Rules Committee for placement on the calendar. SB 174 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 174(L&C) am "An Act exempting certain taxicab operators from coverage under the Alaska Wage and Hour Act, the Alaska Employment Security Act, and the Alaska Workers' Compensation Act; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott The following fiscal note applies to CSSB 174(L&C) am: Senate zero fiscal note, Dept. of Labor, 4/1/93 CSSB 174(L&C) am was referred to the Rules Committee for placement on the calendar. ***The presence of Representatives Hanley and Larson was noted. 1993-04-20 House Journal Page 1355 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Glennallen Elementary 3rd and 4th Grade, Battle of the Books State Champions By Representative Olberg Honoring - Kenneth Parks By Representative James In Memoriam - Marvin Beyer By Senator Leman INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 20 HOUSE CONCURRENT RESOLUTION NO. 20 by Representative Mulder: Establishing a task force on schools on military bases. was read the first time and referred to the Rules Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 286 HOUSE BILL NO. 286 by Representative Carney, entitled: "An Act relating to certain activities within rivers, lakes, and streams that are important for spawning, rearing, or migration of anadromous fish." was read the first time and referred to the House Special Committee on Fisheries, Resources, Judiciary and Finance Committees. 1993-04-20 House Journal Page 1356 HB 287 HOUSE BILL NO. 287 by Representatives Larson and Carney, entitled: "An Act relating to municipal property tax limitations; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Judiciary and Finance Committees. HB 288 HOUSE BILL NO. 288 by Representatives MacLean and Phillips, entitled: "An Act relating to acquisition of tenure rights." was read the first time and referred to the Health, Education & Social Services, Labor & Commerce and Finance Committees. ***The presence of Representative Davidson was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 1 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 1 "An Act establishing a motor vehicle recycling grant fund and a motor vehicle recycling registration fee; and providing for an effective date." with the: Journal Page RES REFERRAL WAIVED 691 CRA RPT CSSS(CRA) 7DP 726 -2 FISCAL NOTES (DOT, DPS) 3/22/93 726 FIN RPT CSSS(CRA) 4DP 7NR 866 -FISCAL NOTE (DPS) 3/31/93 867 -ZERO FISCAL NOTE (DEC) 3/31/93 867 -PREVIOUS FN (DOT) 3/22/93 867 1993-04-20 House Journal Page 1357 HB 1 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 1(CRA) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSSSHB 1(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 1(CRA) was read the third time. The question being: "Shall CSSSHB 1(CRA) pass the House?" The roll was taken with the following result: CSSSHB 1(CRA) Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, James, Larson, Mackie, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Toohey, Ulmer, Williams, Willis Nays: Barnes, Hanley, Kott, Parnell, Sitton, Therriault, Vezey Absent: MacLean, Martin And so, CSSSHB 1(CRA) 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. 1993-04-20 House Journal Page 1358 HB 1 CSSSHB 1(CRA) was referred to the Chief Clerk for engrossment. HB 92 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92 "An Act relating to notaries; and providing for an effective date." with the: Journal Page L&C RPT CSSS(L&C) 1DP 3NR 210 -ZERO FISCAL NOTE (GOV) 2/3/93 211 JUD RPT CSSS(JUD) 5DP 1NR 1252 -PREVIOUS ZERO FN (GOV) 2/3/93 1253 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92(JUD) (same title) There being no objection, it was so ordered. ***The presence of Representatives Martin and MacLean was noted. Amendment No. 1 was offered by Representative Brown: Page 3, line 19: Delete "(a) Unless the notary is an" Page 3, lines 20 - 25: Delete all material. Page 3, line 26: Delete "(c)" 1993-04-20 House Journal Page 1359 HB 92 Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Therriault objected. Representative Brown placed a call of the House on the amendments and bill. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Therriault Representative Parnell Representative Porter Representative Mulder Representative Ulmer Objections were heard, and they were required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSSHB 92(JUD) Second Reading Amendment No. 1 YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Kott, Larson, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Sanders, Sitton, Ulmer, Williams, Willis Nays: Brice, G.Davis, Foster, Green, Hanley, James, Mackie, Moses, Olberg, Parnell, Phillips, Porter, Therriault, Toohey, Vezey Kott changed from "Nay" to "Yea" And so Amendment No. 1 was adopted. Representative Brown lifted the call. 1993-04-20 House Journal Page 1360 HB 92 Amendment No. 2 was offered by Representative Brown: Page 4, line 22, after ".": Insert "The fee shall be established under AS 09.25.110 insofar as it relates to public officers having custody of public records." Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Brown: Page 4, line 5, after "and": Insert ", except as provided in AS 44.50.100," Page 4, line 23, after "the notary": Insert "except as provided in AS 44.50.100" Page 4, line 30, after "address": Insert "and may surrender the notary's seal and journal to the lieutenant governor" Page 5, line 2, after "located": Insert "and may surrender the notary's seal and journal to the lieutenant governor" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Amendment No. 4 was offered by Representatives Therriault and Davidson: Page 3, line 5, after ";": Insert "or" Page 3, lines 6 - 8: Delete all material. 1993-04-20 House Journal Page 1361 HB 92 Renumber following paragraph accordingly. Page 3, line 19: Delete "(a) Unless the notary is an" Page 3, lines 20 - 25: Delete all material. Page 3, line 26: Delete "(c)" Representative Therriault moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Amendment No. 5 was not offered. Representative Phillips moved and asked unanimous consent that CSSSHB 92(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 92(JUD) am was read the third time. The question being: "Shall CSSSHB 92(JUD) am pass the House?" The roll was taken with the following result: CSSSHB 92(JUD) am Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1993-04-20 House Journal Page 1362 HB 92 Nays: Mulder, Sitton, Ulmer And so, CSSSHB 92(JUD) am 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. CSSSHB 92(JUD) am was referred to the Chief Clerk for engrossment. HB 93 The following was read the second time: HOUSE BILL NO. 93 "An Act relating to the village public safety officers program." with the: Journal Page CRA RPT CS(CRA) 7DP 781 -ZERO FISCAL NOTE (DPS) 3/26/93 782 JUD RPT CS(CRA) 6DP 1NR 1059 -PREVIOUS ZERO FN (DPS) 3/26/93 1060 FIN RPT CS(CRA) 7DP 1NR 1279 -PREVIOUS ZERO FN (DPS) 3/26/93 1279 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. 93 (CRA) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 93(CRA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 93(CRA) was read the third time. 1993-04-20 House Journal Page 1363 HB 93 The question being: "Shall CSHB 93(CRA) pass the House?" The roll was taken with the following result: CSHB 93(CRA) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, 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, Toohey, Ulmer, Vezey, Williams, Willis Absent: Therriault And so, CSHB 93(CRA) passed the House and was referred to the Chief Clerk for engrossment. HB 160 The following was read the second time: HOUSE BILL NO. 160 "An Act relating to the time for filing certain civil actions; and providing for an effective date." with the: Journal Page L&C RPT 5DP 517 -2 ZERO FISCAL NOTES (COURT, LAW) 3/3/93 518 JUD RPT 4DP 2DNP 822 -2 PREVIOUS ZERO FNS (COURT, LAW) 3/3/93 823 Amendment No. 1 was offered by Representative Brown: Page 3, line 9, after "year": Insert "or a subsequent year" 1993-04-20 House Journal Page 1364 HB 160 Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Green objected. ANNOUNCEMENTS Majority Caucus 12:30 pm, 4/20 Minority Caucus 12:30 pm, 4/20 Representative Phillips moved and asked unanimous consent that the House recess until 5:00 p.m. There being no objection, the House recessed at 11:55 a.m. AFTER RECESS The House was called back to order at 5:11 p.m. SECOND READING OF HOUSE BILLS (continued) HB 160 Amendment No. 1 was again before the House. Representative Brown placed a call of the House on the amendment. The Speaker stated the call was satisfied. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 160 Second Reading Amendment No. 1 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 1993-04-20 House Journal Page 1365 HB 160 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brown: Page 3, line 26: Delete "accruing" Insert "based on a defect that occurs in the design, planning, supervision, construction, or inspection or observation of construction of an improvement to real property" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Phillips objected. Representative Brown moved and asked unanimous consent that she be allowed to abstain from voting due to a conflict of interest. Objection was heard, and Representative Brown was required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 160 Second Reading Amendment No. 2 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis 1993-04-20 House Journal Page 1366 HB 160 Nays: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 1, line 4, through Page 2, line 22: Delete all material. Page 2, line 23: Delete "* Sec. 2." Insert "* Section 1." Renumber the following bill sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HB 160 Second Reading Amendment No. 3 YEAS: 20 NAYS: 20 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. 1993-04-20 House Journal Page 1367 HB 160 Amendment No. 4 was offered by Representative Nordlund: Page 3, line 18: Delete "gross" Representative Nordlund moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HB 160 Second Reading Amendment No. 4 YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Brown: Page 3, following line 21: Insert a new paragraph to read: "(4) to public works projects funded by state or local governments." Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. 1993-04-20 House Journal Page 1368 HB 160 The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HB 160 Second Reading Amendment No. 5 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 5 was not adopted. Representative Phillips moved and asked unanimous consent that HB 160 be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The question being: "Shall HB 160 be advanced to third reading on the same day?" The roll was taken with the following result: HB 160 Second Reading Advance to Third Reading YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams 1993-04-20 House Journal Page 1369 HB 160 Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis And so, lacking the necessary 30 votes, HB 160 failed to advance and will be in third reading on the April 21, 1993, calendar. HB 179 The following was read the second time: HOUSE BILL NO. 179 "An Act relating to motor vehicles and mobile homes: and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 2DP 4NR 680 -FISCAL NOTE (DPS) 3/17/93 680 FIN RPT CS(FIN) 4DP 3DNP 1NR 1AM 1253 -FISCAL NOTE (DPS) 4/15/93 1254 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. 179(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 179(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 179(FIN) was read the third time. Representative Phillips moved and asked unanimous consent that CSHB 179(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 1993-04-20 House Journal Page 1370 HB 179 Amendment No. 1 was offered by Representatives Mackie, Phillips and Grussendorf: Page 2, line 17, following "department.": Delete "The department may also design and issue special registration plates depicting Alaska plant life, fish, wildlife, geography, history, or other depictions of the state." Representative Mackie moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 179(FIN) Second Reading Amendment No. 1 YEAS: 26 NAYS: 13 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Carney, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Mackie, MacLean, Martin, Menard, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams, Willis Nays: Brown, Bunde, Davidson, B.Davis, Finkelstein, Kott, Larson, Moses, Mulder, Navarre, Nordlund, Therriault, Ulmer Absent: Nicholia And so, Amendment No. 1 was adopted. The question being: "Shall CSHB 179(FIN) am pass the House?" The roll was taken with the following result: 1993-04-20 House Journal Page 1371 HB 179 CSHB 179(FIN) am Third Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Brown, Bunde, B.Davis, G.Davis, Foster, Green, Hudson, James, Larson, Mackie, MacLean, Menard, Moses, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Nays: Barnes, Brice, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hanley, Hoffman, Kott, Martin, Mulder, Navarre, Parnell, Therriault Absent: Nicholia Barnes changed from "Yea" to "Nay". Carney changed from "Yea" to "Nay". And so, CSHB 179(FIN) am passed the House. Representative Phillips moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 179(FIN) am Third Reading Effective Date Clauses YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Davidson, Martin 1993-04-20 House Journal Page 1372 HB 179 Absent: Nicholia And so, the effective date clauses were adopted. Representative Martin gave notice of reconsideration of his vote on CSHB 179(FIN) am. HB 211 The following was read the second time: HOUSE BILL NO. 211 "An Act relating to the municipal tax exemption for inventories intended for export." with the: Journal Page CRA RPT 5DP 2NR 931 -ZERO FISCAL NOTE (DCRA) 4/2/93 931 JUD RPT 4DP 1254 -PREVIOUS ZERO FN (DCRA) 4/2/93 1254 Representative Phillips moved and asked unanimous consent that HB 211 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 211 was read the third time. The question being: "Shall HB 211 pass the House?" The roll was taken with the following result: HB 211 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1993-04-20 House Journal Page 1373 HB 211 Yeas: Barnes, Brice, 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, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Nicholia And so, HB 211 passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 9 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 9 Relating to management of the community development fisheries quota program and fisheries development by the state. with the: Journal Page FSH RPT CS(FSH) NEW TITLE 2DP 1NR 682 -ZERO FISCAL NOTE (F&G) 3/17/93 682 RES RPT CS(FSH) NEW TITLE 6DP 2NR 776 -PREVIOUS ZERO FN (F&G) 3/17/93 777 FIN RPT CS(FSH) NEW TITLE 8DP 2NR 1101 -PREVIOUS ZERO FN (F&G) 3/17/93 1102 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(FSH) Relating to state management of the Western Alaska Community Development Quota Program and state fisheries development policy. There being no objection, it was so ordered. 1993-04-20 House Journal Page 1374 HCR 9 Amendment No. 1 was offered by Representatives Ulmer and Hoffman: Page 2, line 26: Delete "and" Page 2, line 27 through Page 3, line 15, delete and insert: "BE IT RESOLVED by the Alaska State Legislature that the governor is respectfully requested to continue support for the Western Alaska Community Development Quota (CDQ) Program by (1) designating appropriate staff within the executive branch of the State government to coordinate the State's participation in the existing CDQ program; (2) working closely with the federal Department of Commerce and the North Pacific Fisheries Management Council in the existing CDQ program; (3) fairly applying state and federal CDQ program regulations to insure accomplishment of all the objectives of the existing CDQ program." Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHCR 9(FSH) am pass the House?" The roll was taken with the following result: CSHCR 9(FSH) am Second Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1993-04-20 House Journal Page 1375 HCR 9 Yeas: Barnes, Brice, 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 And so, CSHCR 9(FSH) am passed the House and was referred to the Chief Clerk for engrossment. 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 - Alaska All Star Pee Wee A Hockey Team By Representatives Porter, Brice, Davies, Green, James, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Phillips, Toohey, Ulmer, Vezey, Willis RECONSIDERATION HB 239 Representative Ulmer brought up reconsideration of the vote on CSHB 239(RES) (page 1334). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 239(RES) "An Act relating to raffles and auctions of certain permits to take big game; and providing for an effective date." 1993-04-20 House Journal Page 1376 HB 239 Representative Ulmer moved and asked unanimous consent that CSHB 239(RES) be returned to second reading for the specific purpose of considering Amendment No. 2. Objection was heard. Representative Hoffman placed a call of the House. The Speaker stated the call was satisfied. The question being: "Shall CSHB 239(RES) be returned to second reading for the specific purpose of considering Amendment No. 2?" The roll was taken with the following result: CSHB 239(RES)--RECONSIDERATION Third Reading Return to Second for specific amendment YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, Larson, Mackie, Menard, Navarre, Nicholia, Nordlund, Porter, Sitton, Ulmer, Vezey, Willis Nays: Barnes, Bunde, Hanley, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Sanders, Therriault, Toohey, Williams And so, the motion passed. Amendment No. 2 was offered by Representatives Ulmer, Foster and Hoffman: Page 2, line 16: Delete "support candidates for political office" Insert "make a contribution to any candidate for political office or to any organization supporting or opposing ballot propositions or to pay expenses associated with lobbying the legislature or administration" 1993-04-20 House Journal Page 1377 HB 239 Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 239(RES)--RECONSIDERATION Second Reading Amendment No. 2 YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Nays: Barnes, Brice, Bunde, Kott, Moses, Therriault And so, Amendment No. 2 was adopted. The question to be reconsidered: "Shall CSHB 239(RES) am pass the House?" The roll was taken with the following result: CSHB 239(RES) am --RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1993-04-20 House Journal Page 1378 HB 239 Nays: Davidson, Grussendorf, Hoffman, Martin, Nicholia And so, CSHB 239(RES) am 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 239(RES) am was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 209 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 209 "An Act relating to community health aide grants." HB 209 was referred to the Rules Committee for placement on the calendar. Representative Vezey moved and asked unanimous consent that the House revert to Reports of Standing Committees. Objection was heard. Representative Vezey moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE SB 122 A message dated April 20, 1993, was read stating the Senate has concurred in the House amendment to SB 122 am, thus adopting: 1993-04-20 House Journal Page 1379 SB 122 HOUSE CS FOR SENATE BILL NO. 122(JUD) "An Act relating to the disclosure of information by an employer about the job performance of an employee or former employee." A message dated April 20, 1993, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 129 CS FOR SENATE BILL NO. 129(FIN) am by the Senate Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act relating to state procurement; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. REPORTS OF STANDING COMMITTEES HB 167 The Finance Committee has considered: HOUSE BILL NO. 167 "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to civil and criminal penalties, damages, and other remedies for air quality control violations; clarifying the definition of `hazardous substance' to include releases and threatened releases to the atmosphere; amending the lien provisions relating to the oil and hazardous substance release response fund; relating to inspection and enforcement powers of the Department of Environmental Conservation; and providing for an effective date." and recommends it be replaced with: 1993-04-20 House Journal Page 1380 HB 167 CS FOR HOUSE BILL NO. 167(FIN) "An Act relating to air quality control and the prevention, abatement, and control of air pollution; relating to inspection and enforcement powers of the Department of Environmental Conservation; 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, Martin, Parnell, Hanley, Grussendorf, Therriault, Foster No recommendation (3): Hoffman, Navarre, Brown The following fiscal notes apply to CSHB 167(FIN): Fiscal note, Dept. of Environmental Conservation, 4/20/93 Indeterminate fiscal note, Dept. of Law, 4/20/93 HB 167 was referred to the Rules Committee for placement on the calendar. HB 249 The State Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249 "An Act relating to persons whose occupations involve electrical or mechanical equipment and systems; and providing for an effective date." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 249(STA) "An Act reestablishing the Board of Electrical Examiners and extending the termination date of the Board of Mechanical Examiners; relating to electrical and mechanical administrators; and providing for an effective date." 1993-04-20 House Journal Page 1381 HB 249 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Ulmer, B.Davis, Olberg, G.Davis, Sanders, Kott The following fiscal notes apply to CSSSHB 249(STA): Fiscal note, Dept. of Commerce & Economic Development, 4/20/93 Fiscal note, Dept. of Labor, 3/31/93 SSHB 249 was referred to the Rules Committee for placement on the calendar. SB 54 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." and recommends it be replaced with: HCS FOR CS FOR SENATE BILL NO. 54(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, James, Porter No recommendation (1): Nordlund A letter of intent, signed by Representative Porter, Chair, appears below: 1993-04-20 House Journal Page 1382 SB 54 House Judiciary Committee Letter of Intent for HCS CSSB 54(JUD) "It is the intent of the House Judiciary Committee, in its adoption of HCS for CS for SB 54 (JUD), to alter the jurisdiction of the criminal courts over juvenile offenders charged with murder and to require the juvenile offender for whom waiver to criminal court has been sought for other offenses to prove that he or she is amenable to treatment in the juvenile justice system. The House Judiciary Committee, in its adoption of HCS CSSB 54(JUD), intends to alter the substantive legal rights of juvenile offenders. In the judgement of the committee, the scope of a court's jurisdiction and the allocation of burdens of proof in legal actions are matters of substantive law, not matters of procedure. It is the judgement of the committee that, once the screening authorities have decided that a juvenile offender is not amenable to treatment in the juvenile court system and have filed a petition seeking waiver of the juvenile into the adult criminal court system, it is the offender himself who is in the best position to show that he would be treatable in the juvenile court system. The juvenile offender and his attorney are the ones who know the most about the offender's family and educational experiences, and are in the best position to present information relating to the issue of treatability to the court. For example, under the Alaska Court of Appeals' decision in R.H. v. State, 777 P. 2d 204 (Alaska App. 1989), the state may not compel a juvenile offender to submit to a psychiatric evaluation for the purpose of determining his amenability to treatment in the juvenile court system. In its decision, the court acknowledged that "in some situations, the lack of information concerning the psychiatric condition of the accused child will undoubtedly make the state's burden more difficult to meet." 777 P. 2d at 211. In the view of the committee, to place the burden of proof upon the party who has the greatest access to the facts relevant to the issue of treatability is a sound public policy choice. A Senate letter of intent (page 570 of the Senate Journal) was also adopted. 1993-04-20 House Journal Page 1383 SB 54 The following fiscal notes apply to HCS CSSB 54(JUD): Zero fiscal note, House Judiciary Committee/Dept. of Administration, 4/20/93 Zero fiscal note, Dept. of Administration, 4/20/93 Zero fiscal note, House Judiciary Committee/Dept. of Corrections, 4/20/93 Senate fiscal note, Alaska Court System, 2/26/93 Senate zero fiscal note, Dept. of Law, 2/24/93 Senate zero fiscal note, Dept. of Health & Social Services, 2/24/93 Senate zero fiscal note, Dept. of Public Safety, 2/19/93 CSSB 54(FIN) was referred to the Finance Committee. UNFINISHED BUSINESS HB 281 The Speaker waived the Labor & Commerce Committee referral on the following at the request of Representative Hudson, Chair: HOUSE BILL NO. 281 "An Act extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." HB 281 was referred to the Resources Committee. HB 283 The Speaker waived the Labor & Commerce Committee referral on the following at the request of Representative Hudson, Chair: HOUSE BILL NO. 283 "An Act extending the termination date of the State Board of Registration for Architects, Engineers, and Land Surveyors; and providing for an effective date." HB 283 was referred to the Rules Committee for placement on the calendar. HB 284 The Speaker waived the Labor & Commerce Committee referral on the following at the request of Representative Hudson, Chair: 1993-04-20 House Journal Page 1384 HB 284 HOUSE BILL NO. 284 "An Act extending the termination date of the State Physical Therapy and Occupational Therapy Board; and providing for an effective date." HB 284 was referred to the Rules Committee for placement on the calendar. HR 5 Regarding: 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 Speaker appointed the following and stated: House Constitutional Revision Task Force Representative Phillips, Chair Representative Mulder Representative Ulmer Judge Thomas B. Stewart Mr. Ken Jacobus "In accordance with HR 5, I am today appointing the Constitutional Revision Task Force. This Task Force will study the ways to revise the Constitution, develop alternative methods, solicit public comment, and prepare a report to the House with recommendations on such alternative methods of constitutional revision it deems appropriate. The members will be Majority Leader, Representative Gail Phillips, Chair; Representative Eldon Mulder; Minority Leader, Representative Fran Ulmer; Judge Thomas B. Stewart; and Mr. Ken Jacobus." 1993-04-20 House Journal Page 1385 The Speaker appointed the following and stated: Telecommunications Task Force Representative Hudson, Chair Representative Olberg Representative Navarre "As you are most likely aware, AT & T has recently made application to the Alaska Public Utilities Commission to enter the Alaska phone market. While I am not opposed to increased competition, I do want to ensure that increased competition is in the best interests of Alaskans. I believe that the potential impact of losing the rate subsidy that Alaskans currently benefit from is tremendous and therefore deserves policy review from the legislature in addition to the thorough application review by the Alaska Public Utilities Commission. To this end, I am appointing a Telecommunications Task Force for the purpose of exploring the many issues surrounding AT & T's potential entry into the Alaska market. I have requested that the Senate join us by appointing three members so that the task force can have equal membership from both bodies. To serve on the Telecommunications Task Force I am appointing Representative Bill Hudson, Chair, Representative Harley Olberg and Representative Mike Navarre. I am charging the task force with gathering input from around the state on this topic. A series of hearings should be held to afford all Alaskans the opportunity to be heard on this issue." The Speaker appointed the following and stated: House Task Force on Alcohol and Alcohol Abuse Representative Porter, Chair Representative Foster Representative Mulder Representative Sitton Representative Nordlund 1993-04-20 House Journal Page 1386 "Alcohol policy issues have taken up a great deal of time and attention in our State legislature in the last decade. The problems caused in our society by alcohol abuse have demanded and received consideration from our elected representatives who have adopted legislation on drunk driving, state excise tax rates, fetal alcohol syndrome, alcohol server training, and many other alcohol related issues. But this legislation has been adopted on a piecemeal basis, as a reaction to a perceived individual need of the moment, and indeed, some legislation has never been implemented. The State of Alaska Alcohol Beverage Control Board is the agency charged with enforcement of our laws dealing with the sale and use of beverage alcohol and yet is currently operating with three fewer investigators than it did in 1977, despite the growth in population and number of licenses in use. Little has been done to address the problem of the repeat drunk driving offender, the cause of most of our alcohol- related highway accidents. Legislation providing for an 'interlock' devise that would inhibit a person convicted DWI from operating a motor vehicle was adopted but never implemented. Although we as a society decry the problem of underage drinking, little has been done to curb the use of false identification used to purchase alcohol and unless tragedy results from such an incident, it is often regarded by communities as 'sowing wild oats' and shrugged off as 'a rite of passage - boys will be boys'. During 1990, the State of Alaska spent nearly $12 million on alcohol abuse treatment, yet the Office of the Ombudsman concluded in a 1993 report that the Division of Alcoholism and Drug Abuse 'fails to insure that the programs it funds are effective.' Alcohol ABUSE is a grave and disturbing dilemma facing our state and deserves to be examined on a broad level, seeking an overview of our existing policies, reconciling the conflicts in our positions, and establishing a strategy for the rational regulation of a legal product and deterrents for the abuse of that product. The Twenty-first Amendment to the U.S. Constitution reserves to the states the right to regulate alcohol issues and the State of Alaska should assume responsibility for exercising that right in a coordinated, logical manner. Examination of existing law and policies regarding alcohol as a legal product and the separate issue of laws and policies dealing with alcohol abuse is a method of assuming the State's constitutional right 1993-04-20 House Journal Page 1387 while protecting and promoting the safety and welfare of Alaska's citizens. Therefore, I am hereby establishing the House Task Force on Alcohol and Alcohol Abuse and appointing Representative Brian Porter, Chair, Representative Richard Foster, Representative Eldon Mulder, Representative Joe Sitton, and Representative Jim Nordlund to serve." HR 6 Representatives Brice and Brown added their names as cosponsors to the following: HOUSE RESOLUTION NO. 6 am Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska. HR 6 am passed the House (page 1338) on April 19, 1993. HCR 9 Representative Menard added his name as cosponsor to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 9(FSH) am Relating to state management of the Western Alaska Community Development Quota Program and state fisheries development policy. HJR 40 Representatives Brice and Brown have been removed as cosponsors to the following, as they were inadvertently added (page 1178): HOUSE JOINT RESOLUTION NO. 40 Proposing an amendment to the Constitution of the State of Alaska relating to the individual right to keep and bear arms. HB 1 Representative Menard added his name as cosponsor to: 1993-04-20 House Journal Page 1388 HB 1 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 1(CRA) "An Act establishing a motor vehicle recycling grant fund and a motor vehicle recycling registration fee; and providing for an effective date." HB 92 Representative Ulmer added her name as cosponsor to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 92(JUD) am "An Act relating to notaries; and providing for an effective date." HB 263 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 263 "An Act relating to a municipal property tax exemption for aircraft." ENGROSSMENT HCR 9 CSHCR 9(FSH) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 1 CSSSHB 1(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 92 CSSSHB 92(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 93 CSHB 93(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 211 HB 211 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-04-20 House Journal Page 1389 HB 239 CSHB 239(RES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT AND ENROLLMENT HR 6 The following was engrossed and 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 1:00 p.m., April 20, 1993: HOUSE RESOLUTION NO. 6 am Urging the Environmental Protection Agency to request a moratorium from the Congress for the MTBE oxygenated fuels programs in Anchorage and Fairbanks, Alaska. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Conference Committee on HB 55 3:00 pm, 4/20 CANCELED & RESCHEDULED TO: 3:00 pm, 4/21 Finance Committee 1:30 pm, 4/21 SB 171, HB 60, SB 100 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 21, 1993. There being no objection, the House adjourned at 7:06 p.m. J.C. Shine Chief Clerk