Legislature(1993 - 1994)
1993-04-21 House Journal
Full Journal pdf1993-04-21 House Journal Page 1393 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Wednesday April 21, 1993 One Hundred First Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:21 a.m. Roll call showed 36 members present. Representatives Brown, Hanley, Larson and Therriault were absent. The invocation was offered by the Chaplain, Reverend Jon Paden of the Juneau Church of Christ. Representative Menard 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 the light it bears. Thank You for the choices which are ours today. Occasionally their multitude overwhelms: may the decisions made among us serve Your purposes. May they serve well all Alaskans. Thank You for debate. In it, help us sort our substance from rhetoric, the universal from the parochial, the larger good from the special interest, the permanent from the fleeting, the right from the wrong. Help us always securely sustain the children and the elderly. I come to You in the name of light, Jesus Christ. Amen." 1 1993-04-21 House Journal Page 1394 The Pledge of Allegiance was led by Representative Bunde. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 100th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 82 The Finance Committee has considered: HOUSE BILL NO. 82 "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 82(FIN) "An Act relating to school construction grants and major maintenance grants to school districts; providing for school district participation in the cost of school construction and major maintenance; creating a major maintenance grant fund; creating an education facilities maintenance and construction fund; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): MacLean, Foster, Brown, Parnell, Larson No recommendation (4): Hoffman, Grussendorf, Hanley, Therriault Amend (1): Martin 1993-04-21 House Journal Page 1395 HB 82 The following fiscal notes apply to CSHB 82(FIN): Fiscal note, Dept. of Education, 1/22/93 Zero fiscal note, Dept. of Revenue, 1/22/93 Zero fiscal note, Dept. of Transportation & Public Facilities, 1/22/93 HB 82 was referred to the Rules Committee for placement on the calendar. HB 252 The Finance 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 Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Larson, Grussendorf, Hoffman, Foster No recommendation (6): MacLean, Hanley, Parnell, Navarre, Brown, Therriault Amend (1): Martin The following fiscal note applies to HB 252: Fiscal note, House Finance Committee/Dept. of Commerce & Economic Development, 4/21/93 HB 252 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: 1993-04-21 House Journal Page 1396 Honoring - Sergeant Joe D'Amico, Trooper of the Year By Representative Larson Honoring - Dick and Pat Legg By Representative Willis; Senator Halford Honoring - Robert L. Tucker By Representative Larson Honoring - West High School, 1993 Mock Trial Team By Senators Leman, Ellis, Donley In Memoriam - Homer R. Beedle By Representatives Hudson, Ulmer; Senator Duncan In Memoriam - Edwin Stonefelt By Representative Martin; Senator Phillips In Memoriam - Lieutenant Daryl Nelson By Senators Sharp, Frank, Miller; Representatives Sitton, James, Davies, Brice, Vezey, Therriault ***The presence of Representative Brown was noted. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 289 HOUSE BILL NO. 289 by Representatives Brown, Toohey, B.Davis and Davies, entitled: "An Act relating to alcoholic beverage license and permit fees and the use of license fees; and providing for an effective date." was read the first time and referred to the Community & Regional Affairs, Labor & Commerce, State Affairs and Finance Committees. ***The presence of Representative Hanley was noted. 1993-04-21 House Journal Page 1397 RECONSIDERATION HB 179 Representative Martin brought up reconsideration of the vote on CSHB 179(FIN) am (page 1372). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 179(FIN) am "An Act relating to motor vehicles and mobile homes; and providing for an effective date." ***The presence of Representatives Larson and Therriault was noted. The question to be reconsidered: "Shall CSHB 179(FIN) am pass the House?" The roll was taken with the following result: CSHB 179(FIN) am - RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hudson, James, Larson, Mackie, MacLean, Moses, Nordlund, Olberg, Phillips, Porter, Sanders, Toohey, Ulmer, Vezey, Williams Nays: Brice, Carney, Davidson, Grussendorf, Hoffman, Kott, Martin, Menard, Mulder, Navarre, Nicholia, Parnell, Sitton, Therriault, Willis Absent: Hanley And so, CSHB 179(FIN) am passed the House on reconsideration. 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: 1993-04-21 House Journal Page 1398 HB 179 CSHB 179(FIN) am - RECONSIDERATION Third Reading Effective Dates YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Davidson, Martin, Therriault Absent: Hanley And so, the effective date clauses were adopted. CSHB 179(FIN) am was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 67 The following was read the second time: HOUSE BILL NO. 67 "An Act relating to eligibility for and payments of public assistance; and providing for an effective date." with the: Journal Page -6 FNS (6-DHSS) 1/15/93 86 GOVERNOR'S TRANSMITTAL LETTER 86 HES RPT CS(HES) 3DP 3DNP 3NR 541 -2 FISCAL NOTES (HES) 3/5/93 542 -4 PREVIOUS FNS (DHSS) 1/15/93 542 1993-04-21 House Journal Page 1399 HB 67 JUD RPT CS(JUD) 3DP 2NR 1AM 727 -2 PREVIOUS FNS (DHSS) 3/5/93 728 -4 PREVIOUS FNS (DHSS) 1/15/93 728 FIN RPT CS(FIN) 2DP 1DNP 5NR 1AM 1104 -9 FISCAL NOTES (DHSS) 4/8/93 1105 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. 67(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 67(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 67(FIN) was read the third time. The question being: "Shall CSHB 67(FIN) pass the House?" The roll was taken with the following result: CSHB 67(FIN) Third Reading Final Passage YEAS: 23 NAYS: 17 EXCUSED: 0 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, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis And so, CSHB 67(FIN) passed the House. Representative Phillips moved the effective date clauses. 1993-04-21 House Journal Page 1400 HB 67 The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 67(FIN) Third Reading Effective Dates YEAS: 21 NAYS: 17 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Larson, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Absent: Kott, Moses And so, the effective date clauses were not adopted. Representative Brice gave notice of reconsideration of his vote on CSHB 67(FIN)(efd fld). HB 253 The following was read the second time: HOUSE BILL NO. 253 "An Act amending the basis for determining refunds to local governments under the program of shared fisheries taxes; and providing for an effective date." with the: Journal Page FIN RPT 7DP 2DNP 1NR 1108 -FISCAL NOTE (REV) 4/8/93 1109 The Finance Committee submitted the following corrected fiscal note: Fiscal note, Dept. of Revenue, 4/21/93 1993-04-21 House Journal Page 1401 HB 253 Representative Phillips moved and asked unanimous consent that HB 253 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 253 was read the third time. The question being: "Shall HB 253 pass the House?" The roll was taken with the following result: HB 253 Third Reading Final Passage YEAS: 23 NAYS: 14 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brown, Bunde, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, Kott, Larson, Martin, Navarre, Nordlund, Parnell, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey Nays: Carney, Davidson, Davies, Grussendorf, Hoffman, Mackie, MacLean, Menard, Moses, Nicholia, Olberg, Phillips, Williams, Willis Absent: Brice, James, Mulder And so, HB 253 passed the House. 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: HB 253 Third Reading Effective Date YEAS: 32 NAYS: 7 EXCUSED: 0 ABSENT: 1 1993-04-21 House Journal Page 1402 HB 253 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Davidson, Grussendorf, Mackie, Menard, Nicholia, Olberg, Williams Absent: Brice And so, the effective date clause was adopted. Representative Mackie gave notice of reconsideration of his vote on HB 253. HB 275 The following was read the second time: HOUSE BILL NO. 275 "An Act relating to salmon marketing, a salmon marketing tax, and the Alaska Seafood Marketing Institute; and providing for an effective date." with the: Journal Page FIN RPT CS(FIN) NEW TITLE 7DP 2NR 1200 -2 FISCAL NOTES (REV, DCED) 4/14/93 1201 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. 275(FIN) "An Act relating to the Alaska Seafood Marketing Institute, a salmon marketing tax, and reduction of the salmon enhancement tax; and providing for an effective date." There being no objection, it was so ordered. 1993-04-21 House Journal Page 1403 HB 275 Amendment No. 1 was offered by Representative Hudson: Page 1, line 1 (title amendment): Delete "," Insert "and" Page 1, line 2 (title amendment): Delete ", and reduction of the salmon enhancement tax" Page 4, line 11, through page 5, line 21: Delete all material. Renumber the following bill sections accordingly. Page 7, line 17: Delete "Section 7" Insert "Section 6" Representative Hudson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 275(FIN) am "An Act relating to the Alaska Seafood Marketing Institute and a salmon marketing tax; and providing for an effective date." Amendment No. 2 was offered by Representative Hudson: Page 1, line 7: Delete "24" Insert "25" Page 2, lines 2 - 3: Delete "[ONE MEMBER OF THE BOARD SHALL BE A LAY PERSON SELECTED BY THE GOVERNOR.]" 1993-04-21 House Journal Page 1404 HB 275 Insert "One member of the board shall be a lay person selected by the governor." Page 6, line 30: Delete "and (c) of this section," Page 7, line 4: Delete "six" Insert "seven" Page 7, line 8: Delete "two" Insert "three" Page 7, lines 9 - 14: Delete all material. Representative Hudson moved and asked unanimous consent that Amendment No. 2 be adopted. Representative MacLean objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 275(FIN) am Second Reading Amendment No. 2 YEAS: 28 NAYS: 10 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Bunde, Davidson, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Brown, B.Davis, Hoffman, Kott, Larson, Mackie, MacLean, Martin, Nicholia 1993-04-21 House Journal Page 1405 HB 275 Absent: Carney, Finkelstein And so, Amendment No. 2 was adopted. Representative Phillips moved and asked unanimous consent that CSHB 275(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 275(FIN) am was read the third time. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Hanley Representative Mackie Representative Hoffman Representative Bunde Representative Nordlund Objection was heard and the members were required to vote. Representative Mackie placed a call of the House. The call was satisfied. The question being: "Shall CSHB 275(FIN) am pass the House?" The roll was taken with the following result: CSHB 275(FIN) am Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, Larson, MacLean, Martin, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey 1993-04-21 House Journal Page 1406 HB 275 Nays: Carney, Grussendorf, Hoffman, James, Kott, Mackie, Menard, Moses, Navarre, Nicholia, Sitton, Williams, Willis And so, CSHB 275(FIN) 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 clauses. There being no objection, it was so ordered. Representative Davidson gave notice of reconsideration of his vote on CSHB 275(FIN) am. UNFINISHED BUSINESS SB 53 Representative B.Davis moved and asked unanimous consent that the following be discharged from the Judiciary Committee and referred to the Finance Committee: 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." Objection was heard. The Speaker stated the House would recess until 5:00 p.m. And so, the House recessed at 12:55 p.m. AFTER RECESS The House was called back to order at 5:17 p.m. 1993-04-21 House Journal Page 1407 UNFINISHED BUSINESS (continued) SB 53 The Speaker stated that before the recess, a motion to discharge SB 53 from the Judiciary Committee was under consideration. The Speaker cautioned members to confine comments to the motion before the House. Representative Vezey rose to a point of order regarding inappropriate debate. The Speaker stated the point was well taken. Representative Phillips rose to a point of order regarding Section 491, paragraph 4 of Mason's Manual. The Speaker stated the point was well taken. The question being: "Shall SB 53 be discharged from the Judiciary Committee? The roll was taken with the following result: SB 53 Discharge from the Judiciary Committee YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Brice, 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 Finkelstein changed from "Nay" to "Yea". And so, the motion failed. The Speaker stated that, without objection, the House would move down the calendar to: 1993-04-21 House Journal Page 1408 SECOND READING OF SENATE BILLS SB 174 The following was read the second time: 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." with the: Journal Page STA RPT 7DP 1354 -SENATE ZERO FN (LABOR) 4/1/93 1354 Representative Phillips moved and asked unanimous consent that CSSB 174(L&C) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 174(L&C) am was read the third time. The question being: "Shall CSSB 174(L&C) am pass the House?" The roll was taken with the following result: CSSB 174(L&C) am Third Reading Final Passage YEAS: 40 NAYS: 0 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, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Sitton changed from "Nay" to "Yea". And so, CSSB 174(L&C) am passed the House. 1993-04-21 House Journal Page 1409 SB 174 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. CSSB 174(L&C) am was signed by the Speaker and Chief Clerk and returned to the Senate. HB 54 The following was read the second time: HOUSE BILL NO. 54 "An Act relating to eavesdropping, telephone caller identification, and telephone directory listings and solicitations." with the: Journal Page L&C RPT CS(L&C) NEW TITLE 6DP 678 -ZERO FISCAL NOTE (DCED) 3/17/93 678 JUD RPT CS(L&C) NEW TITLE 4DP 2NR 955 -PREVIOUS ZERO FN (DCED) 3/17/93 956 FIN RPT CS(L&C) NEW TITLE 5DP 2NR 1171 -PREVIOUS ZERO FN (DCED) 3/17/93 1171 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. 54(L&C) "An Act relating to telephone caller identification; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 54(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 54(L&C) was read the third time. The question being: "Shall CSHB 54(L&C) pass the House?" The roll was taken with the following result: 1993-04-21 House Journal Page 1410 HB 54 CSHB 54(L&C) 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 Phillips changed from "Nay" to "Yea". Vezey changed from "Nay" to "Yea". Brice changed from "Nay" to "Yea". Nicholia changed from "Nay" to "Yea". Hoffman changed from "Nay" to "Yea". Foster changed from "Nay" to "Yea". Navarre changed from "Nay" to "Yea". Olberg changed from "Nay" to "Yea". Moses changed from "Nay" to "Yea". And so, CSHB 54(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 clause. There being no objection, it was so ordered. Representative Vezey gave notice of reconsideration of his vote on CSHB 54(L&C). 1993-04-21 House Journal Page 1411 HB 119 The following was read the second time: 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." with the: Journal Page STA RPT 3DP 3NR 611 -FISCAL NOTE (COURT) 3/12/93 611 -ZERO FISCAL NOTE (LAW) 3/12/93 611 JUD RPT CS(JUD) NEW TITLE 6DP 1135 -3 ZERO FNS (ADM, ADM, DPS) 4/8/93 1136 -PREVIOUS FN (COURT) 3/12/93 1136 -PREVIOUS ZERO FN (LAW) 3/12/93 1136 FIN RPT CS(JUD) NEW TITLE 7DP 4NR 1347 -PREVIOUS FN (COURT) 3/12/93 1348 -3 PREV ZERO FNS (ADM, ADM, DPS) 4/8/93 1348 -PREVIOUS ZERO FN (LAW) 3/12/93 1348 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. 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." There being no objection, it was so ordered. 1993-04-21 House Journal Page 1412 HB 119 Amendment No. 1 was offered by Representatives Ulmer and Porter: Page 3, line 24, after "AS 11.41" Insert "and 11.56.740" Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 119(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 119(JUD) am was read the third time. The question being: "Shall CSHB 119(JUD) am pass the House?" The roll was taken with the following result: CSHB 119(JUD) am Third Reading Final Passage YEAS: 36 NAYS: 1 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin Absent: Hoffman, Parnell, Therriault And so, CSHB 119(JUD) am passed the House. 1993-04-21 House Journal Page 1413 HB 119 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 Phillips moved and asked unanimous consent that the following letter of intent by Representatives Ulmer and Porter be adopted: Letter of Intent to CSHB 119(JUD) am "It is the intent of the Legislature that a defendant may not be sentenced to pay a day fine if the offense jeopardized the personal safety of the victim." There being no objection, it was so ordered. Representative Vezey gave notice of reconsideration of his vote on CSHB 119(JUD) am. THIRD READING OF HOUSE BILLS HB 160 The following, which was advanced to third reading from the April 20, 1993, calendar (page 1369), was read the third time: HOUSE BILL NO. 160 "An Act relating to the time for filing certain civil actions; and providing for an effective date." Representative Finkelstein moved and asked unanimous consent that HB 160 be returned to second reading for the specific purpose of considering Title Amendment No. 1. Representative Phillips objected. The question being: "Shall HB 160 be returned to second reading?" The roll was taken with the following result: 1993-04-21 House Journal Page 1414 HB 160 HB 160 Third Reading Return to Second for specific amendment YEAS: 19 NAYS: 18 EXCUSED: 0 ABSENT: 3 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Hoffman, Hudson, Mackie, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Sitton, Therriault, Ulmer, Willis Nays: Barnes, Bunde, Davidson, G.Davis, Green, James, Kott, Larson, MacLean, Moses, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Absent: Foster, Grussendorf, Hanley And so, the motion passed. Title Amendment No. 1 was offered by Representative Finkelstein: Page 1, line 1, after "actions": Insert "based on a defect in an improvement to real property" Representative Finkelstein moved and asked unanimous consent that Title Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Title Amendment No. 1 was adopted and the new title appears below: HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date." 1993-04-21 House Journal Page 1415 HB 160 The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Nordlund Representative Vezey Representative Brice Representative Ulmer Representative Parnell Objections were heard and the members were required to vote. The question being: "Shall HB 160(title am) pass the House?" The roll was taken with the following result: HB 160(title am) Third Reading Final Passage YEAS: 27 NAYS: 11 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davidson, Davies, Finkelstein, Hoffman, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Absent: Carney, Grussendorf And so, HB 160 (title 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. Representative Sitton gave notice of reconsideration of his vote on HB 160(title am). 1993-04-21 House Journal Page 1416 UNFINISHED BUSINESS HB 119 Representative Phillips moved and asked unanimous consent that the roll call on the passage of CSHB 119(JUD) am (page 1412), be considered the roll call on the court rule change. There being no objection, it was so ordered. CSHB 119(JUD) am was reconsidered today. SECOND READING OF HOUSE RESOLUTIONS HJR 41 The following was read the second time: HOUSE JOINT RESOLUTION NO. 41 Relating to consideration of individual fishery quota shares block proposals by the North Pacific Fishery Management Council. with the: Journal Page RES RPT 7DP 1319 -ZERO FISCAL NOTE (H.RES/F&G) 4/19/93 1320 Representative Phillips moved and asked unanimous consent that HJR 41 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 41 was read the third time. The question being: "Shall HJR 41 pass the House?" The roll was taken with the following result: HJR 41 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Brice, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis 1993-04-21 House Journal Page 1417 HJR 41 Absent: Carney, Grussendorf, Hoffman, Therriault And so, HJR 41 passed the House and was referred to the Chief Clerk for engrossment. HCR 20 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases. The following fiscal note applies to HCR 20: Zero fiscal note, Legislative Affairs Agency, 4/21/93 The question being: "Shall HCR 20 pass the House?" The roll was taken with the following result: HCR 20 Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, 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 Absent: Carney, Grussendorf, Hoffman And so, HCR 20 passed the House and was referred to the Chief Clerk for engrossment. 1993-04-21 House Journal Page 1418 HCR 20 The Speaker appointed the following as members to the: Task Force on Schools on Military Bases Representative Mulder Representative Martin Representative Willis 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 - Glennallen Elementary 3rd and 4th Grade Battle of the Books State Champions By Representatives Olberg, Brice, Bunde, B.Davis, Green, James, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Willis Honoring - Kenneth Parks By Representatives James, Brice, Green, Menard, Navarre, Nicholia, Vezey In Memoriam - Marvin Beyer By Senator Leman; Representatives Green, Hanley, Menard, Nicholia UNFINISHED BUSINESS HB 124 The Speaker waived the Community & Regional Affairs Committee referral on the following at the request of Representative Olberg, Chair: HOUSE BILL NO. 124 "An Act relating to grants to municipalities, named recipients, and unincorporated communities; establishing capital project matching grant programs for municipalities and unincorporated communities; establishing a local share requirement for capital project grants to municipalities, named recipients, and unincorporated communities; and providing for an effective date." 1993-04-21 House Journal Page 1419 HB 124 HB 124 was referred to the State Affairs Committee. The Speaker waived the State Affairs Committee referral on HB 124 at the request of Representative Vezey, Chair. HB 124 was referred to the Finance Committee. HB 125 The Speaker waived the Community & Regional Affairs referral on the following at the request of Representative Olberg, Chair: HOUSE BILL NO. 125 "An Act making appropriations for capital project matching grant programs; and providing for an effective date." HB 125 was referred to the State Affairs Committee. The Speaker waived the State Affairs Committee referral on HB 125 at the request of Representative Vezey, Chair. HB 125 was referred to the Finance Committee. SB 85 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: 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." 1993-04-21 House Journal Page 1420 SB 85 SB 85 was referred to the Rules Committee for placement on the calendar. SB 149 The Speaker returned the following to the Judiciary Committee: 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." CSSB 149(FIN) was removed from the Rules Committee and returned to the Judiciary Committee. HCR 20 Representative Foster added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 20 Establishing a task force on schools on military bases. ENGROSSMENT HCR 20 HCR 20 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HJR 41 HJR 41 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 179 CSHB 179(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1993-04-21 House Journal Page 1421 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Minority Caucus after adj., 4/21 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 22, 1993. There being no objection, the House adjourned at 6:30 p.m. J.C. Shine Chief Clerk