Legislature(1993 - 1994)

1993-04-21 House Journal

Full Journal pdf

1993-04-21                     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