Legislature(1993 - 1994)
1993-05-10 House Journal
Full Journal pdf1993-05-10 House Journal Page 1827 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- FIRST SESSION Juneau, Alaska Monday May 10, 1993 One Hundred Twentieth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:54 a.m.. Roll call showed 36 members present. Representatives Davidson, Hanley, Moses and Therriault were absent. The invocation was offered by the designated Chaplain for the day, Representative Parnell. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord, make me an instrument of Thy peace; Where there is hatred, let me sow love; Where there is injury, pardon; Where there is doubt, faith; Where there is despair, hope; Where there is darkness, light; and Where there is sadness, joy. Divine Master, Grant that I may not so much seek To be consoled as to console; To be understood as to understand; To be loved as to love; For it is in giving that we receive; It is in pardoning that we are pardoned; And it is in dying that we are born to eternal life." (The Prayer of St. Francis of Assisi) 1 1993-05-10 House Journal Page 1828 The Pledge of Allegiance was led by Representative James. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 119th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 81 A message dated May 10, 1993, was read stating the Senate has returned the following pursuant to the Speaker's request: CS FOR HOUSE BILL NO. 81(FIN) am "An Act relating to the longevity bonus program." and SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) (same title) CSHB 81(FIN) am is under Unfinished Business. HB 113 A message dated May 9, 1993, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 113(FIN) "An Act regulating the solicitation of contributions by charitable organizations and paid solicitors and the solicitation of sales by telephonic means; and amending Alaska Rules of Civil Procedure 79 and 82." CSHB 113(FIN) was referred to the Chief Clerk for enrollment. HB 133 A message dated May 9, 1993, was read stating the Senate has passed: 1993-05-10 House Journal Page 1829 HB 133 HOUSE BILL NO. 133 "An Act amending the definition of `value' for purposes of administration of fisheries taxes; and providing for an effective date." HB 133 was referred to the Chief Clerk for enrollment. HCR 7 A message dated May 9, 1993, was read stating the Senate has passed HCR 7 with the following amendment: SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) Relating to Alcohol-Related Birth Defects Awareness Week. HCR 7 is under Unfinished Business. HB 102 A message dated May 9, 1993, was read stating the Senate has passed CSHB 102(FIN) with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date." CSHB 102(FIN) is under Unfinished Business. ***The presence of Representatives Moses and Therriault was noted. SB 49 A message dated May 9, 1993, was read stating the Senate has concurred in the House amendment to SB 49, thus adopting: HOUSE CS FOR SENATE BILL NO. 49(STA) am H "An Act relating to preelection reports; closing the two-day reporting gap in those reports; setting the date of February 15 for filing year-end campaign finance reports; and requiring reporting of zero year-end reports." 1993-05-10 House Journal Page 1830 SB 97 A message dated May 9, 1993, was read stating the Senate has concurred in the House amendment to CSSB 97(FIN) am, thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 97(FIN) am H "An Act relating to enhanced 911 emergency reporting systems; and providing for an effective date." Messages dated May 9, 1993, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 7 CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) by Senators Kerttula, Donley, Kelly, Pearce, Frank, Taylor, Miller, Sharp and Halford, entitled: "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; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; creating an education facilities maintenance and construction fund; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 183 CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) by the Senate Rules Committee by request of the Governor, entitled: "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date." 1993-05-10 House Journal Page 1831 SB 183 was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES SB 99 The Finance Committee has considered: CS FOR SENATE BILL NO. 99(FIN) am(efd fld) "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d)." and recommends it be replaced with the following (technical title change): HCS FOR CS FOR SENATE BILL NO. 99(FIN) "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on 1993-05-10 House Journal Page 1832 SB 99 Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Larson, Foster Do not pass (1): Navarre No recommendation (7): Hanley, Martin, Parnell, Grussendorf, Hoffman, Brown, Therriault The following fiscal notes apply to HCS CSSB 99(FIN): Fiscal notes (2), Dept. of Public Safety, 5/10/93 Fiscal note, Dept. of Fish & Game, 5/10/93 Fiscal note, Dept. of Environmental Conservation, 5/10/93 Senate indeterminate fiscal note, Dept. of Administration, 4/28/93 Senate fiscal notes (3), Dept. of Labor, 4/26/93 Senate fiscal notes (2), Dept. of Education, 4/26/93 1993-05-10 House Journal Page 1833 SB 99 Senate fiscal note, Dept. of Natural Resources, 4/26/93 Senate zero fiscal notes (3), Dept. of Administration, 4/26/93 Senate zero fiscal note, Dept. of Labor, 4/26/93 CSSB 99(FIN) am(efd fld) appears on today's calendar. REPORTS OF SPECIAL COMMITTEES HB 55 The Conference Committee with limited powers of free conference considering CSHB 55(FIN) and SCS CSHB 55(RLS) am S(efd fld S) recommends the following be adopted: CONFERENCE CS FOR HOUSE BILL NO. 55 "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." Representatives Larson, Chair, Hanley, and Grussendorf and Senators Frank, Chair and Pearce recommends adoption. Senator Kerttula has no recommendation. The report was received in the Chief Clerk's office at 2:45 a.m., May, 10, 1993. The report on CCS HB 55 is under Unfinished Business. CONSIDERATION OF THE DAILY CALENDAR The Speaker placed a call of the House on the calendar. THIRD READING OF HOUSE BILLS HB 168 The following, which was advanced to third reading from the May 9, 1993, calendar (page 1804), was read the third time: 1993-05-10 House Journal Page 1834 HB 168 CS FOR HOUSE BILL NO. 168(FIN) am "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the 1993-05-10 House Journal Page 1835 HB 168 department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; providing for an advisory vote related to charitable gaming; and providing for an effective date." ***The presence of Representative Hanley was noted. Representative Phillips requested a show of hands of those members wishing to state a conflict of interest. 1993-05-10 House Journal Page 1836 HB 168 Noting that most members raised their hands, the Speaker ruled that all members would be required to vote. ***The presence of Representative Davidson was noted. The call was satisfied. The question being: "Shall CSHB 168(FIN) am pass the House?" The roll was taken with the following result: CSHB 168(FIN) am Third Reading Final Passage YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Barnes, Davidson, Davies, B.Davis, Finkelstein, Green, Hoffman, Menard, Navarre, Nordlund, Parnell, Sitton, Ulmer, Willis Carney changed from "Nay" to "Yea". Green changed from "Yea" to "Nay". And so, CSHB 168(FIN) am passed the House. Representative Phillips moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: CSHB 168(FIN) am Third Reading Effective Dates YEAS: 32 NAYS: 8 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1837 HB 168 Yeas: Brice, Brown, Bunde, Carney, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Nays: Barnes, Davidson, Davies, B.Davis, Menard, Navarre, Ulmer, Willis And so, the effective date clauses were adopted. Representative Navarre gave notice of reconsideration of his vote on CSHB 168(FIN) am. The Speaker lifted the call. The Speaker stated the House would recess until 1:30 p.m., and so, the House recessed at 12:35 p.m. AFTER RECESS The House was called back to order at 1:51 p.m. The Speaker replaced the call of the House. SECOND READING OF SENATE BILLS SB 99 The following was read the second time: CS FOR SENATE BILL NO. 99(FIN) am(efd fld) "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for 1993-05-10 House Journal Page 1838 SB 99 legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d)." with the: Journal Page FIN RPT HCS(FIN) NEW TITLE 3DP 1DNP 7NR 1831 TECHNICAL TITLE CHANGE 1831 -4 FISCAL NOTES(DPS,DPS,F&G,DEC) 5/10/93 1832 -INDETERMINATE SENATE FN (ADM) 4/28/93 1832 -SENATE FNS(LABOR-3, DOE-2, DNR) 4/26 1832 -SENATE ZERO FNS(ADM-3, LABOR) 4/26/93 1833 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 99(FIN) "An Act relating to licenses, certificates, permits, and programs administered and fees charged by the Alcoholic Beverage Control Board, the office of public advocacy, the Alaska Commission on Postsecondary Education, the Department of Fish and Game, the Department of Labor, the Alaska Police Standards Council, the Department of Natural Resources, and the Department of Environmental Conservation; relating to moving expenses for legislators; relating to motor vehicle registration and insurance and the definition of `vehicle'; relating to the administration of the state insurance catastrophe reserve account; requiring proration of 1993-05-10 House Journal Page 1839 SB 99 certain state payments; relating to fiscal reporting and accounting by the Department of Administration; relating to the provision of group life or group health insurance for state employees; authorizing the Department of Natural Resources to accept certain donations for parks and recreation; extending the suspension of certain tax credit provisions; relating to coverage of persons under Medicaid and revising the order of priority for coverage of optional medical services under Medicaid; providing for extensions of certain state leases; changing the number of days required for issuance of a denial of an intrastate application by the Alaska Public Utilities Commission from 90 to 180 days; and amending Alaska Rule of Probate Procedure 16(d); and providing for an effective date." (technical title change) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Barnes: Page 25, lines 19 - 27: Delete all material. Renumber the following sections accordingly. Page 27, line 14: Delete "sec. 78" Insert "sec. 77" Page 28, line 27: Delete "90 - 94" Insert "89 - 93" Page 29, line 1: Delete "SEC. 81" Insert "SEC. 80" Delete "Section 81" Insert "Section 80" Page 29, line 6: Delete "Sections 84 - 88" Insert "Sections 83 - 87" 1993-05-10 House Journal Page 1840 SB 99 Page 29, line 7: Delete "62 - 83, and 89" Insert "62 - 82, and 88" Representative Phillips moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Martin objected and withdrew the objection. The Speaker lifted the call for Amendment No. 1. Representative Brice objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Mulder: Page 15, lines 25 - 31 and page 16, lines 1 and 2: Delete all material and insert the following: "Sec. 24.10.130. MOVING EXPENSES AND PER DIEM ALLOWANCE. (a) A member of the legislature is entitled to reimbursement for the expenses of moving between the member's place of residence and the capitol city for the purpose of attending a regular session of the legislature. (b) Legislators and officers and employees of the legislative branch of government are entitled to a per diem allowance. (c) The Alaska Legislative Council shall adopt a policy regarding reimbursement for moving expenses applicable to all legislators and an applicable per diem allowance policy. The policy must set conditions for the reimbursement for moving expenses and payment of per diem and prescribe the amounts of reimbursement adapted to the special needs of the legislative branch as determined by the council." Page 27, line 12, following "AS 13.26.410(b)": Insert "AS 24.10.105;" 1993-05-10 House Journal Page 1841 SB 99 Representative Mulder moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Martin objected. The Speaker stated all members with conflicts of interest were required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 99(FIN) am H Second Reading Amendment No. 2 YEAS: 28 NAYS: 12 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Williams Nays: Carney, Davies, Green, Hanley, Martin, Menard, Navarre, Parnell, Therriault, Ulmer, Vezey, Willis And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Ulmer: Page 29, following line 11, add a new section to read: "*Sec. 95. If any section of this bill is found to violate the single subject rule it is severed from the rest of the bill which is found to be consistent with the title." Representative Hanley objected and offered the following amendment to Amendment No. 3. Delete "which is found to be consistent with the title" 1993-05-10 House Journal Page 1842 SB 99 There was no objection to the amendment to Amendment No. 3. There being no further objection to Amendment No. 3 as amended, it was so ordered. Amendment No. 4 was offered by Representatives Hanley and Ulmer. Page 26, line 29: Delete Section 79 Page 27, line 4: Delete Section 80 Renumber remaining sections accordingly. Representative Hanley moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 99(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Navarre objected and withdrew the objection. There being no further objection, it was so ordered. HCS CSSB 99(FIN) am H was read the third time. The question being: "Shall HCS CSSB 99(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 99(FIN) am H Third Reading Final Passage YEAS: 22 NAYS: 18 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1843 SB 99 Yeas: Barnes, Bunde, Davidson, G.Davis, Finkelstein, Foster, Green, Hudson, James, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Williams Nays: Brice, Brown, Carney, Davies, B.Davis, Grussendorf, Hanley, Hoffman, Kott, Mackie, Menard, Navarre, Nicholia, Parnell, Therriault, Ulmer, Vezey, Willis Brown changed from "Yea" to "Nay". And so, HCS CSSB 99(FIN) am H passed the House. Representative Phillips moved the effective date clauses and the court rule changes. The call was lifted. The question being: "Shall the effective date clauses and the court rule changes be adopted?" The roll was taken with the following result: HCS CSSB 99(FIN) am H Third Reading Effective Dates and Court Rule Changes YEAS: 35 NAYS: 4 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brice, Davies, Menard, Vezey Absent: Moses And so, the effective date clauses and the court rule changes were adopted. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 99(FIN) am H. 1993-05-10 House Journal Page 1844 LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Ann Marie Clark by Representatives James, Brice, Green, MacLean, Navarre, Vezey The Speaker replaced the call of the House. The Speaker stated that, without objection, the House would revert to: INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Bette O'Moor By Representative Nicholia; Senator Lincoln Honoring - Sandy Vandergaw By Representative Hanley In Memoriam - Charley Kegler By Representative Davies ANNOUNCEMENTS Finance Committee upon recess, 5/10 Minority Caucus during recess, 5/10 The Speaker stated the House would recess until 6:00 p.m., and so, the House recessed at 3:08 p.m. 1993-05-10 House Journal Page 1845 AFTER RECESS The House was called back to order at 6:41 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HB 93 A message dated May 10, 1993, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 93(CRA) "An Act relating to the village public safety officers program." CSHB 93(CRA) was referred to the Chief Clerk for enrollment. HB 124 A message dated May 10, 1993, was read stating the Senate has passed CSHB 124(FIN) with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 124(FIN) "An Act establishing capital project matching grant programs for municipalities and unincorporated communities; and providing for an effective date." CSHB 124(FIN) is under Unfinished Business. HB 252 A message dated May 10, 1993, was read stating the Senate has passed HB 252 with the following amendment: SENATE CS FOR HOUSE BILL NO. 252(FIN) "An Act amending the Commercial Fishing Loan Act to authorize refinancing of existing loans made under that Act." The Senate adopted a Senate Finance Committee Letter of Intent (page 2087 of the Senate Journal). HB 252 is under Unfinished Business. 1993-05-10 House Journal Page 1846 RECONSIDERATION HB 168 Representative Mulder moved and asked unanimous consent that the reconsideration of CSHB 168(FIN) am be taken up on the same day. Representative Finkelstein objected and withdrew the objection. Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 168(FIN) am "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs 1993-05-10 House Journal Page 1847 HB 168 on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the 1993-05-10 House Journal Page 1848 HB 168 authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; providing for an advisory vote related to charitable gaming; and providing for an effective date." Representative Mulder moved and asked unanimous consent that CSHB 168(FIN) am be returned to second reading for the specific purpose of rescinding action in adopting Amendment No. 14 (page 1775). Objection was heard and withdrawn. There being no further objection, CSHB 168(FIN) am was in second reading. Representative Mulder moved and asked unanimous consent that the House rescind action in adopting Amendment No. 14. Objection was heard. The question being: "Shall the House rescind action in adopting Amendment No. 14?" The roll was taken with the following result: CSHB 168(FIN) am--RECONSIDERATION Second Reading Amendment No. 14 Rescind Action YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brice, Davidson, Hudson, Menard, Sanders, Vezey And so, the motion passed. 1993-05-10 House Journal Page 1849 HB 168 Representative Porter moved and asked unanimous consent to withdraw Amendment No. 14. There being no objection, it was so ordered, and so, the new title appears below: "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; allowing the holders of a multiple-beneficiary charitable gaming permit that consists entirely of noncommercial broadcasting stations or networks of such stations to sell a pull-tab series at more than one location during the same day if the sales are made at the customary business location of one or more of the holders, at another location by an employee of one of the stations or networks, or by a registered vendor; allowing permittees that are noncommercial broadcasting stations or networks of such stations to contract with vendors to sell pull-tabs on behalf of the permittee at certain retail establishments and eating establishments; requiring at least 50 percent of the net proceeds of certain activities conducted by noncommercial broadcasting stations and networks of those stations be placed in an endowment fund, the earnings of which may be used for the purposes, and under the procedures, provided by law; prohibiting a pull-tab game that provides a right to participate in a lottery if a prize or award in the lottery exceeds $250,000; requiring a vendor contracting with a permittee that is a noncommercial broadcasting station or a network of such stations to pay the permittee at least 80 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to 1993-05-10 House Journal Page 1850 HB 168 vendors; relating to the distribution of pull-tabs from one distributor to another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." 1993-05-10 House Journal Page 1851 HB 168 Representative Martin moved and asked unanimous consent that CSHB 168(FIN) am be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 3 (page 1728). There being no objection, it was so ordered. Representative Martin moved and asked unanimous consent that the House rescind action in failing to adopt Amendment No. 3. Representative Mackie objected. The question being: "Shall the House rescind action in failing to adopt Amendment No. 3?" The roll was taken with the following result: CSHB 168(FIN) am--RECONSIDERATION Second Reading Amendment No. 3 Rescind Action YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Mackie, Menard, Navarre, Nicholia, Sitton, Ulmer, Willis And so, the motion passed. Representative Martin moved and asked unanimous consent that Amendment No. 3 be adopted. 1993-05-10 House Journal Page 1852 HB 168 Representative Mulder added his name as cosponsor to Amendment No. 3. Representative Mackie objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 168(FIN) am--RECONSIDERATION Second Reading Amendment No. 3 YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Bunde, Carney, Davidson, Davies, B.Davis, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Sitton, Ulmer, Willis And so, Amendment No. 3 was adopted and the new title appears below: "An Act establishing a testing program for charitable gaming permittees and operators; relating to the duties of a member in charge; requiring regulations relating to pull-tabs to be consistent with North American Gaming Regulators Association standards on pull-tabs to the extent permitted by charitable gaming laws; allowing permittees to contract with vendors to sell pull-tabs on behalf of the permittee at an establishment holding a package store license and certain establishments holding a beverage dispensary license; allowing municipalities to prohibit vendors from conducting gaming activities within the municipality; restricting the purchase of pull-tabs by permittees, licensees, and vendors and their owners, managers, and employees; requiring receipts before prizes of $50 or more may be awarded in pull-tab games; prohibiting distributors from supplying pull-tabs to vendors; relating to the distribution of pull-tabs from one distributor to 1993-05-10 House Journal Page 1853 HB 168 another distributor; requiring the registration of vendors and regulating activities involving them; requiring the licensing of out-of-state pull-tab manufacturers and increasing the annual licensing fee for pull-tab manufacturers; requiring the department regulating charitable gaming to approve contracts between permittees and operators before gaming may occur; preventing persons with felony convictions or convictions for crimes involving theft or dishonesty or a violation of gambling laws from being involved in charitable gaming activities as a permittee, licensee, vendor, person responsible for the operation of an activity, fund raiser or consultant of a licensee or vendor, or employee in a managerial or supervisory capacity, and providing exceptions for certain persons whose convictions are at least 10 years old and are not for violation of an unclassified felony described in AS 11, a class A felony, or extortion; relating to multiple-beneficiary charitable gaming permits and door prizes for charitable gaming; requiring operators to pay permittees at least 30 percent of the adjusted gross income from a pull-tab activity and limiting operators to expenses of not more than 70 percent of the adjusted gross income from that activity; requiring operators to pay permittees at least 10 percent of the adjusted gross income from a charitable gaming activity other than pull-tabs and limiting operators to expenses of not more than 90 percent of the adjusted gross income from that activity; requiring a permittee who uses a pull-tab vendor to enter into a contract with that vendor; requiring a vendor contracting with a permittee to pay the permittee at least 70 percent of the ideal net for each pull-tab series delivered to the vendor by the permittee; requiring that operators report an adjusted gross income of at least 15 percent of gross income; allowing the commissioner regulating charitable gaming to issue orders prohibiting violations of state gaming laws; relating to the authority of the commissioner regulating charitable gaming to suspend or revoke a permit, license, or registration; prohibiting the payment of any portion of the net proceeds of a bingo or pull-tab game to a registered lobbyist; providing a penalty for false statements in gaming license applications; providing communities with the authority by local option election to prohibit charitable gaming within the community; and providing for an effective date." 1993-05-10 House Journal Page 1854 HB 168 The question to be reconsidered: "Shall CSHB 168(FIN) am pass the House?" The roll was taken with the following result: CSHB 168(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Barnes, Davidson, Davies, B.Davis, Finkelstein, Hoffman, MacLean, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Kott changed from "Nay" to "Yea". Therriault changed from "Nay" to "Yea". And so, CSHB 168(FIN) am passed the House on reconsideration. 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. The Speaker waived engrossment, and so, CSHB 168(FIN) am was transmitted to the Senate. SECOND READING OF SENATE BILLS (continued) SB 60 The following, which was on yesterday's supplemental calendar and held until today (page 1822), was read the second time: CS FOR SENATE BILL NO. 60(FIN) "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." 1993-05-10 House Journal Page 1855 SB 60 with the: Journal Page STA REFERRAL WAIVED 1647 HES REFERRAL WAIVED 1647 FIN RPT HCS(FIN) NEW TITLE 9DP 1DNP 1NR 1769 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill (with a new title, pending authorization of HCR 23): HOUSE CS FOR CS FOR SENATE BILL NO. 60(FIN) "An Act making appropriations for construction and major maintenance of educational facilities; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative MacLean: Page 1, lines 1 - 2: Delete all material and insert: ""An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June30, 1994; and providing for an effective date."" Page 5, lines 22 - 28: Delete all material and insert: "* Sec. 4. If the First Session of the Eighteenth Alaska State Legislature does not pass and enact into law an appropriation to the Department of Education for additional district support for school districts at Galena, Hoonah, Hydaburg, Kake, Klawock, Pelican, Skagway, Tanana, and Yakutat in the amount of $1,066,280 or more, then the sum of $1,066,280 is appropriated from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994, and is further allocated to the following school districts in the amounts listed: 1993-05-10 House Journal Page 1856 SB 60 SCHOOL DISTRICT ALLOCATION AMOUNT Galena City School District $139,080 Hoonah City School District 125,660 Hydaburg City School District 103,090 Kake City School District 134,200 Klawock City School District 147,010 Pelican City School District 57,950 Skagway City School District 124,440 Tanana City School District 115,900 Yakutat City School District 118,950." Page 5, line 29, after "by": Insert "secs. 2 and 3 of" Adjust the funding information accordingly. Representative MacLean moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) Second Reading Amendment No. 2 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 And so, Amendment No. 2 was adopted and the new title appears below: "An Act making appropriations for school construction projects and making an appropriation of $1,066,280 from the general fund to the Department of Education for payment as grants for additional district support for the fiscal year ending June 30, 1994; and providing for an effective date." 1993-05-10 House Journal Page 1857 SB 60 Amendment No. 3 was offered by Representatives Hoffman and Foster: Page 5, after line 28: Insert a new bill section to read: "* Sec. 5. The sum of $50,000,000 is appropriated from the general fund to the school construction grant fund (AS 14.11.005) for projects in the unorganized borough." Renumber the following bill sections accordingly. Adjust funding information. Representative Hoffman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 3 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 And so, Amendment No. 3 was not adopted. The Speaker placed a call on the House. 1993-05-10 House Journal Page 1858 SB 60 Amendment No. 4 was offered by Representative Navarre: Page 1, line 5: Delete "$192,408,894" Insert "$200,808,894" Page 1, line 9: Delete "$150,970,794" Insert "$159,370,794" Page 2, after line 16, insert: "Kenai Peninsula Borough Schools Homer Elementary School 8,400,000" Renumber the following lines accordingly. Representative Mackie moved and asked unanimous consent that Amendment No. 4 be adopted. Representative G.Davis objected. The Speaker lifted the call. Representative Davies placed a call of the House and lifted the call. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 4 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 1993-05-10 House Journal Page 1859 SB 60 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 And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Navarre: Page 1, line 5: Delete "$192,408,894" Insert "$199,808,894" Page 1, line 9: Delete "$150,970,794" Insert "$158,370,794" Page 2, after line 16, insert: "Kenai Peninsula Borough Schools Kenai Elementary School 7,400,000" Renumber the following lines accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 5 be adopted. Objections were heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 5 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1860 SB 60 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 And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Davies: Page 1, line 5: Delete "$192,408,894" Insert "$190,105,600" Page 1, line 9: Delete "$150,970,794" Insert "$148,667,500" Page 4: Delete lines 3 and 4 Representative Davies moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1861 SB 60 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Martin changed from "Yea" to "Nay". Kott changed from "Yea" to "Nay". And so, Amendment No. 6 was not adopted. Amendment No. 7 was offered by Representative Davidson: Page 1, line 5: Delete "$192,408,894" Insert "$197,408,894" Page 1, line 9: Delete "$150,970,794" Insert "$155,970,794" Page 4, after line 5, insert: "Kodiak Island Borough Schools Kodiak Elementary School 5,000,000" Renumber bill accordingly. Representative Davidson moved and asked unanimous consent that Amendment No. 7 be adopted. Objection was heard. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: 1993-05-10 House Journal Page 1862 SB 60 HCS CSSB 60(FIN) am H Second Reading Amendment No. 7 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 And so, Amendment No. 7 was not adopted. The Speaker placed a call of the House. The Speaker ruled amendments No. 8 through 18 dilatory, in accordance with Section 180 of Masons Manual and withdrew the ruling. Amendment No. 8 was not offered. Amendment No. 9 was offered by Representatives Navarre, Carney and Menard: Page 1, line 5: Delete "$192,408,894" Insert "$199,583,894" Page 1, line 9: Delete "$150,970,794" Insert "$158,145,794" 1993-05-10 House Journal Page 1863 SB 60 Page 2, after line 25, insert: Matanuska-Susitna Borough Schools New Greater Wasilla Area School 7,175,000" Renumber the following lines accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Phillips objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 9 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 And so, Amendment No. 9 was not adopted. Amendment No. 10 was not offered. 1993-05-10 House Journal Page 1864 SB 60 Amendment No. 11 was offered by Representatives Navarre and Carney: Page 1, Line 5: Delete "$192,408,894" Insert "$195,637,644" Page 1, line 9: Delete "$150,970,794" Insert "$154,199,544" Page 2, after Line 25, insert: "Matnuska-Susitna Borough Schools Glacier View School Addition 3,228,750 Renumber the following lines accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 11 be adopted. Objections were heard. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 11 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 1993-05-10 House Journal Page 1865 SB 60 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 And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representatives Navarre, Carney and Menard: Page 1, line 5: Delete "$192,408,894" Insert "$210,705,144" Page 1, line 9: Delete "$150,970,794" Insert "$169,267,044" Page 4, after line 18, insert: "Mat-Su Borough Schools Atlasta New Middle School 18,296,250" Renumber the following lines accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Green objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 12 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1866 SB 60 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 And so, Amendment No. 12 was not adopted. Amendment No. 13 was not offered. Amendment No. 14 was not offered. Amendment No. 15 was not offered. Amendment No. 16 was offered by Representative Navarre: Page 1, line 5: Delete "$192,408,894" Insert "$194,529,894" Page 1, line 9: Delete "$150,970,794" Insert "$152,199,794" Page 3, after line 9, insert: "Craig City Schools Craig Elementary Addition 2,121,000" Renumber the following lines accordingly. Representative Navarre moved and asked unanimous consent that Amendment No. 16 be adopted. Objection was heard. 1993-05-10 House Journal Page 1867 SB 60 The question being: "Shall Amendment No. 16 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 16 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 And so, Amendment No. 16 was not adopted. Amendment No. 17 was offered by Representative Navarre: Page 1, line 5: Delete "$192,408,894" Insert "$210,947,554" Page 1, line 9: Delete "$150,970,794" Insert "$169,509,454" Page 3: Delete line 20 Insert "Lower Kuskokwim Schools New Bethel Middle School 18,538,660" Renumber the following lines accordingly. 1993-05-10 House Journal Page 1868 SB 60 Representative Navarre moved and asked unanimous consent that Amendment No. 17 be adopted. Objection was heard. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Second Reading Amendment No. 17 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 And so, Amendment No. 17 was not adopted. Representative Phillips moved and asked unanimous consent that HCS CSSB 60(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Davidson objected and withdrew the objection. There being no further objection, it was so ordered. HCS CSSB 60(FIN) am H was read the third time. The question being: "Shall HCS CSSB 60(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 60(FIN) am H Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1869 SB 60 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson And so, HCS CSSB 60(FIN) am H 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 Navarre gave notice of reconsideration of his vote on HCS CSSB 60(FIN) am H. UNFINISHED BUSINESS HB 81 Representative Phillips moved and asked unanimous consent that the House rescind action in failing to concur in the Senate amendment to the following (page 1758): CS FOR HOUSE BILL NO. 81(FIN) am "An Act relating to the longevity bonus program." namely: SENATE CS FOR CS FOR HOUSE BILL NO. 81(RLS) (same title) Objection was heard. The question being: "Shall the House rescind action in failing to concur in the Senate amendment to CSHB 81(FIN) am?" The roll was taken with the following result: 1993-05-10 House Journal Page 1870 HB 81 SCS CSHB 81(RLS) Rescind Action in Failing to Concur YEAS: 35 NAYS: 5 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Davidson, Hoffman, Menard, Sanders, Willis And so, the motion passed. Representative Phillips moved that the House concur in the Senate amendment to CSHB 81(FIN) am, thus adopting SCS CSHB 81(RLS). The Speaker stated that all members having a conflict of interest must vote. The question being: "Shall the House concur in the Senate amendment to CSHB 81(FIN) am?" The roll was taken with the following result: SCS CSHB 81(RLS) Concur YEAS: 27 NAYS: 13 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brown, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Nicholia, Sanders, Sitton, Willis 1993-05-10 House Journal Page 1871 HB 81 And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 81(RLS). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 81(RLS) was referred to the Chief Clerk for enrollment. HB 275 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1754) on the following at this time: 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." and SENATE CS FOR CS FOR HOUSE BILL NO. 275(FIN) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 275(FIN) am, thus adopting SCS CSHB 275(FIN) am S. The question being: "Shall the House concur in the Senate amendment to CSHB 275(FIN) am?" The roll was taken with the following result: SCS CSHB 275(FIN) am S Concur YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Davies, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Larson, MacLean, Martin, Mulder, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams 1993-05-10 House Journal Page 1872 HB 275 Nays: Brown, Carney, Davidson, B.Davis, Finkelstein, Foster, Hoffman, Kott, Mackie, Menard, Moses, Navarre, Olberg, Willis And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 275(FIN) am S. 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: SCS CSHB 275(FIN) am S Concur Effective Dates YEAS: 38 NAYS: 2 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, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Menard, Sanders And so, the effective date clauses were adopted. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 275(FIN) am S was referred to the Chief Clerk for enrollment. HCR 7 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1829) on the following at this time: HOUSE CONCURRENT RESOLUTION NO. 7 Relating to Alcohol-Related Birth Defects Awareness Week. 1993-05-10 House Journal Page 1873 HCR 7 and SENATE CS FOR HOUSE CONCURRENT RESOLUTION NO. 7(HES) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HCR 7, thus adopting SCS HCR 7(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HCR 7?" The roll was taken with the following result: SCS HCR 7(HES) Concur 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 And so, the House concurred in the Senate amendment, thus adopting SCS HCR 7(HES). The Chief Clerk was instructed to so notify the Senate. SCS HCR 7(HES) was referred to the Chief Clerk for enrollment. HB 102 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1829) on the following at this time: 1993-05-10 House Journal Page 1874 HB 102 CS FOR HOUSE BILL NO. 102(FIN) "An Act relating to the Alaska Labor Relations Agency; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 102(L&C) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 102(FIN), thus adopting SCS CSHB 102(L&C), and recommended that the members vote yes. The call was lifted. The question being: "Shall the House concur in the Senate amendment to CSHB 102(FIN)?" The roll was taken with the following result: SCS CSHB 102(L&C) Concur YEAS: 35 NAYS: 1 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Davidson Absent: Brown, Foster, Moses, Ulmer And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 102(L&C). 1993-05-10 House Journal Page 1875 HB 102 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. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 102(L&C) was referred to the Chief Clerk for enrollment. HB 178 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 1754) on the following at this time: HOUSE BILL NO. 178 "An Act adding children under the age of 21 who are eligible for adoption assistance because of special needs to the optional Medicaid coverage list and revising the order of priority in which groups eligible for optional Medicaid coverage are eliminated; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 178(HES) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 178, thus adopting SCS HB 178(HES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 178?" The roll was taken with the following result: SCS HB 178(HES) Concur YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1993-05-10 House Journal Page 1876 HB 178 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, the House concurred in the Senate amendment, thus adopting SCS HB 178(HES). 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. The Chief Clerk was instructed to so notify the Senate. SCS HB 178(HES) was referred to the Chief Clerk for enrollment. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE A message dated May 10, 1993, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 165 CS FOR SENATE BILL NO. 165(FIN) am by the Senate Finance Committee, entitled: "An Act making an appropriation to the Alyeska Settlement Fund and making appropriations from the Alyeska Settlement Fund; making, amending, and repealing operating and capital appropriations; and providing for an effective date." was read the first time and referred to the Finance Committee. 1993-05-10 House Journal Page 1877 REPORTS OF STANDING COMMITTEES SB 7 The Finance Committee has considered: CS FOR SENATE BILL NO. 7(FIN) am(reengrossed) "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; relating to reimbursement of school construction debt, and to school construction bonds issued by the Alaska Municipal Bond Bank Authority; 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 (7): MacLean, Larson, Hanley, Parnell, Martin, Brown, Therriault No recommendation (3): Grussendorf, Hoffman, Foster Amend (1): Navarre The following fiscal note applies to CSSB 7(FIN) am(reengrossed): Fiscal note, Dept. of Education, 5/10/93 CSSB 7(FIN) am(reengrossed) was referred to the Rules Committee for placement on the calendar. SB 183 The Finance Committee has considered: CS FOR SENATE BILL NO. 183(FIN) am(reengrossed) "An Act making special appropriations for restoration projects relating to the Exxon Valdez oil spill and for oil spill response projects; making appropriations for capital project matching grant funds; making appropriations for capital projects; making an appropriation to pay judgment, interest, and attorney fees for Frontier Flying Service v. Turpin; and providing for an effective date." 1993-05-10 House Journal Page 1878 SB 183 and recommends it be replaced with: HCS FOR CS FOR SENATE BILL NO. 183(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): MacLean, Larson, Hanley, Parnell, Martin, Hoffman Amend (2): Therriault, Navarre CSSB 183(FIN) am(reengrossed) was referred to the Rules Committee for placement on the calendar. UNFINISHED BUSINESS HCR 23 The following which was on yesterday's supplemental calendar and held to today (page 1822) was returned to the Rules Committee: HOUSE CONCURRENT RESOLUTION NO. 23 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 60, making appropriations for school construction projects and additional district support. HB 93 Representative Mackie added his name as cosponsor to: CS FOR HOUSE BILL NO. 93 (CRA) "An Act relating to the village public safety officers program." ENGROSSMENT HB 168 In accordance with Rule 43(b) of the Uniform Rules, the Speaker waived engrossment of CSHB 168(FIN) am and it was referred to the Chief Clerk for transmittal to the Senate with copies of certified amendments attached. 1993-05-10 House Journal Page 1879 SB 51 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: SENATE BILL NO. 51 am H "An Act providing for establishment of work camps for juveniles adjudicated delinquent, and extending to all cities and to nonprofit corporations authority to maintain facilities for juveniles." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Finance Committee upon adj, 5/10 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., May 11, 1993. There being no objection, the House adjourned at 11:26 p.m. J.C. Shine Chief Clerk