Legislature(1993 - 1994)
1994-01-14 House Journal
Full Journal pdf1994-01-14 House Journal Page 2059 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday January 14, 1994 Fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:03 a.m. Roll call showed 36 members present. Representative Williams had been previously excused from a call of the House today. Representatives Mackie and Parnell were excused due to illness. Representative Hoffman was absent. The invocation was offered by the Chaplain, Pastor Chris Grube of the Church of the Nazarene. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Our Father, we come with great confidence and conviction knowing that You are the God of all creation and we, part of Your creation, stand before You today in this house. We thank You for Your mercy and grace that has kept us safe from the evils of this world that have attacked and plagued so many. Jesus, I call out to You today on behalf of these men and women, who not only need Your wisdom and guidance for the job that lies before them. But I would ask that You would invade each aspect of their lives so that all they do and say will be in conformity to Your will and for this state that they represent. 1 1994-01-14 House Journal Page 2060 I would also ask Lord, that the relationship You began at the Cross of Calvary would become a living reality to these great men and women today, as that relationship has become a living reality to me. May they know what it means to walk with God. Would You help these men and women to walk with You on that holy highway in obedience to You. I know that if they walk with You, that You will `open the windows of heaven and pour out so much blessing that they will not have room enough to contain it.' Would You help them to look beyond the concerns and challenges that confront them this year, to You who has written the last chapter. In the wonderful name of Jesus we pray. Amen." The Pledge of Allegiance was led by Representative Davies. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the fourth legislative day and Senate & House Joint Journal Supplement No. 11 be approved as certified by the Chief Clerk. There being no objection, it was so ordered. COMMUNICATIONS Letters of disclosure were received in accordance with AS 24.60 and will appear in House Journal Supplement No. 9 and House & Senate Joint Journal Supplement No. 12. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1994-01-14 House Journal Page 2061 Honoring - Emily Ransom By Representative G.Davis Honoring - The Fairbanks Red Hackle Pipe Band, 20th Anniversary By Representative Brice Honoring - The Alaska Goldpanners of Fairbanks, 30th Anniversary By Representative Brice In Memoriam - Donald F. Wood By Representatives Sitton, James, Brice, Davies INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 255 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 255 by the House State Affairs Committee, entitled: "An Act relating to application of the Public Employment Relations Act to municipalities and other political subdivisions." was read the first time and referred to the Community & Regional Affairs, State Affairs and Finance Committees. HB 332 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 332 by Representatives SITTON, BRICE, NORDLUND, Ulmer and Brown, entitled: "An Act establishing the Alaska Public Health Commission." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 369 HOUSE BILL NO. 369 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: 1994-01-14 House Journal Page 2062 HB 369 "An Act relating to state leases and to state lease-purchase and lease-financing agreements, and repealing a legislative authorization previously given for acquisition of a facility through a lease-purchase agreement; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 370 HOUSE BILL NO. 370 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated January 14, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting legislation making appropriations for operating and loan program expenses for fiscal year 1995. As in past years, I am introducing two appropriation bills: one for the "agency operations" part of government, and one that appropriates the funding necessary to meet the costs of formula-funded programs. This "agency operations" bill provides funding for the many programs that provide services to Alaskans, as well as the Legislative Branch and Court System, and is a 1 percent decrease from what we are spending on these programs this year. In putting together the fiscal year 1995 operating budget, my overriding concern was to focus on the state meeting its basic and traditional responsibilities to its citizens. Since there is no more basic responsibility than protecting the life and property of Alaskans, the state has an obligation to see that law enforcement is adequately funded. 1994-01-14 House Journal Page 2063 HB 370 My budget meets this obligation: *Almost $1.2 million in increased funding is targeted for the Alaska State Troopers so they can better respond to Alaskans in need; *An additional $1.1 million is proposed to maintain the state's ability to prosecute and defend indigent criminals; and *Over $.7 million in increased funding is proposed for the Department of Corrections to ensure Alaska's overcrowded prisons will remain secure. Another basic service the state must provide its citizens is ensuring the safety of the state's roads. To meet this $6.6 million in additional funding is provided in this bill. Included in this bill is the Alaska Court System Budget as submitted to our office. The challenge to meet the basic needs of Alaskans will grow more difficult as the state's oil revenues decline. I look forward to working with the Legislature in meeting this challenge. Additional information pertaining to the appropriations requested in this bill are being furnished to the Legislature by my Office of Management and Budget. With best regards. Sincerely, /s/ Walter J. Hickel Governor" 1994-01-14 House Journal Page 2064 HB 371 HOUSE BILL NO. 371 by the House Rules Committee by request of the Governor, entitled: "An Act making appropriations for operating expenses for certain programs for which the costs are derived from mandated formulas or criteria, and for expenses for certain leases and contracts for state services and operations; and providing for an effective date." was read the first time and referred to the Finance Committee. The Governor's transmittal letter, dated January 14, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting legislation making appropriations for formula-funded program expenses for fiscal year 1995. As in past years, I am introducing two appropriation bills: one for the "agency operations" part of government, and one that appropriates the funding necessary to meet the costs of formula-funded programs. This bill provides funding for these formula programs. Formula programs represent 47 percent of the state's fiscal year 1995 general fund operating budget. Due to the demands of uncontrollable increases in the number of participants in these programs, these programs have experienced tremendous increases in recent years. For fiscal year 1995, however, my proposed budget finally puts a halt to this trend. It is a decrease of 2.5 percent from this current fiscal year. This bill maintains funds for our K-12 educational system at the FY94 level of $675,234,600. Over $34.8 million in increased general funds is provided to meet the projected increases in medicaid and public assistance programs, many of which are services mandated by the federal government. While these increases have slowed as a result of legislation enacted last session, we must continue to make certain Alaskans currently on welfare can get off that merry-go-round. We must provide them with 1994-01-14 House Journal Page 2065 HB 371 the training that will prepare them for productive jobs, and then make certain we have a healthy economy so jobs are available to them. Another area of significant reduction is in the municipal assistance and revenue-sharing programs. I understand this reduction will capture the attention of just about every community throughout the state, but my goal is simple: to encourage local governments with a tax base to pay for local services. The programs included in this appropriations bill represent the fastest growing area of state government. Controlling their costs continues to be a high priority for my Administration. I look forward to working with the Legislature on achieving this goal. Additional information pertaining to the appropriations requested in this bill are being furnished to the Legislature by my Office of Management and Budget. With best regards. Sincerely, /s/ Walter J. Hickel Governor" HB 372 HOUSE BILL NO. 372 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act relating to the four dam pool transfer fund." was read the first time and referred to the Finance Committee. HB 373 HOUSE BILL NO. 373 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: 1994-01-14 House Journal Page 2066 HB 373 "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 374 HOUSE BILL NO. 374 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act relating to reimbursable service agreements and other agreements between state agencies for the purchase of services." was read the first time and referred to the Finance Committee. HB 375 HOUSE BILL NO. 375 by the House Rules Committee by request of the Legislative Budget and Audit Committee, entitled: "An Act relating to investments of the permanent fund in certain limited partnerships each of whose principal purpose is investment in securities of public or private companies; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 376 HOUSE BILL NO. 376 by the House Rules Committee by request of the Governor, entitled: "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. 1994-01-14 House Journal Page 2067 HB 376 The following fiscal notes apply: Fiscal notes (3), Dept. of Health & Social Services, 1/14/94 Fiscal note, Dept. of Administration, 1/14/94 Zero fiscal note, Dept. of Administration, 1/14/94 The Governor's transmittal letter, dated January 14, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to services for and protection of vulnerable adults. This bill will place responsibility for the delivery of services to vulnerable adults within the Department of Administration. This bill also extends the scope of existing adult protective services to include all vulnerable adults who are in need of such services. Section 1 of the bill clarifies the circumstances that give rise to a duty to make a report of a vulnerable adult. The circumstances are abandonment, exploitation, abuse, neglect, or self-neglect. Under this section, the report will be made to the Department of Administration. This section also deletes the existing liability immunity provisions, which are later reestablished in sec. 6 of the bill. Section 2 sets out the duties of the Department of Administration regarding services and protection for vulnerable adults. The duties include establishing a central information and referral service for vulnerable adults, establishing criteria and procedures for the delivery of community-based services, designation of local service providers as department designees to meet local service needs, and adoption of regulations to implement the program. Section 2 also sets out provisions regarding certain reports of abandonment, exploitation, abuse, neglect, or self-neglect, and 1994-01-14 House Journal Page 2068 HB 376 regarding the action that is to be taken on all reports. The investigation required to be done by the Department of Administration includes a face-to-face interview and a written report of findings. Section 2 also provides for delivery of protective services and assures that, to the extent practicable, the services will be delivered in a timely and culturally relevant manner. Section 2 provides authorization for family members or friends to be surrogate decision makers for a vulnerable adult who is in need of protective services but is unable to consent to services. This provision allows for the delivery of necessary protective services without the necessity of seeking an emergency guardianship in adult abuse cases. Section 2 also sets out the procedures available for providing protective services when court action to protect the adult is necessary. Section 3 repeals and reenacts an existing statute to provide for monitoring of vulnerable adults who are receiving ongoing protective services. Section 4 addresses the confidentiality of reports made under these provisions; sec. 5 requires that regulations being adopted by the Department of Administration be provided to the Older Alaskans Commission; and sec. 6 provides for immunity from liability for individuals who make reports of vulnerable adults. Section 7 sets out, in a more appropriate location, definitions for terms used in AS47.24. The existing definition section is repealed in sec. 8. Section 8 of the bill also repeals existing statutes that address reports of abuse of elderly and disabled persons to the Department of Health and Social Services. Section 11 provides a July 1, 1994 effective date for the statutory changes made by the bill. If this bill is enacted into law, the revisor of statutes will need to make appropriate changes to the existing article structure of AS47.24. 1994-01-14 House Journal Page 2069 HB 376 I urge your support of this important legislation. Sincerely, /s/ Walter J. Hickel Governor" HB 377 HOUSE BILL NO. 377 by the House Rules Committee by request of the Governor, entitled: "An Act relating to assisted living homes; repealing references to residential facilities for dependent adults; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Health & Social Services, 1/14/94 Zero fiscal note, Dept. of Administration, 1/14/94 The Governor's transmittal letter, dated January 14, 1994 appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill related to assisted living homes. An assisted living home is a residential facility that serves adults, provides housing and food service, and provides or obtains for the residents assistance with activities of daily living, personal assistance or health-related services. Medical facilities licensed under AS18.20, such as nursing homes and hospitals, and certain other types of residential facilities (including correctional facilities and emergency shelters) are not classified as assisted living homes under this bill. 1994-01-14 House Journal Page 2070 HB 377 Although assisted living homes are not health care or medical facilities, they may provide or obtain various health-related services for residents, such as intermittent nursing care, supervision of the resident's self-administration of medications, and needed care and comfort to terminally ill patients who are under the care of a doctor who verifies that the needs of the resident are being met in the assisted living home. The bill is intended to promote the establishment of assisted living homes that will provide a home-like setting as well as certain health- related services or assistance with certain personal activities. Such services will allow the elderly to age in place, rather than having to be transferred to a more institutionalized nursing-home setting, and will allow adults with a physical or mental disability to become integrated into their community. Currently, the Department of Health and Social Services, under AS47.35, licenses and regulates certain facilities that care for dependent adults. Under this bill, that licensing structure will be deleted and replaced by a new chapter (AS47.33) that provides for assisted living homes. Responsibility for licensing and regulating the homes will be split between the Department of Health and Social Services and the Department of Administration. The Department of Administration will be responsible for licensure of assisted living homes that will be providing care primarily to individuals who are elderly, who have a physical disability, or who suffer from dementia, but who are not diagnosed as chronically mentally ill. Licensure of assisted living homes that will be providing care primarily to individuals with a mental or developmental disability will be the responsibility of the Department of Health and Social Services. Provision is made for joint agency determination of the appropriate licensing agency in cases in which that designation cannot easily be made. The Department of Health and Social Services, division of family and youth services, will continue to license residential homes and facilities for children under AS47.35. The respective licensing agencies will be responsible for investigating complaints filed regarding assisted living homes and for taking necessary action to protect residents through administrative actions. 1994-01-14 House Journal Page 2071 HB 377 The main body of the bill is contained in sec. 1 of the bill, which defines "assisted living home," describes certain services, sets certain operating standards, and provides for licensing and regulations. For example, sec. 1 specifically provides for the safeguarding of money that a resident of an assisted living home deposited with the home for safekeeping and management. Section 1 also requires assisted living homes to keep records regarding residents' care, as well as provide their residents with information regarding residents' rights at the home, including timely notice regarding closure or relocation, notice of any change in rates, and protections in case of an action for involuntary discharge from the home. Furthermore, the bill states that an individual may not be admitted to an assisted living home without that person's consent, or, if the individual is not competent, the consent of the individual's representative. In addition, an individual may not be admitted as a resident of an assisted living home unless an admission contract has been signed by the individual (or the individual's representative, if appropriate) and the home. The bill also requires that an assisted living plan for a resident be developed, and approved by the resident (or the resident's representative, if appropriate), within 30 days after that resident was admitted to the home. The plan is designed to identify the reasonable wants and needs of the resident and the ways in which those wants and needs will be met. Section 1 of the bill also contains a lengthy list of residents' rights. These rights are designed to protect the residents' privacy and independence and to allow residents to be able to participate in grievance procedures or other remedial actions relating to resident complaints regarding how an assisted living home is providing care. Under the bill, certain complaints may be filed with the appropriate licensing agency; the licensing agencies have investigatory and sanction authority. Sections 2 through 12 of the bill amend existing statutory provisions to acknowledge the provisions in sec. 1 of the bill. Section 13 of the bill contains transition provisions regarding regulations and pending 1994-01-14 House Journal Page 2072 HB 377 proceedings. Sections 14 and 15 allow the Department of Health and Social Services and the Department of Administration to prepare and adopt, before the effective date of the bill, regulations necessary to implement the bill. The new regulations cannot take effect before the effective date of the bill (January1, 1995). I urge your support of this important legislation. Sincerely, s/ Walter J. Hickel Governor" HB 378 HOUSE BILL NO. 378 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." was read the first time and referred to the State Affairs, Health, Education & Social Services and Finance Committees. The following fiscal note applies: Zero fiscal note, Dept. of Administration, 1/14/94 The Governor's transmittal letter, dated January 14, 1994, appears below: 1994-01-14 House Journal Page 2073 HB 378 "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the Older Alaskans Commission, the Alaska Pioneers' Homes Advisory Board, and certain programs and services for older Alaskans. The bill changes the name of the Older Alaskans Commission to the Alaska Commission on Aging, decreases the number of required yearly commission meetings, and extends the termination date of the commission. The bill also makes changes in the allocation of functions of the commission, the commission's executive director, and the commissioner of administration. For example, the commission, with the approval of the commissioner of administration, will set policy for the administration of federal programs under the federal Older Americans Act. The executive director, with the commissioner of administration's approval, will administer those programs. The executive director for the commission also will be responsible for the formulation and presentation to the commission of the comprehensive statewide plan that identifies the concerns and needs of older Alaskans. The commission will be responsible for approving a final plan. The bill also makes certain changes in the composition and duties of the Alaska Pioneers' Homes Advisory Board. The board will be increased from seven to eight members; the new member will be the chairperson of the Alaska Commission on Aging. (Under existing law, the chair of the Alaska Pioneers' Homes Advisory Board is a member of the Older Alaskans Commission.) The bill also decreases the number of board meetings that must be held during a year. Additionally, the Department of Administration plans to administratively establish a division of senior services to better coordinate services to older Alaskans. The Alaska Commission on Aging and the Alaska Pioneers' Homes Advisory Board would be located administratively in that new division. The new division would replace the existing division of pioneers' benefits and would assume 1994-01-14 House Journal Page 2074 HB 378 responsibility for activities currently assigned to that division, which include administration of the pioneers' homes and the longevity bonus program. The enactment of this bill into law, along with the administrative creation of the new division, will assure improved, coordinated efforts to address the varied problems confronting older Alaskans. Sincerely, /s/ Walter J. Hickel Governor" HB 379 HOUSE BILL NO. 379 by Representative Davies, entitled: "An Act relating to liability for damages to natural resources." was read the first time and referred to the Resources, Judiciary and Finance Committees. HB 380 HOUSE BILL NO. 380 by Representative Davies, entitled: "An Act relating to police reporting of offenses involving domestic violence." was read the first time and referred to the Community & Regional Affairs and Judiciary Committees. 1994-01-14 House Journal Page 2075 CONSIDERATION OF THE DAILY CALENDAR HJR 9 Representative Ulmer moved and asked unanimous consent that the following be returned to the Finance Committee: HOUSE JOINT RESOLUTION NO. 9 Proposing an amendment to the Constitution of the State of Alaska prohibiting the imposition of state personal income taxation, state ad valorem taxation on real property, or state retail sales taxation without the approval of the voters of the state. Representative Phillips objected. The Speaker placed a call of the House. The call was satisfied. The question being: "Shall HJR 9 be returned to the Finance Committee? The roll was taken with the following result: HJR 9 Return to the Finance Committee YEAS: 16 NAYS: 21 EXCUSED: 3 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Mackie, Parnell, Williams And so, the motion failed. 1994-01-14 House Journal Page 2076 SECOND READING OF HOUSE RESOLUTIONS HJR 9 HJR 9 was read the second time, with the: Journal Page STA RPT 3DP 2DNP 2NR 209 -FISCAL NOTE (GOV) 2/3/93 209 -ZERO FISCAL NOTE (REV) 2/3/93 209 JUD RPT 1DP 4NR 318 -PREVIOUS FN (GOV) 2/3/93 319 -PREVIOUS ZERO FN (REV) 2/3/93 319 FIN RPT 4DP 2DNP 1102 -PREVIOUS FN (GOV) 2/3/93 1103 -PREVIOUS ZERO FN (REV) 2/3/93 1103 Amendment No. 1 was offered by Representative Davies: Page 1, line 9, after "establishing a state tax on": Insert "gasoline tax, fisheries tax, alcohol tax, cigarette tax," Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. The Speaker lifted the call. **The presence of Representative Hoffman was noted. ANNOUNCEMENTS Representative Ulmer announced a Minority Caucus upon a motion to recess. The Speaker stated that the House would recess until 5:00 p.m. There being no objection, the House recessed at 11:38 a.m. 1994-01-14 House Journal Page 2077 AFTER RECESS The Speaker called the House back to order at 5:08 p.m. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that Representatives Sitton and Brice be excused from a call of the House due to illness. There being no objection, it was so ordered. SECOND READING OF HOUSE RESOLUTIONS (continued) HJR 9 HJR 9 was again before the House. Representative Davies moved and asked unanimous consent that Amendment No. 1 be withdrawn. There being no objection, it was so ordered. New Amendment No. 1 was offered by Representative Davies: Page 1, line 4, after "state" (title amendment): Insert ", and prohibiting a change in the rate of a tax that is imposed on fisheries, motor fuels, tobacco, or alcohol that is in effect on January 1, 1995, without the approval of the voters of the state" Page 1, line 10, after "retail sales tax": Insert "and a law changing the rate of a tax that is imposed on fisheries, motor fuels, tobacco, or alcohol that is in effect on January 1, 1995," Representative Davies moved and asked unanimous consent that New Amendment No. 1 be adopted. Objection was heard. 1994-01-14 House Journal Page 2078 HJR 9 The question being: "Shall New Amendment No. 1 be adopted? The roll was taken with the following result: HJR 9 Second Reading New Amendment No. 1 YEAS: 12 NAYS: 23 EXCUSED: 5 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Menard, Navarre, Nicholia, Nordlund, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey Excused: Brice, Mackie, Parnell, Sitton, Williams Ulmer changed from "Yea" to "Nay". And so, New Amendment No. 1 was not adopted. The Speaker ruled Amendment Nos. 2, 3 and 4 out of order, citing Mason's Manual, section 402. Representative Navarre appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: Uphold Ruling of the Chair YEAS: 21 NAYS: 14 EXCUSED: 5 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis 1994-01-14 House Journal Page 2079 HJR 9 Excused: Brice, Mackie, Parnell, Sitton, Williams And so, the ruling of the Chair was upheld. Amendment No. 5 was offered by Davidson: Page 1, line 4, after "state" (title amendment): Insert ", and prohibiting a change in the rate of a tax that is imposed on fisheries without the approval of the voters of the tax." Representative Davidson moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. Representative Davidson moved and asked unanimous consent that the following amendment to Amendment No. 5 be adopted. There being no objection, it was so ordered. Amendment No. 5 as amended: After "voters of the": Delete "tax" Insert "state" Add: Page 1, line 10, after ",": Insert "a fisheries tax," Representative Davidson moved and asked unanimous consent that Amendment No. 5 as amended be adopted. Representative Phillips objected. 1994-01-14 House Journal Page 2080 HJR 9 The question being: "Shall Amendment No. 5 as amended be adopted?" The roll was taken with the following result: HJR 9 Second Reading Amendment No. 5 as amended YEAS: 12 NAYS: 22 EXCUSED: 5 ABSENT: 1 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Mackie, Parnell, Sitton, Williams Absent: Menard And so, Amendment No. 5 as amended was not adopted. The Speaker ruled Amendment No. 6 out of order. Representative Ulmer appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be upheld?" The roll was taken with the following result: Uphold Ruling of the Chair YEAS: 23 NAYS: 11 EXCUSED: 5 ABSENT: 1 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Navarre, Nordlund, Ulmer, Willis Excused: Brice, Mackie, Parnell, Sitton, Williams 1994-01-14 House Journal Page 2081 HJR 9 Absent: Menard And so, the ruling of the Chair was upheld. Representative Phillips moved and asked unanimous consent that HJR 9 be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HJR 9 will be in third reading on the January 18, 1994, calendar. 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 - Julian Darley By Representatives Green, Martin, Barnes, Bunde, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis; Senators Pearce, Kelly, Taylor, Leman, Phillips, Rieger, Miller Honoring - Perry G. Corsetti, 1992-93 Sallie Mae Teacher Award By Representatives James, Bunde, B.Davis, Foster, Hanley, Menard, Sitton, Willis Honoring - Dr. Martin Luther King Jr. Day By Representatives B.Davis, Brice, Brown, Finkelstein, Foster, James, MacLean, Menard, Navarre, Nordlund, Parnell, Sitton, Willis Honoring - Hanshew Junior High School Cultural Unity Day, Dr. Martin Luther King Birthday Celebration By Representatives Parnell, Bunde, Green, B.Davis, James, Menard, Navarre, Sanders, Toohey; Senator Rieger 1994-01-14 House Journal Page 2082 Honoring - Justin K. Van Dyke By Senator Little; Representatives G.Davis, B.Davis, James, Menard, Navarre Honoring - Frank R. Hayward By Senator Zharoff; Representatives B.Davis, James, MacLean, Menard Honoring - Michael J. Burns and KeyCorp Alaska Employees for "Neighbors Make the Difference" By Senator Ellis; Representatives Brown, B.Davis, Finkelstein, Hanley, James, Menard, Navarre, Nordlund, Porter, Willis In Memoriam - Stephen "Steve" Chester Jacoby By Representatives Hudson, Ulmer, B.Davis, James, MacLean, Menard; Senator Duncan UNFINISHED BUSINESS HCR 24 Representative Green added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 24 Supporting the governor's decision to authorize a suit against the United States government for violating the Alaska Statehood Act. HCR 25 Representative Green added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 25 Relating to a state materials exchange. HB 132 Representative Foster added his name as cosponsor to: HOUSE BILL NO. 132 "An Act extending the time period of all permits issued by the state relating to the extraction or removal of resources if the holder of the permits is involved in litigation concerning the issuance or validity of any permit related to the extraction or removal." 1994-01-14 House Journal Page 2083 HB 306 Representative Green added his name as cosponsor to: HOUSE BILL NO. 306 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." HB 322 Representative Green added his name as cosponsor to: HOUSE BILL NO. 322 "An Act relating to the regulation of alcohol in state parks, recreation areas, and historic sites." HB 326 Representative Green added his name as cosponsor to: HOUSE BILL NO. 326 "An Act providing that a political use is not an authorized use of charitable gaming proceeds; prohibiting the contribution of charitable gaming proceeds to candidates for certain public offices, their campaign organizations, or to political groups; providing that a political group is not a qualified organization for purposes of charitable gaming; relating to what is a qualified organization for the purpose of charitable gaming permitting; and providing for an effective date." HB 327 Representative Green added his name as cosponsor to: HOUSE BILL NO. 327 "An Act extending the termination date of the Board of Veterinary Examiners; and providing for an effective date." HB 332 Representative Brown added her name as cosponsor to: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 332 "An Act establishing the Alaska Public Health Commission." 1994-01-14 House Journal Page 2084 HB 333 Representative Toohey added her name as cosponsor to: HOUSE BILL NO. 333 "An Act amending the Alaska Land Act to define the term `state selected land' for the purpose of recognizing mining locations, and giving retrospective effect to the amendment; and providing for an effective date." HB 335 Representative Green added his name as cosponsor to: HOUSE BILL NO. 335 "An Act relating to disclosures of information about minors, and directing disclosure to certain persons of the identity of an offender who is a minor subject to prosecution as an adult or adjudication as a delinquent minor as a result of violating a criminal law of the state or a municipality that is a felony and to certain information about the offense allegedly committed by the minor." HB 337 Representative Green added his name as cosponsor to: HOUSE BILL NO. 337 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers." HB 347 Representative James added her name as cosponsor to: HOUSE BILL NO. 347 "An Act relating to long-term plans of certain state agencies." ANNOUNCEMENTS Majority Caucus Speaker's Chamber 10:00 a.m.,1/17 Martin Luther King Day Centennial Hall 2:00 p.m.,1/17 Celebration 1994-01-14 House Journal Page 2085 Please file requests for excused absences with the Majority Leader's office three days in advance whenever possible. House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., Tuesday, January 18, 1994. There being no objection, the House adjourned at 6:02 p.m. Suzi Lowell Chief Clerk