Legislature(1993 - 1994)

1994-01-18 House Journal

Full Journal pdf

1994-01-18                     House Journal                      Page 2093
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                      Tuesday           January 18, 1994         
                                                                               
                                                                               
                                  Ninth Day                                  
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 11:04 a.m.                                                           
                                                                               
                                                                               
Roll call showed 37 members present.  Representative B.Davis had               
been previously excused from a call of the House today.                        
Representatives Carney and Ulmer were excused due to illness.                  
                                                                               
                                                                               
The invocation was offered by the designated Chaplain of the day,              
Representative Martin.  Representative Parnell 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."                         
(Prayer of St. Francis of Assisi)                                             
                                                                               
                                       1                                       

1994-01-18                     House Journal                      Page 2094
The Pledge of Allegiance was led by Representative Navarre.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journals for the fifth, sixth, seventh and eighth legislative days and the     
House Journal Supplement No. 9 and House & Senate Joint Journal                
Supplement No. 12 be approved as certified by the Chief Clerk.  There          
being no objection, it was so ordered.                                         
                                                                               
                                                                               
                          MESSAGES FROM THE GOVERNOR                         
                                                                               
A letter, dated January 14, 1994, was read stating that, in accordance         
with AS 39.05.080 and Article III, Sections 25 and 26 of the Alaska            
Constitution, the Governor submits the following names for legislative         
confirmation of appointment to the positions noted:                            
                                                                               
		Attorney General, Dept. of Law                                               
		Bruce M. Botelho                                                             
                                                                               
was referred to the Judiciary Committee.                                       
                                                                               
		Commissioner, Dept. of Health & Social Services                              
Margaret R. Lowe                                                             
                                                                               
was referred to the Health, Education & Social Services Committee.             
                                                                               
		Commissioner, Dept. of Natural Resources                                     
		Harry A. Noah                                                                
                                                                               
was referred to the Resources Committee.                                       
                                                                               
Resumes for the appointments are on file in the Chief Clerk's office.          
                                                                               
                                                                               
                                COMMUNICATIONS                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               

1994-01-18                     House Journal                      Page 2095
Dept. of Administration                                                       
                                                                               
Monetary Terms of 1993-96                                                    
Collective Bargaining Agreement                                             
			between the State of Alaska and the                                         
Marine Engineer's Beneficial Association                                    
(as required by AS 23.40.215)                                                
                                                                               
Monetary Terms of the Collective Bargaining                                  
			Agreement between the State of Alaska and the                               
Alaska Vocational Technical Center Teachers                                 
Association                                                                 
(as required by AS 23.40.215)                                                
                                                                               
Monetary Terms of the Collective Bargaining                                  
			Agreement between the State of Alaska and the                               
			Alyeska Central Study Education Association                                 
(as required by AS 23.40.215)                                                
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Patti Foldager                                                      
By Representative G.Davis                                                      
                                                                               
Honoring - Steve Buchanan                                                      
By Representative G.Davis                                                      
                                                                               
Honoring - Lower Kuskokwim School District, 1993 Education                     
Program of the Year                                                           
By Representative Hoffman                                                      
                                                                               
In Memoriam - William Carl "Bill" Bivin                                        
By Representative Hoffman                                                      
                                                                               
In Memoriam - Charles William Guinn                                            
By Representative Hoffman                                                      
                                                                               

1994-01-18                     House Journal                      Page 2096
In Memoriam - Cakun'ik Dorothy Marie Aloysius                                  
By Representative Hoffman                                                      
                                                                               
In Memoriam - Right Reverend William J. Gordon, Jr.                            
By Senators Frank, Lincoln, Sharp, Miller; Representatives Brice,              
Davies, Olberg, Nicholia, Vezey, James, Therriault                             
                                                                               
In Memoriam - Lawrence Alan "Larry" Carlson                                    
By Senator Duncan; Representatives Hudson, Ulmer                               
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                             OF HOUSE RESOLUTIONS                             
                                                                               
HCR 26                                                                       
HOUSE CONCURRENT RESOLUTION NO. 26 by the House Labor                          
& Commerce Committee:                                                          
                                                                               
Declaring 1994 to be the year of Vancouver.                                   
                                                                               
was read the first time and referred to the Transportation Committee.          
                                                                               
HCR 27                                                                       
HOUSE CONCURRENT RESOLUTION NO.  27 by Representative                          
Bunde:                                                                         
                                                                               
Relating to support for the National Rifle Association's gun safety           
program for children.                                                          
                                                                               
was read the first time and referred to the State Affairs Committee.           
                                                                               
HJR 49                                                                       
HOUSE JOINT RESOLUTION NO. 49 by Representative Green:                         
                                                                               
Requesting the United States Department of the Interior to clarify            
regulations being proposed under the Oil Pollution Act of 1990                 
relating to evidence of financial responsibility that must be shown            
by offshore facilities.                                                        
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               

1994-01-18                     House Journal                      Page 2097
HJR 50                                                                       
HOUSE JOINT RESOLUTION NO. 50 by Representative Moses:                         
                                                                               
Relating to the North Pacific Fishery Management Council                      
comprehensive rationalization plan.                                            
                                                                               
was read the first time and referred to the House Special Committee            
on Fisheries and the Resources Committee.                                      
                                                                               
                                                                               
                   INTRODUCTION, FIRST READING AND REFERENCE                  
                                OF HOUSE BILLS                                
                                                                               
HB 184                                                                       
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 184 by                                   
Representatives James, Therriault and Olberg, entitled:                        
                                                                               
"An Act making a special appropriation to the Department of                   
Transportation and Public Facilities to determine the cost of                  
acquiring real property within the right-of-way of the proposed                
extension of the Alaska Railroad from Eielson Air Force Base to                
the Alaska-Canada border; and providing for an effective date."                
                                                                               
was read the first time and referred to the Transportation and Finance         
Committees.                                                                    
                                                                               
HB 381                                                                       
HOUSE BILL NO. 381 by Representatives Moses, Olberg and                        
Grussendorf, entitled:                                                         
                                                                               
"An Act relating to the commercial fishing revolving loan fund                
and the fisheries enhancement revolving loan fund; and providing               
for an effective date."                                                        
                                                                               
was read the first time and referred to the Labor & Commerce and               
Finance Committees.                                                            
                                                                               
HB 382                                                                       
HOUSE BILL NO. 382 by Representative Davies, entitled:                         
                                                                               
"An Act relating to solid waste management."                                  
                                                                               

1994-01-18                     House Journal                      Page 2098
HB 382                                                                       
was read the first time and referred to the Resources and Finance              
Committees.                                                                    
                                                                               
HB 383                                                                       
HOUSE BILL NO. 383 by Representatives Foster and Brice, entitled:              
                                                                               
"An Act relating to the review and reporting requirements of                  
agencies of the state relating to the state mineral policy; and                
providing for an effective date."                                              
                                                                               
was read the first time and referred to the Resources Committee.               
                                                                               
HB 384                                                                       
HOUSE BILL NO. 384 by Representatives Foster and Hoffman,                      
entitled:                                                                      
                                                                               
"An Act eliminating the temporary character of alternative                    
procedures available to persons who must show evidence of                      
financial responsibility before conducting noncrude oil operations;            
and providing for an effective date."                                          
                                                                               
was read the first time and referred to the House Special Committee            
on Oil and Gas and the Resources Committee.                                    
                                                                               
                                                                               
HB 385                                                                       
HOUSE BILL NO. 385 by Representative Mackie, entitled:                         
                                                                               
"An Act allowing the Department of Natural Resources to                       
quitclaim land or interests in land, including submerged or shore              
land, to a municipality to correct errors or omissions of the                  
municipality when inequitable detriment would result to a person               
due to that person's reliance upon the errors or omissions of the              
municipality."                                                                 
                                                                               
was read the first time and referred to the Community & Regional               
Affairs, Resources and Finance Committees.                                     
                                                                               
HB 386                                                                       
HOUSE BILL NO. 386 by the House Rules Committee, entitled:                     

1994-01-18                     House Journal                      Page 2099
HB 386                                                                       
"An Act relating to the retirement rights of hourly employees hired           
by the legislature."                                                           
                                                                               
was read the first time and referred to the Labor & Commerce                   
Committee.                                                                     
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                      THIRD READING OF HOUSE RESOLUTIONS                     
                                                                               
HJR 9                                                                        
The following, which advanced to third reading from the January 14,            
1994, calendar (page 2081), was read the third time:                           
                                                                               
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 Navarre rose to a point of order concerning the                 
relevance of the debate.                                                       
                                                                               
The Speaker cautioned the member to proceed in order.                          
                                                                               
                                                                               
Representative Navarre rose to a point of order again concerning the           
relevance of the debate.                                                       
                                                                               
The Speaker cautioned the member to proceed in order.                          
                                                                               
The question being:  "Shall HJR 9 pass the House?  The roll was taken          
with the following result:                                                     
                                                                               
HJR 9                                                                          
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  18   NAYS:  19   EXCUSED:  3   ABSENT:  0                             
                                                                               

1994-01-18                     House Journal                      Page 2100
HJR 9                                                                        
Yeas:  Barnes, Davidson, Green, Hanley, James, Kott, MacLean,                  
Martin, Menard, Nordlund, Parnell, Phillips, Sanders, Sitton, Therriault,      
Toohey, Vezey, Willis                                                          
                                                                               
Nays:  Brice, Brown, Bunde, Davies, G.Davis, Finkelstein, Foster,              
Grussendorf, Hoffman, Hudson, Larson, Mackie, Moses, Mulder,                   
Navarre, Nicholia, Olberg, Porter, Williams                                    
                                                                               
Excused:  Carney, B.Davis, Ulmer                                               
                                                                               
And so, lacking the necessary 27 votes, HJR 9 failed to pass the               
House.                                                                         
                                                                               
                                                                               
Representative Martin  gave notice of reconsideration of his vote on           
HJR 9.                                                                         
                                                                               
Representative Phillips  moved and asked unanimous consent that                
reconsideration of HJR 9 be tabled.  There being no objection, it was          
so ordered.                                                                    
                                                                               
                                                                               
                            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 - Emily Ransom                                                        
By Representatives G.Davis, Hanley, James, Menard, Mulder, Navarre,            
Nicholia, Phillips, Toohey, Ulmer                                              
                                                                               
Honoring - The Fairbanks Red Hackle Pipe Band, 20th Anniversary                
By Representatives Brice, B.Davis, Davies, James, Menard, Nicholia,            
Sitton, Therriault, Ulmer, Vezey, Willis                                       
                                                                               
Honoring - The Alaska Goldpanners of Fairbanks, 30th Anniversary               
By Representatives Brice, B.Davis, Davies, Hanley, James, Menard,              
Mulder, Navarre, Nicholia, Parnell, Phillips, Sitton, Therriault, Toohey,      
Ulmer, Vezey, Willis                                                           
                                                                               

1994-01-18                     House Journal                      Page 2101
In Memoriam - Donald F. Wood                                                   
By Representatives Sitton, James, Brice, Davies, B.Davis, Foster,              
Menard, Navarre, Nicholia, Willis                                              
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following member be excused from a call of the House as noted:                 
                                                                               
Representative Navarre - from 7:05 p.m., January 19 to 10:00 a.m.,             
January 23, 1994                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
HB 337                                                                       
Representative Nicholia added her 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."                                     
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Brown moved and asked unanimous consent that the                
House find that the other body failed to comply with Rule 1(e) of the          
Uniform Rules of the Alaska State Legislature and that the House               
return the 14 bills from the other body currently in its possession.           
                                                                               
                                                                               
Representative Phillips objected.                                              
                                                                               
The Speaker ruled the motion out of order.                                     
                                                                               
                                                                               
Representative Navarre appealed the ruling of the Chair.                       
                                                                               

1994-01-18                     House Journal                      Page 2102
Representative Phillips placed a call of the House and lifted the call.        
                                                                               
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:  13   EXCUSED:  3   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                 
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Nays:  Brice, Brown, Davidson, Davies, Finkelstein, Grussendorf,               
Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis                   
                                                                               
Excused:  Carney, B.Davis, Ulmer                                               
                                                                               
Absent:  Mackie                                                                
                                                                               
And so, the ruling of the Chair was upheld.                                    
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., January 19, 1994.  There being no              
objection, the House adjourned at 12:37 p.m.                                   
                                                                               
											Suzi Lowell                                                         
											Chief Clerk