Legislature(1993 - 1994)
1994-01-18 House Journal
Full Journal pdf1994-01-18 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