Legislature(1993 - 1994)
1994-01-27 House Journal
Full Journal pdf1994-01-27 House Journal Page 2163 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday January 27, 1994 Eighteenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 5:02 p.m. Roll call showed 33 members present. Representatives MacLean and Nicholia had been previously excused from a call of the House today. Representatives Brice, James, Hoffman, Mackie and Menard were absent. The invocation was offered by the Chaplain, Reverend Kim Poole of the Douglas Community United Methodist Church. Representative Bunde moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O God of Truth and Beauty, We are grateful for the joys of this day: for the rain that cleanses and nourishes the earth, for work to do that renews our minds, and for families and friends that make our lives enjoyable. As we move into this evening we thank You for the time we have had today to work together and ask for Your continued blessing on us as we join together to complete our day's tasks. May the quality of our work done together be such that when this day is ended we may reflect on our actions and see in that reflection a job well done. Then grant us a peaceful night, with rest and fellowship that will renew our minds and bodies for service tomorrow. Amen." 1 1994-01-27 House Journal Page 2164 The Pledge of Allegiance was led by Representative Toohey. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 17th legislative day with the following correction be approved as certified by the Chief Clerk. There being no objection, it was so ordered. HB 28 Page 2149: After "corrected", delete "zero" Without objection, the House advanced to: UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Hoffman - from 5:00 p.m., January 26 to 8:00 p.m., plane time, February 1, 1994 Representative Menard - from 6:30 a.m., January 27 to 10:00 p.m., plane time, January 30, 1994 There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated January 26, 1994, was received stating the Senate has accepted the invitation to meet in joint session in the House at 11:00 a.m., March 28, 1994, to hear Chief Justice Daniel Moore deliver the State of the Judiciary. 1994-01-27 House Journal Page 2165 REPORTS OF STANDING COMMITTEES HB 263 The Community & Regional Affairs Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 263 "An Act relating to municipal property tax exemptions." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (6): Sanders, Bunde, Davies, Willis, Williams, Toohey No recommendation (1): Olberg The following fiscal note applies to SSHB 263: Zero fiscal note, Dept. of Community & Regional Affairs, 1/27/94 SSHB 263 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Susan Stone for Outstanding Service as Tongass Alaska Girl Scout Council President By Representative Williams; Senator Taylor Honoring - Sarah McDaniel By Representatives Ulmer, Hudson; Senator Duncan Honoring - 1993 Eagle Scouts By Senator Halford; Representative Barnes Honoring - Ron Russell, 1994 Employee of the Year By Senator Little; Representative G.Davis Honoring - Tom Kito By Senator Taylor; Representatives Grussendorf, Williams 1994-01-27 House Journal Page 2166 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 406 HOUSE BILL NO. 406 by Representative Foster, entitled: "An Act relating to municipal sales and use taxes involving air carriers; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. HB 407 HOUSE BILL NO. 407 by Representative Foster, entitled: "An Act relating to issuance of commemorative gold rush motor vehicle license plates." was read the first time and referred to the State Affairs and Finance Committees. HB 408 HOUSE BILL NO. 408 by Representative Green, entitled: "An Act setting a maximum rate of interest that may be charged on a loan guaranteed by the Alaska Industrial Development and Export Authority under its export assistance program; and annulling a portion of a current regulation of the Alaska Industrial Development and Export Authority that establishes the maximum allowable interest on a guaranteed loan to be computed at a different rate." was read the first time and referred to the State Affairs and Finance Committees. 1994-01-27 House Journal Page 2167 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 28 The following was read the second time: HOUSE BILL NO. 28 "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." with the: Journal Page HES RPT 3DP 3NR 539 -2 FISCAL NOTES (CORR, ADM) 3/5/93 540 -3 ZERO FNS (LAW, DPS, ADM) 3/5/93 540 JUD RPT CS(JUD) 3DP 3NR 1252 -PREVIOUS FN (ADM) 3/5/93 1252 -PREVIOUS ZERO FNS (ADM, LAW, DPS) 3/5 1252 FIN RPT CS(JUD) 10DP 1AM 2120 -3 FNS (COURT, REV, CORR) 1/21/94 2120 -4 ZERO FNS (ADM, ADM, LAW, DPS) 1/21/94 2120 -CORRECTED FN PUBLISHED (REV) 1/24/94 2149 **The presence of Representatives Mackie and James was noted. Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR HOUSE BILL NO. 28(JUD) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Phillips: Page 3, line 5: Delete "1993" Insert "1994" 1994-01-27 House Journal Page 2168 HB 28 Representative Phillips moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 28(JUD) am be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected and withdrew the objection. Representative Vezey rose to a point of order regarding the relevance of the debate. The Speaker concurred but allowed latitude of debate. There being no further objection to advancement to third reading, it was so ordered and CSHB 28(JUD) am was read the third time. **The presence of Representative Brice was noted. The question being: "Shall CSHB 28(JUD) am pass the House?" The roll was taken with the following result: CSHB 28(JUD) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-01-27 House Journal Page 2169 HB 28 Excused: Hoffman, MacLean, Menard, Nicholia And so, CSHB 28(JUD) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 28(JUD) am was referred to the Chief Clerk for engrossment. 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 - Investigator Dan Decker By Representatives Hoffman, Barnes, Grussendorf, Hanley, James, Mackie, MacLean, Menard, Nicholia, Phillips, Toohey, Ulmer, Willis Honoring - Trooper Daniel F. Donaldson By Representatives Hoffman, Barnes, Grussendorf, Hanley, James, Mackie, MacLean, Menard, Nicholia, Phillips, Toohey, Ulmer, Willis In Memoriam - Karl Schwalm By Representatives Vezey, Brice, Foster, James, Menard, Nicholia, Sitton UNFINISHED BUSINESS HB 109 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 2119) on the following at this time: 1994-01-27 House Journal Page 2170 HB 109 CS FOR HOUSE BILL NO. 109(JUD) "An Act relating to blood tests for persons charged with sex offenses; and providing for an effective date." and CS FOR HOUSE BILL NO. 109(JUD) am S (same title) Representative Ulmer objected, and raised a point of order, citing Rule 1(e) of the Uniform Rules of the Alaska State Legislature. The Speaker ruled the point out of order, citing Sections 161(4) and 241(1) of Mason's Manual. Representative Navarre appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: Sustain Ruling of the Chair YEAS: 22 NAYS: 14 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Navarre, Nordlund, Sitton, Ulmer, Willis Excused: Hoffman, MacLean, Menard, Nicholia And so, the ruling of the Chair was sustained and the House considered the Senate message on CSHB 109(JUD). 1994-01-27 House Journal Page 2171 HB 109 Representative Phillips moved that the House concur in the Senate amendment to CSHB 109(JUD), thus adopting CSHB 109(JUD) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 109(JUD)?" The roll was taken with the following result: CSHB 109(JUD) am S Concur YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown Excused: Hoffman, MacLean, Menard, Nicholia Absent: Davies And so, the House concurred in the Senate amendment, thus adopting CSHB 109(JUD) am S. 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. CSHB 109(JUD) am S was referred to the Chief Clerk for enrollment. 1994-01-27 House Journal Page 2172 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Davidson - from 10:00 a.m., February 2 to 7:30 p.m., plane time, February 6, 1994 Representative Williams - from 2:30 p.m., January 28 to 10:00 p.m., plane time, January 30, 1994 Representative MacLean - January 28 to 7:30 p.m., plane time, January 30, 1994 There being no objection, it was so ordered. HB 105 Representative Brown added her name as cosponsor to: HOUSE BILL NO. 105 "An Act providing for incarceration for nonviolent, youthful first offenders in boot camps operated by the Department of Corrections; creating the Boot Camp Advisory Board in the Department of Corrections; amending Alaska Rule of Criminal Procedure 35; and providing for an effective date." SJR 29 Representative Navarre added his name as cross-sponsor to: SENATE JOINT RESOLUTION NO. 29 Relating to federal efforts to require the use of motorcycle helmets in Alaska. ENGROSSMENT HB 28 CSHB 28(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-01-27 House Journal Page 2173 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., January 28, 1994. There being no objection, the House adjourned at 6:13 p.m. Suzi Lowell Chief Clerk