Legislature(1993 - 1994)
1994-02-07 House Journal
Full Journal pdf1994-02-07 House Journal Page 2277 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday February 7, 1994 Twenty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:05 a.m. Roll call showed 37 members present. Representatives Finkelstein and Hanley were absent. Representative Phillips moved and asked unanimous consent that Representative Davidson be excused from a call of the House from 7:30 p.m., plane time, February 6 to 10:00 p.m., plane time, February 8, 1994. There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Wilson Valentine of the St. Brendan's Episcopal Church. Representative Martin moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Creator God, Your hands formed the world in which we live, Your life-giving Spirit nurtured us to existence, Your loving presence heals our wounds, Be present today with us as we go about tasks set before us to give us a clear understanding of purpose, to help us in our indecision or discord, and to lead us to right actions for all people, for we are Your entrusted custodians of creation and servants of those who have put their trust in us; 1 1994-02-07 House Journal Page 2278 And at this day's end receive our thanks for this opportunity to serve, guard any undue self pride, and allow us rest and comfort from our labor and toil for everything begun and ended in You has Your blessing. Amen." The Pledge of Allegiance was led by Representative Bunde. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 25th, 26th, 27th and 28th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 231 The Finance Committee has considered: HOUSE BILL NO. 231 "An Act relating to aggravating and mitigating factors at sentencing." and recommends it be replaced with: CS FOR HOUSE BILL NO. 231(FIN) "An Act relating to when previous conduct constituting a sexual offense may be used as an aggravating factor at sentencing." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (9): MacLean, Larson, Martin, Parnell, Grussendorf, Hoffman, Navarre, Brown, Therriault No recommendation (1): Foster 1994-02-07 House Journal Page 2279 HB 231 The following fiscal notes apply to CSHB 231(FIN): Zero fiscal notes (2), Dept. of Administration, 2/7/94 Zero fiscal note, Dept. of Law, 2/7/94 Zero fiscal note, Alaska Court System, 2/7/94 Zero fiscal note, Dept. of Public Safety, 2/7/94 HB 231 was referred to the Rules Committee for placement on the calendar. HB 266 The Resources Committee has considered: HOUSE BILL NO. 266 "An Act relating to guide-outfitter and master guide-outfitter licenses; extending the termination date of the Big Game Commercial Services Board; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 266(L&C) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (8): Hudson, Carney, Green, James, Davies, Mulder, Bunde, Williams No recommendation (1): Finkelstein The following fiscal note applies to CSHB 266(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 1/26/94 HB 266 was referred to the Finance Committee. [Comment: #]**The presence of Representative Hanley was noted. 1994-02-07 House Journal Page 2280 HB 292 The Labor & Commerce Committee has considered: HOUSE BILL NO. 292 "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 49 and 68; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 292(L&C) "An Act relating to civil actions; amending Alaska Rules of Civil Procedure 11, 49, 68, 82, and 95; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (3): Hudson, Mulder, Porter No recommendation (4): Green, Williams, Sitton, Mackie A House Labor & Commerce Committee letter of intent for CSHB 292(L&C), signed by Representative Hudson, Chair, appears below: "The House Labor & Commerce Committee considered House Bill 292, an Act relating to civil actions, and has replaced it with Committee Substitute for House Bill 292 (L&C), and referred it to the Judiciary Committee. It is the intent of the House Labor & Commerce Committee that the Judiciary Committee reconsider the amendment to current law that would delete the exclusion of disfigurement or severe physical impairment from the cap on noneconomic damages in Section 7 of CSHB 292(L&C) and adopt an amendment that: 1) defines the phrase `disfigurement or severe physical impairment'; and 2) restores the exclusion or establishes a more `realistic cap' on these types of injuries, per the commitment of the Chair of the Judiciary Committee." The following fiscal note applies to CSHB 292(L&C): Zero fiscal note, Dept. of Law, 2/7/94 1994-02-07 House Journal Page 2281 HB 292 HB 292 was referred to the Judiciary Committee. SB 45 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 45(RLS)(efd fld) "An Act relating to persons under 21 years of age; relating to programs for runaway minors; providing for designation of shelters for runaway minors; relating to the detention and incarceration of minors." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 45(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Porter, Green, Kott No recommendation (2): Nordlund, Davidson The following fiscal notes apply to HCS CSSB 45(JUD): Fiscal notes (3), Dept. of Health & Social Services, 2/7/94 Fiscal note, Alaska Court System, 2/7/94 Zero fiscal note, Dept. of Health & Social Services, 2/7/94 Zero fiscal note, Dept. of Labor, 2/7/94 Zero fiscal note, Dept. of Law, 2/7/94 Zero fiscal note, Dept. of Public Safety, 2/7/94 CSSB 45(RLS)(efd fld) was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: 1994-02-07 House Journal Page 2282 Honoring - Ignatius "Iggy" Keyes By Senators Halford, Jacko, Little, Adams Honoring - Juneau Skier Hilary Lindh for her World Cup Victory By Senator Duncan; Representatives Ulmer, Hudson Honoring - Chugiak Mustangs Post 33 Baseball Team, 1993 Alaska State American Legion Champions By Senators Phillips, Halford; Representatives Carney, Kott, Willis, Mulder In Memoriam - Gloria Godfretsen By Representative Toohey In Memoriam - Daniel Stanley Karmun, Jr. By Representative MacLean INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 54 HOUSE JOINT RESOLUTION NO. 54 by Representative B.Davis: Relating to medical savings account legislation. was read the first time and referred to the Health, Education & Social Services and Finance Committees. [Comment: #] **The presence of Representative Finkelstein was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 372 The following was read the second time: HOUSE BILL NO. 372 "An Act relating to the four dam pool transfer fund." with the: Journal Page 1994-02-07 House Journal Page 2283 HB 372 FIN RPT 6DP 1DNP 2NR 2237 -ZERO FISCAL NOTE (DCRA) 2/3/94 2237 Amendment No. 1 was offered by Representative Brown: Page 1, line 1, after "fund": (title amendment) Insert "and the Southeast energy fund" Page 1, line 3, after "Section 1.": Insert "AS42.45.040 is amended to read: Sec. 42.45.040. SOUTHEAST ENERGY FUND. The Southeast energy fund is established as a separate fund. The fund consists of money appropriated to it [TRANSFERRED TO IT UNDER AS42.45.050]. The department may make grants from the Southeast energy fund to utilities participating in the power transmission intertie between the Swan Lake and Tyee Lake hydroelectric projects for power projects, for repayment of loans, and for payments on bonds. * Sec. 2." Page 1, line 11, through page 2, line 2: Delete all material and insert: "(2) 60 percent of the balance in the four dam pool transfer fund shall be transferred to the general fund." Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Olberg objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 372 Second Reading Amendment No. 1 YEAS: 7 NAYS: 32 EXCUSED: 1 ABSENT: 0 1994-02-07 House Journal Page 2284 HB 372 Yeas: Brown, Carney, Davies, Finkelstein, Hoffman, Navarre, Nordlund Nays: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that HB 372 be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. HB 372 was read the third time. The question being: "Shall HB 372 pass the House?" The roll was taken with the following result: HB 372 Third Reading Final Passage YEAS: 37 NAYS: 2 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Finkelstein Excused: Davidson 1994-02-07 House Journal Page 2285 HB 372 And so, HB 372 passed the House and was referred to the Chief Clerk for engrossment. HB 384 The following was read the second time: HOUSE BILL NO. 384 "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." with the: Journal Page O&G RPT 6DP 2151 -ZERO FISCAL NOTE (DEC) 1/26/94 2152 RES RPT 5DP 2201 PREVIOUS ZERO FN (DEC) 1/26/94 2202 Representative Phillips moved and asked unanimous consent that HB 384 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 384 was read the third time. The question being: "Shall HB 384 pass the House?" The roll was taken with the following result: HB 384 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-02-07 House Journal Page 2286 HB 384 Excused: Davidson Absent: Finkelstein And so, HB 384 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 clauses. There being no objection, it was so ordered. HB 384 was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 43 The following was read the second time: HOUSE JOINT RESOLUTION NO. 43 Proposing an amendment to the Constitution of the State of Alaska relating to penal administration. with the: Journal Page JUD RPT CS (JUD) NEW TITLE, 4DP 3NR 2050 -2 ZERO FISCAL NOTES (CORR, DPS) 1/13/94 2051 -FISCAL NOTE (GOV) 1/13/94 2051 FIN RPT CS(FIN) NEW TITLE 6DP 4NR 2235 -PREVIOUS FISCAL NOTE (GOV) 1/13/94 2235 -2 PREVIOUS ZERO FNS (DOC, DPS) 1/13/94 2235 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. There being no objection, it was so ordered. 1994-02-07 House Journal Page 2287 HJR 43 Representative Phillips moved and asked unanimous consent that CSHJR 43(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 43(FIN) was read the third time. The question being: "Shall CSHJR 43(FIN) pass the House?" The roll was taken with the following result: CSHJR 43(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson And so, CSHJR 43(FIN) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 19 The following, which had been advanced to third reading from the February 3, 1994, calendar (page 2243), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." The question being: "Shall HCS CSSB 19(FIN) pass the House?" The roll was taken with the following result: 1994-02-07 House Journal Page 2288 SB 19 HCS CSSB 19(FIN) Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Bunde, Carney, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Brice, Brown, Davies, B.Davis, Foster, Hoffman, Nicholia, Sitton Excused: Davidson Absent: Williams And so, HCS CSSB 19(FIN) passed the House. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 19(FIN). 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 - Arthur H. Peterson, Uniform Law Commissioner By Representatives Moses, B.Davis, Finkelstein, Hanley, Hudson, James, Menard, Mulder, Navarre, Porter, Ulmer, Willis Celebrating - Tesoro Alaska Petroleum Company's Twenty-five Years in Alaska By Representatives Navarre, Phillips, G.Davis, Barnes, Brice, B.Davis, Foster, Green, Hanley, James, Larson, Menard, Mulder, Porter, Sitton, Toohey, Ulmer, Willis; Senators Salo, Little 1994-02-07 House Journal Page 2289 Honoring - Joe Drew, Pioneer Alaskan By Senator Little; Representatives Phillips, B.Davis, Foster, James, Menard, Navarre, Phillips, Sitton, Ulmer, Willis Honoring - Roy Erhart By Senator Pearce; Representatives Hanley, Bunde, B.Davis, Green, James, Mackie, Menard, Nordlund, Toohey, Ulmer Honoring - Jim Crum By Senator Pearce; Representatives Hanley, Bunde, B.Davis, Green, James, Mackie, Menard, Nordlund, Toohey, Ulmer Honoring - Dave Erlich By Senator Pearce; Representatives Nordlund, Brown, Bunde, B.Davis, Hanley, James, Mackie, Menard, Navarre, Parnell, Porter, Toohey, Ulmer Honoring - Holy Name School on National Appreciation Day for Catholic Schools By Senator Kelly; Representatives Davies, B.Davis, Foster, James, Menard, Navarre, Toohey, Ulmer, Vezey, Willis Honoring - St. Mary's School on National Appreciation Day for Catholic Schools By Senators Kelly, Zharoff; Representatives Davies, B.Davis, Foster, James, Menard, Navarre, Toohey, Ulmer, Vezey, Willis Honoring - Monroe Catholic High School National Appreciation Day for Catholic Schools By Senator Kelly; Representatives Brice, Davies, B.Davis, Foster, James, Menard, Navarre, Sitton, Toohey, Ulmer, Vezey, Willis Honoring - St. Elizabeth Ann Seton School on National Appreciation Day for Catholic Schools By Senator Kelly; Representatives Davies, B.Davis, Foster, Green, James, Menard, Navarre, Toohey, Ulmer, Vezey, Willis Honoring - Immaculate Conception Grade School on National Appreciation Day for Catholic Schools By Senator Kelly; Representatives Brice, Davies, B.Davis, Foster, James, Menard, Navarre, Sitton, Toohey, Ulmer, Vezey, Willis 1994-02-07 House Journal Page 2290 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Davies - from 6:30 a.m., February 10 to 8:30 p.m., plane time, February 15, 1994 Representative Willis - from 5:00 p.m., February 10 to 10:00 p.m., plane time, February 13, 1994; and, from 4:30 p.m., February 24 to 8:00 p.m., plane time, February 28, 1994 Representative Sanders - from 6:30 p.m., February 11 to 10:00 p.m., plane time, February 13, 1994 Representative Foster - withdrawal of previous excused absence from 10:00 a.m., February 22 to 8:30 p.m., plane time, February 23, 1994 There being no objection, it was so ordered. HJR 2 Representative Navarre moved and asked unanimous consent to withdraw the following: HOUSE JOINT RESOLUTION NO. 2 Proposing amendments to the Constitution of the State of Alaska establishing a unicameral legislature; and providing for an effective date for each amendment. There being no objection, HJR 2 was withdrawn. HJR 4 Representative Ulmer added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 4 Proposing amendments to the Constitution of the State of Alaska limiting tenure in the legislature. HJR 43 Representatives Sitton and Nordlund added their names as cosponsors to: 1994-02-07 House Journal Page 2291 HJR 43 CS FOR HOUSE JOINT RESOLUTION NO. 43(FIN) Proposing an amendment to the Constitution of the State of Alaska relating to the rights of crime victims. HB 344 Representative Porter added his name as cosponsor to: HOUSE BILL NO. 344 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." HB 436 Representative Sitton added his name as cosponsor to: HOUSE BILL NO. 436 "An Act prohibiting the Department of Environmental Conservation from adopting or enforcing a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard; and providing for an effective date." HB 437 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 437 "An Act relating to the operation of bicycles on state highways; prohibiting motor vehicle operators or occupants from harassing bicycle operators; and encouraging the safe use of bicycles as a basic means of transportation." SB 19 Representative Mulder added his name as cross sponsor to: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." 1994-02-07 House Journal Page 2292 ENGROSSMENT HJR 43 CSHJR 43(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 372 HB 372 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 384 HB 384 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 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., February 9, 1994. There being no objection, the House adjourned at 12:33 p.m. Suzi Lowell Chief Clerk