Legislature(1993 - 1994)
1994-02-11 House Journal
Full Journal pdf1994-02-11 House Journal Page 2333 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday February 11, 1994 Thirty-third Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:18 a.m. Roll call showed 30 members present. Representatives Brice, Carney, Davies, Foster, Hoffman, Menard, Sitton and Willis had been previously excused from a call of the House today. Representative Hanley was absent. Representative Phillips moved and asked unanimous consent that Representative Navarre be excused from a call of the House from 7:00 p.m., February 10 to plane time, February 14, 1994. There being no objection, it was so ordered. The invocation was offered by the Chaplain of the day, Representative Parnell. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord, God. We are thankful to have awakened to a new day of service. We acknowledge You as the giver and sustainer of life. You know the very thoughts and intentions of our minds and hearts. We ask Your presence among us during the day's deliberations; we seek Your counsel when our earthly wisdom is inadequate; and, we ask Your forgiveness where we have wronged You or others. Help us this day to act in a manner worthy of the trust granted us by the people of our state and the responsibility devolved by You. Amen." The Pledge of Allegiance was led by Representative Davidson. 1 1994-02-11 House Journal Page 2334 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 31st and 32nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE A message dated February 9, 1994, was read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 40 CS FOR SENATE JOINT RESOLUTION NO. 40(RES) by the Senate Resources Committee: Urging the Congress to amend the Oil Pollution Act of 1990 with respect to the financial responsibility requirements for offshore exploration and production facilities. was read the first time and referred to the Resources Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 247 CS FOR SENATE BILL NO. 247(2d FIN) by the Senate Finance Committee, entitled: "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; 1994-02-11 House Journal Page 2335 SB 247 prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, and setting limits on the duration of these agreements; providing definitions for applicable terms; and providing for an effective date." was read the first time and referred to the Finance Committee. COMMUNICATIONS A memorandum to all legislators and legislative employees, dated February 7, 1994, was received from Susie Barnett, staff member of the Select Committee on Legislative Ethics, stating that the following disclosures are due on February 15, 1994: Participation in Select State Benefit and Loan Programs for the preceding year and the current year. Membership on a Board of Directors having a substantial interest in legislative activities Existence of a Close Economic Association Existence of an Agreement to Represent a Client Before a State Agency The memorandum is on file in the Chief Clerk's office and a copy was distributed to each member. 1994-02-11 House Journal Page 2336 REPORTS OF STANDING COMMITTEES HCR 24 The Judiciary Committee has considered: 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. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(JUD) Supporting the governor's decision to authorize a suit against the United States government for violating the Alaska Statehood Act and the Alaska Statehood Compact. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Kott, Green, James, Porter, Phillips No recommendation (2): Davidson, Nordlund The following fiscal note applies to CSHCR 24(JUD): Zero fiscal note, House Judiciary Committee, 2/11/94 HCR 24 was referred to the Rules Committee for placement on the calendar. HCR 29 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 29 Relating to the military operations areas environmental impact statement of the United States Air Force. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Kott, Sanders, G.Davis, Olberg, B.Davis, Ulmer 1994-02-11 House Journal Page 2337 HCR 29 The following fiscal note applies to HCR 29: Zero fiscal note, House State Affairs Committee, 2/11/94 HCR 29 was referred to the Rules Committee for placement on the calendar. HCR 30 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to the twenty-sixth annual Girls' State. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (7): Vezey, Kott, Sanders, G.Davis, Olberg, B.Davis, Ulmer The following fiscal note applies to HCR 30: Zero fiscal note, House State Affairs Committee, 2/11/94 HCR 30 was referred to the Rules Committee for placement on the calendar. HJR 50 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 50 Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (5): Hudson, Carney, Mulder, Williams, Bunde 1994-02-11 House Journal Page 2338 HJR 50 No recommendation (2): Green, Finkelstein The following fiscal note applies to CSHJR 50(RES): Zero fiscal note, House Special Committee on Fisheries, 2/2/94 HJR 50 was referred to the Rules Committee for placement on the calendar. [Comment: #] **The presence of Representative Hanley was noted. HB 58 The Finance Committee has considered: HOUSE BILL NO. 58 "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska." and recommends it be replaced with: CS FOR HOUSE BILL NO. 58(FIN) "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska; and providing for an effective date." The report was signed by Representative MacLean, Co-chair, with the following individual recommendations: Do pass (3): MacLean, Larson, Martin Do not pass (3): Navarre, Brown, Hoffman No recommendation (4): Hanley, Parnell, Therriault, Grussendorf The following fiscal notes apply to CSHB 58(FIN): Zero fiscal note, Dept. of Law, 2/11/94 Zero fiscal note, Dept. of Administration, 2/11/94 HB 58 was referred to the Rules for placement on the calendar. 1994-02-11 House Journal Page 2339 HB 128 The Finance Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 "An Act relating to early acknowledgement of paternity for the child of an unmarried mother." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (11): MacLean, Larson, Hanley, Martin, Parnell, Grussendorf, Hoffman, Navarre, Brown, Therriault, Foster The following fiscal notes apply to CSSSHB 128(FIN): Fiscal note, Dept. of Health & Social Services, 2/11/94 Zero fiscal note, Dept. of Health & Social Services, 2/11/94 HB 128 was referred to the Rules Committee for placement on the calendar. HB 145 The Labor & Commerce Committee has considered: HOUSE BILL NO. 145 "An Act requiring pay equity for certain public employees and requiring the compensation of certain public employees based on the value of work performed." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Hudson, Mackie No recommendation (2): Green, Porter 1994-02-11 House Journal Page 2340 HB 145 The following fiscal note applies to HB 145: Fiscal note, Dept. of Administration, 2/11/94 HB 145 was referred to the State Affairs Committee. HB 277 The Judiciary Committee has considered: HOUSE BILL NO. 277 "An Act relating to public employers defending and indemnifying public employees with respect to claims arising out of conduct that is within the scope of employment." and recommends it be replaced with: CS FOR HOUSE BILL NO. 277(JUD) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Kott, James, Porter, Phillips, Green No recommendation (2): Davidson, Nordlund The following fiscal notes apply to CSHB 277(JUD): Zero fiscal notes (2), Dept. of Administration, 1/26/94 HB 277 was referred to the Finance Committee. HB 333 The Resources Committee has considered: 1994-02-11 House Journal Page 2341 HB 333 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." and recommends it be replaced with: CS FOR HOUSE BILL NO. 333(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Carney, Green, Mulder, Bunde, Williams No recommendation (1): Finkelstein The following fiscal note applies to CSHB 333(RES): Zero fiscal note, Dept. of Natural Resources, 2/11/94 HB 333 was referred to the Finance Committee. HB 376 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 376 "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): Bunde, Toohey, B.Davis, Nicholia No recommendation (3): Kott, G.Davis, Olberg Amend (1): Vezey 1994-02-11 House Journal Page 2342 HB 376 The following fiscal notes apply to HB 376: Zero fiscal note, Dept. of Public Safety, 2/11/94 Fiscal note, Dept. of Administration, 1/14/94 Fiscal notes (3), Department of Health & Social Services, 1/14/94 Zero fiscal note, Dept. of Administration, 1/14/94 HB 376 was referred to the Judiciary Committee. HB 377 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 377 "An Act relating to assisted living homes; repealing references to residential facilities for dependent adults; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (1): Toohey No recommendation (3): Nicholia, Bunde, Olberg Amend (4): Vezey, G.Davis, B.Davis, Kott The following fiscal notes apply to HB 377: Fiscal note, Department of Health & Social Services, 1/14/94 Zero fiscal note, Dept. of Administration, 1/14/94 HB 377 was referred to the Finance Committee. HB 386 The Labor & Commerce Committee has considered: HOUSE BILL NO. 386 "An Act relating to the retirement rights of hourly employees hired by the legislature." 1994-02-11 House Journal Page 2343 HB 386 and recommends it be replaced with: CS FOR HOUSE BILL NO. 386(L&C) "An Act relating to the retirement rights of temporary hourly employees hired by the legislature." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Porter, Mackie, Williams, Hudson The following fiscal note applies to CSHB 386(L&C): Fiscal note, Legislative Affairs Agency, 2/11/94 HB 386 was referred to the Rules Committee for placement on the calendar. HB 411 The State Affairs Committee has considered: HOUSE BILL NO. 411 "An Act relating to the art in public places requirements for state-owned and state-leased buildings and facilities." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (2): Vezey, Sanders Do not pass (2): B.Davis, Ulmer No recommendation (3): Kott, Olberg, G.Davis The following fiscal note applies to HB 411: Zero fiscal note, Dept. of Education, 2/11/94 HB 411 was referred to the Finance Committee. 1994-02-11 House Journal Page 2344 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Point Hope Harpoonerettes By Senator Adams; Representative MacLean Honoring - Selawik Wolves Boys Basketball Team By Senator Adams; Representative MacLean In Memoriam - Dick Tozier By Representative Bunde INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 55 HOUSE JOINT RESOLUTION NO. 55 by the House Rules Committee by request of the House Economic Task Force: Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest. was read the first time and referred to the Resources Committee. HJR 56 HOUSE JOINT RESOLUTION NO. 56 by the House Rules Committee by request of the House Economic Task Force: Relating to an exemption for federal lands in Alaska from the federal PACFISH management strategy. was read the first time and referred to the Resources Committee. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 460 HOUSE BILL NO. 460 by Representative Navarre, entitled: 1994-02-11 House Journal Page 2345 HB 460 "An Act relating to bail after conviction for various felonies if the defendant has certain previous felony convictions." was read the first time and referred to the Judiciary and Finance Committees. HB 461 HOUSE BILL NO. 461 by Representative Mulder by request, entitled: "An Act relating to Medicaid payments for the services of optometrists; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. HB 462 HOUSE BILL NO. 462 by Representative Therriault, entitled: "An Act repealing certain provisions of the laws, other than those in the Alaska Land Act, relating to recording requirements, labor and improvement requirements, and size requirements for mining claims and providing for the suspension or waiver of state annual mining labor requirements when the federal government has suspended or waived federal annual mining labor requirements administratively or by statute; and providing for an effective date." was read the first time and referred to the Resources Committee. HB 463 HOUSE BILL NO. 463 by Representatives Foster and Hoffman, entitled: "An Act making a special appropriation to the judicial council; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. 1994-02-11 House Journal Page 2346 HB 464 HOUSE BILL NO. 464 by Representatives Foster and Hoffman, entitled: "An Act establishing an Advisory Committee on Minority Judicial Sentencing Practices; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. HB 465 HOUSE BILL NO. 465 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations involving more than one state; amending Alaska Rule of Administration 9; amending Alaska Rule of Civil Procedure 82; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Revenue, 2/11/94 Zero fiscal note, Department of Health & Social Services, 2/11/94 The Governor's transmittal letter, dated February 11, 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 the Uniform Interstate Family Support Act and the repeal of the Uniform Reciprocal Enforcement of Support Act. The bill would repeal the laws currently found in AS25.25, the Uniform Reciprocal Enforcement of Support Act (URESA), and replace them with a new Uniform Act, the Uniform Interstate Family 1994-02-11 House Journal Page 2347 HB 465 Support Act (UIFSA), with minor modifications. Two provisions of the bill also have the effect of amending Alaska Rule of Civil Procedure 82 and Alaska Rule of Administration 9. (See secs. 6 and 7 of the bill.) Under art. IV, sec. 15, of the Alaska Constitution, the legislature may change a court rule governing "practice and procedure." Although the bill has the effect of amending a court rule relating to filing fees that is designated as an "administrative" rule, I believe that the rule affects individuals' substantive rights regarding access to our justice system and, therefore, is one that the legislature is authorized to change. Additionally, the provision that has the effect of amending the administrative rule is an integral part of UIFSA. The Uniform Interstate Family Support Act was drafted to update URESA. The bill, like URESA, applies to those actions relating to the establishment, modification, and enforcement of support orders and the determination of parentage in situations where the parties reside in more than one state. A major feature of UIFSA is that it does not require reciprocity of laws between states in order to take action under its provisions. In order to ease the transition between URESA and UIFSA, the bill recognizes substantially similar state laws as equivalent to UIFSA for purposes of interstate actions. (See proposed AS25.25.101(7) and (16).) The bill also contains its own long arm jurisdiction provision providing the home state of a supported family the maximum possible opportunity to secure personal jurisdiction over an absent parent. The bill promotes, to the extent possible, the premise of continuing, exclusive jurisdiction over support orders. Under the law as it exists under URESA, multiple orders for child support often result. UIFSA seeks to limit the existence of multiple support orders by limiting the circumstances under which subsequent support orders may be entered in states other than the initiating state. The bill also recognizes the growing use of administrative procedures in addition to or in place of judicial proceedings in the establishment and enforcement of support orders. The bill does not confer new authority on Alaska's child support enforcement agency, but it does recognize the authority otherwise conferred on the agency and support enforcement agencies of other states. The bill specifically recognizes 1994-02-11 House Journal Page 2348 HB 465 the child support enforcement agency's authority to act in interstate cases in the same manner in which it may act in intrastate actions. UIFSA was prepared by the National Conference of Commissioners on Uniform State Laws, which has approved and recommended it for enactment in all the states. Although it was first adopted by that conference in the summer of 1992, it has already been enacted in eight states. There are indications that it will be introduced in as many as 25 states this year. It has been endorsed by the United States Commission on Interstate Child Support and the American Bar Association, and the bill has the support of Alaska's child support enforcement agency. I urge prompt consideration and passage of this bill. Sincerely, /s/ Walter J. Hickel Governor" HB 466 HOUSE BILL NO. 466 by the House Rules Committee by request of the Governor, entitled: "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation to pay for the costs of repair and rehabilitation of student housing facilities of the University of Alaska; authorizing the issuance of bonds by the University of Alaska to pay for the costs of repair and rehabilitation of facilities of the University of Alaska; amending powers of the Alaska Housing Finance Corporation; amending the definition of "public building"; relating to the Alaska debt retirement fund; 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: Zero fiscal note, Office of the Governor, 2/11/94 Zero fiscal note, Dept. of Revenue, 2/11/94 1994-02-11 House Journal Page 2349 HB 466 The Governor's transmittal letter, dated February 11, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill authorizing the issuance of Alaska Housing Finance Corporation and University of Alaska bonds for repair and rehabilitation of university facilities. This legislation will provide funding to partially meet the university facilities' deferred maintenance needs throughout the state. The Legislature's approval of my bill last session creating the educational facilities maintenance and construction fund was a start in stepping up to our responsibilities in investing in the state's existing infrastructure. But it was only a start. We now have the responsibility to continue to meet the university's critical needs. The bill I am proposing authorizes the Alaska Housing Finance Corporation to issue $30 million in bonds for student housing repair and rehabilitation, and authorizes the University of Alaska to issue $45 million in bonds for repair and rehabilitation of other university facilities. This program will allow the buildings to be repaired now, with costs of the upgrades spread over the remaining useful life of the facilities. Repayment of the debt service will be made from annual legislative appropriations from the Alaska debt retirement fund (AS 37.05.011). The historic low interest rates currently prevailing in the national capital markets, combined with reduced future maintenance and operating costs brought about by fixing the university facilities, makes this approach particularly appropriate this year. I urge your early and favorable consideration of this legislation. Sincerely, /s/ Walter J. Hickel Governor" 1994-02-11 House Journal Page 2350 HB 467 HOUSE BILL NO. 467 by Representative MacLean, entitled: "An Act relating to housing programs of the Alaska Housing Finance Corporation and of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing in the state's small communities." was read the first time and referred to the Community & Regional Affairs and Finance Committees. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE RESOLUTIONS SCR 4 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 4 Relating to the Alaska Supreme Court's interpretation of Alaska Rule of Civil Procedure 82 and requesting that the court modify its interpretation of that rule. with the: Journal Page JUD RPT 2DP 2DNP 1NR 1AM 2202 -ZERO FISCAL NOTE (S.JUD) 1/31/94 2202 Amendment No. 1 was offered by Representative Phillips: Page 2, line 26, after "Honorable": Delete "Edmond W. Burke" Insert "Robert L. Eastaugh" Representative Phillips moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. 1994-02-11 House Journal Page 2351 SCR 4 Amendment No. 2 was offered by Representative Ulmer: Page 2, lines 7, 10, and 12: Delete " special litigation organizations" Insert "public interest litigants" Page 2, lines 19 and 20: Delete "parties represented by special litigation organizations" Insert "public interest litigants" Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 2 be adopted? The roll was taken with the following result: SCR 4 am H Second Reading Amendment No. 2 YEAS: 8 NAYS: 23 EXCUSED: 9 ABSENT: 0 Yeas: Brown, Davidson, B.Davis, Finkelstein, Grussendorf, Nicholia, Nordlund, Ulmer Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, Amendment No. 2 was not adopted. 1994-02-11 House Journal Page 2352 SCR 4 Amendment No. 3 was offered by Representative Finkelstein: Page 2, lines 2 - 5: Delete all material. Representative Finkelstein moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. Representative Vezey objected and rose to a point of order stating that the amendment was out of order under Section 401 of Mason's Manual. The Speaker ruled the amendment in order. The question being: "Shall Amendment No. 3 be adopted? The roll was taken with the following result: SCR 4 am H Second Reading Amendment No. 3 YEAS: 7 NAYS: 24 EXCUSED: 9 ABSENT: 0 Yeas: Brown, Davidson, B.Davis, Finkelstein, Nicholia, Nordlund, Ulmer Nays: Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, Amendment No. 3 was not adopted. 1994-02-11 House Journal Page 2353 SCR 4 Amendment No. 4 was offered by Representative Finkelstein: Page 2, line 7: Delete "if successful" Insert "that the party prevails and it is shown that a violation of State or Federal laws or laws or regulations had occurred," Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Porter objected. The question being: "Shall Amendment No. 4 be adopted? The roll was taken with the following result: SCR 4 am H Second Reading Amendment No. 4 YEAS: 6 NAYS: 25 EXCUSED: 9 ABSENT: 0 Yeas: Brown, Davidson, Finkelstein, Nicholia, Nordlund, Ulmer Nays: Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representative Finkelstein: Page 1, after line 15, insert a new paragraph to read: 1994-02-11 House Journal Page 2354 SCR 4 "WHEREAS public interest litigation has, in many circumstances, resulted in higher standards for protection of the Alaskan environment; and" Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Mackie objected. The question being: "Shall Amendment No. 5 be adopted? The roll was taken with the following result: SCR 4 am H Second Reading Amendment No. 5 YEAS: 5 NAYS: 26 EXCUSED: 9 ABSENT: 0 Yeas: Brown, Davidson, Finkelstein, Nordlund, Ulmer Nays: Barnes, Bunde, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, Amendment No. 5 was not adopted. Amendment No. 6 was offered by Representative Parnell: Page 2, line 10: Delete "the" Insert "this" 1994-02-11 House Journal Page 2355 SCR 4 Page 2, lines 10 and 11: Delete "that favors special litigation organizations" Representative Parnell moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Phillips objected and withdrew the objection. Representative Olberg objected. The question being: "Shall Amendment No. 6 be adopted? The roll was taken with the following result: SCR 4 am H Second Reading Amendment No. 6 YEAS: 16 NAYS: 15 EXCUSED: 9 ABSENT: 0 Yeas: Brown, Bunde, Davidson, B.Davis, Finkelstein, Green, Grussendorf, Hudson, Larson, MacLean, Moses, Nicholia, Nordlund, Parnell, Ulmer, Williams Nays: Barnes, G.Davis, Hanley, James, Kott, Mackie, Martin, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, Amendment No. 6 was adopted. Amendment No. 7 was offered by Representative Porter: Page 2, line 18, after "permit": Delete "all" 1994-02-11 House Journal Page 2356 SCR 4 Page 2, line 19, after "costs": Delete ", including those who prevail over" Insert "from" Representative Porter moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Ulmer objected. The question being: "Shall Amendment No. 7 be adopted? The roll was taken with the following result: SCR 4 am H Second Reading Amendment No. 7 YEAS: 10 NAYS: 21 EXCUSED: 9 ABSENT: 0 Yeas: Brown, Green, Hudson, Moses, Mulder, Olberg, Phillips, Porter, Therriault, Vezey Nays: Barnes, Bunde, Davidson, B.Davis, G.Davis, Finkelstein, Grussendorf, Hanley, James, Kott, Larson, Mackie, MacLean, Martin, Nicholia, Nordlund, Parnell, Sanders, Toohey, Ulmer, Williams Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Green: Page 2, line 2: Delete "is intended" Insert "appears" 1994-02-11 House Journal Page 2357 SCR 4 Representative Green moved and asked unanimous consent that Amendment No. 8 be adopted. There being no objection, it was so ordered. The question being: "Shall SCR 4 am H pass the House? The roll was taken with the following result: SCR 4 am H Second Reading Final Passage YEAS: 24 NAYS: 7 EXCUSED: 9 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davidson, B.Davis, Finkelstein, Nicholia, Nordlund, Ulmer Excused: Brice, Carney, Davies, Foster, Hoffman, Menard, Navarre, Sitton, Willis And so, SCR 4 am H passed the House. Representative Vezey gave notice of reconsideration of his vote on SCR 4 am H. 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 - James Conley By Representatives Willis, Porter, Navarre, Carney, Brice, B.Davis, Hoffman, James, Menard, Mulder, Nicholia, Nordlund, Ulmer 1994-02-11 House Journal Page 2358 Honoring - Tanana Valley United Way 1993-94 Campaign By Representatives Brice, Davies, B.Davis, James, Mackie, Menard, Navarre, Nicholia, Therriault, Ulmer, Vezey, Willis Honoring - Noorvik Bear Girls Basketball Team By Senator Adams; Representatives MacLean, B.Davis, Green, Hoffman, James, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis Honoring - Nicholas and Elena Charles, 1993 Heritage Fellows By Senator Jacko; Representatives Hoffman, B.Davis, James, Mackie, MacLean, Menard, Navarre, Nicholia, Ulmer In Memoriam - Velma Heflebower Kirby By Representatives Willis, Carney, B.Davis, James, Kott, Menard, Mulder, Nicholia; Senators Halford, Phillips UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Therriault - from 7:00 p.m., February 16 to 10:00 a.m., February 21, 1994 and withdrawal of previous excused absence from 7:05 p.m., February 10 to 10:00 a.m., February 24, 1994 There being no objection, it was so ordered. HB 333 Representative Foster added his 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." 1994-02-11 House Journal Page 2359 HB 438 Representative Bunde added his name as cosponsor to: HOUSE BILL NO. 438 "An Act establishing special request licenses depicting the sport of dog mushing." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Majority Caucus Speaker's Chamber Upon adj., 2/11 and 1:00 p.m., 2/13 Personal Bill Deadline 9:00 a.m., 2/14 Chief Clerk's office 9:00 a.m. - 4:00 p.m., 2/12 hours 1:00 p.m. - 5:00 p.m., 2/13 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 14, 1994. There being no objection, the House adjourned at 12:35 p.m. Suzi Lowell Chief Clerk