Legislature(1993 - 1994)
1994-02-17 House Journal
Full Journal pdf1994-02-17 House Journal Page 2435 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 17, 1994 Thirty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:17 a.m. Roll call showed 36 members present. Representatives Grussendorf, Therriault and Vezey had been previously excused from a call of the House today. Representative Menard was absent. The invocation was offered by the Chaplain, Reverend David K. Horn of the Faith Lutheran Church. 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 pray this morning for all who are in authority, and we thank You especially for our form of government given us in our beloved state and country. Give us the grace with our fellow citizens to esteem the officers and the magistrates of our Government as sent by You. Instill in all of us that respect and honor which is due to them. Instill in them that due sense of serving under You. Endow them with wisdom for their various duties, with a spirit of sacrifice for the common welfare, with mercy and justice, with uprightness and kindliness. Grant that with the true purposes of government may prevail, that everywhere peace and prosperity, honor and virtue may abound, to the end that Your Word may not be bound but have free course, so that we may act justly and love mercy and walk humbly with our God. Amen." The Pledge of Allegiance was led by Representative Nicholia. 1 1994-02-17 House Journal Page 2436 INTRODUCTION OF GUESTS The House recognized visiting staff members of the Legislative Information Offices from around Alaska. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 38th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. REPORTS OF STANDING COMMITTEES HB 306 The Resources Committee has considered: HOUSE BILL NO. 306 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." and recommends it be replaced with: CS FOR HOUSE BILL NO. 306(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Carney, Green, Finkelstein, Bunde, Williams The following fiscal note applies to CSHB 306(RES): Zero fiscal note, Dept. of Fish & Game, 2/17/94 HB 306 was referred to the Finance Committee. HB 339 The Health, Education & Social Services Committee has considered: 1994-02-17 House Journal Page 2437 HB 339 HOUSE BILL NO. 339 "An Act relating to the use in public schools of historical documents without alteration or removal of religious or secular references when the references are a part of the text of the document; providing that the use of historical documents does not constitute the advocation of partisan, sectarian, or denominational doctrine; and providing that public school teachers and administrators may not be disciplined or otherwise acted against for using historical documents; requiring the Department of Education to distribute copies of the law; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Kott, Vezey Do not pass (1): Toohey No recommendation (3): Brice, Bunde, G.Davis The following fiscal note applies to HB 339: Zero fiscal note, Dept. of Education, 2/17/94 HB 339 was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Donald William Kron, Eagle Scout By Representative Hanley Honoring - Louis Nelson Sr., Kobuk 220 Winner, 1994 By Representative MacLean; Senator Adams In Memoriam - E. J. "Ernie" Haugen By Senators Taylor, Kerttula; Representatives Martin, Grussendorf, Barnes 1994-02-17 House Journal Page 2438 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 386 The following was read the second time: HOUSE BILL NO. 386 "An Act relating to the retirement rights of hourly employees hired by the legislature." with the: Journal Page L&C RPT CS(L&C) NEW TITLE 4DP 2342 -FISCAL NOTE (LAA) 2/11/94 2343 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. 386(L&C) "An Act relating to the retirement rights of temporary hourly employees hired by the legislature." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 386(L&C) be considered engrossed, advanced to third reading and placed on final passage. Representative Davidson objected. The question being: "Shall CSHB 386(L&C) be advanced to third reading on the same day? The roll was taken with the following result: CSHB 386(L&C) Second Reading Advance to Third Reading YEAS: 27 NAYS: 9 EXCUSED: 3 ABSENT: 1 1994-02-17 House Journal Page 2439 HB 386 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Hoffman, Navarre, Nordlund Excused: Grussendorf, Therriault, Vezey Absent: Menard And so, lacking the necessary 30 votes, CSHB 386(L&C) failed to advance and will be in third reading on the February 22, 1994, calendar. SECOND READING OF HOUSE RESOLUTIONS HCR 25 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 25 Relating to a state materials exchange. with the: Journal Page L&C RPT CS(L&C) 6DP 2201 -ZERO FISCAL NOTE (DEC) 1/31/94 2201 STA RPT CS(L&C) 7DP 2306 -PREVIOUS ZERO FISCAL NOTE (DEC) 1/31/94 2306 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 1994-02-17 House Journal Page 2440 HCR 25 CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) (same title) There being no objection, it was so ordered. The question being: "Shall CSHCR 25(L&C) pass the House? The roll was taken with the following result: CSHCR 25(L&C) Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Excused: Grussendorf, Therriault, Vezey Absent: Menard Brice changed from "Nay" to "Yea". And so, CSHCR 25(L&C) passed the House and was referred to the Chief Clerk for engrossment. HCR 29 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 29 Relating to the military operations areas environmental impact statement of the United States Air Force. with the: Journal Page STA RPT 7DP 2336 -ZERO FISCAL NOTE (H.STA) 2/11/94 2337 1994-02-17 House Journal Page 2441 HCR 29 Amendment No. 1 was offered by Representative Davies: Page 2, lines 3 - 4: Delete "endorses the proposal of the United States Air Force and" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. Representative Mackie rose to a point of order stating that it is not proper to discuss an amendment that is not before the body. The Speaker ruled that the point was well taken. The question being: "Shall Amendment No. 1 be adopted? The roll was taken with the following result: HCR 29 Second Reading Amendment No. 1 YEAS: 19 NAYS: 17 EXCUSED: 3 ABSENT: 1 Yeas: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Hoffman, Hudson, Mackie, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Foster, Hanley, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Williams Excused: Grussendorf, Therriault, Vezey Absent: Menard And so, Amendment No. 1 was adopted. 1994-02-17 House Journal Page 2442 HCR 29 The question being: "Shall HCR 29 am pass the House? The roll was taken with the following result: HCR 29 am Second Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 3 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Williams, Willis Nays: Brown, Finkelstein, Olberg, Sitton Excused: Grussendorf, Therriault, Vezey Absent: Menard And so, HCR 29 am passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 368 Representative Phillips moved and asked unanimous consent that the following, which was advanced to third reading from the February 16, 1994, calendar (page 2419), be held until the February 22, 1994, calendar: HOUSE BILL NO. 368 "An Act relating to reapplication for the 1993 permanent fund dividend when the United States Postal Service documents the loss of mail during the 1993 application period; and providing for an effective date." There being no objection, it was so ordered. 1994-02-17 House Journal Page 2443 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 - Service High School Lady Cougar Basketball Team By Representatives Green, Bunde, Hanley, James, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Phillips, Toohey, Ulmer, Willis Honoring - Superintendent Robert Holmes, Kenai Peninsula School District By Representatives Navarre, G.Davis, Phillips, Hanley, James, Mackie, MacLean, Menard, Navarre, Nicholia, Toohey, Ulmer, Willis; Senators Salo, Little Honoring - Chugiak Mustangs Girls Basketball Team, 1994 4-A State Champions By Representatives Willis, Carney, Kott, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Toohey, Ulmer; Senators Phillips, Halford Honoring - Janelle Canady, 1994 Fur Rendezvous Queen By Representatives Willis, Carney, Bunde, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Toohey, Ulmer; Senators Halford, Phillips Honoring - Anchorage Neighborhood Housing Services, Inc. for the Loussac-Sogn Historic Renovation By Senator Ellis; Representatives Brown, Hanley, James, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Toohey, Ulmer, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Larson - from 8:50 a.m., February 18 to 10:00 a.m., plane time, February 21, 1994 Representative MacLean - from 8:00 p.m., February 17 to 10:00 p.m., plane time, February 21, 1994 1994-02-17 House Journal Page 2444 Representative Nicholia - from 8:50 p.m., February 18 to 7:10 p.m., plane time, February 20, 1994 Representative Ulmer - from 7:00 p.m., February 25 to 10:00 a.m., plane time, February 28, 1994 Representative Kott - from 7:00 p.m., February 18 to 10:00 p.m., plane time, February 21, 1994 There being no objection, it was so ordered. HB 88 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 2400) on the following at this time: HOUSE BILL NO. 88 am "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month; and relating to the prevention of child abuse and neglect in the family." and SENATE CS FOR HOUSE BILL NO. 88(RLS) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 88 am, thus adopting SCS HB 88(RLS) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 88 am?" The roll was taken with the following result: SCS HB 88(RLS) am S Concur YEAS: 36 NAYS: 0 EXCUSED: 3 ABSENT: 1 1994-02-17 House Journal Page 2445 HB 88 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Excused: Grussendorf, Therriault, Vezey Absent: Menard And so, the House concurred in the Senate amendment, thus adopting SCS HB 88(RLS) am S. The Chief Clerk was instructed to so notify the Senate. SCS HB 88(RLS) am S was referred to the Chief Clerk for enrollment. HB 101 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 2400) on the following at this time: HOUSE BILL NO. 101 "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code." and SENATE CS FOR HOUSE BILL NO. 101(JUD) "An Act relating to the adoption of the National Electrical Code and the National Electrical Safety Code; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 101, thus adopting SCS HB 101(JUD), and recommended that the members vote yes. 1994-02-17 House Journal Page 2446 HB 101 The question being: "Shall the House concur in the Senate amendment to HB 101?" The roll was taken with the following result: SCS HB 101(JUD) Concur YEAS: 35 NAYS: 1 EXCUSED: 3 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Nays: Olberg Excused: Grussendorf, Therriault, Vezey Absent: Menard And so, the House concurred in the Senate amendment, thus adopting SCS HB 101(JUD). 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. SCS HB 101(JUD) was referred to the Chief Clerk for enrollment. HCR 25 Representatives Brown and Navarre added their names as cosponsors to: CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) Relating to a state materials exchange. 1994-02-17 House Journal Page 2447 HCR 29 Representative Mulder added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to the military operations areas environmental impact statement of the United States Air Force. ENGROSSMENT HCR 25 CSHCR 25(L&C) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 29 HCR 29 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Friday printed schedule. Majority Caucus Speaker's Chamber Upon adj., 2/17 Minority Caucus Upon adj., 2/17 Congratulations to Tommy Moe, Gold and Silver To send a telegram, call: Medalist, U.S. Olympics 1-800-343-7363 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 18, 1994, for a technical session. There being no objection, the House adjourned at 11:54 a.m. Suzi Lowell Chief Clerk