Legislature(1993 - 1994)

1994-02-17 House Journal

Full Journal pdf

1994-02-17                     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