Legislature(1993 - 1994)
1994-02-24 House Journal
Full Journal pdf1994-02-24 House Journal Page 2515 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday February 24, 1994 Forty-sixth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:14 a.m. Roll call showed 35 members present. Representatives Davidson, B.Davis and Menard had been previously excused from a call of the House today. Representative Sitton was excused from a call of the House from today to 10:00 a.m., March 2, 1994, due to a family emergency. Representative Hoffman was absent. The invocation was offered by the Chaplain, Reverend Laura Minnich Lockey of the Holy Trinity Episcopal Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Heavenly Father, in Your word You have given us a vision of that Holy city to which the nations of the world bring their glory. Behold and visit the cities of this state. Renew the ties of mutual regard which form our civic life together. Make us honest and able leaders. Enable us to eliminate poverty, prejudice and oppression; that peace may prevail with righteousness, and justice with order, and that men and women from different cultures and with differing talents may find with one another the fulfillment of their humanity. This we ask in Your Holy Name. Amen." 1 1994-02-24 House Journal Page 2516 The Pledge of Allegiance was led by Representative Hanley. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 45th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SCR 4 A message dated February 23, 1994, was read stating the Senate has concurred in the House amendment to SCR 4, thus adopting: SENATE CONCURRENT RESOLUTION NO. 4 am H 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. REPORTS OF STANDING COMMITTEES HJR 40 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 40 Proposing an amendment to the Constitution of the State of Alaska relating to the individual right to keep and bear arms. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, G.Davis, Olberg, Sanders No recommendation (1): Ulmer The following fiscal note applies to HJR 40: Fiscal note, Office of the Governor, 2/24/94 HJR 40 was referred to the Judiciary Committee. 1994-02-24 House Journal Page 2517 HB 139 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 139 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." and recommends it be replaced with: CS FOR HOUSE BILL NO. 139(HES) (same title) The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (3): Kott, Nicholia, Brice No recommendation (3): G.Davis, Olberg, Bunde Amend (2): Vezey, Toohey The following fiscal note applies to CSHB 139(HES): Fiscal note, Dept. of Education, 2/24/94 HB 139 was referred to the Judiciary Committee. HB 394 The State Affairs Committee has considered: HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, G.Davis, Ulmer, Sanders No recommendation (1): Olberg 1994-02-24 House Journal Page 2518 HB 394 The following fiscal note applies to HB 394: Zero fiscal note, Dept. of Commerce & Economic Development, 2/4/94 HB 394 was referred to the Finance Committee. HB 417 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 417 "An Act relating to the possession of deadly weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools; and relating to school lockers and other containers provided in a public or private school by the school or the school district." and recommends it be replaced with: CS FOR HOUSE BILL NO. 417(HES) "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; and relating to school lockers and other containers provided in a public or private school by the school or the school district." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): G.Davis, Bunde, Toohey, Brice No recommendation (4): Kott, Vezey, Olberg, Nicholia The following fiscal notes apply to CSHB 417(HES): Zero fiscal note, Dept. of Law, 2/24/94 Zero fiscal note, Dept. of Public Safety, 2/24/94 HB 417 was referred to the Judiciary Committee. 1994-02-24 House Journal Page 2519 HB 427 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 427 "An Act relating to compensation for members of the Local Boundary Commission." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (4): Olberg, Davies, Willis, Toohey No recommendation (2): Williams, Bunde The following fiscal note applies to HB 427: Fiscal note, Dept. of Community & Regional Affairs, 2/24/94 HB 427 was referred to the Finance Committee. HB 436 The State Affairs Committee has considered: HOUSE BILL NO. 436 "An Act prohibiting the Department of Environmental Conservation from adopting or enforcing a regulation that establishes an ambient air quality standard or emission standard that is more stringent than a corresponding federal standard; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (2): Vezey, Olberg No recommendation (3): Kott, Sanders, G.Davis The following fiscal note applies to HB 436: Zero fiscal note, Dept. of Environmental Conservation, 2/24/94 HB 436 was referred to the Resources Committee. 1994-02-24 House Journal Page 2520 HB 442 The Judiciary Committee has considered: HOUSE BILL NO. 442 "An Act relating to criminal justice information; providing procedural requirements for obtaining certain criminal justice information; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 442(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): James, Kott, Green, Porter, Nordlund The following fiscal notes apply to CSHB 442(JUD): Fiscal note, Dept. of Corrections, 2/4/94 Zero fiscal note, Department of Health & Social Services, 2/4/94 Zero fiscal note, Dept. of Public Safety, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 HB 442 was referred to the Finance Committee. HB 505 The Judiciary Committee has considered: HOUSE BILL NO. 505 "An Act making appropriations to and from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, for operating and capital expenses of state government for fiscal year 1994; and providing for an effective date." and recommends it be replaced with: 1994-02-24 House Journal Page 2521 HB 505 CS FOR HOUSE BILL NO. 505(JUD) "An Act making appropriations to the constitutional 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 Porter, Chair, with the following individual recommendations: No recommendation (4): James, Green, Porter, Phillips Amend (1): Kott HB 505 was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Nome Beltz High School Girls Basketball Team, 1994 3-A Girls Regional Champions By Representative Foster Honoring - Dillingham High School Boys Basketball Team for their Alaska State 3-A Division Third Place Finish and Boys State Academic Trophy By Senator Jacko; Representative Hoffman Honoring - Valdez High School Girls Basketball Team, 1994 3-A State Champions By Senator Lincoln In Memoriam - Ruth Mae Simon By Representative Foster In Memoriam - Barbara Ann Lanz By Senator Duncan; Representatives Ulmer, Hudson 1994-02-24 House Journal Page 2522 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 420 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420 by Representative Therriault, entitled: "An Act relating to limited liability companies; amending Alaska Rules of Civil Procedure 20 and 24; and providing for an effective date." was read the first time and referred to the Labor & Commerce, Judiciary and State Affairs Committees. HB 487 SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 487 by Representative Kott, entitled: "An Act relating to the sale, display, or distribution of material harmful to minors at places where minors are present or allowed to be present and where minors are able to view such material; and prohibiting the sale or display of certain audio recordings, phonograph records, magnetic tapes, compact discs, or videotapes, without warning labels and opaque wrappings." was read the first time and referred to the Labor & Commerce, Judiciary and Finance Committees. RECONSIDERATION HB 184 Representative Phillips brought up reconsideration of the vote on CSSSHB 184(FIN) (page 2499). The following was again before the House in third reading: 1994-02-24 House Journal Page 2523 HB 184 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 184(FIN) "An Act making a special appropriation to the Department of Transportation and Public Facilities to determine the cost of acquiring real property within the right-of-way of the proposed extension of the Alaska Railroad from Eielson Air Force Base to the Alaska-Canada border; and providing for an effective date." Representative Phillips moved and asked unanimous consent that CSSSHB 184(FIN) be returned to the Rules Committee. There being no objection, CSSSHB 184(FIN) was returned to the Rules Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 128 The following was read the second time: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128 "An Act relating to early acknowledgement of paternity for the child of an unmarried mother." with the: Journal Page HES RPT CSSS(HES) 6DP 2DNP 1NR 704 -FISCAL NOTE (DHSS) 3/19/93 705 JUD RPT CSSS(HES) 2DP 2NR 1105 -PREVIOUS FN (DHSS) 3/19/93 1106 FIN RPT CSSS(FIN) NEW TITLE 11DP 2339 -FISCAL NOTE (DHSS) 2/11/94 2339 -ZERO FISCAL NOTE (DHSS) 2/11/94 2339 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1994-02-24 House Journal Page 2524 HB 128 CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 128(FIN) "An Act relating to paternity determinations and acknowledgements." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSSSHB 128(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 128(FIN) was read the third time. The question being: "Shall CSSSHB 128(FIN) pass the House?" The roll was taken with the following result: CSSSHB 128(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, B.Davis, Menard, Sitton Absent: Hoffman And so, CSSSHB 128(FIN) passed the House and was referred to the Chief Clerk for engrossment. 1994-02-24 House Journal Page 2525 HB 415 The following was read the second time: HOUSE BILL NO. 415 "An Act making corrective amendments to the Alaska Statutes as recommended by the revisor of statutes; and providing for an effective date." with the: Journal Page JUD RPT CS(JUD) 6DP 2473 -ZERO FISCAL NOTE (LAW) 2/22/94 2474 ANALYSIS PUBLISHED 2474 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. 415(JUD) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 415(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 415(JUD) was read the third time. The question being: "Shall CSHB 415(JUD) pass the House?" The roll was taken with the following result: CSHB 415(JUD) Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 4 ABSENT: 1 1994-02-24 House Journal Page 2526 HB 415 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin Excused: Davidson, B.Davis, Menard, Sitton Absent: Hoffman And so, CSHB 415(JUD) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. CSHB 415(JUD) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HCR 24 The following was read the second time: 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. with the: Journal Page JUD RPT CS(JUD) NEW TITLE 5DP 2NR 2336 -ZERO FISCAL NOTE (H.JUD) 2/11/94 2336 A corrected zero fiscal note submitted by the Judiciary Committee was published today. Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: 1994-02-24 House Journal Page 2527 HCR 24 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. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHCR 24(JUD) be held in second reading until the February 28, 1994, calendar. There being no objection, it was so ordered. HCR 28 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 28 Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. with the: Journal Page JUD RPT 2DP 4NR 2491 -ZERO FISCAL NOTE (H.JUD) 2/23/94 2491 The question being: "Shall HCR 28 pass the House? The roll was taken with the following result: HCR 28 Second Reading Final Passage YEAS: 31 NAYS: 3 EXCUSED: 4 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Vezey, Williams, Willis 1994-02-24 House Journal Page 2528 HCR 28 Nays: Brown, Davies, Finkelstein Excused: Davidson, B.Davis, Menard, Sitton Absent: Hoffman, Therriault And so, HCR 28 passed the House. Representative Brown gave notice of reconsideration of her vote on HCR 28. 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 - J. Chester and Josephine Gordon for their Service to Alaska By Representatives Mulder, Brice, James, Martin, Menard, Porter, Ulmer, Vezey, Willis Honoring - Jennifer Roberts, Alaska State Society, D.A.R., Good Citizen By Representatives Willis, Carney, Kott, Brice, James, Mackie, MacLean, Menard, Mulder, Navarre, Porter, Ulmer, Vezey; Senators Halford, Phillips Honoring - Brit Jacobson, 1994 Alaska Sportswriters' Player of the Year By Representatives Willis, Kott, Carney, Brice, G.Davis, Green, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Parnell, Porter, Ulmer, Vezey; Senators Halford, Phillips UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Green - from 6:00 a.m., February 25 to 8:00 p.m., plane time, February 27, 1994 1994-02-24 House Journal Page 2529 Representative Nordlund - from 7:00 p.m., February 24 to 10:00 a.m., plane time, March 1, 1994 Representative Williams - from 7:00 a.m., February 25 to 10:00 p.m., plane time, February 27, 1994 There being no objection, it was so ordered. HB 306 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 306 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." HB 306 was sent to the Rules Committee for placement on the calendar. RECONSIDERATION HB 315 Representative Brice brought up reconsideration of the vote on CSHB 315(JUD) (page 2503). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 315(JUD) "An Act relating to the unauthorized use of or unauthorized interference with transmission and delivery of subscription cable services; and amending the definition of the offense of theft of services and the penalties for its violation." Representative Davies moved and asked unanimous consent that CSHB 315(JUD) be returned to second reading for the specific purpose of considering Amendment No. 2. There being no objection, it was so ordered. 1994-02-24 House Journal Page 2530 HB 315 Amendment No. 2 was offered by Representatives Davies and Brown: Page 3, line 10: Delete "carried by" Insert "received from" Page 3, line 24: Delete "carried by" Insert "received from" Page 3, line 30: Delete "carried by" Insert "received from" Page 4, line 11, after "that": Insert ", unless its use has been specifically authorized by a federal statute or regulation," Page 4, line 14: Delete "carried by" Insert "received from" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 2 was adopted. The question to be reconsidered: "Shall CSHB 315(JUD) am pass the House?" The roll was taken with the following result: CSHB 315(JUD) am -- RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 3 EXCUSED: 4 ABSENT: 2 1994-02-24 House Journal Page 2531 HB 315 Yeas: Barnes, Brice, Bunde, Carney, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davies, Green Excused: Davidson, B.Davis, Menard, Sitton Absent: Hoffman, Nordlund And so, CSHB 315(JUD) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HCR 24 Representative Mulder added his name as cosponsor to: 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. HCR 28 Representative Therriault added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 28 Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. HB 139 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 139 "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." 1994-02-24 House Journal Page 2532 HB 306 Representative Mulder added his name as cosponsor to: HOUSE BILL NO. 306 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." HB 319 Representative Green added his name as cosponsor to: HOUSE BILL NO. 319 "An Act relating to the training of law enforcement and corrections officers; to the establishment of surcharges to be assessed for violations of certain traffic offenses; creating the Alaska Police Standards Training Fund; and providing for an effective date." SB 54 Representative Green added his name as cross-sponsor to: CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." ENGROSSMENT HB 61 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 61(FIN) am "An Act relating to the offense of operating a commercial motor vehicle while intoxicated and the offense of operating a motor vehicle, aircraft, or watercraft while intoxicated; relating to presumptions arising from the amount of alcohol in a person's breath or blood; relating to chemical testing of a person's breath; and providing for an effective date." 1994-02-24 House Journal Page 2533 HB 128 CSSSHB 128(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 315 CSHB 315(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 415 CSHB 415(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HJR 30 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 1:48 p.m., February 24, 1994: HOUSE JOINT RESOLUTION NO. 30 Relating to epidemiological and quarantine services in ports of entry in the state. 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. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., February 28, 1994. There being no objection, the House adjourned at 12:55 p.m. Suzi Lowell Chief Clerk