Legislature(1993 - 1994)
1994-03-02 House Journal
Full Journal pdf1994-03-02 House Journal Page 2563 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 2, 1994 Fifty-second Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:14 a.m. Roll call showed 37 members present. Representative B.Davis had been previously excused from a call of the House today. Representatives Finkelstein and Navarre were absent. The invocation was offered by the Chaplain, Associate Pastor and Director of Native Ministries, Mary Ann Warden of the Northern Light United Church. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "`Oh Great Spirit, when we walk the path of beauty with sincerity, honesty, courage, and truthfulness, we are like the upright basket which can hold the fruits of harvest. We can receive and share the blessings abundantly. But when we have strayed from the beauty path and are not trustworthy, honest, or reliable, we are like the basket turned over. We cannot contain, receive, or give of the many blessings of life. When we are upside down we are empty and useless. Help us to always be upright, to receive and share the blessings of life. Amen.' Anonymous" The Pledge of Allegiance was led by Representative Foster. 1 1994-03-02 House Journal Page 2564 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 50th and 51st legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 101 A message dated February 28, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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." Chapter 2, SLA 1994 Effective date: March 1, 1994 SCR 4 A message dated February 28, 1994, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 25 **The presence of Representative Navarre was noted. SJR 13 A message dated February 28, 1994, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-03-02 House Journal Page 2565 SJR 13 CS FOR SENATE JOINT RESOLUTION NO. 13(RLS) Opposing the ban on the export of Alaska North Slope crude oil; endorsing HR 543, legislation removing restraints on the export of Alaska North Slope oil; requesting the Congress of the United States to pass legislation to permit the export of Alaska North Slope crude oil; and requesting the President of the United States to present to the United States Congress a recommendation to lift the ban on the export of Alaska North Slope crude oil. Legislative Resolve No. 24 SB 19 A message dated March 1, 1994, was read stating the Governor has signed the following bill and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE CS FOR CS FOR SENATE BILL NO. 19(FIN) "An Act relating to the crime of conspiracy." Chapter No. 3, SLA 1994 Effective Date: May 30, 1994 MESSAGES FROM THE SENATE A message dated February 28, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 33 CS FOR SENATE BILL NO. 33(FIN) by the Senate Finance Committee, entitled: "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local 1994-03-02 House Journal Page 2566 SB 33 emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually." was read the first time and referred to the Community & Regional Affairs and Finance Committees. SB 210 CS FOR SENATE BILL NO. 210(FIN) am by the Senate Finance Committee, entitled: "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports." was read the first time and referred to the Transportation and Finance Committees. COMMUNICATIONS The following reports are on file in the Chief Clerk's office: Dept. of Labor Alaska Labor Relations Agency 1993 Annual Report (as required by AS 23.05.370(4)) Dept. of Revenue Treasury Division Alaska Public Debt 1993 1994-03-02 House Journal Page 2567 REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has held hearings on the qualifications of the following appointees for legislative confirmation: Stuart H. Bowdoin, Jr. Sally A. DeWitt Karen J. Mahurin Alfred L. Tamagni, Sr. as members of the Alaska Labor Relations Agency; Michael J. O'Hara as a member of the Board of Marine Pilots; Chris Anderson as a member of the Board of Certified Real Estate Appraisers; Audrey J. Foldoe Kristan Tanner as members of the Real Estate Commission; Alyce Hanley Dwight D. Ornquist as members of the Alaska Public Utilities Commission; and, Twyla Barnes John Giuchici Steve Hagedorn Florence S. Rooney Patricia Wollendorf as members of the Alaska Workers' Compensation Board. Do recommend (5): Porter, Mulder, Williams, Green, Hudson The reports were signed by Representative Hudson, Chair. 1994-03-02 House Journal Page 2568 HCR 27 The State Affairs Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (6): Vezey, Kott, Sanders, G.Davis, Olberg, Ulmer The following fiscal note applies to HCR 27: Zero fiscal note, Dept. of Education, 3/2/94 HCR 27 was referred to the Rules Committee for placement on the calendar. HJR 55 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 55 Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) (same title) The report was signed by Representative Hudson, Vice Chair, with the following individual recommendations: Do pass (5): Carney, James, Mulder, Bunde, Hudson Do not pass (1): Davies No recommendation (1): Green 1994-03-02 House Journal Page 2569 HJR 55 The following fiscal note applies to CSHJR 55(RES): Zero fiscal note, House Resources Committee, 3/2/94 HJR 55 was referred to the Rules Committee for placement on the calendar. HJR 56 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 56 Relating to an exemption for federal lands in Alaska from the federal PACFISH management strategy. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) (same title) The report was signed by Representative Hudson, Vice Chair, with the following individual recommendations: Do pass (6): Carney, Green, James, Mulder, Bunde, Hudson No recommendation (1): Davies The following fiscal note applies to CSHJR 56(RES): Zero fiscal note, Dept. of Commerce & Economic Development, 3/2/94 HJR 56 was referred to the Rules Committee for placement on the calendar. HB 267 The Health, Education & Social Services Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 267 "An Act increasing elementary and secondary instructional units for certain school districts with 800 or fewer students in average daily membership; and providing for an effective date." 1994-03-02 House Journal Page 2570 HB 267 The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Olberg, Nicholia, Brice No recommendation (4): Kott, Vezey, Bunde, Toohey The following fiscal note applies to SSHB 267: Fiscal note, Dept. of Education, 3/2/94 SSHB 267 was referred to the Finance Committee. HB 316 The Judiciary Committee has considered: HOUSE BILL NO. 316 "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, Green, James, Porter No recommendation (1): Phillips The following fiscal note applies to HB 316: Zero fiscal note, Dept. of Law, 3/2/94 HB 316 was referred to the Rules Committee for placement on the calendar. HB 320 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 320 "An Act relating to public school health personal safety education." 1994-03-02 House Journal Page 2571 HB 320 and recommends it be replaced with: CS FOR HOUSE BILL NO. 320(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (2): Brice, Toohey No recommendation (5): Kott, Vezey, Bunde, Olberg, Nicholia The following fiscal notes apply to CSHB 320(HES): Fiscal note, Dept. of Education, 3/2/94 Zero fiscal note, Department of Health & Social Services, 3/2/94 HB 320 was referred to the Finance Committee. HB 324 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 324 "An Act extending the termination date of the Board of Dental Examiners; and providing for an effective date." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (6): Kott, Vezey, Bunde, Toohey, Nicholia, Brice No recommendation (1): Olberg The following fiscal note applies to HB 324: Zero fiscal note, Dept. of Commerce & Economic Development, 3/2/94 HB 324 was referred to the Finance Committee. 1994-03-02 House Journal Page 2572 HB 331 The Finance Committee has considered: HOUSE BILL NO. 331 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): Larson, Hanley, Parnell, Navarre, Therriault, Foster No recommendation (5): MacLean, Martin, Grussendorf, Hoffman, Brown The following fiscal notes apply to HB 331: Fiscal notes (2), Dept. of Health & Social Services, 2/22/94 Zero fiscal note, Dept. of Revenue, 2/22/94 HB 331 was referred to the Rules Committee for placement on the calendar. HB 336 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 336 "An Act relating to violations of laws by juveniles." and recommends it be replaced with: CS FOR HOUSE BILL NO. 336(HES) "An Act relating to disclosures of information about minors." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Olberg, Toohey Do not pass (1): Nicholia No recommendation (3): Kott, G.Davis, Brice 1994-03-02 House Journal Page 2573 HB 336 Amend (1): Vezey The following fiscal notes apply to CSHB 336(HES): Fiscal note, Department of Health & Social Services, 3/2/94 Zero fiscal notes (2), Dept. of Public Safety, 3/2/94 Zero fiscal note, Dept. of Law, 3/2/94 HB 336 was referred to the Judiciary Committee. **The presence of Representative Finkelstein was noted. HB 351 The State Affairs Committee has considered: HOUSE BILL NO. 351 "An Act relating to the issuance of permits for the carrying of a concealed weapon." and recommends it be replaced with: CS FOR HOUSE BILL NO. 351(STA) "An Act relating to permits for the carrying of a concealed weapon; relating to the authority of a court to prohibit persons convicted of certain misdemeanors from applying for, receiving, and possessing a permit to carry a concealed weapon; and relating to the possession of weapons." 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 CSHB 351(STA): Fiscal note, House State Affairs Committee/Dept. of Public Safety, 3/2/94 HB 351 was referred to the Judiciary Committee. 1994-03-02 House Journal Page 2574 HB 361 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 361 "An Act making an appropriation to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: No recommendation (6): Vezey, Kott, Bunde, Olberg, Nicholia, Toohey Amend (1): Brice HB 361 was referred to the Finance Committee. HB 404 The State Affairs Committee has considered: HOUSE BILL NO. 404 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law and the original claim for an allotment described land that is now within, or managed as a unit of, the state park system." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Kott, Vezey, G.Davis No recommendation (1): Olberg The following fiscal note applies to HB 404: Zero fiscal note, Dept. of Natural Resources, 3/2/94 HB 404 was referred to the Resources Committee. 1994-03-02 House Journal Page 2575 HB 439 The Labor & Commerce Committee has considered: HOUSE BILL NO. 439 "An Act enacting the Uniform Fraudulent Transfer Act." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Green, Williams, Mulder, Hudson The following fiscal note applies to HB 439: Zero fiscal note, Dept. of Law, 3/2/94 HB 439 was referred to the Judiciary Committee. HB 446 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 446 "An Act relating to community agreements for environmental conservation purposes; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (7): Sanders, Davies, Willis, Toohey, Olberg, Bunde, Williams The following fiscal note applies to HB 446: Zero fiscal note, Dept. of Environmental Conservation, 2/4/94 HB 446 was referred to the Resources Committee. HB 472 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 472 "An Act relating to referrals involving dental services." 1994-03-02 House Journal Page 2576 HB 472 The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (3): Kott, Vezey, Toohey No recommendation (3): Nicholia, Bunde, Olberg The following fiscal note applies to HB 472: Zero fiscal note, Dept. of Commerce & Economic Development, 3/2/94 HB 472 was referred to the Judiciary Committee. HB 507 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 507 "An Act relating to licensure by the State Medical Board and temporary permits for certain optometrists." and recommends it be replaced with: CS FOR HOUSE BILL NO. 507(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): Kott, Vezey, Bunde, Toohey, Brice No recommendation (2): Olberg, Nicholia The following fiscal note applies to CSHB 507(HES): Fiscal note, Dept. of Commerce & Economic Development, 3/2/94 HB 507 was referred to the Labor & Commerce Committee. The Speaker added a Finance Committee referral to follow the Labor & Commerce Committee referral. 1994-03-02 House Journal Page 2577 REPORTS OF SPECIAL COMMITTEES HJR 59 The House Special Committee on Fisheries Committee has considered: HOUSE JOINT RESOLUTION NO. 59 Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 59(FSH) (same title) The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (5): Moses, Phillips, Nicholia, Davidson, Olberg The following fiscal note applies to CSHJR 59(FSH): Zero fiscal note, House Special Committee on Fisheries, 3/2/94 HJR 59 was referred to the Resources Committee. HB 474 The House Special Committee on Oil and Gas Committee has considered: HOUSE BILL NO. 474 "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them, and that relate to land, property, and resources, and to the interests within them, that are subject to the coastal management program; and providing for an effective date." and recommends it be replaced with: 1994-03-02 House Journal Page 2578 HB 474 CS FOR HOUSE BILL NO. 474(O&G) "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them, and that relate to uses and activities involving land, property, and resources, and to the interests within them, that are subject to the coastal management program when the use or activity is to be authorized or developed in phases; and providing for an effective date." The report was signed by Representative Green, Chair, with the following individual recommendations: Do pass (3): Sanders, Kott, Green Amend (1): G.Davis The following fiscal note applies to CSHB 474(O&G): Zero fiscal note, Dept. of Natural Resources, 3/2/94 HB 474 was referred to the Resources Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Tommy Moe By Representatives Toohey, Larson, Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Ulmer, Vezey, Williams, Willis Honoring - Megan Gerety By Representative Toohey Honoring - Nina Kemppel By Representative Toohey 1994-03-02 House Journal Page 2579 Honoring - Senator Ted Stevens By Representative Martin Honoring - Christina Clauder, Girl Scout Gold Award By Representatives Hudson, Ulmer; Senator Duncan Honoring - Northern Alaska Chapter, March of Dimes Bid for Bachelors By Representative Brice Honoring - Bryce Taylor Morrison, Eagle Scout Award By Representatives Hudson, Ulmer; Senator Duncan Honoring - Lori Dee Wilson for Bravery and Courage By Senators Jacko, Halford; Representative Hoffman Honoring - Justine Muench By Senator Duncan; Representatives Ulmer, Hudson INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 516 HOUSE BILL NO. 516 by the House Labor & Commerce Committee, entitled: "An Act repealing provisions relating to dealers in vegetables of Alaska origin." was read the first time and referred to the Resources Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 323 The following was read the second time: HOUSE BILL NO. 323 "An Act authorizing the Bureau of Vital Statistics to release certain information the following the purpose of organ and tissue donations." 1994-03-02 House Journal Page 2580 HB 323 with the: Journal Page HES RPT CS(HES) NEW TITLE 7DP 1DNP 1NR 2309 -2 ZERO FISCAL NOTES (DHSS,COURT) 2/9/94 2309 JUD RPT CS(JUD) NEW TITLE 2DP 2NR 2AM 2492 -2 PREVIOUS ZERO FNS(COURT,DHSS) 2/9/94 2493 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. 323(JUD) "An Act relating to the release of certain information for the purpose of facilitating anatomical gifts." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Toohey: Page 1, line 1, following "relating" (title amendment): Insert "to requests for anatomical gifts and to" Page 1, lines 4 - 8, following "* Section 1.": Delete all material. Insert "AS 13.50 is amended by adding a new section to read: Sec. 13.50.018. PROCEDURES REQUIRED. Unless the person is already required by AS 13.50.014(b) to adopt the procedures, a person who is a bank or storage facility or who handles the procurement of anatomical requests shall develop procedures that specify the circumstances under which it is inappropriate to request a gift, such as if the gift is unsuitable, if the request is likely to offend the donor's religious beliefs, or if making the request is likely to cause undue emotional distress to the person who would be making the gift. The procedures must encourage reasonable discretion and sensitivity." Representative Toohey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted and the new title appears below: 1994-03-02 House Journal Page 2581 HB 323 CS FOR HOUSE BILL NO. 323(JUD) am "An Act relating to requests for anatomical gifts and to the release of certain information for the purpose of facilitating anatomical gifts." Representative Phillips moved and asked unanimous consent that CSHB 323(JUD) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 323(JUD) am was read the third time. The question being: "Shall CSHB 323(JUD) am pass the House?" The roll was taken with the following result: CSHB 323(JUD) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis And so, CSHB 323(JUD) am passed the House and was referred to the Chief Clerk for engrossment. HB 454 The following was read the second time: HOUSE BILL NO. 454 "An Act making a supplemental appropriation to the Department of Law to pay costs of certain continuing legal proceedings; and providing for an effective date." 1994-03-02 House Journal Page 2582 HB 454 with the: Journal Page FIN RPT CS(FIN) 7DP 4NR 2495 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. 454(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 454(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 454(FIN) was read the third time. The question being: "Shall CSHB 454(FIN) pass the House?" The roll was taken with the following result: CSHB 454(FIN) Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Hoffman Excused: B.Davis Absent: Martin And so, CSHB 454(FIN) passed the House. 1994-03-02 House Journal Page 2583 HB 454 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. Representative Brice gave notice of reconsideration of his vote on CSHB 454(FIN). LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - Danny Stevens, Dimond High School Head Football Coach By Representatives Hanley, Green, James, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Toohey, Ulmer Honoring - Juneau-Douglas High School Basketball Team By Representatives Ulmer, Hudson, Brice, Green, James, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Phillips; Senator Duncan Commemorating - 1994 International Women's Day Celebration By Representatives Ulmer, Hudson, Brice, Brown, Davies, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Phillips, Toohey; Senator Duncan Honoring - Tiffany Peters, Girl Scout Gold Award By Representatives Hudson, Ulmer, Brice, Green, James, Mackie, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey; Senator Duncan Honoring - The Wasilla High School Cheerleaders By Senator Kerttula; Representatives Carney, Green, James, Larson, Mackie, MacLean, Menard, Navarre, Nicholia, Ulmer In Memoriam - Lawrence S. Schachle By Representatives Menard, Carney, Larson, Foster, James, Mackie, Menard, Nicholia; Senators Kerttula, Halford In Memoriam - Elmo Oscar Kienbaum By Senator Taylor; Representatives Williams, Foster, James, Mackie, Menard 1994-03-02 House Journal Page 2584 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Hoffman - from 6:00 p.m., February 24 to 10:00 a.m., plane time, February 28, 1994 (amended from page 2325); and from 5:00 p.m., March 3 to 10:00 a.m., plane time, March 7, 1994 Representative Bunde - from 7:00 p.m., March 4 to 8:00 p.m., plane time, March 6, 1994 (amended from page 2484) Representative Finkelstein - from 5:00 a.m., March 21 to 10:00 a.m., plane time, March 22, 1994 Representative Menard - from 6:30 a.m., March 4 to 8:00 p.m., plane time, March 6, 1994; and from 6:30 a.m., March 11 to 10:00 p.m., plane time, March 13, 1994 Representative Willis - from 4:30 p.m., March 17 to 8:00 p.m., plane time, March 20, 1994 There being no objection, it was so ordered. RECONSIDERATION HB 429 Representative Navarre brought up reconsideration of the vote on HB 429 (page 2554). The following was again before the House in third reading: HOUSE BILL NO. 429 "An Act relating to the special education service agency." 1994-03-02 House Journal Page 2585 HB 429 The question to be reconsidered: "Shall HB 429 pass the House?" The roll was taken with the following result: HB 429--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis And so, HB 429 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 277 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: 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." HB 277 was referred to the Rules Committee for placement on the calendar. HB 333 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: 1994-03-02 House Journal Page 2586 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." HB 333 was referred to the Rules Committee for placement on the calendar. HB 394 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Chair: HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." HB 394 was referred to the Rules Committee for placement on the calendar. HB 511 The Speaker added a Finance Committee referral to follow the Judiciary Committee referral for the following: HOUSE BILL NO. 511 "An Act relating to the limitations period for assessments for certain state taxes, and for collection, after assessment, of taxes due the state; and providing for an effective date." HB 511 is in the House Special Committee on Oil and Gas. HB 513 The Speaker waived the Labor & Commerce Committee referral on the following at the request of Representative Hudson, Chair: HOUSE BILL NO. 513 "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date." 1994-03-02 House Journal Page 2587 HB 513 HB 513 was removed from the Labor & Commerce Committee and sent to the State Affairs Committee. RECONSIDERATION HCR 24 Representative Finkelstein brought up reconsideration of the vote on CSHCR 24(JUD) am. The following was again before the House in second reading: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(JUD) am 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 question to be reconsidered: "Shall CSHCR 24(JUD) am pass the House?" The roll was taken with the following result: CSHCR 24(JUD) am--RECONSIDERATION Second Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Davies, Finkelstein Excused: B.Davis And so, CSHCR 24(JUD) am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 1994-03-02 House Journal Page 2588 UNFINISHED BUSINESS HSCR 3 Representative Finkelstein added his name as cosponsor to: SS FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89. HB 341 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 341 "An Act relating to physician assistants; and providing for an effective date." HB 405 Representative Williams added his name as cosponsor to: HOUSE BILL NO. 405 "An Act establishing and relating to the Alaska Information Network Corporation; relating to the Telecommunications Information Council; and relating to the state's information industry; and providing for an effective date." HB 438 Representative Sitton added his name as cosponsor to: HOUSE BILL NO. 438 "An Act establishing special request licenses depicting the sport of dog mushing." SB 210 Representative James added her name as cross-sponsor to: 1994-03-02 House Journal Page 2589 SB 210 CS FOR SENATE BILL NO. 210(FIN) am "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports." ENGROSSMENT HCR 24 CSHCR 24(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 323 CSHB 323(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 429 HB 429 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. House Special Committee on Oil and Gas Capitol 124 5:15 p.m., 3/3 (HB 276: HELD OVER) 1994-03-02 House Journal Page 2590 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 4, 1994. There being no objection, the House adjourned at 11:06 a.m. Suzi Lowell Chief Clerk