Legislature(1993 - 1994)
1994-03-04 House Journal
Full Journal pdf1994-03-04 House Journal Page 2595 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 4, 1994 Fifty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:23 a.m. Roll call showed 36 members present. Representatives B.Davis, Hoffman, Menard and Ulmer had been previously excused from a call of the House today. The invocation was offered by the Chaplain, Associate Pastor and Director of Native Ministries of the Northern Light United Church, Reverend Mary Ann Warden. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "`Thank You, Lord, for the people gathered around us today. Let us take this time to give thanks for these things of the earth that give us the means of life. Thank You for the plants, animals, and birds that we use as food and medicine. Thank You for the natural world in which we find the means to be clothed and housed. Thank You, Lord, for the ability to use these gifts of the natural world. Help us to see our place among these gifts; not to squander them or think of them as means for selfish gain. May we respect the life of all You have made. May our spirits be strengthened by using only what we need and may we use our strength to help those who need us. In Christ we pray.' Mohawk prayer tradition by Sue Ellen Herne" 1 1994-03-04 House Journal Page 2596 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 52nd and 53rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HSCR 3 A message dated March 3, 1994, was read stating the Senate has accepted the invitation to meet in joint session in the House Chamber at 11:00 a.m., March 9, 1994, for the purpose of considering the following: SS FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89. [Comment: #] and to consider the confirmation of the Ombudsman. HB 58 A message dated March 2, 1994, were read stating the Senate has passed CSHB 58(FIN) am(efd fld) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska." CSHB 58(FIN) am(efd fld) is under Unfinished Business. HB 160 A message dated March 2, 1994, was read stating the Senate has passed HB 160(title am) with the following amendment: Page 3, lines 2 and 6: Delete "10" Insert "15" 1994-03-04 House Journal Page 2597 HB 160 Page 3, line 9: Delete "10th" Insert "15th" Page 3, line 26, after "action": Delete "accruing" Insert "based on a defect that occurs in design, planning, supervision, construction, or observation of construction of an improvement to real property" And so, the following is transmitted for consideration: HOUSE BILL NO. 160 am S(efd fld S) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property." HB 160(title am) is under Unfinished Business. [Comment: #] Messages dated March 2 and 3, 1994, were read stating the Senate has passed the following, and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 39 SENATE JOINT RESOLUTION NO. 39 by the Senate State Affairs Committee: Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. was read the first time and referred to the Judiciary and Finance Committees. The Senate adopted a Letter of Intent (p. 3034 of the Senate Journal). 1994-03-04 House Journal Page 2598 FIRST READING AND REFERENCE OF SENATE BILLS SB 212 CS FOR SENATE BILL NO. 212(FIN) am by the Senate Finance Committee, entitled: "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date." was read the first time and referred to the Labor & Commerce and Finance Committees. SB 242 SENATE BILL NO. 242 by Senator Taylor, entitled: "An Act relating to office hours of state agencies." was read the first time and referred to the State Affairs Committee. COMMUNICATIONS A letter dated March 1, 1994, was received from John Ostashek, Government Leader, and Tony Penikett, Leader of the Official Opposition, Yukon Legislative Assembly, inviting the Alaska State Legislature to send a delegation to the Yukon for a legislative exchange on any date after March 13, 1994. The Speaker stated that members interested in serving on the delegation should contact her office. The letter is on file in the Chief Clerk's office. **The presence of Representative Ulmer was noted. The following reports are on file in the Chief Clerk's office: 1994-03-04 House Journal Page 2599 Dept. of Environmental Conservation Spill Prevention and Response Division Storage Tank Assistance Fund Annual Report, FY 1993 (as required by AS 46.03.363) Dept. of Administration Division of Retirement and Benefits Public Employees' and Teachers' Retirement Systems Component Unit Financial Report For the Fiscal Year ended June 30, 1993 (as required by AS 39.35.020(5) and AS 14.25.030(4)) Dept. of Fish & Game Commercial Fisheries Management & Development Division Alaska Fisheries Enhancement Program 1993 Annual Report REPORTS OF STANDING COMMITTEES HSCR 3 The House Labor & Commerce and Senate Labor & Commerce Committees have met jointly and considered: SS FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89. The report stated the House members have taken action to report the resolution back to the House with individual recommendations. Senate members were invited to express their individual recommendations also. The report, addressed to the Speaker and the President, was signed by Representative Hudson, Chair, and Senator Rieger, Vice Chair, with the following individual recommendations: Do pass (2): Representatives Sitton, Mulder No recommendation (6): Representatives Porter, Williams, Green, Hudson; Senators Rieger, Salo 1994-03-04 House Journal Page 2600 HSCR 3 The following fiscal note applies to SSHSCR 3: Zero fiscal note, House Labor & Commerce Committee, 3/4/94 This will be taken up later at the Joint Session on March 9, 1994. HCR 12 The Resources Committee has considered: HOUSE CONCURRENT RESOLUTION NO. 12 Relating to the use of natural gas as a motor vehicle fuel in Alaska. and recommends it be replaced with: CS FOR HOUSE CONCURRENT RESOLUTION NO. 12(O&G) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (9): Hudson, Carney, Green, James, Finkelstein, Davies, Mulder, Bunde, Williams The following fiscal note applies to CSHCR 12(O&G): Zero fiscal note, Dept. of Environmental Conservation, 2/18/94 HCR 12 was referred to the Transportation Committee. HJR 52 The Health, Education & Social Services Committee has considered: HOUSE JOINT RESOLUTION NO. 52 Urging the Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: 1994-03-04 House Journal Page 2601 HJR 52 Do pass (3): G.Davis, Nicholia, Brice Do not pass (1): Bunde No recommendation (3): Kott, Vezey, Olberg The following fiscal note applies to HJR 52: Zero fiscal note, Dept. of Health & Social Services, 3/4/94 HJR 52 was referred to the Rules Committee for placement on the calendar. HB 162 The Judiciary Committee has considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 162 "An Act authorizing capital punishment, classifying murder in the first degree as a capital felony, and establishing sentencing procedures for capital felonies; authorizing an advisory vote on instituting capital punishment; and providing for an effective date." and recommends the following amendment: Page 1, line 3 (title amendment): Delete "authorizing an advisory vote on instituting capital punishment;" Page 10, line 27, through page 11, line 4: Delete all material. Renumber the following bill section accordingly. Page 11, line 5: Delete "Except for sec. 13 of this Act, this" Insert "This" 1994-03-04 House Journal Page 2602 HB 162 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Phillips, James, Kott Do not pass (4): Porter, Green, Nordlund, Davidson The following fiscal notes apply to SSHB 162: Fiscal note, Dept. of Corrections, 3/4/94 Fiscal note, Office of the Governor, 3/4/94 Fiscal notes (2), Dept. of Law, 3/4/94 Fiscal notes (2), Dept. of Administration, 3/4/94 Zero fiscal notes (2), Dept. of Public Safety, 3/4/94 SSHB 162 was referred to the Finance Committee. HB 260 The Finance Committee has considered: HOUSE BILL NO. 260 "An Act relating to the membership of the Alaska Chilkat Bald Eagle Preserve Advisory Council." The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (6): Larson, Parnell, Grussendorf, Navarre, Brown, Foster No recommendation (4): MacLean, Hanley, Martin, Therriault The following fiscal note applies to HB 260: Zero fiscal note, Dept. of Natural Resources, 3/4/94 HB 260 was referred to the Rules Committee for placement on the calendar. 1994-03-04 House Journal Page 2603 HB 337 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 337 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 337(HES) "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (4): G.Davis, Toohey, Nicholia, Brice No recommendation (4): Vezey, Kott, Bunde, Olberg The following fiscal notes apply to CSHB 337(HES): Zero fiscal note, Dept. of Law, 3/4/94 Zero fiscal note, Dept. of Public Safety, 3/4/94 Zero fiscal note, Dept. of Corrections, 3/4/94 HB 337 was referred to the Judiciary Committee. HB 340 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 340 "An Act prohibiting the furlough of sex offenders." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Toohey, Brice No recommendation (4): G.Davis, Olberg, Nicholia, Kott 1994-03-04 House Journal Page 2604 HB 340 Amend (1): Vezey The following fiscal notes apply to HB 340: Fiscal note, Dept. of Corrections, 3/4/94 Zero fiscal note, Dept. of Public Safety, 3/4/94 Zero fiscal notes (2), Dept. of Administration, 3/4/94 HB 340 was referred to the Judiciary Committee. HB 378 The State Affairs Committee has considered: HOUSE BILL NO. 378 "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 378(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (1): G.Davis No recommendation (1): Vezey Amend (2): Kott, Olberg The following fiscal note applies to CSHB 378(STA): Zero fiscal note, Dept. of Administration, 1/14/94 HB 378 was referred to the Health, Education & Social Services Committee. 1994-03-04 House Journal Page 2605 HB 392 The State Affairs Committee has considered: HOUSE BILL NO. 392 "An Act relating to the confidentiality of permanent fund dividend application information; relating to the permanent fund dividend program; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 392(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (2): Vezey, G.Davis No recommendation (3): Kott, Olberg, Sanders The following fiscal note applies to CSHB 392(STA): Zero fiscal note, Dept. of Revenue, 3/4/94 HB 392 was referred to the Judiciary Committee. HB 409 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 409 "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 409(HES) (same title) 1994-03-04 House Journal Page 2606 HB 409 The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (2): Bunde, Toohey No recommendation (4): Kott, G.Davis, Vezey, Olberg The following fiscal notes apply to CSHB 409(HES): Fiscal notes (10), Department of Health & Social Services, 3/4/94 HB 409 was referred to the Finance Committee. HB 437 The Transportation Committee has considered: HOUSE BILL NO. 437 "An Act relating to the operation of bicycles on state highways; prohibiting motor vehicle operators or occupants from harassing bicycle operators; and encouraging the safe use of bicycles as a basic means of transportation." and recommends it be replaced with: CS FOR HOUSE BILL NO. 437(TRA) (same title) The report was signed by Representative Foster, Chair, with the following individual recommendations: Do pass (1): Foster No recommendation (3): Hudson, Mulder, Vezey Amend (1): G.Davis The following fiscal note applies to CSHB 437(TRA): Zero fiscal note, Dept. of Public Safety, 3/4/94 HB 437 was referred to the State Affairs Committee. 1994-03-04 House Journal Page 2607 SB 238 The Resources Committee has considered: CS FOR SENATE BILL NO. 238(FIN) "An Act establishing a procedure for review of proposed projects under the Alaska coastal management program, and relating to petitions for compliance with and enforcement of district coastal management programs under that program and to the disposition of those petitions." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Hudson, Carney, Green, James, Bunde, Williams, Mulder No recommendation (2): Finkelstein, Davies The following fiscal note applies to CSSB 238(FIN): Senate fiscal note, Office of the Governor, 2/11/94 The Speaker added a Finance Committee referral to CSSB 238(FIN). CSSB 238(FIN) 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 - Michael R. Chmielewski, Alaska Counselor of the Year By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Jeffrey D. Trotter, Alaska Vocational Teacher of the Year By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - LaVon Barve, 1994 Yukon Quest Winner By Representatives Menard, Davies, Carney, Larson; Senators Kerttula, Halford 1994-03-04 House Journal Page 2608 Honoring - Leonard Nugen By Representatives Menard, Carney, Larson, Barnes; Senators Kerttula, Halford Commemorating - The Twentieth Anniversary of the Alaska Folk Festival By Representatives Ulmer, Hudson; Senator Duncan In Memoriam - Jeremiah C. Harrington By Representative Mulder In Memoriam - William "Wild Bill" Fenderson By Representative Brice In Memoriam - Josiah William "Joe" Knox Sr. By Representatives Davies, Brice, Sitton, Therriault, Vezey; Senator Frank In Memoriam - Florence H. Brindle By Senator Taylor INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 517 HOUSE BILL NO. 517 by the House Finance Committee, entitled: "An Act relating to real property transfers." was read the first time and referred to the Judiciary Committee. HB 518 HOUSE BILL NO. 518 by the House Judiciary Committee, entitled: "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." was read the first time and referred to the Judiciary Committee. 1994-03-04 House Journal Page 2609 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 306 The following was read the second time: HOUSE BILL NO. 306 "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." with the: Journal Page RES RPT CS(RES) 6DP 2436 -ZERO FISCAL NOTE (F&G) 2/17/94 2436 FIN REFERRAL WAIVED 2529 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. 306(RES) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 306(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 306(RES) was read the third time. The question being: "Shall CSHB 306(RES) pass the House?" The roll was taken with the following result: CSHB 306(RES) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 1994-03-04 House Journal Page 2610 HB 306 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, 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, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Hoffman, Menard And so, CSHB 306(RES) passed the House. Representative Ulmer gave notice of reconsideration of her vote on CSHB 306(RES). HB 398 The following was read the second time: HOUSE BILL NO. 398 "An Act relating to rights in certain tide and submerged land." with the: Journal Page CRA RPT CS(CRA) NEW TITLE 4DP 2NR 2405 -ZERO FISCAL NOTE (DNR) 2/15/94 2405 RES RPT CS(RES) NEW TITLE 9DP 2546 -PREVIOUS ZERO FISCAL NOTE (DNR) 2/15/94 2546 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. 398(RES) "An Act relating to conveyance of certain land to municipalities." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 398(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 398(RES) was read the third time. 1994-03-04 House Journal Page 2611 HB 398 The question being: "Shall CSHB 398(RES) pass the House?" The roll was taken with the following result: CSHB 398(RES) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, 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, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Hoffman, Menard And so, CSHB 398(RES) passed the House. Representative Ulmer gave notice of reconsideration of her vote on CSHB 398(RES). RECONSIDERATION HB 454 Representative Brice brought up reconsideration of the vote on CSHB 454(FIN) (page 2583). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 454(FIN) "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." Representative Brice placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall CSHB 454(FIN) pass the House?" The roll was taken with the following result: 1994-03-04 House Journal Page 2612 HB 454 CSHB 454(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Nays: Martin, Williams Excused: B.Davis, Hoffman, Menard And so, CSHB 454(FIN) passed the House on reconsideration. 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. CSHB 454(FIN) was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF SENATE BILLS SB 54 The following was read the second time: 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." 1994-03-04 House Journal Page 2613 SB 54 with the: Journal Page JUD RPT HCS(JUD) 4DP 1NR 1381 LETTER OF INTENT WITH JUD REPORT 1382 SENATE LETTER OF INTENT WITH JUD REPORT 1382 -ZERO FISCAL NOTE (H.JUD/ADM) 4/20/93 1383 -ZERO FISCAL NOTE (H.JUD/CORR) 4/20/93 1383 -ZERO FISCAL NOTE (ADM) 4/20/93 1383 -SENATE FN (COURT) 2/26/93 1383 -2 SENATE ZERO FNS (LAW, DHSS) 2/24/93 1383 -SENATE ZERO FN (DPS) 2/19/93 1383 FIN RPT HCSCS(FIN) NEW TITLE 7DP 2NR 2496 -2 FISCAL NOTES (CORR, COURT) 2/23/94 2497 -5 ZERO FNS (DHSS,2-ADM,DPS,LAW) 2/23/94 2497 Representative Phillips moved and asked unanimous consent that the following committee substitute with a technical title change be adopted in lieu of the original bill: HOUSE CS FOR 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 juvenile records, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." There being no objection, it was so ordered. The Speaker placed a call of the House. The call was satisfied. Amendment No. 1 was offered by Representatives Hanley and Brown: Page 7, line 14, after "in which event", through line 16: Delete all material. Insert "the minor may attempt to prove, by a preponderance of the evidence, that the minor is amenable to treatment under this chapter. If the court finds that the minor is amenable to treatment 1994-03-04 House Journal Page 2614 SB 54 under this chapter, the minor shall be treated as though the charges had been heard under AS47.10.010 - 47.10.142, and the court shall order disposition of the charges of which the minor is convicted under AS47.10.080(b)." Representative Hanley moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Bunde: Page 7, lines 7 - 8: Delete "of murder in the first degree, attempted murder in the first degree, or murder in the second degree" Insert "of an offense that is an unclassified felony" Page 7, lines 13 - 14: Delete "murder in the first degree, attempted murder in the first degree, or murder in the second degree" Insert "an offense that is an unclassified felony" Page 9, lines 20 - 21: Delete "murder in the first degree, attempted murder in the first degree, or murder in the second degree" Insert "an offense that is an unclassified felony" Representative Bunde moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Brown objected. 1994-03-04 House Journal Page 2615 SB 54 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H Second Reading Amendment No. 2 YEAS: 21 NAYS: 16 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Green, Hanley, James, Kott, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, Finkelstein, Foster, Grussendorf, Hudson, Larson, MacLean, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis, Hoffman, Menard And so, Amendment No. 2 was adopted. Amendment No. 3 was offered by Representative Porter: Page 9, lines 26 - 27: Delete "a minor was 16 or 17 years of age at the time of the alleged commission of the offense and" Page 9, line 28, after "declare": Delete "the" Insert "a" Representative Porter moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Navarre objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: 1994-03-04 House Journal Page 2616 SB 54 HCS CSSB 54(FIN) am H Second Reading Amendment No. 3 YEAS: 23 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Davidson, Davies, Finkelstein, Foster, Grussendorf, MacLean, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis, Hoffman, Menard And so, Amendment No. 3 was adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 2, line 25: Add a new section to read: * Sec. 2. AS 11.61.220(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person (1) knowingly possesses a deadly weapon, other than an ordinary pocketknife or a defensive weapon, that is concealed on the person; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being (A) a person under 18 years of age, possesses a firearm if the person has been convicted of an offense that is a crime of violence or has been adjudicated a delinquent minor for the violation of a law or ordinance that would constitute a crime of violence if the person 1994-03-04 House Journal Page 2617SB 54 were an adult; for purposes of this subparagraph, "crime of violence" means the commission or attempt on the part of the person to commit any of the following offenses: (i) murder in any degree (ii) manslaughter (iii) criminally negligent homicide (iv) assault in any degree (v) kidnapping (vi) sexual assault in any degree (vii) sexual abuse of a minor in any degree; or (viii) robbery in any degree; or (B) an unemancipated under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor; (4) knowingly possesses a firearm (A) or a defensive weapon within the grounds of or on a parking lot immediately adjacent to a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, except that a person 21 years of age or older may possess (i) an unloaded firearm in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (ii) a defensive weapon; or (B) within the grounds of or on a parking lot immediately adjacent to a center, other than a private residence, licensed under AS 47.35.010 - 47.35.075 or recognized by the federal government for the care of children; (5) possesses or transports a switchblade or a gravity knife; or (6) is the parent or guardian of a person under 18 years of age and, knowing that the person under 18 years of age possesses a firearm in violation of (3)(A) of this subjection, fails to make a reasonable effort to secure the possession of the firearm from the person under 18 years of age. Renumber following sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. 1994-03-04 House Journal Page 2618 SB 54 Representative Phillips objected. Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be withdrawn. There being no objection, Amendment No. 4 was withdrawn. New Amendment No. 4 was offered by Representative Finkelstein: Page 2, line 25: Add a new section to read: * Sec. 2. AS 11.61.220(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the fifth degree if the person (1) knowingly possesses a deadly weapon, other than an ordinary pocketknife or a defensive weapon, that is concealed on the person; (2) knowingly possesses a loaded firearm on the person in any place where intoxicating liquor is sold for consumption on the premises; (3) being (A) a person under 18 years of age, possesses a firearm if the person has been convicted of an offense that is a crime of violence or has been adjudicated a delinquent minor for the violation of a law or ordinance that would constitute a crime of violence if the person were an adult; for purposes of this subparagraph, "crime of violence" means the commission or attempt on the part of the person to commit any of the following offenses: (i) murder in any degree (ii) manslaughter (iii) criminally negligent homicide (iv) assault in any degree (v) kidnapping (vi) sexual assault in any degree (vii) sexual abuse of a minor in any degree; or (viii) robbery in any degree; or 1994-03-04 House Journal Page 2619 SB 54 (B) an unemancipated under 16 years of age, possesses a firearm without the consent of a parent or guardian of the minor; (4) knowingly possesses a firearm (A) or a defensive weapon within the grounds of or on a parking lot immediately adjacent to a public or private preschool, elementary, junior high, or secondary school without the permission of the chief administrative officer of the school or district or the designee of the chief administrative officer, except that a person 21 years of age or older may possess (i) an unloaded firearm in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (ii) a defensive weapon; or (B) within the grounds of or on a parking lot immediately adjacent to a center, other than a private residence, licensed under AS 47.35.010 - 47.35.075 or recognized by the federal government for the care of children; (5) possesses or transports a switchblade or a gravity knife. Renumber following sections accordingly. Representative Finkelstein moved and asked unanimous consent that New Amendment No. 4 be adopted. Representative Porter objected. Representative Finkelstein moved and asked unanimous consent that New Amendment No. 4 be withdrawn. There being no objection, New Amendment No. 4 was withdrawn. Representative Phillips moved and asked unanimous consent that HCS CSSB 54(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. HCS CSSB 54(FIN) am H was read the third time. The question being: "Shall HCS CSSB 54(FIN) am H pass the House?" The roll was taken with the following result: 1994-03-04 House Journal Page 2620 SB 54 HCS CSSB 54(FIN) am H Third Reading Final Passage YEAS: 27 NAYS: 10 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davidson, Davies, Finkelstein, Foster, MacLean, Navarre, Nicholia, Ulmer Excused: B.Davis, Hoffman, Menard And so, HCS CSSB 54(FIN) am H 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 clause. There being no objection, it was so ordered. Representative Navarre gave notice of reconsideration of his vote on HCS CSSB 54(FIN) am H. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: Honoring - 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 1994-03-04 House Journal Page 2621 Honoring - Megan Gerety By Representatives Toohey, Barnes, Brice, Brown, Bunde, Davies, G.Davis, Green, Hanley, Hudson, James, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sitton, Ulmer, Vezey, Willis Honoring - Nina Kemppel By Representatives Toohey, Barnes, Brice, Brown, Bunde, Davies, Green, Hanley, James, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sitton, Ulmer, Vezey, Willis Honoring - Senator Ted Stevens By Representatives Martin, Barnes, Brice, Brown, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Willis Honoring - Christina Clauder, Girl Scout Gold Award By Representatives Hudson, Ulmer, Barnes, Brice, Bunde, Green, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Sitton, Willis; Senator Duncan Honoring - Northern Alaska Chapter, March of Dimes Bid for Bachelors By Representatives Brice, Davies, Green, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Sitton, Ulmer, Vezey, Willis Honoring - Bryce Taylor Morrison, Eagle Scout Award By Representatives Hudson, Ulmer, Barnes, Brice, Bunde, Davies, Green, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sitton, Willis; Senator Duncan Honoring - Lori Dee Wilson for Bravery and Courage By Senators Jacko, Halford; Representatives Hoffman, Brice, Bunde, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Phillips, Sitton, Toohey, Ulmer, Willis Honoring - Justine Muench By Senator Duncan; Representatives Ulmer, Hudson, James, Mackie, Menard, Navarre, Nicholia, Sitton 1994-03-04 House Journal Page 2622 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 6:30 a.m., March 8 to 10:00 a.m., plane time, March 11, 1994 Representative James - from 6:30 a.m. to 8:00 p.m., plane time, March 24, 1994 Representative Moses - from 7:00 p.m., March 24 to 10:00 a.m., plane time, April 5, 1994 Representative Sanders - from 7:00 p.m., March 4 to 10:00 a.m., plane time, March 7, 1994 There being no objection, it was so ordered. HB 58 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 2596) on the following at this time: CS FOR HOUSE BILL NO. 58(FIN) am(efd fld) "An Act relating to the budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska." and SENATE CS FOR CS FOR HOUSE BILL NO. 58(FIN) (same title) Representative Mackie objected. The question being: "Shall the House consider the Senate message on CSHB 58(FIN) am(efd fld) and SCS CSHB 58(FIN) at this time?" The roll was taken with the following result: 1994-03-04 House Journal Page 2623 HB 58 SCS CSHB 58(FIN) Consider Senate Message YEAS: 23 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Mackie, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis, Hoffman, Menard And so, the motion passed. Representative Phillips moved that the House concur in the Senate amendment to CSHB 58(FIN) am(efd fld), thus adopting SCS CSHB 58(FIN), and recommended that the members vote yes. The Speaker invoked Section 102 of Mason's Manual. Representative Bunde moved the previous question. Representative Navarre objected. Representative Bunde moved and asked unanimous consent to withdraw the motion. Representative Mackie objected and withdrew the objection. There being no further objection, the motion was withdrawn. The question being: "Shall the House concur in the Senate amendment to CSHB 58(FIN) am(efd fld)?" The roll was taken with the following result: 1994-03-04 House Journal Page 2624 HB 58 SCS CSHB 58(FIN) Concur YEAS: 23 NAYS: 14 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Mackie, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis, Hoffman, Menard And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 58(FIN). Representative Navarre gave notice of reconsideration of his vote on SCS CSHB 58(FIN) and the Speaker ruled the notice out of order. Representative Navarre moved and asked unanimous consent that the House rescind its action in concurring in the Senate amendment to CSHB 58(FIN) am(efd fld). Representative Phillips objected. The Speaker placed a call of the House. The call was satisfied. The question being: "Shall the House rescind its action in concurring in the Senate amendment to CSHB 58(FIN) am(efd fld)?" The roll was taken with the following result: SCS CSHB 58(FIN) Rescind Action in Concurring YEAS: 14 NAYS: 23 EXCUSED: 3 ABSENT: 0 1994-03-04 House Journal Page 2625 HB 58 Yeas: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Mackie, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis, Hoffman, Menard And so, the House failed to rescind its action. SCS CSHB 58(FIN) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS HB 337 Representative G.Davis added his name as cosponsor to: HOUSE BILL NO. 337 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers." HB 398 Representatives Mackie and Green added their names as cosponsors to: CS FOR HOUSE BILL NO. 398(RES) "An Act relating to conveyance of certain land to municipalities." ENGROSSMENT HB 454 CSHB 454(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-03-04 House Journal Page 2626 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Judiciary Committee MEETING TIME CHANGE Cap. 120 2:00 p.m., 3/4 Finance Committee MEETING TIME CHANGE Cap. 519 2:00 p.m., 3/4 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 7, 1994. There being no objection, the House adjourned at 1:26 p.m. Suzi Lowell Chief Clerk