Legislature(1993 - 1994)
1994-03-07 House Journal
Full Journal pdf1994-03-07 House Journal Page 2633 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 7, 1994 Fifty-seventh Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:07 a.m. Roll call showed 37 members present. Representatives Green and Parnell had been previously excused from a call of the House today. Representative Davidson was absent. The invocation was offered by the Chaplain, Joel Orelove of the Juneau Jewish Community. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Grant us peace, Your most precious gift, O Eternal Source of peace, and give us the will to proclaim its message to all the peoples of the earth. Bless our country, that it may always be a stronghold of peace, and its advocate among the nations. May contentment reign within its borders, health and happiness within its homes. Strengthen the bonds of friendship among the inhabitants of all lands, and may the love of Your name hallow every home and every heart. Blessed is the Eternal God, the Source of peace. Amen." The Pledge of Allegiance was led by Representative Mackie. 1 1994-03-07 House Journal Page 2634 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 54th, 55th and 56th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HB 88 A message dated March 4, 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. 88(RLS) am S "An Act establishing May 1 as Family Day and the month of May as Preservation of the Family Month; and relating to the prevention of child abuse and neglect in the family." Chapter No. 4, SLA 1994 Effective Date: June 2, 1994 SJR 29 The following letter, dated March 4, 1994, was received: "Dear Speaker Barnes: I have signed the following resolution and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: HOUSE COMMITTEE SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 29 (TRA) am H Relating to federal efforts to require the use of motorcycle helmets in Alaska Legislative Resolve No. 20 This Resolution objects to the federal mandate that requires every state to enact a statute requiring all motorcyclists to wear helmets. 1994-03-07 House Journal Page 2635 SJR 29 The penalty for failure to enact such legislation is the transfer of federal highway construction funds to the 402 safety program with Alaska's Department of Public Safety. SJR 29 clearly expresses the majority view of the Alaska Legislature, which opposed congressional mandates that infringe on a state's right to manage its internal affairs. Philosophically I agree with the Legislature, however, I have recommended compliance with the congressional mandate in this case because of the serious financial impact noncompliance will have on Alaska's highway construction program. If the State of Alaska does not have a universally applied helmet law in effect by October 1, 1994, it will be forced to transfer approximately $5.6 million from FY 95 federal highway funds for capital improvement projects to the 402 Safety Program. Alaska has already transferred $2.7 million in capital improvements in FY 94. The state will lose an additional $5.6 million capital improvement funding in FY 96 and an amount equal to three percent of apportioned funds thereafter each year the state does not have a mandatory helmet law. This shifting of millions of dollars in federal highway construction funding to a relatively small safety program is a significant loss to Alaska's need to upgrade and extend its highway system. Safe, modern highways save lives, increase productivity and improve mobility perhaps as much as a safety program. Sincerely, /s/ Walter J. Hickel Governor" COMMUNICATIONS The following report is on file in the Chief Clerk's office: 1994-03-07 House Journal Page 2636 Dept. of Commerce & Economic Development Alaska Railroad Corporation Five Year Revenue and Capital Spending Plan 1993 Update (as required by AS 42.40.290(b)) REPORTS OF STANDING COMMITTEES The Judiciary Committee has considered the following appointments: Ethel Staton as a member of the Board of Governors of the Alaska Bar; Jeffrey Feldman as a member of the Commission on Judicial Conduct; Janice Leinhart as a member of the Judicial Council; and, Robert Congdon Laurie Dahms as members of the Violent Crimes Compensation Board. The reports reflected that there were no stated objections regarding confirmation of the named individuals; however, this does not necessarily indicate an intention of a committee member to vote for or against the individual named at the time of the joint session on confirmation. The reports were signed by Representative Porter, Chair, and Representatives Phillips, Kott, James and Green. 1994-03-07 House Journal Page 2637 HB 49 The Finance Committee has considered: HOUSE BILL NO. 49 "An Act relating to facsimile absentee ballot application and facsimile absentee voting." and recommends it be replaced with: CS FOR HOUSE BILL NO. 49(FIN) "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (5): MacLean, Therriault, Hanley, Parnell, Martin No recommendation (3): Navarre, Larson, Foster The following fiscal note applies to CSHB 49(FIN): Fiscal note, Office of the Governor, 3/7/94 HB 49 was referred to the Rules Committee for placement on the calendar. HB 373 The State Affairs has considered: HOUSE BILL NO. 373 "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; 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, Olberg, Ulmer 1994-03-07 House Journal Page 2638 HB 373 The following fiscal note applies to HB 373: Zero fiscal note, Dept. of Revenue, 3/7/94 HB 373 was referred to the Finance Committee. HB 397 The Finance Committee has again considered: SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397 "An Act relating to the power to levy property taxes in second class cities and to combining a property tax and incorporation question." and recommends it be replaced with: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) "An Act relating to the power to levy property taxes in second class cities." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Grussendorf, Foster No recommendation (3): Larson, Navarre, Brown Amend (4): Hanley, Martin, Parnell, Therriault The following fiscal note applies to CSSSHB 397(FIN): Zero fiscal note, Dept. of Community & Regional Affairs, 2/4/94 SSHB 397 was referred to the Rules Committee for placement on the calendar. HB 400 The State Affairs Committee has considered: 1994-03-07 House Journal Page 2639 HB 400 HOUSE BILL NO. 400 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (2): Vezey, Kott No recommendation (3): G.Davis, Olberg, Ulmer The following fiscal note applies to HB 400: Fiscal note, Dept. of Revenue, 3/7/94 HB 400 was referred to the Finance Committee. HB 406 The Finance Committee has considered: HOUSE BILL NO. 406 "An Act relating to municipal sales and use taxes involving air carriers; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 406(FIN) "An Act relating to municipal taxes and fees on the air transportation of individuals or goods by federally certificated air carriers; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): Larson, Foster No recommendation (7): MacLean, Hanley, Martin, Parnell, Navarre, Brown, Therriault 1994-03-07 House Journal Page 2640 HB 406 The following fiscal notes apply to CSHB 406(FIN): Fiscal note, Dept. of Community & Regional Affairs for municipalities, 3/7/94 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/7/94 Zero fiscal note, Dept. of Revenue, 2/15/94 Zero fiscal note, Dept. of Community & Regional Affairs, 2/15/94 HB 406 was referred to the Rules Committee for placement on the calendar. HB 418 The Judiciary Committee has considered: HOUSE BILL NO. 418 "An Act extending the termination date of the Board of Parole; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, Kott, James, Porter, Nordlund, Davidson The following fiscal note applies to HB 418: Zero fiscal note, Dept. of Corrections, 2/18/94 HB 418 was referred to the Finance Committee. HB 483 The State Affairs Committee has considered: HOUSE BILL NO. 483 "An Act relating to payment of permanent fund dividends of certain individuals who have been absent from the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 483(STA): (same title) 1994-03-07 House Journal Page 2641 HB 483 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (1): Kott No recommendation (4): Vezey, G.Davis, Olberg, Ulmer The following fiscal note applies to CSHB 483(STA): Zero fiscal note, Dept. of Revenue, 3/7/94 HB 483 was referred to the Finance Committee. SB 151 The Resources Committee has considered: SENATE BILL NO. 151 "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 151(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Green, James, Mulder, Bunde, Williams The following fiscal notes apply to HCS SB 151(RES): Zero fiscal note, Dept. of Revenue, 3/7/94 Zero fiscal note, Dept. of Natural Resources, 2/2/94 SB 151 was referred to the Judiciary Committee. 1994-03-07 House Journal Page 2642 SB 239 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 239(O&G) "An Act relating to evidence of financial responsibility provided by persons who conduct oil operations; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, James, Porter No recommendation (2): Nordlund, Davidson The following fiscal note applies to CSSB 239(O&G): Senate zero fiscal note, Dept. of Environmental Conservation, 2/4/94 CSSB 239(O&G) was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 496 The House Special Committee on Fisheries has considered: HOUSE BILL NO. 496 "An Act relating to sport fish guides; and providing for an effective date." and recommends it be replaced with: COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 496(FSH) (same title) The report was signed by Representative Moses, Chair, with the following individual recommendations: Do pass (3): Moses, Phillips, Olberg 1994-03-07 House Journal Page 2643 HB 496 No recommendation (1) Davidson The following fiscal note applies to CSHB 496(FSH): Fiscal note, Dept. of Fish & Game, 3/7/94 HB 496 was referred to the Resources Committee. HB 504 The House Special Committee on Military & Veterans' Affairs has considered: HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." The report was signed by Representative Mulder, Co-chair, with the following individual recommendations: Do pass (4): Mulder, Willis, Kott, Foster The following fiscal note applies to HB 504: Zero fiscal note, Dept. of Revenue, 3/7/94 HB 504 was referred to the State Affairs Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Margaret Guldseth, 1993 Homer Chamber of Commerce Citizen of the Year By Representative Phillips Honoring - Aleutians East Borough's Community Health Aid Program By Representatives Toohey, Moses Honoring - Mavis Blazy-Lancaster, Soldotna Chamber of Commerce 1994-03-07 House Journal Page 2644 1993 Person of the Year By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Soldotna High School Boys Swim Team By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Tom Mears, Soldotna Chamber of Commerce, Special Service Award By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Bill and Maxine Bullington, Soldotna Chamber of Commerce, 1993 Volunteers of the Year By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Vern Gehrke, Soldotna Chamber of Commerce, Devoted Service to Young People Award By Representatives G.Davis, Phillips,Navarre; Senators Little, Salo Honoring - Kenai River King Salmon Fund, Soldotna Chamber of Commerce Community and Civic Affairs Award By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Management and Staff of the Peninsula Clarion, Soldotna Chamber of Commerce Business People of the Year By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Soldotna Rotary Club, Soldotna Chamber of Commerce Community and Civic Affairs Award By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Marlene Byerly, Soldotna Chamber of Commerce Excellence in Profession Award By Representatives G.Davis, Phillips, Navarre; Senators Little, Salo Honoring - Erin Cline, Homer Chamber of Commerce, 1993 Outstanding Contribution by a Young Person By Representative Phillips Honoring - Eagle Quality Center, Homer Chamber of Commerce, 1994 Outstanding Community Service by a Business By Representative Phillips 1994-03-07 House Journal Page 2645 Honoring - Kachemak Heritage Land Trust, Homer Chamber of Commerce, 1993 Outstanding Non-profit Organization By Representative Phillips Honoring - Homer High School Mariner Bands By Representative Phillips Honoring - Central Peninsula Crime Stoppers in Celebration of Their Tenth Anniversary By Representatives Phillips, G.Davis Honoring - Steve Dean and Kevin Roscoe, Bronze Medalists, Olympic Ice Sculpture Championship By Representative Brice In Memoriam - Terris Moore By Representatives Phillips, Davies INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 519 HOUSE BILL NO. 519 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the establishment, collection, and enforcement of an employment tax; and providing for an effective date." was read the first time and referred to the Labor & Commerce, State Affairs and Finance Committees. The following fiscal notes apply: Fiscal note, Dept. of Administration, 3/7/94 Fiscal note, Dept. of Commerce & Economic Development, 3/7/94 Fiscal note, Dept. of Labor, 3/7/94 Fiscal note, Dept. of Revenue, 3/7/94 Zero fiscal note, Dept. of Administration, 3/7/94 Zero fiscal note, Dept. of Community & Regional Affairs, 3/7/94 1994-03-07 House Journal Page 2646 HB 519 Zero fiscal note, Dept. of Corrections, 3/7/94 Zero fiscal note, Dept. of Environmental Conservation, 3/7/94 Zero fiscal note, Department of Health & Social Services, 3/7/94 Zero fiscal note, Dept. of Law, 3/7/94 Zero fiscal note, Dept. of Military & Veterans Affairs, 3/7/94 Zero fiscal note, Dept. of Natural Resources, 3/7/94 Zero fiscal note, Dept. of Public Safety, 3/794 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/7/94 The Governor's transmittal letter, dated March 7, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill instituting an employment tax of $100 per year on individuals working in Alaska. This employment tax bill is one of several relatively modest revenue proposals I am offering this session to help offset the large revenue shortfalls that Alaska is facing in fiscal year 1995 and will be facing in the years to follow. Tax proposals are never popular, but it is time for Alaska's leaders to face the reality that with lower oil revenue, Alaska can no longer afford to provide necessary state services without a larger contribution from both Alaska residents and non-resident workers. Budget cuts alone cannot fill the revenue shortfalls without causing a major impact on the state economy. Some use of the state's reserve funds will undoubtedly be necessary to help balance the budget, but relying solely on reserves to make ends meet will deplete these funds rapidly and leave the state in a more serious fiscal situation two to three years from now. Relying on reserve funds to solve this year's fiscal dilemma would be the easy way out, but our leadership responsibilities require state leaders to make some tough decisions, and to reach a fiscal solution that does not solve this year's problem at the expense of aggravating Alaska's future fiscal health. New revenue is an essential part of this solution. 1994-03-07 House Journal Page 2647 HB 519 It is important to keep in mind that if the employment tax and the other proposals that I have introduced are all enacted into law, Alaskans will still have by far the lowest state tax burden in the nation. And when the permanent fund dividend is included, Alaskans will still on balance pay nothing for state services, because the dividend will continue to more than offset the total of state taxes and fees collected from individuals. The employment tax would be levied on individuals age 19 and older working in Alaska, whether employed by others or self-employed. At $100 per year, the tax is expected to generate about $31 million annually, with about 25 percent of the total tax collections contributed by non-resident workers. Remittance of the employment tax withheld by employers would be streamlined by linking the remittance with the other payroll taxes that employers are required to report and remit to the state. In addition, the bill contains a provision to minimize the burden of the tax by spreading the collection of the tax over more than one paycheck for low-wage or part-time workers. In summary, the employment tax is a modest revenue measure that will help balance the state budget not only in fiscal year 1995, but in the following years as well. I urge your support for this legislation. Sincerely, /s/ Walter J. Hickel Governor" CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 333 The following was read the second time: 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." 1994-03-07 House Journal Page 2648 HB 333 with the: Journal Page RES RPT CS(RES) 6DP 1NR 2340 -ZERO FISCAL NOTE (DNR) 2/11/94 2341 FIN REFERRAL WAIVED 2585 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. 333(RES) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 333(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 333(RES) was read the third time. The question being: "Shall CSHB 333(RES) pass the House?" The roll was taken with the following result: CSHB 333(RES) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 2 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Parnell Absent: Davidson, Nordlund, Sitton And so, CSHB 333(RES) passed the House. 1994-03-07 House Journal Page 2649 HB 333 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 Ulmer later gave notice of reconsideration of her vote on CSHB 333(RES) and the reconsideration was taken up then. HB 394 The following was read the second time: HOUSE BILL NO. 394 "An Act relating to limited partnerships; and providing for an effective date." with the: Journal Page L&C RPT 5DP 2NR 2252 -ZERO FISCAL NOTE (DCED) 2/4/94 2252 STA RPT 5DP 1NR 2517 -PREVIOUS ZERO FISCAL NOTE (DCED) 2/4/94 2518 FIN REFERRAL WAIVED 2586 Representative Phillips moved and asked unanimous consent that HB 394 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 394 was read the third time. The question being: "Shall HB 394 pass the House?" The roll was taken with the following result: HB 394 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 1994-03-07 House Journal Page 2650 HB 394 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Parnell Absent: Davidson And so, HB 394 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. HB 394 was referred to the Chief Clerk for engrossment. **The presence of Representative Davidson was noted. RECONSIDERATION SB 54 Representative Phillips moved and asked unanimous consent that reconsideration (page 2620) of the following be held until March 11, 1994: HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H "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." Representative Brown objected and then withdrew her objection. There being no further objection, HCS CSSB 54(FIN) am H will be available for reconsideration March 11, 1994. 1994-03-07 House Journal Page 2651 CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF HOUSE RESOLUTIONS HCR 26 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 26 Declaring 1994 to be the year of Vancouver. with the: Journal Page TRA RPT 4DP 2368 -ZERO FISCAL NOTE (H.TRA) 2/14/94 2368 The question being: "Shall HCR 26 pass the House?" The roll was taken with the following result: HCR 26 Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Parnell Absent: Menard And so, HCR 26 passed the House and was referred to the Chief Clerk for engrossment. 1994-03-07 House Journal Page 2652 HCR 27 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children. with the: Journal Page STA RPT 6DP 2568 -ZERO FISCAL NOTE (DOE) 3/2/94 2568 Amendment No. 1 was offered by Representative Davies: Page 2, line 15: Delete "implement" Insert "consider implementation of" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCR 27 Second Reading Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer Nays: Barnes, Brice, Bunde, G.Davis, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis 1994-03-07 House Journal Page 2653 HCR 27 Excused: Green, Parnell And so, Amendment No. 1 was not adopted. The question being: "Shall HCR 27 pass the House?" The roll was taken with the following result: HCR 27 Second Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Parnell And so, HCR 27 passed the House and was referred to the Chief Clerk for engrossment. HJR 55 The following was read the second time: HOUSE JOINT RESOLUTION NO. 55 Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest. with the: Journal Page RES RPT CS(RES) 5DP 1DNP 1NR 2568 -ZERO FISCAL NOTE (H.RES) 3/2/94 2569 1994-03-07 House Journal Page 2654 HJR 55 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Ulmer: Page 3, line 20: Delete "increase" Insert "stabilize" Page 3, line 21, following "forest": Insert "in order to assure a long term, stable timber industry" Page 3, line 25: Delete "possible under current law" Insert "which is compatible with other uses of the Tongass, like fishing, tourism, subsistence, mining and recreation" Page 3, line 28: Delete "under current law" Insert "which is compatible with other uses of the Tongass, like fishing, tourism, subsistence, mining and recreation" Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Williams objected. 1994-03-07 House Journal Page 2655 HJR 55 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHJR 55(RES) Second Reading Amendment No. 1 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Brown, Davidson, Davies, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Green, Parnell And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Finkelstein: Page 3, after line 18, insert: "FURTHER RESOLVED that the Alaska State Legislature requests the United States Department of Agriculture, Forest Service, to manage the Tongass National Forest in order to provide maximum opportunity for timber harvest, recreation, fisheries, tourism, and other multiple uses." Page 3, line 28, after "harvest" insert: ", recreation, fisheries, tourism, and other multiple uses" Representative Finkelstein moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Williams objected. 1994-03-07 House Journal Page 2656 HJR 55 The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHJR 55(RES) Second Reading Amendment No. 2 YEAS: 12 NAYS: 26 EXCUSED: 2 ABSENT: 0 Yeas: Brown, Davidson, Davies, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Green, Parnell And so, Amendment No. 2 was not adopted. Representative Phillips moved and asked unanimous consent that CSHJR 55(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 55(RES) was read the third time. The question being: "Shall CSHJR 55(RES) pass the House?" The roll was taken with the following result: CSHJR 55(RES) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 2 ABSENT: 2 1994-03-07 House Journal Page 2657 HJR 55 Yeas: Barnes, Bunde, Carney, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein Excused: Green, Parnell Absent: Brice, Davidson Ulmer changed from "Nay" to "Yea". And so, CSHJR 55(RES) passed the House. Representative Navarre gave notice of reconsideration of his vote on CSHJR 55(RES). RECONSIDERATION HB 333 Representative Ulmer gave notice of reconsideration of her vote on CSHB 333(RES). Representative Ulmer moved and asked unanimous consent that the reconsideration of CSHB 333(RES) be taken up on the same day. There being no objection, it was so ordered. CSHB 333(RES) was again before the House in third reading. The question to be reconsidered: "Shall CSHB 333(RES) pass the House?" The roll was taken with the following result: CSHB 333(RES)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 1994-03-07 House Journal Page 2658 HB 333 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Green, Parnell Absent: Davidson And so, CSHB 333(RES) 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 333(RES) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS (continued) HJR 56 The following was read the second time: HOUSE JOINT RESOLUTION NO. 56 Relating to an exemption for federal lands in Alaska from the federal PACFISH management strategy. with the: Journal Page RES RPT CS(RES) 6DP 1NR 2569 -ZERO FISCAL NOTE (DCED) 3/2/94 2569 1994-03-07 House Journal Page 2659 HJR 56 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: CS FOR HOUSE JOINT RESOLUTION NO. 56(RES) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHJR 56(RES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHJR 56(RES) was read the third time. The question being: "Shall CSHJR 56(RES) pass the House?" The roll was taken with the following result: CSHJR 56(RES) Third Reading Final Passage YEAS: 32 NAYS: 4 EXCUSED: 2 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Navarre Excused: Green, Parnell Absent: Davidson, Hoffman And so, CSHJR 56(RES) passed the House. Representative Nordlund gave notice of reconsideration of his vote on CSHJR 56(RES). 1994-03-07 House Journal Page 2660 RECONSIDERATION HJR 55 Representative Bunde moved and asked unanimous consent that the reconsideration of the following be taken up on the same day: CS FOR HOUSE JOINT RESOLUTION NO. 55(RES) Relating to the importance to the economy of Southeast Alaska of continued timber harvests on the Tongass National Forest. Representative Navarre objected. Representative Bunde moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 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 - Michael R. Chmielewski, Alaska Counselor of the Year By Representatives Menard, Carney, Larson, Brice, Bunde, Davies, Green, James, Mackie, MacLean, Navarre, Nicholia, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Jeffrey D. Trotter, Alaska Vocational Teacher of the Year By Representatives Menard, Carney, Larson, Brice, Bunde, Davies, Green, James, Mackie, MacLean, Navarre, Nicholia, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - LaVon Barve, 1994 Yukon Quest Winner By Representatives Menard, Davies, Carney, Larson, Barnes, Brice, Bunde, Green, Hanley, James, Mackie, MacLean, Mulder, Navarre, Nicholia, Nordlund, Phillips, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Leonard Nugen By Representatives Menard, Carney, Larson, Barnes, James, MacLean, Navarre, Nicholia, Toohey, Ulmer, Willis; Senators Kerttula, Halford 1994-03-07 House Journal Page 2661 Commemorating - The Twentieth Anniversary of the Alaska Folk Festival By Representatives Ulmer, Hudson, Brown, Davies, Grussendorf, James, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Toohey, Willis; Senator Duncan In Memoriam - Jeremiah C. Harrington By Representatives Mulder, Barnes, Foster, James, Martin, Menard, Nicholia, Nordlund, Phillips In Memoriam - William "Wild Bill" Fenderson By Representatives Brice, Davies, Foster, James, Menard, Nicholia, Sitton, Vezey, Willis In Memoriam - Josiah William "Joe" Knox Sr. By Representatives Davies, Brice, Sitton, Therriault, Vezey, Foster, James, Menard, Nicholia, Willis; Senator Frank In Memoriam - Florence H. Brindle By Senator Taylor; Representatives Williams, Foster, James, Mackie, Menard, Mulder, 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 Mackie - from 10:00 a.m. to 6:30 p.m., plane time, March 11, 1994 Representative Sanders - from 7:00 p.m., March 25 to 10:00 a.m., plane time, March 28, 1994 Representative Olberg - from 10:00 a.m., March 30 to 7:00 p.m., plane time, April 4, 1994 Representative Ulmer - from 7:00 p.m., March 7 to 8:00 p.m., March 10, 1994 There being no objection, it was so ordered. 1994-03-07 House Journal Page 2662 HB 440 The Speaker added a referral to the State Affairs Committee to precede the Finance Committee referral for: HOUSE BILL NO. 440 "An Act relating to business licenses; and providing for an effective date." HB 440 is currently in the Labor & Commerce Committee. HB 477 The Speaker added a referral to the State Affairs Committee to precede the Finance Committee referral for: HOUSE BILL NO. 477 "An Act increasing the amount of local contributions that may be made to a city or borough school district under the foundation formula; and providing for an effective date." HB 477 is currently in the Health, Education & Social Services Committee. HCR 27 Representative Kott added his name as cosponsor to: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children. HB 154 Representative Therriault added his name as cosponsor to: HOUSE BILL NO. 154 "An Act establishing a woman's right to know certain medical facts related to the woman's safety before an abortion is performed." 1994-03-07 House Journal Page 2663 HB 333 Representative Therriault added his name as cosponsor to: CS FOR HOUSE BILL NO. 333(RES) "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." SB 54 Representative Hanley added his name as cross-sponsor to: HCS FOR CS FOR SENATE BILL NO. 54(FIN) am H "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." ENGROSSMENT HCR 26 HCR 26 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HCR 27 HCR 27 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 306 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. 306(RES) "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." 1994-03-07 House Journal Page 2664 HB 333 CSHB 333(RES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 394 HB 394 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 398 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. 398(RES) "An Act relating to conveyance of certain land to municipalities." ANNOUNCEMENTS House committee schedules are published daily under separate cover. JOINT SESSION House Chamber 11:00 a.m., 3/9 consider HSCR 3 & confirmation of Ombudsman ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 9, 1994. There being no objection, the House adjourned at 1:04 p.m. Suzi Lowell Chief Clerk