Legislature(1993 - 1994)
1994-03-11 House Journal
Full Journal pdf1994-03-11 House Journal Page 2709 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday March 11, 1994 Sixty-first Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:15 a.m. Roll call showed 35 members present. Representative Menard had been previously excused from a call of the House today. Representative Hoffman, who had been previously excused from a call of the House today until 10:00 a.m., plane time, was delayed due to weather conditions. Representative Navarre was excused due to a family emergency. Representatives Davidson and Moses were absent. The invocation was offered by the Chaplain, Joel Orelove of the Juneau Jewish Community. Representative Vezey moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "This is a prayer that was invoked here many years ago by Maurice Danny Plotnik, known affectionately as `Danny'. It was about this time of the year - people had ferry reservations pending, budgets were not balanced and political caucuses were meeting and `unmeeting'. Danny, who was the only person ever voted official Chaplain by this body, came in, meditated for a moment, looked around the body, and in pure utter despair and purity of heart, spread out his hands, looked up to heaven, and gave the shortest prayer ever invoked, which I will do now, in this body: `HELP!' Amen" 1 1994-03-11 House Journal Page 2710 The Pledge of Allegiance was led by Representative Carney. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 59th and 60th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A letter dated March 9, 1994, was read stating that the Governor withdraws the following name from legislative confirmation of appointment to the position noted. The Speaker had referred the following to the Health, Education & Social Services Committee (page 2299): Board of Barbers & Hairdressers Karen L. Cleek - Juneau A message dated March 10, 1994, was read stating that, in accordance with AS 39.05.080 and Article III, sections 25 and 26, of the Alaska Constitution, the Governor submits the following names for legislative confirmation of appointment to the positions noted: The following appointment was referred to the Health, Education & Social Services Committee: Board of Chiropractic Examiners Virginia C. Phillips - Sitka Appointed: 3/7/94; Expires 7/15/94 The following appointment was referred to the State Affairs Committee: Alaska Public Offices Commission (APOC) James I. Adams - Nome Appointed: 3/7/94; Expires: 2/1/99 A resume for each appointment was submitted to the Chief Clerk. 1994-03-11 House Journal Page 2711 MESSAGES FROM THE SENATE HB 69 A message dated March 9, 1994, was read stating the Senate has passed CSHB 69(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." CSHB 69(FIN) is under Unfinished Business. Messages dated March 10 and 11, 1994, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 13 SENATE CONCURRENT RESOLUTION NO. 13 by Senators Sharp, Miller, Frank, Taylor, Pearce, Leman, Kerttula, Zharoff, Ellis, Kelly, Phillips, Donley, Halford, Lincoln, Little and Duncan: Relating to the Gold Rush Centennial Decade. was read the first time and referred to the Resources Committee. SCR 15 SENATE CONCURRENT RESOLUTION NO. 15 by Senators Phillips, Leman, Rieger, Ellis, Kerttula, Duncan, Lincoln, Donley, Halford, Taylor, Sharp, Pearce and Kelly: Relating to the twenty-eighth annual Boys' State. was read the first time and referred to the State Affairs Committee. 1994-03-11 House Journal Page 2712 SCR 17 CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) am by the Senate State Affairs Committee: Honoring Alaskan Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway. was read the first time and referred to the State Affairs Committee. SJR 17 CS FOR SENATE JOINT RESOLUTION NO. 17(JUD) by the Senate Judiciary Committee: Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. was read the first time and referred to the Rules Committee. SJR 46 CS FOR SENATE JOINT RESOLUTION NO. 46(STA) by the Senate State Affairs Committee: Requesting the United States Congress to provide a waiver for nontaxable diesel fuel sold in Alaska from the requirement that it contain a dye additive. was read the first time and referred to the State Affairs Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 252 CS FOR SENATE BILL NO. 252(JUD) by the Senate Judiciary Committee, entitled: "An Act prohibiting the possession of child pornography." was read the first time and referred to the Judiciary Committee. 1994-03-11 House Journal Page 2713 REPORTS OF STANDING COMMITTEES The Judiciary Committee has considered the following appointment: Bruce Botelho as Attorney General for the State of Alaska. The report reflected that there were no stated objections regarding confirmation of the named individual; 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 report was signed by Representative Porter, Chair, and Representatives Phillips, Kott, Davidson, James, Green and Nordlund. HB 199 The Finance Committee has considered: HOUSE BILL NO. 199 "An Act providing for oil and gas exploration licenses, and oil and gas leases, in certain areas of the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 199(O&G) "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses, and to oil and gas leases in certain areas of the state; and providing for an effective date." The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (7): Larson, Hanley, Martin, Parnell, Therriault, Foster, MacLean Amend (1): Brown 1994-03-11 House Journal Page 2714 HB 199 The following fiscal note applies to CSHB 199(O&G): Zero fiscal note, Dept. of Natural Resources, 2/9/94 HB 199 was referred to the Rules Committee for placement on the calendar. HB 300 The Judiciary Committee has considered: HOUSE BILL NO. 300 "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 300(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, James, Porter No recommendation (1): Nordlund The following fiscal note applies to CSHB 300(JUD): Zero fiscal note, Dept. of Administration, 2/28/94 HB 300 was referred to the Finance Committee. HB 334 The Judiciary Committee has considered: HOUSE BILL NO. 334 "An Act relating to criminal sentencing; and relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions." 1994-03-11 House Journal Page 2715 HB 334 and recommends it be replaced with: CS FOR HOUSE BILL NO. 334(JUD) "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (1): Porter Do not pass (1): Davidson No recommendation (4): Kott, James, Phillips, Nordlund The following fiscal note applies to CSHB 334(JUD): Fiscal note, Dept. of Corrections, 3/11/94 HB 334 was referred to the Finance Committee. HB 353 The Labor & Commerce Committee has considered: HOUSE BILL NO. 353 "An Act repealing the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act." and recommends it be replaced with: 1994-03-11 House Journal Page 2716 HB 353 CS FOR HOUSE BILL NO. 353(L&C) "An Act amending the requirement of an annual audit of the receipts and expenditures applicable to certain property managed under the Horizontal Property Regimes Act to one that permits the making of an audit, and providing, in place of the audit requirement, that condominium associations subject to that Act maintain their financial records to the standards for financial statements required by the Uniform Common Interest Ownership Act." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (4): Porter, Sitton, Mackie, Hudson No recommendation (3): Mulder, Williams, Green The following fiscal note applies to CSHB 353(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/11/94 HB 353 was referred to the State Affairs Committee. HB 367 The Transportation Committee has considered: HOUSE BILL NO. 367 "An Act relating to the control of outdoor advertising." and recommends it be replaced with: CS FOR HOUSE BILL NO. 367(TRA) "An Act relating to limitations on outdoor advertising signs, displays, and devices and penalties for violations related to outdoor advertising." The report was signed by Representative Foster, Chair, with the following individual recommendations: 1994-03-11 House Journal Page 2717 HB 367 Do pass (4): Vezey, G.Davis, Hudson, Foster No recommendation (1): Mulder The following fiscal note applies to CSHB 367(TRA): Zero fiscal note, Dept. of Transportation & Public Facilities, 3/11/94 HB 367 was referred to the Judiciary Committee. HB 381 The Labor & Commerce Committee has considered: HOUSE BILL NO. 381 "An Act relating to the commercial fishing revolving loan fund and the fisheries enhancement revolving loan fund; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 381(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Williams, Hudson No recommendation (5): Porter, Mulder, Mackie, Sitton, Green A House Labor & Commerce Committee letter of intent for CSHB 381(L&C), signed by Representative Hudson, Chair, appears below: "It is the intent of the House Labor & Commerce Committee that the Division of Investments exercise particular care in forecasting loan demand in order to fully accommodate all new commercial fishing lending needs that arise from the modification of the commercial fishing loan program by the Eighteenth Alaska State Legislature. It is further the intent of the House Labor & Commerce Committee that use of the Commercial Fisheries Revolving Loan Fund for loans for 1994-03-11 House Journal Page 2718 HB 381 refinancing purposes succeed all other commercial fishing lending needs in priority. Finally, it is the House Labor & Commerce Committee's intent that transfers of excess funds from the Commercial Fisheries Revolving Loan Fund be permitted only after commercial fishing loan needs, including any anticipated loans for purchase of Individual Fishing Quotas, have been met." The following fiscal note applies to CSHB 381(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 3/11/94 HB 381 was referred to the Finance Committee. HB 407 The State Affairs Committee has considered: HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates." and recommends it be replaced with: CS FOR HOUSE BILL NO. 407(STA) "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Vezey, G.Davis, Olberg No recommendation (3): Kott, Sanders, B.Davis The following fiscal note applies to CSHB 407(STA): Fiscal note, Dept. of Public Safety, 3/11/94 HB 407 was referred to the Finance Committee. 1994-03-11 House Journal Page 2719 HB 459 The State Affairs Committee has considered: HOUSE BILL NO. 459 "An Act relating to liquidated damages and attorney fees for minimum wage and overtime compensation claims." and recommends it be replaced with: CS FOR HOUSE BILL NO. 459(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Vezey, Kott, Olberg No recommendation (3): Sanders, G.Davis, B.Davis The following fiscal notes apply to CSHB 459(STA): Zero fiscal note, Dept. of Law, 3/11/94 Zero fiscal note, Dept. of Labor, 2/23/94 HB 459 was referred to the Judiciary Committee. HB 468 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 468 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): Toohey, B.Davis, Nicholia, Bunde Do not pass (2): Vezey, Olberg 1994-03-11 House Journal Page 2720 No recommendation (1): G.Davis HB 468 The following fiscal note applies to HB 468: Zero fiscal note, Dept. of Administration, 3/11/94 HB 468 was referred to the Finance Committee. HB 489 The State Affairs Committee has considered: HOUSE BILL NO. 489 "An Act repealing the state requirement to provide overtime compensation and relating to liquidated damages for unpaid minimum wages." The report was signed by Representative Kott, Vice Chair, with the following individual recommendations: Do pass (2): Vezey, Olberg Do not pass (1): B.Davis No recommendation (3): Kott, Sanders, G.Davis The following fiscal note applies to HB 489: Zero fiscal note, Dept. of Labor, 3/11/94 HB 489 was referred to the Labor & Commerce Committee. HB 506 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 506 "An Act relating to student loans; to sanctions for defaulting on a student loan, including denial of a state occupational license or disbursement of state money; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 506(HES) (same title) 1994-03-11 House Journal Page 2721 HB 506 The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): G.Davis, Bunde, Toohey No recommendation (4): Vezey, Olberg, Nicholia, Kott Amend (2): B.Davis, Brice The following fiscal notes apply to CSHB 506(HES): Fiscal note, Dept. of Commerce & Economic Development, 3/11/94 Zero fiscal note, Dept. of Education, 3/11/94 HB 506 was referred to the Labor & Commerce Committee. HB 507 The Labor & Commerce 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 Hudson, Chair, with the following individual recommendations: Do pass (1): Hudson No recommendation (5): Porter, Sitton, Mackie, Mulder, Green 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 Finance Committee. 1994-03-11 House Journal Page 2722 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Chugiak Mustang Boys "C" Basketball Team Representatives Kott, Willis, Carney; Senators Halford, Phillips Honoring - Chugiak Mustang Girls "C" Basketball Team By Representatives Kott, Willis, Carney; Senators Halford, Phillips Honoring - Chugiak Mustang Girls JV Basketball Team By Representatives Kott, Willis, Carney; Senators Halford, Phillips Honoring - Colony Lady Knights, Region Basketball Champions By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Colony Knights, Region Basketball Champions By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Marge Campbell By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - The Denali Center Opening By Representatives Brice, James, Therriault, Vezey, Davies, Sitton; Senators Miller, Sharp, Frank Honoring - Ron Rust, 1993 Alaska School Bus Rodeo Winner By Representative Phillips Honoring - Ruby Schmidtbauer for Outstanding Community Service By Representative Phillips Honoring - Mountain View Elementary School D.A.R.E. Graduates By Senator Salo Honoring - Tusumena Elemenatary School Elementary Knowledge Master Open Champions By Senator Little 1994-03-11 House Journal Page 2723 Honoring - Roald Amundsen, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Louis Applegate, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Gilbert Avila, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Jess G. Bachner, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Darrel "Bud" Bellar, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Albert R. "Bob" Chamberlain, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - David S. Cochran, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Chauncey C. Coleman, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Red Dodge, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - F. Atlee Dodge, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes 1994-03-11 House Journal Page 2724 Honoring - Howard Fowler, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Ward Gay, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - George Grant, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Charles Gray, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Dale Greninger, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Robert L. Hanson, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Robert P. Hillard, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Robert Hoffman, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - James T. Hutchison, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - James R. "Bob" Long, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes 1994-03-11 House Journal Page 2725 Honoring - Wilbur "Willie" Johnson, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Roland Moody, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Richard Pastro, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - George Powell, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - LaVerne P. "Fuzz" Rogers, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Bud Seltenreich, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Bernard L. Sherwood, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Buell Smith, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Emitt Soldin, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Warren O. Tilman, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes 1994-03-11 House Journal Page 2726 Honoring - Clarence "Slim" Walston, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - C.E. "Slim" Walters, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Thomas H. Wardleigh, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Kenneth Wren, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representative Barnes Honoring - Edward "Eddie" Hopson Sr. By Senator Adams; Representative MacLean Honoring - Richard S. Armstrong, P.E., 1993 Engineer of the Year By Senator Leman; Representative Green Honoring - Family Child Care Week By Senator Leman Honoring - Eugene Mockerman By Senator Kerttula In Memoriam - Bertha Adsuna By Representative Foster In Memoriam - Raymond E. Langton By Representative Foster INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 529 HOUSE BILL NO. 529 by the House Finance Committee, entitled: 1994-03-11 House Journal Page 2727 HB 529 "An Act amending the medical assistance and community developmental disabilities grants appropriations in sec. 38, Ch. 65, SLA 1993; and providing for an effective date." was read the first time and referred to the Finance Committee. HB 530 HOUSE BILL NO. 530 by the House Rules Committee by request of the Governor, entitled: "An Act relating to certain study, publication, and reporting requirements by and to state agencies; relating to certain fees for reports; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. The following fiscal notes apply: Zero fiscal notes (5), Dept. of Administration, 3/11/94 Zero fiscal notes (2), Dept. of Commerce & Economic Development, 3/11/94 Zero fiscal notes (2), Dept. of Education, 3/11/94 Zero fiscal notes (2), Dept. of Public Safety, 3/11/94 Zero fiscal note, Dept. of Environmental Conservation, 3/11/94 Zero fiscal note, Dept. of Natural Resources, 3/11/94 Zero fiscal note, Dept. of Military & Veterans' Affairs, 3/11/94 Zero fiscal note, Dept. of Revenue, 3/11/94 Zero fiscal note, Dept. of Transportation & Public Facilities, 3/11/94 The Governor's transmittal letter, dated March 11, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to certain study, publication, and reporting requirements by and to state agencies. The bill would eliminate certain reports and amend the frequency with which other reports are required to be made. The bill also relates to certain fees for reports by and to certain state agencies. 1994-03-11 House Journal Page 2728 HB 530 The bill would streamline the administration of state government by repealing the requirement for certain reports that study has revealed are unnecessary or duplicative. Additional efficiencies can be gained by changing the mandatory reporting period for certain other reports from annual to biennial in specified situations. All of these changes are primarily designed as cost-saving or efficiency measures. None of the changes would reduce the flow of information necessary to the effective execution of governmental responsibilities or the monitoring of executive branch activities by the legislature or the public. Finally, some of the reports duplicate information already submitted as part of the state budget process. Savings will result through more efficient use of state personnel formerly assigned to the production of these reports. This bill is good for efficient government, and I urge your consid- eration and support of it. Sincerely, /s/ Walter J. Hickel Governor" HB 531 HOUSE BILL NO. 531 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the existence and functions of certain multimember state bodies, including boards, councils, commissions, associations, or authorities; and providing for an effective date." was read the first time and referred to the State Affairs Committee. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Commerce & Economic Development, 3/11/94 Zero fiscal notes (2), Dept. of Education, 3/11/94 Zero fiscal note, Dept. of Community & Regional Affairs, 3/11/94 Zero fiscal note, Dept. of Corrections, 3/11/94 Zero fiscal note, Dept. of Natural Resources, 3/11/94 1994-03-11 House Journal Page 2729 HB 531 The Governor's transmittal letter, dated March 11, 1994, appears below: "Dear Speaker Barnes: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to the existence and functions of certain multimember state bodies, including boards, councils, commissions, associations, or authorities. The bill contains several proposals recommended by my Administration to eliminate certain multimember state bodies, including the milk advisory board, the Alaska School Activities Association, the Steering Council for Alaska Lands, the Rural Affairs Commission, the Governor's Commission on the Involvement of Young People in Government, the Yukon-Taiya Commission, and the environmental advisory board. Several of these bodies have not been funded by the legislature, have not met in a number of years, or do not have members appointed. Also, the State Museum Collections Advisory Committee is proposed for deletion as an efficiency measure. The functions of the committee to oversee collection acquisitions can be adequately handled by Department of Education staff. It is good public policy to delete references to these bodies in the statutes since they are, in essence, not functioning bodies or their duties can be absorbed by other state agencies as a cost-saving or efficiency measure. The bill additionally clarifies the parole board's authority to delegate to a single member of the board the authority to establish special conditions of mandatory parole. This will expressly authorize the parole board to continue its longstanding past practice of not noticing and convening a full board meeting to save costs of operation of the parole system. Finally, the bill amends the Alaska Labor Relations Agency's authority to select arbitrators in railroad labor relations cases. The bill sets out the role of the agency in designating arbitrators. This clarification should make the appointment process easier and more cost effective for the agency to administer. 1994-03-11 House Journal Page 2730 HB 531 This bill represents a step forward in eliminating certain multimember state bodies as an efficiency measure or to reduce the size or costs of state government. I urge your support of this important bill. Sincerely, /s/ Walter J. Hickel Governor" UNFINISHED BUSINESS HB 69 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 2711) on the following at this time: CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." and SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 69(FIN), thus adopting SCS CSHB 69(RLS) am S, and recommended that the members vote no. The question being: "Shall the House concur in the Senate amendment to CSHB 69(FIN)?" The roll was taken with the following result: 1994-03-11 House Journal Page 2731 HB 69 SCS CSHB 69(RLS) am S Concur YEAS: 3 NAYS: 32 EXCUSED: 3 ABSENT: 2 Yeas: Brown, Carney, Finkelstein Nays: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Hoffman, Menard, Navarre Absent: Davidson, Moses Hudson changed from "Yea" to "Nay". G.Davis changed from "Yea" to "Nay". Bunde changed from "Yea" to "Nay". And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 69(RLS) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Phillips, Chair Representative Barnes Representative Ulmer 1994-03-11 House Journal Page 2732 RECONSIDERATION SB 54 Representative Phillips brought up reconsideration of the vote on HCS CSSB 54(FIN) am H (page 2650), which had been held on reconsideration to today. The following was again before the House in third reading: 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 Phillips moved and asked unanimous consent that HCS CSSB 54(FIN) am H be held until March 14, 1994. There being no objection, it was so ordered. HB 331 Representative Toohey brought up reconsideration of the vote on HB 331 (page 2696). The following was again before the House in third reading: HOUSE BILL NO. 331 "An Act relating to claims on permanent fund dividends for defaulted public assistance overpayments." Representative Toohey moved and asked unanimous consent that HB 331 be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, HB 331 was returned to second reading. Amendment No. 1 was offered by Representative Toohey: Page 2, line 29: Delete "current or" 1994-03-11 House Journal Page 2733 HB 331 Representative Toohey moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. The question to be reconsidered: "Shall HB 331 am pass the House?" The roll was taken with the following result: HB 331 am--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 1 EXCUSED: 3 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davies Excused: Hoffman, Menard, Navarre Absent: Davidson, Moses And so, HB 331 am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 49 The following was read the second time: HOUSE BILL NO. 49 "An Act relating to facsimile absentee ballot application and facsimile absentee voting." 1994-03-11 House Journal Page 2734 HB 49 with the: Journal Page STA RPT CS(STA) NEW TITLE 1DP 1DNP 5NR 541 -FISCAL NOTE (GOV) 3/5/93 541 JUD RPT CS(JUD) NEW TITLE 4DP 1NR 1A 2236 -FISCAL NOTE (GOV) 2/3/94 2236 FIN RPT CS(FIN) NEW TITLE 5DP 3NR 2637 -FISCAL NOTE (GOV) 3/7/94 2637 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. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Foster and Ulmer: Page 4, line 25, through page 5, line 1: Delete all material. Renumber the following section accordingly. Representative Foster moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Parnell objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 49(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 17 EXCUSED: 3 ABSENT: 3 1994-03-11 House Journal Page 2735 HB 49 Yeas: Brice, Brown, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hudson, Mackie, MacLean, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Hanley, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Hoffman, Menard, Navarre Absent: Davidson, Moses, Nicholia And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that Representative Nicholia be excused from a call of the House today due to illness. There being no objection, it was so ordered. The Speaker placed a call of the House. **The presence of Representatives Davidson and Moses was noted. Amendment No. 2 was offered by Representatives Foster and Ulmer: Page 4, line 29, following "transmission": Delete "; and" Insert "." Page 4, line 30 through page 5, line 1: Delete all material. Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, Amendment No. 2 was adopted. 1994-03-11 House Journal Page 2736 HB 49 Representative Phillips moved and asked unanimous consent that CSHB 49(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 49(FIN) am was read the third time. The call was satisfied. The question being: "Shall CSHB 49 (FIN) am pass the House?" The roll was taken with the following result: CSHB 49(FIN) am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Hoffman, Menard, Navarre, Nicholia And so, CSHB 49(FIN) am 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. CSHB 49(FIN) am was referred to the Chief Clerk for engrossment. HB 406 The following was read the second time: HOUSE BILL NO. 406 "An Act relating to municipal sales and use taxes involving air carriers; and providing for an effective date." 1994-03-11 House Journal Page 2737 HB 406 with the: Journal Page STA RPT 4DP 1NR 2405 -2 ZERO FISCAL NOTES (REV, DCRA) 2/15/94 2406 FIN RPT CS(FIN) NEW TITLE 2DP 7NR 2639 -FISCAL NOTE (DCRA/MUNI) 3/7/94 2640 -ZERO FISCAL NOTE (DOT) 3/7/94 2640 -2 PREVIOUS ZERO FNS (REV,DCRA) 2/15/94 2640 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. 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." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 406(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 406(FIN) was read the third time. The question being: "Shall CSHB 406(FIN) pass the House?" The roll was taken with the following result: CSHB 406(FIN) Third Reading Final Passage YEAS: 35 NAYS: 0 EXCUSED: 4 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-03-11 House Journal Page 2738 HB 406 Excused: Hoffman, Menard, Navarre, Nicholia Absent: Grussendorf And so, CSHB 406(FIN) 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. CSHB 406(FIN) was referred to the Chief Clerk for engrossment. HB 260 The following was read the second time: HOUSE BILL NO. 260 "An Act relating to the membership of the Alaska Chilkat Bald Eagle Preserve Advisory Council." with the: Journal Page RES RPT 8DP 1076 -ZERO FISCAL NOTE (DNR) 4/7/93 1077 FIN RPT 6DP 4NR 2602 -ZERO FISCAL NOTE (DNR) 3/4/94 2602 Representative Phillips moved and asked unanimous consent that HB 260 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 260 was read the third time. The question being: "Shall HB 260 pass the House?" The roll was taken with the following result: HB 260 Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 4 ABSENT: 0 1994-03-11 House Journal Page 2739 HB 260 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Hoffman, Menard, Navarre, Nicholia Brice changed from "Nay" to "Yea". And so, HB 260 passed the House and was referred to the Chief Clerk for engrossment. 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 - Alaska Seafood Marketing Institute By Representatives Ulmer, Hudson, Brown, Davidson, B.Davis, Grussendorf, Hanley, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Sitton, Toohey, Willis; Senator Duncan Honoring - Private 1st Class Gerd D. Schroeder, Soldier of the Year By Representatives Vezey, Barnes, Brice, Davies, B.Davis, Foster, Green, Hanley, James, MacLean, Menard, Mulder, Navarre, Parnell, Phillips, Sitton, Willis Honoring - Staff Sergeant Robert A. Vansant, NCO of the Year By Representatives Vezey, Barnes, Brice, Davies, B.Davis, Foster, Green, James, MacLean, Menard, Mulder, Navarre, Parnell, Phillips, Sitton, Willis Honoring - Coach Paul Brauneis, Chugiak High School Hockey Coach By Representatives Kott, Willis, Carney, B.Davis, Green, James, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Willis; Senators Halford, Phillips 1994-03-11 House Journal Page 2740 Honoring - Dimond High School Football Team, Coaches-Managers- Cheerleaders By Representatives Hanley, B.Davis, Green, James, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Toohey, Willis Honoring - Sidney Huntington By Representatives Nicholia, Bunde, Davidson, Davies, B.Davis, Foster, Grussendorf, James, MacLean, Menard, Navarre, Phillips, Sitton, Toohey Vezey, Willis Honoring - Deborah Deaton By Representatives Nicholia, Davidson, B.Davis, James, Menard, Phillips, Willis Honoring - Shannon Erhart By Representatives Nicholia, Bunde, B.Davis, James, MacLean, Menard, Phillips, Willis Honoring - Thelma Saunders By Representatives Nicholia, B.Davis, James, MacLean, Menard, Phillips, Willis Celebrating - Kenai Public Library, 45 Years of Service By Representatives Navarre, G.Davis, Phillips, Davies, B.Davis, Green, James, Menard, Mulder, Nicholia, Toohey, Willis; Senators Salo, Little Honoring - The Kenai Kardinals, the 1993 Northern Lights Football Champions By Representatives Navarre, G.Davis, Phillips, B.Davis, Green, James, MacLean, Menard, Mulder, Nicholia, Parnell, Toohey Willis; Senators Little, Salo UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Therriault - from 7:00 p.m., March 18 to 10:00 a.m., plane time, March 21, 1994 Representative Vezey - from 7:00 p.m., April 8 to 10:00 a.m., plane time, April 12, 1994 1994-03-11 House Journal Page 2741 Representative Williams - from 7:00 a.m., March 12 to 10:00 p.m., plane time, March 13, 1994 Representative Willis - from 4:30 p.m., March 31 to 9:00 p.m., plane time, April 4, 1994 Representative Nicholia - from 6:30 a.m., March 14 to 10:00 p.m., plane time, March 20, 1994 (amended from page 2557) There being no objection, it was so ordered. A letter dated March 10, 1994, from Speaker Barnes and President Halford, was sent to Walter J. Hickel, Governor of Alaska, stating that on March 9, 1994, the Joint Session had confirmed Stuart C. Hall as Ombudsman. HB 515 The Speaker waived the Community & Regional Affairs Committee referral on the following at the request of Representative Olberg, Chair: HOUSE BILL NO. 515 "An Act relating to the management of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents; and providing for an effective date." HB 515 was sent to the Resources Committee. HJR 11 Representative James added her name as cosponsor to: HOUSE JOINT RESOLUTION NO. 11 Proposing an amendment to the Constitution of the State of Alaska relating to repeal of regulations by the legislature. 1994-03-11 House Journal Page 2742 HJR 54 Representative B.Davis withdrew her name as prime sponsor and added her name as first co-sponsor; and, Representative Kott withdrew his name as first co-sponsor and added his name as prime sponsor to: HOUSE JOINT RESOLUTION NO. 54 Relating to medical savings account legislation. HB 11 Representative Navarre added his name as cosponsor to: HOUSE BILL NO. 11 "An Act relating to the crime of terroristic threatening." HB 69 Representative Navarre added his name as cosponsor to: CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." HB 145 Representative Navarre added his name as cosponsor to: HOUSE BILL NO. 145 "An Act requiring pay equity for certain public employees and requiring the compensation of certain public employees based on the value of work performed." HB 477 Representative Hudson added his name as cosponsor to: 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." 1994-03-11 House Journal Page 2743 SCR 17 Representative Larson added his name as cross-sponsor to: CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) am Honoring Alaskan Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway. ENGROSSMENT EO 88 The House did not disapprove the following executive order within 60 days. The order was transmitted to the Office of the Governor and becomes effective on a date designated by him. Transferring the responsibility for establishing an adventure-based education program from the Department of Community & Regional Affairs to the Department of Health & Social Services. EO 90 The House did not disapprove the following executive order within 60 days. The order was transmitted to the Office of the Governor and becomes effective on a date designated by him. Moving the Alaska Science and Technology Foundation from the Department of Revenue to the Department of Commerce & Economic Development, and transferring the duties of the science and engineering advisory commission to the Alaska Science and Technology Foundation. HB 49 CSHB 49(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 260 HB 260 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-03-11 House Journal Page 2744 HB 277 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. 277(JUD) "An Act relating to public employers defending and indemnifying public employees and former public employees with respect to claims arising out of conduct that is within the scope of employment." HB 331 HB 331 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 406 CSHB 406(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT & ENROLLMENT HSCR 3 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., March 11, 1994: SS FOR HOUSE SPECIAL CONCURRENT RESOLUTION NO. 3 Disapproving Executive Order No. 89. ENROLLMENT HB 58 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 11:00 a.m., March 11, 1994: 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." 1994-03-11 House Journal Page 2745 ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., March 14, 1994. There being no objection, the House adjourned at 11:35 a.m. Suzi Lowell Chief Clerk