Legislature(1993 - 1994)
1994-03-14 House Journal
Full Journal pdf1994-03-14 House Journal Page 2753 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday March 14, 1994 Sixty-fourth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:32 a.m. Roll call showed 38 members present. Representatives Finkelstein and Hanley were absent. The invocation was offered by the Chaplain, Major Virginia Gilman of the Salvation Army. Representative Menard moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Lord and Father of mankind, Forgive our foolish ways; Reclothe us in our rightful mind; In purer lives thy service find, In deeper reverence, praise. Lord, We realize today how much we need to rely on Your wisdom, for it far exceeds ours. And we thank You that You have promised to give us Your wisdom; all we need to do is to ask in faith, believing that You will grant our request. We thank You, too, that the wisdom that comes from You is pure, and peace-loving, considerate, and impartial, and sincere. (James 1:5, 3:17) 1 1994-03-14 House Journal Page 2754 Lord, You know the difficult decisions that we are called upon to make - You know that it is impossible to please all of the people all of the time. You know the pressures that our constituents place upon us regarding the issues that we must deal with, and You know the dilemmas we often find ourselves in, and so we pray for an extra measure of Your wisdom and understanding. We would ask for Your guidance, and we would ask for the strength of character to act and to do what we know is right, and in the best interests of the majority of the people we represent. We thank You, Lord, for Your patience with us, and we thank You for the help You give us day by day, and we thank You for watching over us as we go about our appointed tasks. May the words of the poet, John Greenleaf Whittier, be our prayer today: `Drop thy still dews of quietness Till all our strivings cease; Take from our souls the strain and stress, And let our ordered lives confess The beauty of thy peace.' In Your Holy name we pray, Amen." The Pledge of Allegiance was led by Representative Porter. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 61st, 62nd and 63rd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. 1994-03-14 House Journal Page 2755 COMMUNICATIONS The following special audit reports are on file in the Chief Clerk's office: Division of Legislative Audit Legislative Budget & Audit Committee (as required by AS 24.20.311) Alaska Code Revision Commission January 20, 1994 Dept. of Commerce & Economic Development Board of Dental Examiners February 5, 1994 Dept. of Environmental Conservation Oil and Hazardous Substance Release Response Fund January 10, 1994 REPORTS OF STANDING COMMITTEES HJR 59 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 59 Relating to reduction of wanton waste in North Pacific Ocean and Bering Sea fisheries. and recommends it be replaced with: CS FOR HOUSE JOINT RESOLUTION NO. 59(FSH) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (9): Hudson, Carney, Green, James, Finkelstein, Davies, Mulder, Bunde, Williams 1994-03-14 House Journal Page 2756 HJR 59 The following fiscal note applies to CSHJR 59(FSH): Zero fiscal note, House Special Committee on Fisheries, 3/2/94 HJR 59 was referred to the Rules Committee for placement on the calendar. HB 369 The State Affairs Committee has considered: HOUSE BILL NO. 369 "An Act relating to state leases and to state lease-purchase and lease-financing agreements, and repealing a legislative authorization previously given for acquisition of a facility through a lease-purchase agreement; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 369(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, Sanders, G.Davis No recommendation (1): Olberg The following fiscal notes apply to CSHB 369(STA): Zero fiscal note, Dept. of Revenue, 3/14/94 Zero fiscal note, Dept. of Administration, 3/14/94 Zero fiscal note, University of Alaska, 3/14/94 HB 369 was referred to the Finance Committee. **The presence of Representative Finkelstein was noted. 1994-03-14 House Journal Page 2757 HB 447 The Resources Committee has considered: HOUSE BILL NO. 447 "An Act establishing the Afognak Island State Park." and recommends it be replaced with: CS FOR HOUSE BILL NO. 447(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (9): Hudson, Carney, James, Finkelstein, Davies, Mulder, Bunde, Williams, Green The following fiscal notes apply to CSHB 447(RES): Fiscal note, Dept. of Natural Resources, 3/14/94 Zero fiscal note, Dept. of Public Safety, 2/4/94 Zero fiscal note, Dept. of Law, 2/4/94 HB 447 was referred to the Finance Committee. HB 450 The State Affairs Committee has considered: HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Sanders, G.Davis, Olberg No recommendation (1): Kott The following fiscal note applies to HB 450: 1994-03-14 House Journal Page 2758 HB 450 Zero fiscal note, House State Affairs Committee, 3/14/94 HB 450 was referred to the Finance Committee. HB 494 The State Affairs Committee has considered: HOUSE BILL NO. 494 "An Act changing the Alaska State Pension Investment Board to the Alaska Pension Investment Authority and relating to the authority; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 494(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Sanders, G.Davis, B.Davis No recommendation (2): Kott, Olberg The following fiscal notes apply to CSHB 494(STA): Fiscal note, Dept. of Revenue, 3/14/94 Zero fiscal note, Dept. of Administration, 3/14/94 HB 494 was referred to the Finance Committee. HB 512 The State Affairs Committee has considered: HOUSE BILL NO. 512 "An Act relating to the awarding of attorney fees and costs in civil actions to a prevailing party in a civil action in which the losing party is a public interest litigant; and amending Alaska Rules of Civil Procedure 79 and 82." 1994-03-14 House Journal Page 2759 HB 512 The report was signed by Representative Kott, Vice Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, Sanders, G.Davis, Olberg No recommendation (1): B.Davis The following fiscal notes apply to HB 512: Zero fiscal note, Dept. of Law, 3/14/94 Zero fiscal note, Dept. of Commerce & Economic Development, 3/14/94 HB 512 was referred to the Judiciary Committee. SB 33 The Community & Regional Affairs has considered: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (1): Toohey No recommendation (4): Bunde, Williams, Olberg, Sanders Amend (2): Davies, Willis A House Community & Regional Affairs Committee letter of intent for CSSB 33(FIN), signed by Representative Olberg, Chair, appears below: 1994-03-14 House Journal Page 2760 SB 33 "The House Community & Regional Affairs Committee considered CSSB 33(FIN) and recommends that the sponsor discuss with the Statewide LEPC Association and the Fire Chiefs the issue of a Fire Chief seat on the State Emergency Response Commission." The following fiscal notes apply to CSSB 33(FIN): Senate fiscal note, Senate Finance Committee/Dept. of Military & Veterans' Affairs, 2/18/94 Senate fiscal note, Dept. of Environmental Conservation, 1/24/94 CSSB 33(FIN) was referred to the Finance Committee. **The presence of Representative Hanley was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Virginia Espenshade, Smoky Bay Soroptimists' Women Helping Women Award By Representative Phillips Honoring - Layton and Lou Bennett By Representative Mackie; Senator Zharoff Honoring - Cherissa Evanoff By Senator Jacko; Representative Moses Honoring - Sgt. David Lancaster and Robert Brantley By Senator Leman Honoring - Annual EMS Awards Recipients By Senator Leman; Representative Barnes In Memoriam - Nina Agnes Lie By Senator Adams; Representatives MacLean, Foster In Memoriam - Goody Winther By Senator Taylor 1994-03-14 House Journal Page 2761 RECONSIDERATION SB 54 Representative Ulmer brought up reconsideration of the vote on the following: 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 Ulmer placed a call of the House. The Speaker stated that HCS CSSB 54(FIN) am H is in third reading on today's calendar (page 2732). The Speaker extended the call of the House to today's calendar. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 199 The following was read the second time: 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." with the: Journal Page -ZERO FISCAL NOTE (REV) 3/5/93 549 GOVERNOR'S TRANSMITTAL LETTER 549 O&G RPT CS(O&G) NEW TITLE 3DP 2NR 2312 -ZERO FISCAL NOTE (DNR) 2/9/94 2312 RES RPT CS(O&G) NEW TITLE 5DP 2NR 1AM 2543 -PREVIOUS ZERO FISCAL NOTE (DNR) 2/9/94 2543 FIN RPT CS(O&G) NEW TITLE 7DP 1AM 2713 -PREVIOUS ZERO FISCAL NOTE (DNR) 2/9/94 2714 1994-03-14 House Journal Page 2762 HB 199 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. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 2, line 23, after "AS38.05.005 - 38.05.040,": Insert "38.05.140(f)," Page 9, after line 15: Insert a new bill section to read: "* Sec. 4. AS 38.05.140(f) is amended to read: (f) The submerged and shoreland lying north of 57 degrees, 30 minutes north latitude and east of 159 degrees, 49 minutes west longitude within the Bristol Bay drainage are designated as the Bristol Bay Fisheries Reserve. Within the Bristol Bay Fisheries Reserve no surface entry permit to develop an oil or gas lease or oil and gas exploration license may be issued on state owned or controlled land until the legislature by appropriate resolution specifically finds that the entry will not constitute danger to the fishery." Renumber the following bill sections accordingly. Page 12, line 6: Delete "secs. 2 - 7" Insert "secs. 2 - 8" Page 12, line 7: Delete "Section 8" Insert "Section 9" 1994-03-14 House Journal Page 2763 HB 199 Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Green objected. Representative Brown moved and asked unanimous consent that CSHB 199(O&G) and all pending amendments be returned to the Finance Committee. Representative Phillips objected. The Speaker stated that the House would recess until 5:00 p.m., and so, the House recessed at 12:05 p.m. AFTER RECESS The House was called back to order at 5:15 p.m. SECOND READING OF HOUSE BILLS (continued) HB 199 CSHB 199(O&G) was again before the House. Representative Vezey rose to a point of order citing Section 388 of Mason's Manual regarding limiting debate to the motion before the body. The Speaker cautioned the member to proceed in order. The Speaker invoked Section 102 of Mason's Manual. The call was satisfied. The question being: "Shall CSHB 199((O&G) and all pending amendments be returned to the Finance Committee?" The roll was taken with the following result: 1994-03-14 House Journal Page 2764 HB 199 CSHB 199(O&G) Second Reading Return to Finance Committee with all pending amendments YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, 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 And so, the motion failed. Amendment No. 1 was again before the House. Objection to Amendment No. 1 was not maintained and so, it was adopted. Amendment No. 2 was offered by Representative Brown: Page 11, lines 26 - 28: Delete "proposed Competitive Oil and Gas Lease Sales 80, 87, and 88, as the area to be offered in each of those proposed competitive oil and gas lease sales" Insert "any area proposed for a competitive oil and gas lease sale that" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Green objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1994-03-14 House Journal Page 2765 HB 199 CSHB 199(O&G) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 26 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 6, lines 29 - 30: Delete "The regulations must provide for at least one period for that purpose during each calendar year." Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Green objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 3 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 1994-03-14 House Journal Page 2766 HB 199 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Brown: Page 7, line 20: Delete "and" Page 7, line 21, after "exploration license": Insert ", and (3) describe the process and procedures that will be used to solicit competitive sealed bids if more than one proposal was submitted for an area" Page 7, line 25, after "proposal": Insert "for an area" Page 8, lines 5 and 6: Delete ", to determine which prospective licensee should be issued the exploration license" Page 8, line 7, after "licensees": Insert "and the public" Representative Brown moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Green objected. Representative Ulmer moved and asked unanimous consent that the question be divided into two parts. 1994-03-14 House Journal Page 2767 HB 199 The Speaker ruled the question was divisible. There being no objection, Amendment No. 4 was divided into two parts. Amendment No. 4, Part A: Page 7, line 20: Delete "and" Page 7, line 21, after "exploration license": Insert ", and (3) describe the process and procedures that will be used to solicit competitive sealed bids if more than one proposal was submitted for an area" Page 7, line 25, after "proposal": Insert "for an area" Page 8, lines 5 and 6: Delete ", to determine which prospective licensee should be issued the exploration license" The question being: "Shall Amendment No. 4, Part A be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 4, Part A YEAS: 18 NAYS: 22 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, Amendment No. 4, Part A was not adopted. 1994-03-14 House Journal Page 2768 HB 199 Amendment No. 4, Part B: Page 8, line 7, after "licensees": Insert "and the public" There being no objection to Amendment No. 4, Part B, it was adopted. Amendment No. 5 was offered by Representative Brown: Page 3, following line 11: Insert a new subsection to read: "(e) The commissioner may not issue exploration licenses to a licensee so that, at any one time, the licensee holds exploration licenses on more than 1,000,000 acres." Page 3, line 29, after "cover": Insert ", subject to the maximum acreage limitation on exploration licenses by one licensee under AS38.05.131(e)," Representative Brown moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Green objected. Representative Grussendorf rose to a point of order stating that debate should be limited to the motion before the body. The Speaker cautioned the member to proceed in order. Amendment to Amendment No. 5 by Representative Navarre: In subsection (e), following "licenses on more than": Delete "1,000,000" Insert "2,000,000" Representative Navarre moved and asked unanimous consent that the amendment to Amendment No. 5 be adopted. There being no objection, the amendment to Amendment No. 5 was adopted. 1994-03-14 House Journal Page 2769 HB 199 There being no objection to Amendment No. 5 as amended, it was adopted. Amendment No. 6 was offered by Representative Brown: Page 3, line 29: Delete "not less than 20,000 acres and" Representative Brown moved and asked unanimous consent that Amendment No. 6 be adopted. Representative Green objected. The question being: "Shall Amendment No. 6 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 6 YEAS: 16 NAYS: 24 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Moses, Navarre, Nicholia, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Navarre changed from "Nay" to "Yea". And so, Amendment No. 6 was not adopted. 1994-03-14 House Journal Page 2770 HB 199 Amendment No. 7 was offered by Representative Brown: Page 3, lines 24 - 25: Delete "upon fulfillment of the work commitments contained in the exploration license" Insert "after drilling a well that is capable of producing oil or gas in paying quantities" Page 8, lines 18 - 19: Delete "the work commitment obligation set out in an oil and gas exploration license issued under AS 38.05.132 has been met" Insert "a well that is capable of producing oil or gas in paying quantities has been drilled within the exploration license area" Representative Brown moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Green objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 7 YEAS: 6 NAYS: 34 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf Nays: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, Amendment No. 7 was not adopted. 1994-03-14 House Journal Page 2771 HB 199 Amendment No. 8 was offered by Representative Brown: Page 8, line 27, after "production": Insert ", together with a cash bonus payable, or a fixed royalty share or net profit share reserved, to the state, as the commissioner may determine" Representative Brown moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Green objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 8 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, MacLean, Menard, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams And so, Amendment No. 8 was not adopted. 1994-03-14 House Journal Page 2772 HB 199 Amendment No. 9 was offered by Representative Brown: Page 11, lines 11 - 23: Delete all material. Renumber the following bill sections accordingly. Page 12, line 6: Delete "secs. 2 - 7" Insert "secs. 2 - 6" Page 12, line 7: Delete "Section 8" Insert "Section 7" Representative Brown moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Green objected. The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 9 YEAS: 13 NAYS: 27 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis 1994-03-14 House Journal Page 2773 HB 199 Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Brown: Page 3, lines 4 - 9: Delete all material. Reletter the following subsection accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Green objected. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 10 YEAS: 8 NAYS: 32 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Finkelstein, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams And so, Amendment No. 10 was not adopted. 1994-03-14 House Journal Page 2774 HB 199 Amendment No. 11 was offered by Representative Brown: Page 3, line 30: Delete "500,000 acres" Insert "100,000 acres" Representative Brown moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Green objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 11 YEAS: 10 NAYS: 30 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Sitton Nays: Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, Amendment No. 11 was not adopted. Amendment No. 12 was offered by Representative Brown: Page 2, line 26: Delete "land" Page 2, line 27: After "(1)" Insert "land" Delete "and" 1994-03-14 House Journal Page 2775 HB 199 Page 2, line 28, after "(2)": Insert "land" Page 3, line 3, after "Meridian": Insert "; and (3) tide and submerged lands" Representative Brown moved and asked unanimous consent that Amendment No. 12 be adopted. Representative Green objected. The question being: "Shall Amendment No. 12 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 12 YEAS: 11 NAYS: 29 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, B.Davis, Finkelstein, Grussendorf, Navarre, Nicholia, Nordlund, Ulmer, Willis Nays: Barnes, Brice, Bunde, Davies, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, Amendment No. 12 was not adopted. Amendment No. 13 was offered by Representative Brown: Page 1, line 1, through page 12, line 7: Delete all material and insert: "An Act relating to oil and gas leases." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: * Section 1. AS 38.05.140(c) is amended to read: 1994-03-14 House Journal Page 2776 HB 199 (c) A person may not take or hold at one time phosphate leases on state land exceeding in the aggregate 10,240 acres. A person may not take or hold sodium leases or permits during the life of sodium leases on state land exceeding in the aggregate acreage 5,120 acres, except that the commissioner may, where it is necessary in order to secure the economic mining of sodium compounds, permit a person to take or hold sodium leases or permits for up to 15,360 acres. A person may not take or hold at any one time oil or gas leases exceeding in the aggregate 750,000 [500,000] acres granted on tide and submerged land and 750,000 [500,000] acres on all land other than tide and submerged land, including leases held both as lessee and under option or operating agreement from others. Where more than a single person holds an interest in an oil or gas lease, each person shall be charged only with that percentage of the total acreage that [WHICH] corresponds to its percentage share of the total beneficial interest in the lease. * Sec. 2. AS 38.05.180(m) is amended to read: (m) An oil and gas lease must cover a reasonably compact area not exceeding 20,000 [5,760] acres, and may be for a maximum period of 10 years, except that the commissioner may issue a lease for a period not less than five years upon a finding that it is in the best interests of the state. An oil and gas lease shall be automatically extended if and for so long thereafter as oil or gas is produced in paying quantities from the lease or if the lease is committed to a unit approved by the commissioner. A lease issued under this section covering land on which there is a well capable of producing oil or gas in paying quantities does not expire because the lessee fails to produce oil or gas unless the lessee is allowed reasonable time to place the well on a producing status. Upon extension, the commissioner may increase lease rentals so long as the increased rental rate does not exceed 150 percent of the rate for the preceding year. If drilling has commenced on the expiration date of the primary term of the lease and is continued with reasonable diligence, including such operations as redrilling, sidetracking, or other means necessary to reach the originally proposed bottom hole location, the lease continues in effect until 90 days after drilling has ceased and for so long thereafter as oil or gas is produced in paying quantities. 1994-03-14 House Journal Page 2777 HB 199 An oil and gas lease issued under this section that [WHICH] is subject to termination by reason of cessation of production does not terminate if, within 60 days after production ceases, reworking or drilling operations are commenced on the land under lease and are thereafter conducted with reasonable diligence during the period of nonproduction." Representative Brown moved and asked unanimous consent that Amendment No. 13 be adopted. Representative Green objected. The question being: "Shall Amendment No. 13 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 13 YEAS: 5 NAYS: 35 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Finkelstein, Grussendorf Nays: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, Amendment No. 13 was not adopted. Amendment No. 14 was offered by Representative Brown: Page 1, lines 2 and 3 (title amendment): Delete "in certain areas of the state" Page 9, lines 12 - 15: Delete "In unproven areas the commissioner may offer additional incentives, including a reduction of royalty to a minimum of five 1994-03-14 House Journal Page 2778 HB 199 percent in the case of oil and gas, and other terms in and granting a permit or lease for exploration and development whenever it appears to be in the best interests of the state to do so." Insert "[IN UNPROVEN AREAS THE COMMISSIONER MAY OFFER ADDITIONAL INCENTIVES, INCLUDING A REDUCTION OF ROYALTY TO A MINIMUM OF FIVE PERCENT IN THE CASE OF OIL AND GAS, AND OTHER TERMS IN AND GRANTING PERMIT OR LEASE FOR EXPLORATION AND DEVELOPMENT WHENEVER IT APPEARS TO BE IN THE BEST INTERESTS OF THE STATE TO DO SO.]" Representative Brown moved and asked unanimous consent that Amendment No. 14 be adopted. Representative Green objected. The question being: "Shall Amendment No. 14 be adopted?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Amendment No. 14 YEAS: 15 NAYS: 25 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams And so, Amendment No. 14 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 199(O&G) am be considered engrossed, advanced to third reading and placed on final passage. 1994-03-14 House Journal Page 2779 HB 199 Representative Ulmer objected. The question being: "Shall CSHB 199(O&G) am be advanced to third reading on the same day?" The roll was taken with the following result: CSHB 199(O&G) am Second Reading Advance to Third Reading YEAS: 23 NAYS: 17 EXCUSED: 0 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, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis And so, lacking the necessary 30 votes, CSHB 199(O&G) am failed to advance and will be in third reading on tomorrow's calendar. HB 316 The following was read the second time: HOUSE BILL NO. 316 "An Act adopting the Uniform Statutory Rule Against Perpetuities; and providing for an effective date." with the: Journal Page JUD RPT 4DP 1NR 2570 -ZERO FISCAL NOTE (LAW) 3/2/94 2570 Representative Phillips moved and asked unanimous consent that HB 316 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. 1994-03-14 House Journal Page 2780 HB 316 HB 316 was read the third time. The question being: "Shall HB 316 pass the House?" The roll was taken with the following result: HB 316 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HB 316 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. HB 316 was referred to the Chief Clerk for engrossment. HB 339 The following was read the second time: HOUSE BILL NO. 339 "An Act relating to the use in public schools of historical documents without alteration or removal of religious or secular references when the references are a part of the text of the document; providing that the use of historical documents does not constitute the advocation of partisan, sectarian, or denominational doctrine; and providing that public school teachers and administrators may not be disciplined or otherwise acted against for using historical documents; requiring the Department of Education to distribute copies of the law; and providing for an effective date." 1994-03-14 House Journal Page 2781 HB 339 with the: Journal Page HES RPT 2DP 1DNP 3NR 2436 -ZERO FISCAL NOTE (DOE) 2/17/94 2437 JUD RPT CS(JUD) NEW TITLE 4DP 1NR 2674 -PREVIOUS ZERO FISCAL NOTE (DOE) 2/17/94 2674 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. 339(JUD) "An Act relating to the use of historical documents in public schools; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Kott: Page 1, line 11, after "effect": Delete "immediately under AS 01.10.070(c)" Insert "July 4, 1994" Representative Kott moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Navarre objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 339(JUD) Second Reading Amendment No. 1 YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 1994-03-14 House Journal Page 2782 HB 339 Yeas: Barnes, Brice, Bunde, B.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Willis Nays: Brown, Carney, Davidson, Davies, G.Davis, Grussendorf, Hoffman, Mackie, Navarre, Ulmer, Williams And so, Amendment No. 1 was adopted. Representative Phillips moved and asked unanimous consent that CSHB 339(JUD) (efd am) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The question being: "Shall CSHB 339(JUD) (efd am) be advanced to third reading on the same day?" The roll was taken with the following result: CSHB 339(JUD) (efd am) Second Reading Advance to Third Reading YEAS: 23 NAYS: 17 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer And so, lacking the necessary 30 votes, CSHB 339(JUD) (efd am) failed to advance and will be in third reading on tomorrow's calendar. HB 397 The following was read the second time: 1994-03-14 House Journal Page 2783 HB 397 SS 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." with the: Journal Page CRA RPT 4DP 1NR 2AM 2252 -ZERO FISCAL NOTE (DCRA) 2/4/94 2252 FIN RPT 6DP 2AM 2453 -PREVIOUS ZERO FISCAL NOTE (DCRA) 2/4/94 2453 RETURN TO FIN COMMITTEE 2485 FIN RPT CSSS(FIN) NEW TITLE 3DP 3NR 4AM 2638 -PREVIOUS ZERO FISCAL NOTE (DCRA) 2/4/94 2638 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 397(FIN) "An Act relating to the power to levy property taxes in second class cities." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Willis: Page 1, line 5, after "second class city may": Delete "[BY REFERENDUM]" Insert "by referendum" Representative Willis moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Olberg objected. 1994-03-14 House Journal Page 2784 HB 397 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSSHB 397(FIN) Second Reading Amendment No. 1 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Carney, Davidson, Davies, Finkelstein, Hanley, Larson, Martin, Menard, Navarre, Nordlund, Parnell, Sitton, Therriault, Toohey, Vezey, Willis Nays: Barnes, Brown, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Mackie, MacLean, Moses, Mulder, Nicholia, Olberg, Phillips, Porter, Sanders, Ulmer, Williams And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSSSHB 397(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSSHB 397(FIN) was read the third time. The question being: "Shall CSSSHB 397(FIN) pass the House?" The roll was taken with the following result: CSSSHB 397(FIN) Third Reading Final Passage YEAS: 29 NAYS: 11 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davidson, B.Davis, G.Davis, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Moses, Mulder, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams 1994-03-14 House Journal Page 2785 HB 397 Nays: Carney, Davies, Finkelstein, Hanley, Martin, Menard, Navarre, Parnell, Therriault, Vezey, Willis And so, CSSSHB 397(FIN) passed the House and was referred to the Chief Clerk for engrossment. HB 402 The following was read the second time: HOUSE BILL NO. 402 "An Act requiring that an owner's motor vehicle liability insurance policy used as proof of financial responsibility designate by description or appropriate reference the motor vehicles it covers; and providing for an effective date." with the: Journal Page STA RPT 2DP 4NR 2674 -2 ZERO FISCAL NOTES (DPS, DCED) 3/9/94 2675 Representative Phillips moved and asked unanimous consent that HB 402 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 402 was read the third time. The question being: "Shall HB 402 pass the House?" The roll was taken with the following result: HB 402 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-03-14 House Journal Page 2786 HB 402 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HB 402 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 Ulmer gave notice of reconsideration of her vote on HB 402. HB 403 The following was read the second time: HOUSE BILL NO. 403 "An Act requiring that automobile liability insurance include coverage for uninsured or underinsured motor vehicles and an offer of policy limits for that coverage equal to coverage voluntarily purchased for bodily injury or death; and providing for an effective date." with the: Journal Page L&C RPT 4DP 2NR 2494 -ZERO FISCAL NOTE (DCED) 2/23/94 2494 STA RPT 3DP 3NR 2675 -PREVIOUS ZERO FISCAL NOTE (DCED) 2/23 2676 Representative Phillips moved and asked unanimous consent that HB 403 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 403 was read the third time. The question being: "Shall HB 403 pass the House?" The roll was taken with the following result: 1994-03-14 House Journal Page 2787 HB 403 HB 403 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HB 403 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. HB 403 was referred to the Chief Clerk for engrossment. HB 421 The following was read the second time: HOUSE BILL NO. 421 "An Act authorizing grants for temporary housing assistance during emergencies and disasters." with the: Journal Page MLV RPT 4DP 2371 -ZERO FISCAL NOTE (DMVA) 2/14/94 2371 FIN RPT 6DP 4NR 2547 -PREVIOUS ZERO FISCAL NOTE (DMVA) 2/14 2547 Representative Phillips moved and asked unanimous consent that HB 421 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-03-14 House Journal Page 2788 HB 421 HB 421 was read the third time. The question being: "Shall HB 421 pass the House?" The roll was taken with the following result: HB 421 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HB 421 passed the House and was referred to the Chief Clerk for engrossment. HB 439 The following was read the second time: HOUSE BILL NO. 439 "An Act enacting the Uniform Fraudulent Transfer Act." with the: Journal Page L&C RPT 5DP 2575 -ZERO FISCAL NOTE (LAW) 3/2/94 2575 JUD RPT 3DP 2NR 2676 -PREVIOUS ZERO FISCAL NOTE (LAW) 3/2/94 2677 Representative Phillips moved and asked unanimous consent that HB 439 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 439 was read the third time. 1994-03-14 House Journal Page 2789 HB 439 The question being: "Shall HB 439 pass the House?" The roll was taken with the following result: HB 439 Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Davies changed from "Nay" to "Yea". And so, HB 439 passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF SENATE BILLS SB 54 The following, which had been held in third reading on reconsideration of the vote (page 2732), was again before the House: 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 Ulmer moved and asked unanimous consent that HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of rescinding action in adopting Amendment No. 2. Representative Bunde objected. 1994-03-14 House Journal Page 2790 ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 3/14 Minority Caucus upon recess, 3/14 The Speaker stated that the House would recess to a call of the Chair, and so, the House recessed at 9:31 p.m. AFTER RECESS The House was called back to order at 10:10 p.m. THIRD READING OF SENATE BILLS SB 54 The objection to the motion was not maintained, and so, HCS CSSB 54(FIN) am H was returned to second reading for the specific purpose of rescinding action in adopting Amendment No. 2. Representative Ulmer moved and asked unanimous consent that the House rescind its action in adopting Amendment No. 2 Objection was heard. The question being: "Shall the House rescind its action in adopting Amendment No. 2?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Second Reading Rescind Action in adopting Amendment No. 2 YEAS: 24 NAYS: 16 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, Larson, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis 1994-03-14 House Journal Page 2791 SB 54 Nays: Barnes, Bunde, Hanley, James, Kott, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey And so, the motion passed. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Second Reading Amendment No. 2 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Green, Hanley, James, Kott, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Larson, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Williams, Willis And so, Amendment No. 2 was not adopted. Representative Finkelstein moved and asked unanimous consent that HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 5. There being no objection, HCS CSSB 54(FIN) am H was returned to second reading. Amendment No. 5 was offered by Representative Finkelstein: Page 2, following line 24: Insert new bill sections to read: "* Sec. 2. AS 11.61.200(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the third degree if the person 1994-03-14 House Journal Page 2792 SB 54 (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory; (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory; (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon; (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body; (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable; (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable; (7) violates AS 11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body; (8) violates AS 11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued under AS 25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (9) communicates in person with another in violation of AS 11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a 1994-03-14 House Journal Page 2793 SB 54 felony or adjudicated a delinquent minor for conduct that would constitute a felony if committed by an adult by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; or (11) discharges a firearm from a propelled vehicle while the vehicle is being operated. * Sec. 3. AS 11.61.200(b) is amended to read: (b) It is an affirmative defense to a prosecution (1) under (a)(1) [, (2),] or (10) of this section that (A) [(1)] the person convicted of the prior offense on which the action is based received a pardon for that conviction; (B) [(2)] the underlying conviction upon which the action is based has been set aside under AS 12.55.085 or as a result of post-conviction proceedings; or (C) [(3)] a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense or adjudication of juvenile delinquency and the date of the violation of (a)(1) [, (2),] or (10) of this section, and the prior conviction or adjudication of juvenile delinquency did not result from a violation of AS 11.41 or of a similar law of the United States or of another state or territory; (2) under (a)(2) of this section that (A) the person convicted of the prior offense on which the action is based received a pardon for that conviction; (B) the underlying conviction upon which the action is based has been set aside under AS12.55.085 or as a result of post-conviction proceedings; or (C) a period of 10 years or more has elapsed between the date of the person's unconditional discharge on the prior offense and the date of the violation of (a)(2) of this section, and the prior conviction did not result from a violation of AS11.41 or of a similar law of the United States or of another state or territory." 1994-03-14 House Journal Page 2794 SB 54 Renumber the following bill sections accordingly. Representative Finkelstein moved and asked unanimous consent that Amendment No. 5 be adopted. Objection was heard. The question being: "Shall Amendment No. 5 be adopted?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Second Reading Amendment No. 5 YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Foster, MacLean, Martin Kott changed from "Nay" to "Yea". And so, Amendment No. 5 was adopted. Representative Hoffman moved and asked unanimous consent that HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6. Objection was heard. The question being: "Shall HCS CSSB 54(FIN) am H be returned to second reading for the specific purpose of considering Amendment No. 6?" The roll was taken with the following result: 1994-03-14 House Journal Page 2795 SB 54 HCS CSSB 54(FIN) am H--RECONSIDERATION Third Reading Return to Second for Amendment No. 6 YEAS: 19 NAYS: 21 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Mackie, Martin, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Navarre changed from "Nay" to "Yea". And so, the motion failed. The question to be reconsidered: "Shall HCS CSSB 54(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 54(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 3 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davidson, Hoffman, Nicholia And so, HCS CSSB 54(FIN) am H passed the House on reconsideration. 1994-03-14 House Journal Page 2796 SB 54 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. HCS CSSB 54(FIN) am H 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 - Chugiak Mustang Boys "C" Basketball Team Representatives Kott, Willis, Carney, B.Davis, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Sanders, Ulmer, Willis; Senators Halford, Phillips Honoring - Chugiak Mustang Girls "C" Basketball Team By Representatives Kott, Willis, Carney, B.Davis, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Sanders Ulmer, Willis; Senators Halford, Phillips Honoring - Chugiak Mustang Girls JV Basketball Team By Representatives Kott, Willis, Carney, B.Davis, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Sanders, Ulmer, Willis; Senators Halford, Phillips Honoring - Colony Lady Knights, Region Basketball Champions By Representatives Menard, Carney, Larson, B.Davis. James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Ulmer, Willis; Senators Kerttula, Halford Honoring - Colony Knights, Region Basketball Champions By Representatives Menard, Carney, Larson, B.Davis, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Ulmer, Willis; Senators Kerttula, Halford 1994-03-14 House Journal Page 2797 Honoring - Marge Campbell By Representatives Menard, Carney, Larson, B.Davis, James, Menard, Navarre, Nicholia, Ulmer, Willis; Senators Kerttula, Halford Honoring - The Denali Center Opening By Representatives Brice, James, Therriault, Vezey, Davies, Sitton, B.Davis, James, Mackie, Menard, Mulder, Navarre, Nicholia, Ulmer, Willis; Senators Miller, Sharp, Frank Honoring - Ron Rust, 1993 Alaska School Bus Rodeo Winner By Representatives Phillips, B.Davis, G.Davis, James, Mackie, Menard, Mulder, Navarre, Nicholia, Ulmer, Vezey, Willis Honoring - Mountain View Elementary School D.A.R.E. Graduates By Senator Salo; Representatives Navarre, Brown, B.Davis, G.Davis, James, Mackie, MacLean, Menard, Mulder, Nicholia, Ulmer, Willis Honoring - Tusumena Elemenatary School Elementary Knowledge Master Open Champions By Senator Little; Representatives G.Davis, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Ulmer, Willis Honoring - Roald Amundsen, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, Foster, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Louis Applegate, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Gilbert Avila, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis 1994-03-14 House Journal Page 2798 Honoring - Jess G. Bachner, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - Darrel "Bud" Bellar, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - Albert R. "Bob" Chamberlain, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - David S. Cochran, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Chauncey C. Coleman, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips. Sanders, Ulmer, Willis Honoring - Red Dodge, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, Foster, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - F. Atlee Dodge, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, Foster, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Howard Fowler, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis 1994-03-14 House Journal Page 2799 Honoring - Ward Gay, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, Foster, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - George Grant, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Charles Gray, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - Dale Greninger, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Robert L. Hanson, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Robert P. Hillard, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Robert Hoffman, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - James T. Hutchison, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Sanders, Ulmer, Willis 1994-03-14 House Journal Page 2800 Honoring - James R. "Bob" Long, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, Foster, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Wilbur "Willie" Johnson, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Roland Moody, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Richard Pastro, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - George Powell, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - LaVerne P. "Fuzz" Rogers, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Bud Seltenreich, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, Foster, James, MacLean, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - Bernard L. Sherwood, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, MacLean, Menard, Mulder, Phillips, Sanders, Ulmer, Willis 1994-03-14 House Journal Page 2801 Honoring - Buell Smith, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Emitt Soldin, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Warren O. Tilman, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Clarence "Slim" Walston, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - C.E. "Slim" Walters, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Toohey, Ulmer, Willis Honoring - Thomas H. Wardleigh, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Kenneth Wren, 1994 Recipient of the Charles Taylor "Master Mechanic" Award By Senators Halford, Phillips; Representatives Barnes, Bunde, B.Davis, James, Menard, Mulder, Phillips, Sanders, Ulmer, Willis Honoring - Edward "Eddie" Hopson Sr. By Senator Adams; Representativse MacLean, B.Davis, Foster, James, Mackie, Menard, Navarre, Nicholia, Phillips, Ulmer, Willis 1994-03-14 House Journal Page 2802 Honoring - Richard S. Armstrong, P.E., 1993 Engineer of the Year By Senator Leman; Representatives Green, Brice, Davies, B.Davis, James, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Toohey, Ulmer, Willis Honoring - Family Child Care Week By Senator Leman; Representatives Bunde, B.Davis, James, Menard, Mulder, Navarre, Nicholia, Toohey, Ulmer, Willis Honoring - Eugene Mockerman By Senator Kerttula; Representatives B.Davis, James, MacLean, Menard, Nicholia, Ulmer, Willis Honoring - Ruby Schmidtbauer, For Outstanding Community Service By Representatives Phillips, B.Davis, James, Menard, Mulder, Navarre, Nicholia, Ulmer, Willis In Memoriam - Bertha Adsuna By Representatives Foster, B.Davis, James, Mackie, MacLean, Menard, Nicholia, Ulmer, Willis In Memoriam - Raymond E. Langton By Representatives Foster, Brice, B.Davis, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Ulmer, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Brice - from 6:30 a.m., March 30 to 8:00 p.m., plane time, April 4, 1994 Representative Kott - from 8:00 p.m., March 18 to 7:00 p.m., plane time, March 20, 1994 Representative Therriault - from 6:30 a.m., April 1 to 10:00 a.m., plane time, April 5, 1994 1994-03-14 House Journal Page 2803 Representative Ulmer - after adjournment, March 14 to 8:00 p.m., plane time, March 15, 1994 There being no objection, it was so ordered. HB 49 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 49(FIN) am "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." HB 145 Representative Nicholia added her 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 339 Representative Green added his name as cosponsor to: CS FOR HOUSE BILL NO. 339(JUD) (efd am) "An Act relating to the use of historical documents in public schools; and providing for an effective date." SCR 15 Representative Navarre added his name as cross-sponsor to: SENATE CONCURRENT RESOLUTION NO. 15 Relating to the twenty-eighth annual Boys' State. SCR 17 Representatives Nicholia and Navarre added their names as cross- sponsors to: 1994-03-14 House Journal Page 2804 SCR 17 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. SJR 17 Representative Navarre added his name as cross-sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 17(JUD) Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. SB 252 Representatives B.Davis and Kott added their names as cross-sponsors to: CS FOR SENATE BILL NO. 252(JUD) "An Act prohibiting the possession of child pornography." ENGROSSMENT HB 316 HB 316 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 397 CSSSHB 397(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 403 HB 403 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 421 HB 421 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-03-14 House Journal Page 2805 HB 439 HB 439 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 54 HCS CSSB 54(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ANNOUNCEMENTS House committee schedules are published daily under separate cover. House Finance Cap. 519 1:30 p.m., 3/15 Committee Meeting 8:30 a.m. meeting RESCHEDULED House Finance Sub- Cap. 519 8:00 a.m., 3/15 committee Meeting on Department of Health & Social Services 7:30 a.m. meeting RESCHEDULED ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 15, 1994. There being no objection, the House adjourned at 10:40 p.m. Suzi Lowell Chief Clerk