Legislature(1993 - 1994)
1994-03-29 House Journal
Full Journal pdf1994-03-29 House Journal Page 3033 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday March 29, 1994 Seventy-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:54 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Associate Pastor Dave Snyder of the Lighthouse Baptist Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Dear Heavenly Father, I thank You for another beautiful day which You have given to us. I also thank You for another day to serve You. I pray that as the House and Senate meet jointly today that You would bless in all of the events of the day. I pray that all events during the session will go smoothly, and that You would give guidance, direction, and wisdom to each one who is here today. Thank You again for the day which You've given to us. Help us, Lord, to do Your will. In Jesus' name I pray, Amen." The Pledge of Allegiance was led by Representative Hudson. 1 1994-03-29 House Journal Page 3034 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 78th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. The Speaker ordered the House at ease to allow members of the Senate to enter the House Chamber. JOINT SESSION IN THE HOUSE Speaker Barnes called the House to order and, in accordance with the Uniform Rules, turned the gavel over to President Halford who called the joint session to order at 11:06 a.m. The purpose of the joint session was to hear the State of the Judiciary address by the Honorable Daniel A. Moore, Jr., Chief Justice of the Alaska Supreme Court. Senator Taylor moved and asked unanimous consent that the roll call of the Senate be waived and all members be shown as present. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the roll call of the House be waived and all members be shown as present. There being no objection, it was so ordered. President Halford appointed Representative Grussendorf and Senator Miller to escort the Chief Justice to the joint session. The Senate Sergeant-at-Arms announced the Chief Justice's entrance into the House Chamber. Chief Justice Moore was escorted to the rostrum and welcomed by President Halford. Chief Justice Moore introduced Justice Jay Rabinowitz, Justice Warren Matthews and Justice Alexander Bryner, pro tem. 1994-03-29 House Journal Page 3035 Chief Justice Moore's address appears in Senate & House Joint Journal Supplement No. 17. Chief Justice Moore received a standing ovation and was escorted from the Chamber by Representative Grussendorf and Senator Miller. Senator Taylor moved and asked unanimous consent that the joint session adjourn. There being no objection, President Halford adjourned the joint session at 11:27 a.m. The Speaker ordered the House at ease to allow members of the Senate to leave the Chamber. IN THE HOUSE The Speaker called the House back to order at 11:29 a.m. and stated that, without objection, the House would recess until 6:00 p.m. And so, the House recessed at 11:30 a.m. AFTER RECESS The House was called back to order at 6:39 p.m. Roll call showed 39 members present. Representative Larson was absent. MESSAGES FROM THE SENATE SB 54 A message dated March 29, 1994, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: 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." 1994-03-29 House Journal Page 3036 SB 54 and CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." on the following specific points: 1. Provisions relating to waiver of juvenile jurisdiction and, generally, to the exercise of court jurisdiction over juveniles: CSSB 54(FIN): Bill sections 4, 7 and 11 HCS CSSB 54(FIN) am H: Bill sections 11 - 13 and 15 2. Sanctions and criminal sentences that may be imposed on juveniles: HCS CSSB 54(FIN) am H: Bill sections 4, 5 and 7 No directly comparable provisions in CSSB 54(FIN) 3. Provisions amending definitions of offenses: HCS CSSB 54(FIN) am H: That portion of bill section 2 proposing the amendment of AS 11.61.200(a)(10) No directly comparable provision in CSSB 54(FIN) 4. Provisions relating to records involving juveniles and access to them: CSSB 54(FIN): Bill sections 5, 8 and 9 HCS CSSB 54(FIN) am H: Bill sections 14, 17 and 18 and the definition of "victim" in section 20 5. Applicability provisions: CSSB 54(FIN): Bill section 12 HCS CSSB 54(FIN) am H: Bill section 21 The message is under Unfinished Business. 1994-03-29 House Journal Page 3037 HB 144 A message dated March 28, 1994, was read stating the Senate has passed: HOUSE BILL NO. 144 "An Act relating to fees for certain costs of administering the permanent fund dividend program." HB 144 was referred to the Chief Clerk for enrollment. **The presence of Representative Larson was noted. SJR 17 A message dated March 28, 1994, was read stating the Senate has concurred in the House amendment to CSSJR 17(JUD), thus adopting: CS FOR SENATE JOINT RESOLUTION NO. 17(JUD) am H Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. A message dated March 28, 1994, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 316 CS FOR SENATE BILL NO. 316(RES) by the Senate Resources Committee, entitled: "An Act relating to commercial fishing penalties." was read the first time and referred to the Judiciary and Finance Committees. 1994-03-29 House Journal Page 3038 REPORTS OF STANDING COMMITTEES HJR 61 The Resources Committee has considered: HOUSE JOINT RESOLUTION NO. 61 Relating to the Western Alaska Community Development Quota Program and the North Pacific Fishery Management Council Comprehensive Rationalization Program. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (8): Hudson, Carney, Green, James, Finkelstein, Davies, Williams, Bunde The following fiscal note applies to HJR 61: Zero fiscal note, House Special Committee on Fisheries/Dept. of Fish and Game, 3/16/94 HJR 61 was referred to the Rules Committee for placement on the calendar. HJR 62 The State Affairs Committee has considered: HOUSE JOINT RESOLUTION NO. 62 Urging the Congress to reevaluate its practice of imposing unfunded mandates on state and local governments. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, G.Davis, B.Davis The following fiscal note applies to HJR 62: Zero fiscal note, House State Affairs Committee, 3/29/94 HJR 62 was referred to the Rules Committee for placement on the calendar. 1994-03-29 House Journal Page 3039 HB 353 The State Affairs 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." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (1): Vezey No recommendation (3): Kott, G.Davis, B.Davis The following fiscal note applies to HB 353: Zero fiscal note, Dept. of Commerce & Economic Development, 3/11/94 HB 353 was referred to the Rules Committee for placement on the calendar. HB 356 The Judiciary Committee has considered: HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): James, Porter, Phillips No recommendation (3): Green, Kott, Davidson The following fiscal notes apply to HB 356: Fiscal note, Dept. of Health & Social Services, 3/15/94 Zero fiscal note, Dept. of Commerce & Economic Development, 3/15/94 1994-03-29 House Journal Page 3040 HB 356 HB 356 was referred to the Finance Committee. HB 378 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 378 "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 378(STA) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (5): Kott, G.Davis, Toohey, B.Davis, Brice No recommendation (4): Vezey, Bunde, Olberg, Nicholia The following fiscal note applies to CSHB 378(STA): Zero fiscal note, Dept. of Administration, 3/29/94 HB 378 was referred to the Finance Committee. HB 431 The Health, Education & Social Services Committee has considered: HOUSE BILL NO. 431 "An Act relating to the payment of aid to families with dependent children in the case of pregnant minors and minors who are parents." 1994-03-29 House Journal Page 3041 HB 431 and recommends it be replaced with: CS FOR HOUSE BILL NO. 431(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (1): Kott No recommendation (8): Vezey, G.Davis, Bunde, Toohey, Olberg, B.Davis, Nicholia, Brice The following fiscal notes apply to CSHB 431(HES): Fiscal notes (3), Dept. of Health & Social Services, 3/29/94 HB 431 was referred to the Finance Committee. HB 478 The Judiciary Committee has considered: HOUSE BILL NO. 478 "An Act relating to the authority of mobile intensive care paramedics and emergency medical technicians to pronounce death under certain circumstances." and recommends it be replaced with: CS FOR HOUSE BILL NO. 478(HES) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Kott, James, Porter No recommendation (3): Green, Phillips, Davidson 1994-03-29 House Journal Page 3042 HB 478 The following fiscal notes apply to CSHB 478(HES): Zero fiscal notes (2), Dept. of Health & Social Services, 3/9/94 HB 478 was referred to the Rules Committee for placement on the calendar. HB 498 The Resources Committee has considered: HOUSE BILL NO. 498 "An Act providing for exploration incentive credits for activities involving locatable and leasable minerals and coal deposits on certain land in the state; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 498(RES) (same title) The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (7): Hudson, Carney, Green, James, Davies, Bunde, Williams No recommendation (1): Finkelstein The following fiscal note applies to CSHB 498(RES): Fiscal note, Dept. of Revenue, 3/29/94 HB 498 was referred to the Finance Committee. HB 505 The Finance Committee has considered: 1994-03-29 House Journal Page 3043 HB 505 HOUSE BILL NO. 505 "An Act making appropriations to and from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska, for operating and capital expenses of state government for fiscal year 1994; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 505(FIN) "An Act making appropriations to the constitutional budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska; making an appropriation to the Department of Education for support of kindergarten, primary, and secondary education and community schools programs and for school construction debt retirement; amending certain appropriations for education programs and school construction debt retirement for fiscal year 1994 and for educational facilities maintenance and construction; making appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): MacLean, Larson, Martin, Foster Do not pass (3): Hoffman, Navarre, Brown No recommendation (3): Parnell, Grussendorf, Therriault HB 505 was referred to the Rules Committee for placement on the calendar. HB 513 The Judiciary Committee has considered: HOUSE BILL NO. 513 "An Act relating to financial assistance for certain owners or operators of underground petroleum storage tank systems; and providing for an effective date." 1994-03-29 House Journal Page 3044 HB 513 and recommends it be replaced with: CS FOR HOUSE BILL NO. 513(STA) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Kott, James, Porter, Phillips No recommendation (2): Green, Davidson The following fiscal note applies to CSHB 513(STA): Zero fiscal note, Dept. of Environmental Conservation, 3/23/94 HB 513 was referred to the Rules Committee for placement on the calendar. HB 523 The State Affairs Committee has considered: HOUSE BILL NO. 523 "An Act amending Alaska Rule of Criminal Procedure 6(r) relating to admissibility of hearsay evidence by peace officers before the grand jury." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, G.Davis, B.Davis The following fiscal notes apply to HB 523: Zero fiscal note, Dept. of Law, 3/9/94 Zero fiscal note, Dept. of Public Safety, 3/9/94 Zero fiscal notes (2), Dept. of Administration, 3/9/94 HB 523 was referred to the Judiciary Committee. 1994-03-29 House Journal Page 3045 SJR 46 The State Affairs Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 46(STA) 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. The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, G.Davis, B.Davis The following fiscal note applies to CSSJR 46(STA): Zero fiscal note, Senate State Affairs Committee, 3/7/94 CSSJR 46(STA) was referred to the Rules Committee for placement on the calendar. SB 221 The Health, Education & Social Services Committee has considered: SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): Bunde, Toohey, Olberg No recommendation (3): G.Davis, Nicholia, Brice Amend (3): Kott, Vezey, B.Davis 1994-03-29 House Journal Page 3046 SB 221 The following fiscal notes apply to SB 221: Senate zero fiscal note, Alaska Court System, 2/9/94 Senate zero fiscal note, Dept. of Health & Social Services, 2/9/94 Senate zero fiscal notes (2), Dept. of Administration, 1/26/94 Senate zero fiscal note, Dept. of Law, 1/26/94 Senate zero fiscal note, Dept. of Public Safety, 1/26/94 SB 221 was referred to the Judiciary Committee. SB 294 The Community & Regional Affairs Committee has considered: SENATE BILL NO. 294 "An Act relating to canned salmon classics; and providing for an effective date." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (6): Olberg, Sanders, Davies, Willis, Williams, Bunde The following fiscal note applies to SB 294: Senate zero fiscal note, Dept. of Revenue, 2/24/94 SB 294 was referred to the Rules Committee for placement on the calendar. SB 330 The Community & Regional Affairs has considered: CS FOR SENATE BILL NO. 330(RLS) "An Act relating to water quality enhancement, water supply, wastewater, and solid waste grants; the Alaska clean water fund; the establishment of the Alaska clean water account, the Alaska drinking water fund, and the Alaska drinking water account; and providing for an effective date." 1994-03-29 House Journal Page 3047 SB 330 The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (1): Olberg No recommendation (5): Sanders, Bunde, Davies, Willis, Williams The following fiscal note applies to CSSB 330(RLS): Senate zero fiscal note, Dept. of Environmental Conservation, 2/24/94 CSSB 330(RLS) was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES SB 54 The Conference Committee considering: 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." and CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." requests limited powers of free conference on the principal points specified in the Senate message granting the limited powers on page 3035. The request was signed by Representative Porter, Chair, and Senator Taylor, Chair. 1994-03-29 House Journal Page 3048 SB 54 The request is under Unfinished Business. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Tina Sweeten By Representative Mackie Honoring - Service High School Cross Country Ski Team By Representative Green Honoring - Evan Booth and Dan Zipay, 1994 Iron Dog Classic Champions By Representative Foster Honoring - Alaska Summer Special Olympics By Representatives Ulmer, Hudson; Senator Duncan Honoring - Up with People By Representatives Hudson, Toohey, Ulmer; Senator Duncan Honoring - Robert Aiken, 1993 Alaska Federation of Natives, President's Culture Bearer By Representatives MacLean; Senator Adams Honoring - Ada and Ross Ahngasak, 1993 Alaska Federation of Natives President's Award Parents of the Year By Representative MacLean; Senator Adams Honoring - Walter Keok Nayokpuk 1993 Alaska Federation of Natives President's Small Business Award By Representative MacLean; Senator Adams Honoring - James D. Balamaci By Representative Davidson; Senator Zharoff Honoring - John Riley Morton By Representative Davidson; Senator Zharoff 1994-03-29 House Journal Page 3049 Honoring - Archbishop Francis T. Hurley By Representative B.Davis Honoring - Excellence in Broadcasting By Representative Vezey Honoring - Margo Goodhew By Representative Sitton Honoring - Chief Larry Langston By Representative Porter Honoring - Andrew N. Skin Sr., 1993 Alaska Federation of Natives Della Keats "Healing Hands" President's Award By Representative MacLean; Senator Adams Honoring - Dr. Ell B. Sorenson By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Minnie L. Fisher, Dorothy A. Jones Volunteer of the Year Award By Representatives Menard, Carney, Larson, Senators Kerttula, Halford In Memoriam - Larry Carpenter By Representative Sitton In Memoriam - Austin Phillip Hammond Sr. By Representative Mackie In Memoriam - Howard Thew By Representative Barnes INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 32 HOUSE CONCURRENT RESOLUTION NO. 32 by the House Judiciary Committee by request: Establishing the Joint Task Force on Military Bases in Alaska. was read the first time and referred to the Finance Committee. 1994-03-29 House Journal Page 3050 HCR 33 HOUSE CONCURRENT RESOLUTION NO. 33 by the House State Affairs Committee: Requesting the governor to offer the United States Congress $10,000,000,000 in cash, or other terms that may be negotiated between the state and the federal government, to purchase all federal land, water, or land and water, including any surface or subsurface interests, in Alaska other than military reservations and federal offices, to have the federal government relinquish all dominion, control, and regulatory authority over all land, water, or land and water, including surface or subsurface interests, in Alaska other than military reservations and federal offices, and providing a bonus if certain federal agencies are removed from the state within six months of the federal sale to the state and relinquishment of control. was read the first time and referred to the State Affairs Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 450 The following was read the second time: HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date." with the: Journal Page STA RPT 4DP 1NR 2757 -ZERO FISCAL NOTE (H.STA) 3/14/94 2758 FIN RPT 6DP 3NR 2978 -ZERO FISCAL NOTE (DCRA) 3/25/94 2978 1994-03-29 House Journal Page 3051 HB 450 Representative Phillips moved and asked unanimous consent that HB 450 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 450 was read the third time. The question being: "Shall HB 450 pass the House?" The roll was taken with the following result: HB 450 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 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, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Moses And so, HB 450 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 450 was referred to the Chief Clerk for engrossment. HB 459 The following was read the second time: HOUSE BILL NO. 459 "An Act relating to liquidated damages and attorney fees for minimum wage and overtime compensation claims." 1994-03-29 House Journal Page 3052 HB 459 with the: Journal Page L&C RPT 2DP 4NR 2495 -ZERO FISCAL NOTE (LABOR) 2/23/94 2496 STA RPT CS(STA) 3DP 3NR 2719 -ZERO FISCAL NOTE (LAW) 3/11/94 2719 -PREVIOUS ZERO FISCAL NOTE (LABOR) 2/23 2719 JUD RPT CS(JUD) NEW TITLE 4DP 2DNP 1NR 2968 -PREVIOUS ZERO FN (LAW) 3/11/94 2969 -PREVIOUS ZERO FISCAL NOTE (LABOR) 2/23 2969 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. 459(JUD) "An Act relating to minimum wage and overtime compensation claims." There being no objection, it was so ordered. Title Amendment No. 1 was offered by Representative Mulder: Page 1, line 1, after "to": Insert "settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for" Representative Mulder moved and asked unanimous consent that Title Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: "An Act relating to settlement and payment of claims for minimum wage and overtime compensation claims and to liquidated damages and attorney fees for minimum wage and overtime compensation claims." 1994-03-29 House Journal Page 3053 HB 459 Representative Parnell moved and asked unanimous consent that he be allowed to abstain from voting due to a possible conflict of interest. Objection was heard, and Representative Parnell was required to vote. Amendment No. 2 was offered by Representative Mulder: Page 3, line 13: Delete "before, on, or after" Insert "on or after" Page 3, line 14: Delete "that have not resulted in the entry of a final judgment before the effective date of this Act" Representative Mulder moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Amendment No. 3 was offered by Representative Nordlund: Page 2, line 27: Delete "A waiver may not be considered to be" Insert "Whether a waiver is knowing and voluntary depends on all of the circumstances. However, a waiver is not" Representative Nordlund moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 459(JUD) am Second Reading Amendment No. 3 YEAS: 16 NAYS: 22 EXCUSED: 0 ABSENT: 2 1994-03-29 House Journal Page 3054 HB 459 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Hoffman, Moses And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Finkelstein: Page 1, line 10: Delete "prevailing party [PLAINTIFF]" Insert "plaintiff" Representative Finkelstein moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 459(JUD) am Second Reading Amendment No. 4 YEAS: 15 NAYS: 21 EXCUSED: 0 ABSENT: 4 Yeas: Brice, Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Larson, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis 1994-03-29 House Journal Page 3055 HB 459 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Mackie, MacLean, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Absent: Carney, Martin, Moses, Nicholia And so, Amendment No. 4 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 459(JUD) am be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 459(JUD) am will be in third reading on the March 30, 1994, calendar. HB 467 The following was read the second time: HOUSE BILL NO. 467 "An Act relating to housing programs of the Alaska Housing Finance Corporation and of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing in the state's small communities." with the: Journal Page CRA RPT 2DP 4NR 2829 -FISCAL NOTE (REV) 3/16/94 2829 FIN RPT 6DP 4NR 2978 -PREVIOUS FISCAL NOTE (REV) 3/16/94 2979 Representative Phillips moved and asked unanimous consent that HB 467 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-03-29 House Journal Page 3056 HB 467 HB 467 was read the third time. The question being: "Shall HB 467 pass the House?" The roll was taken with the following result: HB 467 Third Reading Final Passage YEAS: 38 NAYS: 1 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin Absent: Moses And so, HB 467 passed the House and was referred to the Chief Clerk for engrossment. HB 518 The following was read the second time: HOUSE BILL NO. 518 "An Act extending the termination date of the Board of Governors of the Alaska Bar Association; and providing for an effective date." with the: Journal Page JUD RPT 6DP 2997 -ZERO FISCAL NOTE (H.JUD) 3/28/94 2997 Representative Phillips moved and asked unanimous consent that HB 518 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-03-29 House Journal Page 3057 HB 518 HB 518 was read the third time. The question being: "Shall HB 518 pass the House?" The roll was taken with the following result: HB 518 Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Hoffman, Olberg, Sitton Absent: Moses And so, HB 518 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 518 was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 409 The following, which advanced to third reading from the March 28, 1994, calendar (page 3017), was read the third time: 1994-03-29 House Journal Page 3058 HB 409 CS FOR HOUSE BILL NO. 409(FIN) am "An Act relating to the maximum amount of assistance that may be granted under the adult public assistance program and the program of aid to families with dependent children; proposing a special demonstration project within the program of aid to families with dependent children and directing the Department of Health and Social Services to seek waivers from the federal government to implement the project; and providing for an effective date." The question being: "Shall CSHB 409(FIN) am pass the House?" The roll was taken with the following result: CSHB 409(FIN) am Third Reading Final Passage YEAS: 21 NAYS: 18 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Absent: Moses And so, CSHB 409(FIN) am passed the House. Representative Phillips moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: 1994-03-29 House Journal Page 3059 HB 409 CSHB 409(FIN) am Third Reading Effective Dates YEAS: 22 NAYS: 17 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, 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 Absent: Moses And so, lacking the necessary 27 votes, the effective date clauses were not adopted. Representative Navarre gave notice of reconsideration of his vote on CSHB 409(FIN) am(efd fld). HB 330 The following, which advanced to third reading from the March 28, 1994, calendar (page 3018), was read the third time: CS FOR HOUSE BILL NO. 330(TRA) "An Act relating to the use of natural gas as a motor vehicle fuel in state-owned vehicles and to the Department of Transportation and Public Facilities' authority to participate in joint ventures related to natural gas." Representative Hoffman moved and asked unanimous consent that he be allowed to abstain from voting due to a possible conflict of interest. Objection was heard, and Representative Hoffman was required to vote. 1994-03-29 House Journal Page 3060 HB 330 The question being: "Shall CSHB 330(TRA) pass the House?" The roll was taken with the following result: CSHB 330(TRA) Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Navarre, Sitton Absent: Davidson, Moses Navarre changed from "Yea" to "Nay". And so, CSHB 330(TRA) passed the House. Representative Navarre later gave notice of reconsideration of his vote on CSHB 330(TRA), and the reconsideration was taken up then. HB 299 The following, which advanced to third reading from the March 28, 1994, calendar (page 3020), was read the third time: CS FOR HOUSE BILL NO. 299(FIN)(title am) "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date." Representative Toohey moved and asked unanimous consent that CSHB 299(FIN)(title am) be returned to second reading for the specific purpose of considering Amendment No. 2. 1994-03-29 House Journal Page 3061 HB 299 There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Toohey and Brown: Page 2, line 23: Insert: "(2) that the peace officer has cited the person or arrested the person for a violation of AS 11.71 or AS 04.16.050;" Renumber remaining paragraphs accordingly. Representative Toohey moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. The question being: "Shall CSHB 299(FIN) am pass the House?" The roll was taken with the following result: CSHB 299(FIN) am Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davies, Foster, Kott, Nicholia, Sanders, Sitton Absent: Davidson, Moses And so, CSHB 299(FIN) am passed the House. 1994-03-29 House Journal Page 3062 HB 299 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 Phillips moved and asked unanimous consent that the House adopt the House Finance Committee Letter of Intent (page 2961). There being no objection, it was so ordered. CSHB 299(FIN) am was referred to the Chief Clerk for engrossment. HB 347 The following, which advanced to third reading from the March 28, 1994, calendar (page 3021), was read the third time: CS FOR HOUSE BILL NO. 347(FIN) "An Act relating to long-term plans of certain state agencies and recommendations regarding elimination of duplication in state agency functions." The question being: "Shall CSHB 347(FIN) pass the House?" The roll was taken with the following result: CSHB 347(FIN) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Davidson, Moses And so, CSHB 347(FIN) passed the House and was referred to the Chief Clerk for engrossment. 1994-03-29 House Journal Page 3063 HB 300 The following, which advanced to third reading from the March 28, 1994, calendar (page 3022), was read the third time: CS FOR HOUSE BILL NO. 300(JUD) "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." Representative Ulmer moved and asked unanimous consent that CSHB 300(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. Objection was heard and withdrawn. There being no further objection, CSHB 300(JUD) was returned to second reading. Amendment No. 1 was offered by Representative Ulmer: Page 2, line 31: Delete "and" Page 3, line 1: Delete "." Insert ";" Page 3, after line 1, insert new subsections: "(4) provide trained and competent personnel; and (5) act in a reasonably safe and competent manner." Representative Ulmer moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Representative Nordlund moved and asked unanimous consent that CSHB 300(JUD) am be returned to second reading for the specific purpose of considering Amendment No. 2. 1994-03-29 House Journal Page 3064 HB 300 Objection was heard and withdrawn. There being no further objection, CSHB 300(JUD) am was returned to second reading. Amendment No. 2 was offered by Representative Nordlund: Page 3, line 10, after "hobby": Insert "but does not include the transportation of the participant by plane, bus, boat, vessel, or other legally regulated mode of conveyance of the participant by the commercial operator" Representative Nordlund moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Hudson objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 300(JUD) am Second Reading Amendment No. 2 YEAS: 14 NAYS: 24 EXCUSED: 0 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Grussendorf, Larson, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Absent: Davidson, Moses Barnes changed from "Yea" to "Nay". B.Davis changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. 1994-03-29 House Journal Page 3065 HB 300 The question being: "Shall CSHB 300(JUD) am pass the House?" The roll was taken with the following result: CSHB 300(JUD) am Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Bunde, Carney, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Davies, B.Davis, Navarre, Nicholia, Nordlund, Willis Absent: Davidson, Moses And so, CSHB 300(JUD) 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. Representative Brown gave notice of reconsideration of her vote on CSHB 300(JUD) am. HB 302 The following, which advanced to third reading from the March 28, 1994, calendar (page 3023), was read the third time: CS FOR HOUSE BILL NO. 302(STA) "An Act excluding certain sports officials and certain recreational activities sanctioned by an employer from coverage provided under workers' compensation; and providing for an effective date." 1994-03-29 House Journal Page 3066 HB 302 The question being: "Shall CSHB 302(STA) pass the House?" The roll was taken with the following result: CSHB 302(STA) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Davidson, Moses And so, CSHB 302(STA) 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 Vezey gave notice of reconsideration of his vote on CSHB 302(STA). RECONSIDERATION HB 330 Representative Navarre gave notice of reconsideration of his vote on CSHB 330(TRA) and moved and asked unanimous consent that the reconsideration be taken up on the same day. There being no objection, it was so ordered. CSHB 330(TRA) was again before the House in third reading. 1994-03-29 House Journal Page 3067 HB 330 The question to be reconsidered: "Shall CSHB 330(TRA) pass the House?" The roll was taken with the following result: CSHB 330(TRA)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Sitton Absent: Davidson, Moses And so, CSHB 330(TRA) passed the House on reconsideration 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 - Jeanne White By Representatives Sitton, Davies, B.Davis, James, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Toohey, Ulmer, Willis Honoring - Colony Knights Hockey Team By Representatives Menard, Carney, Larson, B.Davis, Hoffman, James, Mackie, MacLean, Menard, Navarre, Ulmer, Willis; Senators Kerttula, Halford Honoring - Tuluksak Heros By Senator Lincoln; Representatives Nicholia, B.Davis, Foster, Hoffman, James, Mackie, MacLean, Menard, Navarre, Ulmer, Willis 1994-03-29 House Journal Page 3068 In Memoriam - Charles W. "Charlie" Davis By Representatives Davies, Brice, James, Sitton, Vezey, B.Davis, Foster, James, Mackie, MacLean, Menard, Navarre, Willis; Senator Frank In Memoriam - Zenia Kolyaha By Senator Jacko; Representatives B.Davis, Foster, James, Mackie, MacLean, Menard, Willis In Memoriam - Matushka E. Gromoff By Senator Jacko; Representatives B.Davis, Foster, James, Mackie, MacLean, Menard, 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 Davies - from 7:00 p.m., March 30 to 8:00 p.m., plane time, April 5, 1994 Representative Grussendorf - from 9:30 a.m., March 31 to 1:45 p.m., plane time, April 5, 1994 Representative Menard - from 7:00 p.m., March 30 to 9:00 p.m., plane time, April 5, 1994 Representative Mulder - from 6:30 p.m., March 31 to 10:00 a.m., plane time, April 5, 1994 Representative Nicholia - from 7:00 p.m., March 30 to 10:00 p.m., April 4, 1994 Representative Nordlund - from 6:45 p.m., March 31 to 10:00 p.m., plane time, April 5, 1994 Representative Williams - from 2:30 p.m., March 31 to 10:00 p.m., plane time, April 4, 1994 There being no objection, it was so ordered. 1994-03-29 House Journal Page 3069 HB 314 Representative Phillips moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 314 "An Act relating to the jurisdiction of the ombudsman; and providing for an effective date." There being no objection, HB 314 was withdrawn. HB 483 Representative Kott moved and asked unanimous consent to withdraw the following: HOUSE BILL NO. 483 "An Act relating to payment of permanent fund dividends of certain individuals who have been absent from the state; and providing for an effective date." There being no objection, HB 483 was withdrawn. HB 63 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 63 "An Act prohibiting the sale or purchase of parts of bears and relating to possession and use of bear gall bladders." HB 72 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 72 "An Act relating to constitutional, civil, and human rights and providing criminal and civil penalties for violations of constitutional, civil, and human rights." 1994-03-29 House Journal Page 3070 HB 105 Representative Finkelstein added his name as cosponsor to: HOUSE BILL NO. 105 "An Act providing for incarceration for nonviolent, youthful first offenders in boot camps operated by the Department of Corrections; creating the Boot Camp Advisory Board in the Department of Corrections; amending Alaska Rule of Criminal Procedure 35; and providing for an effective date." HB 467 Representative Nicholia added her name as cosponsor to: HOUSE BILL NO. 467 "An Act relating to housing programs of the Alaska Housing Finance Corporation and of regional housing authorities, and permitting regional housing authorities to make, originate, and service loans for the purchase and development of residential housing in the state's small communities." SJR 17 Representative Williams added his name as cross-sponsor to: CS FOR SENATE JOINT RESOLUTION NO. 17(JUD) am H Relating to reauthorization of the Magnuson Fishery Conservation and Management Act. ENGROSSMENT HB 299 CSHB 299(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted with a letter of intent to the Senate for consideration. HB 330 CSHB 330(TRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 347 CSHB 347(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-03-29 House Journal Page 3071 HB 450 HB 450 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 467 HB 467 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 518 HB 518 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. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 30, 1994. There being no objection, the House adjourned at 8:50 p.m. Suzi Lowell Chief Clerk