Legislature(1993 - 1994)
1994-03-30 House Journal
Full Journal pdf1994-03-30 House Journal Page 3073 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday March 30, 1994 Eightieth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:15 a.m. Roll call showed 35 members present. Representatives Brice and Olberg had been previously excused from a call of the House today. Representative Moses, who had been previously excused from a call of the House today, was present. Representatives Finkelstein, Larson and Martin were absent. The invocation was offered by the Chaplain, Associate Pastor Dave Snyder of the Lighthouse Baptist Church. Representative B.Davis 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 today, and I thank You for this week when we remember the death, burial, and resurrection of our Lord Jesus Christ. I thank You for the salvation which is thereby so freely supplied, to all who will ask for it. I pray once again for the House of Representatives today, as they meet. I pray that all things would `be done decently and in order' (I Corinthians 14:40), and that much would be accomplished here today. Thank You for the opportunity to serve You today. In Jesus' name I pray, Amen." The Pledge of Allegiance was led by Representative G.Davis. 1 1994-03-30 House Journal Page 3074 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 79th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Malcolm Menzies By Representatives Ulmer, Hudson; Senator Duncan In Memoriam - Ian "Don" Hoak By Representative Toohey INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 543 HOUSE BILL NO. 543 by the House State Affairs Committee, entitled: "An Act relating to unvented gas space heaters in residential buildings." was read the first time and referred to the State Affairs Committee. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 3/30 Minority Caucus upon recess, 3/30 Representative Phillips moved and asked unanimous consent that the House recess to a call of the Chair. There being no objection, it was so ordered. And so, the House recessed at 10:20 a.m. 1994-03-30 House Journal Page 3075 AFTER RECESS The House was called back to order at 11:16 a.m. **The presence of Representatives Larson, Martin and Finkelstein was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF SENATE BILLS SB 152 The following was read the second time: SENATE BILL NO. 152 "An Act changing the frequency of certain state inspections of weights and measures and relating to the issuance of citations for weights and measures violations." with the: Journal Page TRA RPT 2DP 2NR 2932 -2 ZERO FISCAL NOTES (DCRA, DCED) 3/23 2933 Representative Phillips moved and asked unanimous consent that SB 152 be considered engrossed, advanced to third reading and placed on final passage. Representative Davies objected and withdrew the objection. There being no further objection, it was so ordered. SB 152 was read the third time. The question being: "Shall SB 152 pass the House?" The roll was taken with the following result: SB 152 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 1994-03-30 House Journal Page 3076 SB 152 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Brice, Olberg Absent: MacLean And so, SB 152 passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 459 The following, which was advanced to third reading from the March 29, 1994, calendar (page 3055), was read the third time: CS FOR HOUSE BILL NO. 459(JUD) am "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." The question being: "Shall CSHB 459(JUD) am pass the House?" The roll was taken with the following result: CSHB 459(JUD) am Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Bunde, Carney, Davies, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams 1994-03-30 House Journal Page 3077 HB 459 Nays: Brown, Davidson, B.Davis, Finkelstein, Hoffman, Nordlund, Sitton, Willis Excused: Brice, Olberg Absent: MacLean And so, CSHB 459(JUD) am passed the House. Representative Nordlund gave notice of reconsideration of his vote on CSHB 459(JUD) am. SECOND READING OF SENATE RESOLUTIONS SCR 15 The following was read the second time: SENATE CONCURRENT RESOLUTION NO. 15 Relating to the twenty-eighth annual Boys' State. with the: Journal Page STA RPT 6DP 2971 -PREVIOUS SEN ZERO FN (S.STA) 2/23/94 2971 The question being: "Shall SCR 15 pass the House?" The roll was taken with the following result: SCR 15 Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-03-30 House Journal Page 3078 SCR 15 Excused: Brice, Olberg Absent: MacLean And so, SCR 15 passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. SCR 17 The following was read the second time: 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. with the: Journal Page STA RPT HCS(STA) 3DP 3NR 2971 -PREVIOUS SEN ZERO FN (S.STA) 3/7/94 2972 The Speaker stated that, without objection, all members of the House would be shown as cross-sponsors of the resolution. Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original resolution: HOUSE CS FOR CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) (same title) Representative Larson objected. Representative Larson moved and asked unanimous consent that the motion be amended to adopt CSSCR 17(STA) am. Objection was heard. Representative Larson moved and asked unanimous consent to withdraw his motion. There being no objection, it was so ordered. 1994-03-30 House Journal Page 3079 SCR 17 Representative Phillips moved and asked unanimous consent to withdraw her motion. There being no objection, it was so ordered. The question being: "Shall CSSCR 17(STA) am pass the House?" The roll was taken with the following result: CSSCR 17(STA) am Second Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Brice, Olberg Absent: Davidson And so, CSSCR 17(STA) am passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. Objection was heard. Representative Davies moved and asked unanimous consent that the House consider all citations on the calendar with the exception of the following: Honoring - Excellence in Broadcasting By Representative Vezey There being no objection, it was so ordered. 1994-03-30 House Journal Page 3080 There being no objection to the adoption of all other citations on the calendar, it was so ordered and the following citations were sent to enrolling: Honoring - Tina Sweeten By Representatives Mackie, B.Davis, Foster, James, MacLean, Menard, Navarre, Nicholia, Toohey, Ulmer, Willis Honoring - Service High School Cross Country Ski Team By Representatives Green, Bunde, B.Davis, Foster, Hoffman, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Porter, Sanders, Toohey, Ulmer, Willis Honoring - Evan Booth and Dan Zipay, 1994 Iron Dog Classic Champions By Representatives Foster, B.Davis, Foster, Hanley, Hoffman, James, Mackie, MacLean, Menard, Navarre, Nicholia, Phillips, Toohey, Ulmer, Vezey, Willis Honoring - Alaska Summer Special Olympics By Representatives Ulmer, Hudson, Brown, Bunde, B.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, James, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Toohey, Ulmer, Vezey, Willis; Senator Duncan Honoring - Up with People By Representatives Hudson, Ulmer, Bunde, B.Davis, Foster, Hanley, Hoffman, James, Mackie, Martin, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Toohey, Willis; Senator Duncan Honoring - Robert Aiken, 1993 Alaska Federation of Natives, President's Culture Bearer By Representatives MacLean, B.Davis, Foster, Hoffman, James, Mackie, Menard, Mulder, Navarre, Nicholia, Toohey, Ulmer, Willis; Senator Adams Honoring - Ada and Ross Ahngasak, 1993 Alaska Federation of Natives President's Award Parents of the Year By Representatives MacLean, B.Davis, Foster, Hoffman, James, Mackie, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis; Senator Adams 1994-03-30 House Journal Page 3081 Honoring - Walter Keok Nayokpuk 1993 Alaska Federation of Natives President's Small Business Award By Representatives MacLean, Brice, B.Davis, Foster, Hoffman, James, Mackie, Menard, Mulder, Navarre, Nicholia, Phillips, Ulmer, Willis; Senator Adams Honoring - James D. Balamaci By Representatives Davidson, B.Davis, Foster, James, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis; Senator Zharoff Honoring - John Riley Morton By Representatives Davidson, B.Davis, Foster, James, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis; Senator Zharoff Honoring - Archbishop Francis T. Hurley By Representatives B.Davis, Barnes, Brice, Brown, G.Davis, Foster, Hanley, Hoffman, James, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter, Toohey, Ulmer, Willis Honoring - Margo Goodhew By Representatives Sitton, Brice, B.Davis, Davies, Foster, James, Mackie, Menard, Mulder, Navarre, Nicholia, Vezey, Toohey, Ulmer, Willis Honoring - Chief Larry Langston By Representatives Porter, Barnes, Brown, B.Davis, Foster, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Toohey, Ulmer, Willis Honoring - Andrew N. Skin Sr., 1993 Alaska Federation of Natives Della Keats "Healing Hands" President's Award By Representatives MacLean, Brice, B.Davis, Foster, Hoffman, James, Mackie, Menard, Mulder, Navarre, Nicholia, Phillips, Ulmer, Willis; Senator Adams Honoring - Dr. Ell B. Sorenson By Representatives Menard, Carney, Larson, B.Davis, Foster, James, Mackie, Menard, Navarre, Nicholia, Phillips, Ulmer, Willis; Senators Kerttula, Halford 1994-03-30 House Journal Page 3082 Honoring - Minnie L. Fisher, Dorothy A. Jones Volunteer of the Year Award By Representatives Menard, Carney, Larson, B.Davis, Foster, Hoffman, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Ulmer, Willis; Senators Kerttula, Halford In Memoriam - Larry Carpenter By Representatives Sitton, Brice, Davies, B.Davis, Foster, James, Mackie, MacLean, Menard, Navarre, Nicholia, Phillips, Vezey, Willis In Memoriam - Austin Phillip Hammond Sr. By Representatives Mackie, B.Davis, Foster, James, MacLean, Menard, Nicholia, Phillips, Ulmer, Williams, Willis In Memoriam - Howard Thew By Representatives Barnes, B.Davis, Foster, Hanley, James, Mackie, MacLean, Martin, Menard, Nicholia, Phillips, Porter, Sanders, Willis Representative Vezey moved and asked unanimous consent to withdraw the citation Honoring - Excellence in Broadcasting. There being no objection, it was so ordered. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative B.Davis - from 6:30 a.m., March 31 to 8:00 p.m., plane time, April 4, 1994 Representative Navarre - from 6:30 a.m., April 1 to 8:30 p.m., plane time, April 4, 1994 There being no objection, it was so ordered. RECONSIDERATION HB 409 Representative Navarre brought up reconsideration of the vote on CSHB 409(FIN) am (page 3059). 1994-03-30 House Journal Page 3083 HB 409 The following was again before the House in third reading: 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." Representative Davies moved and asked unanimous consent that CSHB 409(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 13. Representative Phillips objected. The question being: "Shall CSHB 409(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 13?" The roll was taken with the following result: CSHB 409(FIN) am--RECONSIDERATION Third Reading Return to Second for Amendment No. 13 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: 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, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Olberg And so, the motion failed. 1994-03-30 House Journal Page 3084 HB 409 Representative Brown moved and asked unanimous consent that CSHB 409(FIN) am be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 4. Representative Phillips objected. The question being: "Shall CSHB 409(FIN) am be returned to second reading for the specific purpose of rescinding previous action in failing to adopt Amendment No. 4?" The roll was taken with the following result: CSHB 409(FIN) am--RECONSIDERATION Third Reading Return to Second to Rescind Previous Action on Amendment No. 4 YEAS: 17 NAYS: 21 EXCUSED: 2 ABSENT: 0 Yeas: Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Olberg And so, the motion failed. The question to be reconsidered: "Shall CSHB 409(FIN) am pass the House?" The roll was taken with the following result: CSHB 409(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 24 NAYS: 14 EXCUSED: 2 ABSENT: 0 1994-03-30 House Journal Page 3085 HB 409 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Brice, Olberg And so, CSHB 409(FIN) am passed the House on reconsideration. 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: CSHB 409(FIN) am--RECONSIDERATION Third Reading Effective Dates YEAS: 25 NAYS: 12 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Nicholia, Nordlund, Ulmer, Willis Excused: Brice, Olberg Absent: Sitton And so, lacking the necessary 27 votes, the effective date clauses were not adopted. CSHB 409(FIN) am(efd fld) was referred to the Chief Clerk for engrossment. 1994-03-30 House Journal Page 3086 UNFINISHED BUSINESS HB 358 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 358 "An Act allowing a mobile home owner to request a certificate of title from the Department of Public Safety." HB 358 was referred to the Rules Committee for placement on the calendar. HB 468 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 468 "An Act extending the termination date of the Citizens' Review Panel for Permanency Planning." HB 468 was referred to the Rules Committee for placement on the calendar. [Comment: #] Representative Phillips moved and asked unanimous consent that the House adopt the following Supplemental Calendar: HB 505 APPROP: BUDGET RESERVE FUND TO GEN.FUND Representative Ulmer objected. Representative Ulmer placed a call of the House. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 3/30 Minority Caucus upon at ease, 3/30 Judiciary Committee Cap. 120 1:15 p.m., 3/30 TIME CHANGE 1994-03-30 House Journal Page 3087 The Speaker stated that, without objection, the House would stand at ease to a call of the Chair. And so, the House stood at ease at 1:15 p.m. AFTER AT EASE The House was called back to order at 3:45 p.m. The objection to adoption of the Supplemental Calendar was not maintained, and so, it was adopted. CONSIDERATION OF THE SUPPLEMENTAL CALENDAR SECOND READING OF HOUSE BILLS HB 505 The following was read the second time: 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." with the: Journal Page JUD RPT CS(JUD) NEW TITLE 4NR 1AM 2520 FIN RPT CS(FIN) NEW TITLE 4DP 3DNP 3NR 3042 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. 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 1994-03-30 House Journal Page 3088 HB 505 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." Representative Navarre objected. The call was satisfied. The question being: "Shall CSHB 505(FIN) be adopted?" The roll was taken with the following result: HB 505 Second Reading Adopt Finance Committee Substitute YEAS: 23 NAYS: 15 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Brice, Olberg Willis changed from "Yea" to "Nay". And so, CSHB 505(FIN) was adopted. Amendment No. 1 was offered by Representatives Navarre and Ulmer: Page 1, lines 5 - 9 (title amendment): Delete "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;" 1994-03-30 House Journal Page 3089 HB 505 Page 4, lines 26 - 27: Delete "constitutional budget reserve" Insert "general" Page 4, line 31, through page 5, line 1: Delete "Budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska)" Insert "General fund" Page 6, lines 12 - 13: Delete "budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska)" Insert "general fund" Page 6, line 18, through page 8, line 3: Delete all material. Renumber the following bill sections accordingly. Page 8, line 4: Delete ", 6, 7, and 9" Page 8, line 5: Delete all material. Renumber the following bill sections accordingly. Page 8, line 6: Delete "and 6 - 11" Representative Navarre moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Phillips objected. Representative Phillips rose to a point of order stating that debate was straying from the amendment. The Speaker stated the point was well taken and cautioned the member to proceed in order. 1994-03-30 House Journal Page 3090 HB 505 Representative Phillips rose to a point of order stating that a member was impugning the motives of members of the body. The Speaker stated the point was well taken. Representative Hoffman, who had been previously excused (page 2884), left the Chamber. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 505(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 23 EXCUSED: 3 ABSENT: 0 Yeas: Brown, Carney, Davies, B.Davis, Finkelstein, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, Davidson, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Hoffman, Olberg And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Brown: Page 1, line 11, through page 4, line 14: Delete all material. Renumber remaining sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. 1994-03-30 House Journal Page 3091 HB 505 Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 505(FIN) Second Reading Amendment No. 2 YEAS: 15 NAYS: 22 EXCUSED: 3 ABSENT: 0 Yeas: 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, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Hoffman, Olberg And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Brown: Page 8, lines 4 and 5: Delete all material. Renumber remaining sections accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. 1994-03-30 House Journal Page 3092 HB 505 The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 505(FIN) Second Reading Amendment No. 3 YEAS: 15 NAYS: 22 EXCUSED: 3 ABSENT: 0 Yeas: 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, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Hoffman, Olberg And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Navarre: Page 1, line 3, after "appropriation" (title amendment): Insert "from the general fund for fiscal year 1995" Page 1, lines 5 - 7 (title amendment): Delete "amending certain appropriations for education programs and school construction debt retirement for fiscal year 1994 and for educational facilities maintenance and construction;" Page 1, line 9, after "Alaska" (title amendment): Insert "for operating and capital expenses of state government for fiscal year 1994" 1994-03-30 House Journal Page 3093 HB 505 Page 4, after line 25: Insert new bill sections to read: "* Sec. 4. (a) The sum of $416,600,000 is appropriated under art. IX, sec. 17(c), of the Constitution of the State of Alaska, from the budget reserve fund established by art. IX, sec. 17, of the Constitution of the State of Alaska, to the general fund. (b) The appropriation made by (a) of this section is to fund the portion of the fiscal year 1994 appropriations enacted in 1993 that was anticipated as being funded from amounts deposited in the general fund representing a portion of the revenue received from informal tax conference settlements. (c) The sum of $529,036,778.27 is appropriated under art. IX, sec. 17(c), of the Constitution of the State of Alaska, from the budget reserve fund established by art. IX, sec. 17, of the Constitution of the State of Alaska, to the general fund. (d) The appropriation made by (c) of this section is to fund the portion of the fiscal year 1994 appropriations enacted in 1993 that was anticipated as being funded from the general fund but, due to shortfalls created by declining state oil revenue, requires expenditure of revenue received from informal tax conference settlements. * Sec. 5. An amount equal to the amount appropriated by sec. 3 of this Act is appropriated under art. IX, sec. 17(c), Constitution of the State of Alaska, from the budget reserve fund established by art. IX, sec. 17, Constitution of the State of Alaska to the general fund. * Sec. 6. In addition to the amounts appropriated by secs. 4 and 5 of this Act, if the unrestricted state revenue available for appropriation in fiscal year 1994 is insufficient to cover the fiscal year 1994 general fund appropriations, the amount necessary to balance revenue and general fund appropriations is appropriated under art. IX, sec. 17(c), Constitution of the State of Alaska to the general fund." Renumber the following bill sections accordingly. Page 4, lines 26 - 27: Delete "constitutional budget reserve" Insert "general" 1994-03-30 House Journal Page 3094 HB 505 Page 4, line 31, through page 5, line 1: Delete "Budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska)" Insert "General fund" Page 6, lines 12 - 13: Delete "budget reserve fund (art. IX, sec. 17, Constitution of the State of Alaska)" Insert "general fund" Page 6, line 18, through page 7, line 31: Delete all material. Renumber the following bill sections accordingly. Page 8, line 4: Delete "1 - 3, 6, 7, and 9" Insert "1 - 6 and 9" Page 8, line 5: Delete all material. Renumber the following bill sections accordingly. Page 8, line 6: Delete "1 - 3 and 6 - 11" Insert "1 - 6 and 9" Page 8, line 8: Delete "4 and 5" Insert "7 and 8" Representative Navarre moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Phillips objected. 1994-03-30 House Journal Page 3095 HB 505 The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 505(FIN) Second Reading Amendment No. 4 YEAS: 15 NAYS: 22 EXCUSED: 3 ABSENT: 0 Yeas: 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, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Brice, Hoffman, Olberg And so, Amendment No. 4 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 505(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 505(FIN) was read the third time. The question being: "Shall CSHB 505(FIN) pass the House?" The roll was taken with the following result: CSHB 505(FIN) Third Reading Final Passage YEAS: 24 NAYS: 13 EXCUSED: 3 ABSENT: 0 1994-03-30 House Journal Page 3096 HB 505 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Brice, Hoffman, Olberg And so, those sections of the bill requiring three fourths of the vote failed. CSHB 505(FIN)(brf fld) passed the House and the new title appears below: "An Act making appropriations to the constitutional budget reserve fund established under art. IX, sec. 17, Constitution of the State of Alaska; and making an appropriation to the Department of Education for school construction debt retirement." 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: CSHB 505(FIN)(brf fld) Third Reading Effective Dates YEAS: 24 NAYS: 13 EXCUSED: 3 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-03-30 House Journal Page 3097 HB 505 Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: Brice, Hoffman, Olberg And so, the effective date clauses were not adopted. Representative Larson gave notice of reconsideration of his vote on CSHB 505(FIN)(brf fld)(efd fld). UNFINISHED BUSINESS HB 409 Representative Kott added his name as cosponsor to: CS FOR HOUSE BILL NO. 409(FIN) am(efd fld) "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." SCR 15 Representatives Willis and Menard added their names as cross-sponsors to: SENATE CONCURRENT RESOLUTION NO. 15 Relating to the twenty-eighth annual Boys' State. SCR 17 Representatives Willis, Menard, Brown and Mulder added their names as cross-sponsors to: 1994-03-30 House Journal Page 3098 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. All members of the House were added as cross-sponsors (page 3078). And so, cross-sponsorship appears as follows: Representatives Larson, Nicholia, Navarre, Toohey, Willis, Menard, Brown, Mulder, Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Moses, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Ulmer, Vezey and Williams. ENGROSSMENT HB 300 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 300(JUD) am "An Act relating to civil liability for commercial recreational activities; and providing for an effective date." HB 302 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 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." 1994-03-30 House Journal Page 3099 HB 409 CSHB 409(FIN) am(efd fld) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 144 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:10 p.m., March 30, 1994: HOUSE BILL NO. 144 "An Act relating to fees for certain costs of administering the permanent fund dividend program." ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., March 31, 1994. There being no objection, the House adjourned at 6:17 p.m. Suzi Lowell Chief Clerk