Legislature(1993 - 1994)
1994-04-08 House Journal
Full Journal pdf1994-04-08 House Journal Page 3185 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 8, 1994 Eighty-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:28 a.m. Roll call showed 36 members present. Representatives Mackie and Navarre had been previously excused from a call of the House today. Representatives Larson and MacLean were absent. The invocation was offered by the Chaplain, Father Peter Gorges of the Catholic Cathedral of the Nativity. Representative Menard moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Just and powerful God, You spoke, and things were created. You breathed energy and life into the things that You created. And, You saw that what You had created, was good. You have graciously invited us to continue that process of creation, right here in the House of Representatives. For that, we give You thanks. Help us make a good job of it. Lord, help us create laws which demonstrate Your justice. Stimulate us to exercise the power that has been entrusted to us, without losing sight of Your mercy. Sharpen our pencils, as we try to accurately work up a budget that reflects the most pressing needs of our constituents. And finally, Lord, help us to breath energy and life into the legislation that we are creating; so that, when this session is over, both we and our constituents will look at what we have done, and say: `It is good.' Amen." 1 1994-04-08 House Journal Page 3186 The Pledge of Allegiance was led by Representative Brown. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 88th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE SB 242 A message dated April 8, 1994, was read stating the Senate respectfully requests the return of the following bill: SENATE BILL NO. 242 am H "An Act relating to office hours of state agencies." The Speaker granted the request and SB 242 am H was returned to the Senate. A message dated April 7, 1994, was read stating the Senate has passed the following and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 51 SENATE JOINT RESOLUTION NO. 51 by the Senate Judiciary Committee: Expressing support for the development of a fiberboard plant in Sitka; encouraging the Alaska Industrial Development and Export Authority to continue its efforts to assist with that development; and requesting the United States Forest Service to continue a long-term timber purchase contract necessary to supply material to the plant. was read the first time and referred to the Labor & Commerce Committee. 1994-04-08 House Journal Page 3187 REPORTS OF STANDING COMMITTEES HJR 48 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 48 Proposing amendments to the Constitution of the State of Alaska relating to revenues from natural resources, the Alaska permanent fund, the appropriation limit and the budget reserve fund; and providing for an effective date for the amendments. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Kott, Porter, Phillips, Nordlund No recommendation (1): Davidson A House Judiciary Committee letter of intent for HJR 48, signed by Representative Porter, Chair, appears below: "After reviewing HJR 48 (Restructuring the Permanent Fund) the subcommittee decided that before the legislature embarks on a new method of budget funding many policy issues must first be addressed. The decision was made after carefully evaluating the premises of HJR 48, in addition to information provided from individuals knowledgeable in evaluating financial proposals. This Letter of Intent contains 1) A Basic Outline of HJR 48, 2) Policy Questions That Must Be Asked and 3) A Proposal For Further Action by the Legislature 1) A Basic Outline of HJR 48 "The Cremo Plan" The purpose of the plan is to stabilize state resource revenues at a sustainable level, to increase the size of the Permanent Fund, and to minimize the negative consequences of the fiscal gap. The plan requires this session's legislature to propose - and the voters in the fall election to approve - an amendment to the State Constitution to provide that beginning July 1, 1995 and henceforth, all natural resource revenues be deposited in the Permanent Fund along with the assets of the state's two budget reserve accounts and the Railbelt Energy Fund. 1994-04-08 House Journal Page 3188 HJR 48 All future income earned by the Fund would be retained in the Fund, but there would be an annual withdrawal from the Fund based on its average market value over the past 12 quarters. The first year, the withdrawal would equal 20 percent, but then would be reduced geometrically each year until the permanent withdrawal rate of 6 percent is reached in the year 2006. 2) Policy Questions That Must Be Asked There are major policy and technical questions which must be thoroughly researched and answered before we are in a position to present any plan to the voters. Those issues include: 1. Revenue Allocation - If only resource revenues are used to determine the budget amount available, and our entitlement programs continue to grow, won't most of the available revenues eventually go into the entitlements and less into resource development, thereby reducing the revenue source which funds the cycle? Additionally, what about the negative impact to natural resource development by encouraging high severance and other taxes in order to generate enough income to support the growing needs of an expanding population? 2. Effect on Bonds - How will a budgetary funding mechanism such as this affect the State's current bond rate? If adopted, could it impair the State's credit and, thereby impair the ability of the State, state agencies and local governments to fund capital improvements through bonds? 3. Emergency Relief - The amendment makes perhaps 90 percent or more of the recurring unrestricted revenue of the state "not appropriable." The amendment then prescribes a set percentage for expenditure each year. There is no allowance of amounts necessary to meet unforeseen disaster emergencies. The State needs to have a rainy day fund for atrocities such as earthquakes and other natural disasters. 1994-04-08 House Journal Page 3189 HJR 48 4. Assumptions - The plan is based on the Department of Revenue's fall 1993 mid-case revenue projections, and assumes an annual total rate of return for the Permanent Fund of 10 percent and an annual inflation rate of 4 percent. The Alaska Permanent Fund Corporation's projections are based on the low-case revenue projections, and assume a long-term average rate of return for the Permanent Fund of 9 percent and a long-term average rate of inflation of 6 percent. Long term market history does not support conservative investments returning 2 1/2 times the inflation rate. The "Cremo" plan assumes some combination of state spending cuts and revenue increases. Given the plan's assumptions, a 12 percent annual increase in conventional revenues and a $30 million cut in annual state spending would eliminate the fiscal gap. This is a tremendous statement when no one has the ability to predict future deposits into the fund up to the year 2006. 5. Appointments to the Board of Directors - The directors of the corporation should not be subject to confirmation. Under the present approach used in the constitution, only department heads and the heads of quasi-judicial boards are subject to confirmation. The corporation would be the trustee of the source of most of the expendable money of the state. There could be an inherent conflict of interest if the legislature shares the power to make appointments to the board. 6. The Transition Period - The plan provides for a higher but gradually reduced withdrawal rate during a 10-year transition period in order to minimize the negative consequences of the fiscal gap. The proposed constitutional amendment states that the withdrawal rate shall decrease geometrically throughout the transition period, but does not provide specific details. This ambiguity should be cleared up. We lack sufficient information to know whether the percentages proposed beginning in fiscal year 1996 and thereafter will have the effect of depleting the corpus, or leave it unprotected from the effects of inflation. 7. Relevant Taxation - There needs to be a more cogent clarification of the kinds of taxes that go into the fund under this proposal. Resource related personal income should not be included. 1994-04-08 House Journal Page 3190 HJR 48 3) A Proposal For Further Action By the Legislature Before the legislature and the citizens of this state will approve this plan, they need to be convinced that it is clearly an improvement over the status quo. While there are some positive and intriguing aspects of HJR 48 there are also a number of undesirable outcomes which might occur should actual conditions in the future vary significantly from the assumptions upon which the plan is based. Indeed, the consequences for Alaska of this plan are too serious to rush a study. The subcommittee believes that it would be beneficial to the state and its citizens to establish a long-range plan that organizes the state's approach to handling its finances. It is for these reasons and the aforementioned concerns that the subcommittee proposes the establishment of a blue ribbon task force comprised from all branches of government, as well as technical experts in the field, that would thoroughly investigate the concept contained in HJR 48 and other feasible long-term financial plans. Unfortunately, there is not time enough during the current legislature to complete the study and think the task force should meet during the interim. We feel that further action, at this time, on this issue falls under the purview of the Finance Committee." The following fiscal notes apply to HJR 48: Fiscal note, Office of the Governor, 4/8/94 Zero fiscal note, Dept. of Revenue, 4/8/94 HJR 48 was referred to the Finance Committee. HB 153 The Judiciary Committee has considered: HOUSE BILL NO. 153 "An Act related to sentencing." and recommends it be replaced with: CS FOR HOUSE BILL NO. 153(JUD) "An Act related to the awarding of special good time deductions for prisoners participating in the Point MacKenzie Rehabilitation Project; and providing for an effective date." 1994-04-08 House Journal Page 3191 HB 153 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, Kott, James, Porter, Phillips, Nordlund No recommendation (1): Davidson The following fiscal note applies to CSHB 153(JUD): Zero fiscal note, Dept. of Corrections, 4/8/94 HB 153 was referred to the Finance Committee. HB 337 The Judiciary Committee has considered: HOUSE BILL NO. 337 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers." and recommends it be replaced with: CS FOR HOUSE BILL NO. 337(JUD) "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Porter, Phillips, Nordlund, Davidson No recommendation (1): Kott The following fiscal notes apply to CSHB 337(JUD): Zero fiscal note, Dept. of Corrections, 3/4/94 Zero fiscal note, Dept. of Public Safety, 3/4/94 Zero fiscal note, Dept. of Law, 3/4/94 1994-04-08 House Journal Page 3192 HB 337 HB 337 was referred to the Rules Committee for placement on the calendar. HB 357 The Resources Committee has considered: HOUSE BILL NO. 357 "An Act confirming and ratifying the conversion of certain former mental health to general grant land and disposals of that land, canceling the lis pendens notices recorded in state public records against third-party holdings of former mental health trust land, and urging the attorney general to seek the dissolution of a related injunction; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (1): James Do not pass (1): Finkelstein No recommendation (1): Bunde Amend (5): Hudson, Carney, Green, Davies, Williams The following fiscal note applies to HB 357: Zero fiscal note, Dept. of Natural Resources, 4/8/94 Zero fiscal note, Dept. of Law, 4/8/94 HB 357 was referred to the Judiciary Committee. HB 392 The Finance Committee has considered: HOUSE BILL NO. 392 "An Act relating to the confidentiality of permanent fund dividend application information; relating to the permanent fund dividend program; and providing for an effective date." 1994-04-08 House Journal Page 3193 HB 392 and recommends it be replaced with: CS FOR HOUSE BILL NO. 392(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Larson, Parnell Do not pass (1): Martin No recommendation (5): Hanley, Grussendorf, Therriault, Hoffman, Brown The following fiscal note applies to CSHB 392(FIN): Zero fiscal note, Dept. of Revenue, 3/4/94 HB 392 was referred to the Rules Committee for placement on the calendar. HB 417 The Judiciary Committee has considered: HOUSE BILL NO. 417 "An Act relating to the possession of deadly weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools; and relating to school lockers and other containers provided in a public or private school by the school or the school district." and recommends it be replaced with: CS FOR HOUSE BILL NO. 417(JUD) "An Act relating to the possession of weapons within the grounds of or on the parking lot of preschools, elementary, junior high, and secondary schools or while participating in a school-sponsored event; and relating to school lockers and other containers provided in a public or private school by the school or the school district." 1994-04-08 House Journal Page 3194 HB 417 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Nordlund, Green, James, Porter No recommendation (2): Kott, Phillips The following fiscal notes apply to CSHB 417(JUD): Zero fiscal note, Dept. of Public Safety, 2/24/94 Zero fiscal note, Dept. of Law, 2/24/94 HB 417 was referred to the Rules Committee for placement on the calendar. HB 498 The Finance 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(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): MacLean, Larson, Hanley, Parnell, Therriault, Foster Do not pass (1): Brown No recommendation (1): Grussendorf The following fiscal note applies to CSHB 498(FIN): Fiscal note, Dept. of Revenue, 3/29/94 1994-04-08 House Journal Page 3195 HB 498 HB 498 was referred to the Rules Committee for placement on the calendar. HB 502 The Community & Regional Affairs Committee has considered: HOUSE BILL NO. 502 "An Act relating to mandated municipal activities or services." and recommends it be replaced with: CS FOR HOUSE BILL NO. 502(CRA) (same title) The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Bunde, Williams, Toohey No recommendation (3): Sanders, Willis, Olberg The following fiscal note applies to CSHB 502(CRA): Zero fiscal note, Dept. of Community & Regional Affairs, 4/8/94 HB 502 was referred to the Finance Committee. HB 524 The Judiciary Committee has considered: HOUSE BILL NO. 524 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, James, Porter Amend (1): Nordlund 1994-04-08 House Journal Page 3196 HB 524 A House Judiciary Committee letter of intent for HB 524, signed by Representative Porter, Chair, appears below: "It is the intent of the House Judiciary Committee to request the House Finance Committee to consider an amendment to HB 524. The amendment would state that if a person is arrested according to the provisions of HB 524, which provide for a warrantless arrest, that the person receive an immediate hearing before a judge or magistrate. This amendment would minimize to the greatest extent possible the amount of time the person is held without a warrant." The following fiscal notes apply to HB 524: Fiscal note, Dept. of Corrections, 3/9/94 Zero fiscal notes (2), Dept. of Administration, 3/9/94 Zero fiscal note, Dept. of Law, 3/9/94 Zero fiscal note, Dept. of Public Safety, 3/9/94 HB 524 was referred to the Finance Committee. HB 531 The State Affairs Committee has considered: HOUSE BILL NO. 531 "An Act relating to the existence and functions of certain multimember state bodies, including boards, councils, commissions, associations, or authorities; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 531(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: 1994-04-08 House Journal Page 3197 HB 531 Do pass (3): Vezey, Kott, Sanders No recommendation (2): Olberg, Ulmer The following fiscal notes apply to CSHB 531(STA): Zero fiscal notes (2), Dept. of Labor, 4/8/94 Zero fiscal notes (2), Dept. of Education, 3/11/94 Zero fiscal notes (2), Dept. of Commerce & Economic Development, 3/11/94 Zero fiscal note, Dept. of Natural Resources, 3/11/94 Zero fiscal note, Dept. of Corrections, 3/11/94 Zero fiscal note, Dept. of Community & Regional Affairs, 3/11/94 HB 531 was referred to the Rules Committee for placement on the calendar. HB 534 The Labor & Commerce Committee has considered: HOUSE BILL NO. 534 "An Act relating to insurance, to the licensing, accreditation, examination, regulation, and solvency of persons engaged in the insurance business, including insurers, nonadmitted insurers, purchasing groups, risk retention groups, and United States branches of alien insurers; relating to the management of and the filing of reports by persons licensed or otherwise doing business under the insurance code; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 534(L&C) (same title) The report was signed by Representative Hudson, Chair, with the following individual recommendations: 1994-04-08 House Journal Page 3198 HB 534 Do pass (4): Porter, Mulder, Green, Hudson No recommendation (2): Sitton, Williams The following fiscal note applies to CSHB 534(L&C): Zero fiscal note, Dept. of Commerce & Economic Development, 4/8/94 HB 534 was referred to the Judiciary Committee. **The presence of Representative Larson was noted. SCR 13 The Resources Committee has considered: SENATE CONCURRENT RESOLUTION NO. 13 Relating to the Gold Rush Centennial Decade. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (6): Hudson, Carney, James, Finkelstein, Williams, Mulder Amend (1): Green The following fiscal note applies to SCR 13: Senate zero fiscal note, Senate Resources Committee, 2/18/94 SCR 13 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Jim Ayers By Representatives Ulmer, Hudson; Senator Duncan 1994-04-08 House Journal Page 3199 Honoring - Craig Academic Decathlon Team By Senator Zharoff; Representative Mackie ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon at ease, 4/8 The Speaker stated that the House would stand at ease to a call of the Chair. And so, the House stood at ease at 10:40 a.m. AFTER AT EASE The House was called back to order at 11:06 a.m. **The presence of Representative MacLean was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 259 The following was read the second time: HOUSE BILL NO. 259 "An Act relating to general grant land entitlements for certain boroughs and unified municipalities; and providing for an effective date." with the: Journal Page CRA RPT 2DP 5NR 2307 -2 ZERO FISCAL NOTES (DCRA, DNR) 2/9/94 2308 RES RPT 5DP 4NR 2926 -2 PREVIOUS ZERO FNS (DNR, DCRA) 2/9/94 2926 FIN RPT 3DP 3NR 1AM 3175 -2 PREVIOUS ZERO FNS (DNR,DCRA) 2/9/94 3176 1994-04-08 House Journal Page 3200 HB 259 Amendment No. 1 was offered by Representative Finkelstein: Page 2, line 2: Delete "187,000" Insert "120,000" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Moses objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HB 259 Second Reading Amendment No. 1 YEAS: 14 NAYS: 20 EXCUSED: 2 ABSENT: 4 Yeas: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Grussendorf, Martin, Menard, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Williams Excused: Mackie, Navarre Absent: Davidson, Hoffman, Toohey, Vezey And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Brice and Sitton: Page 1, line 11: Delete "112,000" Insert "172,000 [112,000]" 1994-04-08 House Journal Page 3201 HB 259 Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Williams objected. Representative Ulmer placed a call of the House. Representative Brice moved and asked unanimous consent that Amendment No. 2 be withdrawn. There being no objection, it was so ordered. New Amendment No. 2 was offered by Representative Brice: Page 1, line 7: Delete "44,893" Insert "64,893 [44,893]" Page 1, line 8: Delete "19,584" Insert "29,584 [19,584]" Page 1, line 9: Delete "10,500" Insert "11,500 [10,500]" Page 1, line 11: Delete "112,000" Insert "172,000 [112,000]" Page 2, line 3: Delete "355,210" Insert "432,210 [355,210]" Representative Brice moved and asked unanimous consent that New Amendment No. 2 be adopted. 1994-04-08 House Journal Page 3202 HB 259 Representative Phillips objected. Amendment to New Amendment No. 2 was offered by Representative Brice: Add the following: Page 1, line 14: Delete "11,593" Insert "30,000 [11,593]" Representative Brice moved and asked unanimous consent that the amendment to New Amendment No. 2 be adopted. Representative Phillips objected. Representative Grussendorf moved and asked unanimous consent that the question be divided. The Speaker ruled that the question was not divisible. Representative Brice moved and asked unanimous consent to withdraw the amendment to New Amendment No. 2. There being no objection, it was so ordered. Representative Brice moved and asked unanimous consent to withdraw New Amendment No. 2. There being no objection, it was so ordered. Amendment No. 2 was again offered by Representative Brice (page 3200). Representative Brice moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Phillips objected. 1994-04-08 House Journal Page 3203 HB 259 Amendment to Amendment No. 2 was offered by Representative Finkelstein: Add the following: Page 1, line 12: Delete "2,800" Insert "52,800 [2,800]" Representative Finkelstein moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. Objection was heard and withdrawn. There being no further objection, the amendment to Amendment No. 2 was adopted. Representative Hanley moved and asked unanimous consent that Amendment No. 2 as amended be tabled. Representative Davidson objected. The question being: "Shall Amendment No. 2 as amended be tabled?" The roll was taken with the following result: HB 259 Second Reading Amendment No. 2 as amended Table YEAS: 27 NAYS: 11 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams, Willis Nays: Brice, Brown, Davidson, Davies, Finkelstein, Grussendorf, Menard, Nordlund, Sitton, Ulmer, Vezey 1994-04-08 House Journal Page 3204 HB 259 Excused: Mackie, Navarre And so, the motion passed and Amendment No. 2 as amended was tabled. Amendment No. 3 was offered by Representative Brown: Page 1, line 7: Delete "44,893" Insert "64,893 [44,893]" Representative Brown moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Phillips objected. Representative Mulder moved and asked unanimous consent that Amendment No. 3 be tabled. Objection was heard. The question being: "Shall Amendment No. 3 be tabled?" The roll was taken with the following result: HB 259 Second Reading Amendment No. 3 Table YEAS: 26 NAYS: 12 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Menard, Nicholia, Nordlund, Sitton, Ulmer 1994-04-08 House Journal Page 3205 HB 259 Excused: Mackie, Navarre And so, the motion passed and Amendment No. 3 was tabled. Amendment No. 4 was not offered. Amendment No. 5 was offered by Representative Grussendorf: Page 1, line 9: Delete "10,500" Insert "11,000 [10,500]" Representative Grussendorf moved and asked unanimous consent that Amendment No. 5 be adopted. Representative Phillips objected. Representative Grussendorf moved and asked unanimous consent to withdraw Amendment No. 5. There being no objection, it was so ordered. The Speaker ruled that Amendment No. 6 was out of order. Amendments No. 7 through 10 were not offered. Representative Phillips moved and asked unanimous consent that HB 259 be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that HB 259 will be in third reading on the April 11, 1994, calendar. 1994-04-08 House Journal Page 3206 HB 365 The following was read the second time: HOUSE BILL NO. 365 "An Act extending the termination date of the Board of Barbers and Hairdressers; and providing for an effective date." with the: Journal Page HES RPT 5DP 1NR 2828 -ZERO FISCAL NOTE (DCED) 3/16/94 2828 FIN REFERRAL WAIVED 3163 Representative Phillips moved and asked unanimous consent that HB 365 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 365 was read the third time. The question being: "Shall HB 365 pass the House?" The roll was taken with the following result: HB 365 Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, Kott, Larson, Menard, Moses, Mulder, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Carney, Davies, Hoffman, James, Martin, Olberg, Sitton, Therriault Excused: Mackie, Navarre Absent: MacLean 1994-04-08 House Journal Page 3207 HB 365 Kott changed from "Nay" to "Yea". James changed from "Yea" to "Nay". And so, HB 365 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 365 was referred to the Chief Clerk for engrossment. HB 538 The following was read the second time: HOUSE BILL NO. 538 "An Act relating to uniform claims forms, uniform standards, and uniform procedures for processing data relating to billing and payment of health care services; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 5DP 3103 -ZERO FISCAL NOTE (DCED) 3/31/94 3104 FIN REFERRAL WAIVED 3163 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. 538(L&C) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 538(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 538(L&C) was read the third time. 1994-04-08 House Journal Page 3208 HB 538 The question being: "Shall CSHB 538(L&C) pass the House?" The roll was taken with the following result: CSHB 538(L&C) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Mackie, Navarre Absent: MacLean And so, CSHB 538(L&C) 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 Brice gave notice of reconsideration of his vote on CSHB 538(L&C). HB 543 The following was read the second time: HOUSE BILL NO. 543 "An Act relating to unvented gas space heaters in residential buildings." with the: Journal Page STA RPT CS(STA) 3DP 1NR 3180 -ZERO FISCAL NOTE (LABOR) 4/7/94 3180 1994-04-08 House Journal Page 3209 HB 543 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. 543(STA) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 543(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 543(STA) was read the third time. The question being: "Shall CSHB 543(STA) pass the House?" The roll was taken with the following result: CSHB 543(STA) Third Reading Final Passage YEAS: 35 NAYS: 2 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Davies Excused: Mackie, Navarre Absent: MacLean And so, CSHB 543(STA) passed the House and was referred to the Chief Clerk for engrossment. 1994-04-08 House Journal Page 3210 LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citation on the calendar. There being no objection, the following citation was approved and sent to enrolling: Honoring - Amanda Bouffioux, Environmental Awareness Summer Youth Practicum Award By Representatives MacLean, Brice, Davies, Hoffman, James, Menard, Navarre, Nicholia, Ulmer, Willis; Senator Adams UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Williams - from 2:30 p.m., April 8 to 10:00 p.m., plane time, April 10, 1994 Representative Sanders - from 2:30 p.m., April 8 to 10:00 a.m., plane time, April 11, 1994 (amended from page 2915) Representative Vezey - from 5:00 p.m., April 8 to 10:00 a.m., plane time, April 12, 1994 (amended from page 2740) Representative Mulder - from 6:30 p.m., April 15 to 10:00 a.m., plane time, April 17, 1994 There being no objection, it was so ordered. HJR 47 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE JOINT RESOLUTION NO. 47 Relating to schools on military installations. HJR 47 was sent to the Rules Committee for placement on the calendar. 1994-04-08 House Journal Page 3211 HB 534 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: HOUSE BILL NO. 534 "An Act relating to insurance, to the licensing, accreditation, examination, regulation, and solvency of persons engaged in the insurance business, including insurers, nonadmitted insurers, purchasing groups, risk retention groups, and United States branches of alien insurers; relating to the management of and the filing of reports by persons licensed or otherwise doing business under the insurance code; amending Alaska Rule of Civil Procedure 45; and providing for an effective date." HB 534 was sent to the Finance Committee. ANNOUNCEMENTS House committee schedules are published daily under separate cover. Judiciary Committee Capitol 12015 min. after recess, 4/8 Representative Phillips moved and asked unanimous consent that the House recess until 6:00 p.m. There being no objection, it was so ordered and the House recessed at 1:08 p.m. AFTER RECESS The House was called back to order at 6:30 p.m. Representative Phillips moved and asked unanimous consent that the House revert to Messages from the Senate. There being no objection, the House reverted to: 1994-04-08 House Journal Page 3212 MESSAGES FROM THE SENATE A message dated April 8, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 255 CS FOR SENATE BILL NO. 255(STA) by the Senate State Affairs Committee, entitled: "An Act establishing a comprehensive policy relating to human resource development in the state." was read the first time and referred to the Community & Regional Affairs Committee. SB 310 CS FOR SENATE BILL NO. 310(RES) by the Senate Resources Committee, entitled: "An Act relating to the management and sale of state timber and relating to the administration of forest land." was read the first time and referred to the Resources Committee. REPORTS OF STANDING COMMITTEES The Health, Education & Social Services Committee has reviewed the qualifications of the following and recommends the appointments be forwarded to a joint session for consideration: John N. Hansen as a member of the Athletic Commission; 1994-04-08 House Journal Page 3213 Mariann Stoffel as a member of the Board of Barbers and Hairdressers; Trevor V. Ireland, DC William F. Risch, DC Virginia C. Phillips as members of the Board of Chiropractic Examiners; James W. Henkelman, LCSW Martha Houck, MSWLCSW as members of the Board of Clinical Social Work Examiners; James R. Arneson, DDS Susan L. Cameron, RDH Roger K. Eichman, DDS Ann H. McCoy Phyllis L. Pendergrast, DMD as members of the Board of Dental Examiners; Alicia L. Musser Cynde M. Oleck as members of the Board of Dispensing Opticians; John E. Hotzfield June Nelson as members of the State Board of Education; Randall G. Jones as a member of the Board of Marital and Family Therapy; Paula Korn, CNM as a member of the Board of Certified Direct-Entry Midwives; 1994-04-08 House Journal Page 3214 J.K. Casteel, RN, PhD as a member of the Board of Nursing; Kathy S. Lockhart, RN Rose Palmquist as members of the Board of Nursing Home Administrators; James Matson, OD as a member of the Board of Examiners in Optometry; Patricia H. Douglas as a member of the Board of Pharmacy; Ann P. Mattson Mary Pomeroy, PT as members of the State Physical Therapy and Occupational Therapy Board; Thomas L. Matheson Christine A. Niemi Karen J. Noordhoff Mildred J. Wedel as members of the Professional Teaching Practices Commission; Linda Hellenthal Dorothy G. Whitmore, Ed.D as members of the Board of Psychologist and Psychological Associate Examiners; Scott A. Otterbacher as a member of the University of Alaska Board of Regents; and, 1994-04-08 House Journal Page 3215 Jonathan P. Bettridge, DVM Deanna J. Thornell, DVM as members of the Board of Veterinary Examiners. The reports did not reflect an intent by any of the members to vote for or against these individuals during any further sessions for the purposes of confirmation. The reports were signed by Representatives Toohey and Bunde, Co- chairs, and Representatives G.Davis, Kott, Brice, Vezey, Olberg and Nicholia. HJR 60 The Judiciary Committee has considered: HOUSE JOINT RESOLUTION NO. 60 Relating to an amendment to the Constitution of the United States prohibiting federal courts from ordering a state or a political subdivision of a state to increase or impose taxes. The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Kott, James, Porter No recommendation (3): Green, Nordlund, Davidson The following fiscal note applies to HJR 60: Zero fiscal note, Office of the Governor, 3/9/94 HJR 60 was referred to the Rules Committee for placement on the calendar. HB 360 The Judiciary Committee has considered: 1994-04-08 House Journal Page 3216 HB 360 HOUSE BILL NO. 360 "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 360(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (3): Green, James, Porter No recommendation (3): Kott, Nordlund, Davidson The following fiscal note applies to CSHB 360(JUD): Zero fiscal note, Dept. of Law, 3/28/94 HB 360 was referred to the Rules Committee for placement on the calendar. HB 362 The Judiciary Committee has considered: HOUSE BILL NO. 362 "An Act establishing the crime of aiding the nonpayment of child support." and recommends it be replaced with: CS FOR HOUSE BILL NO. 362(HES) "An Act relating to the statute of limitations for actions brought upon a child support judgment; and establishing the crime of aiding the nonpayment of child support." The report was signed by Representative Porter, Chair, with the following individual recommendations: 1994-04-08 House Journal Page 3217 HB 362 Do pass (2): Porter, Nordlund Do not pass (1): James No recommendation (1): Green Amend (1): Kott The following fiscal note applies to CSHB 362(HES): Zero fiscal note, Dept. of Revenue, 3/28/94 HB 362 was referred to the Rules Committee for placement on the calendar. HB 539 The Labor & Commerce Committee has considered: HOUSE BILL NO. 539 "An Act extending the Alaska Public Utilities Commission; and relating to regulation of public utilities and to regulatory cost charges." and recommends it be replaced with: CS FOR HOUSE BILL NO. 539(L&C) "An Act extending and relating to the Alaska Public Utilities Commission; and relating to regulation of public utilities and to regulatory cost charges; and providing for an effective date." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (2): Porter, Mulder Do not pass (1): Sitton No recommendation (4): Mackie, Williams, Green, Hudson 1994-04-08 House Journal Page 3218 HB 539 The following fiscal notes apply to CSHB 539(L&C): Fiscal note, Dept. of Commerce & Economic Development, 4/8/94 Zero fiscal note, Dept. of Revenue, 4/8/94 HB 539 was referred to the Finance Committee. SCR 16 The Resources Committee has considered: SENATE CONCURRENT RESOLUTION NO. 16 Relating to release of nonproprietary geographic information system files in possession of the state. The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (8): Hudson, Carney, Green, James, Mulder, Williams, Bunde, Finkelstein The following fiscal note applies to SCR 16: Senate zero fiscal note, Dept. of Natural Resources, 3/14/94 SCR 16 was referred to the Rules Committee for placement on the calendar. SB 160 The Health, Education & Social Services Committee has considered: SENATE BILL NO. 160 "An Act relating to memorial scholarship loans." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): Kott, G.Davis, Bunde, Toohey No recommendation (1): Vezey 1994-04-08 House Journal Page 3219 SB 160 The following fiscal notes apply to SB 160: Senate zero fiscal note, Dept. of Public Safety, 1/24/94 Senate zero fiscal note, Dept. of Education, 1/24/94 SB 160 was referred to the Finance Committee. REPORTS OF SPECIAL COMMITTEES HB 69 The Conference Committee considering: CS FOR HOUSE BILL NO. 69(FIN) "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." and SENATE CS FOR CS FOR HOUSE BILL NO. 69(RLS) am S (same title) requests limited powers of free conference to resolve the remaining differences on the following points: (1) The provision in the findings section relating to the balancing of the need for public disclosure with the interests of minor victims. SCS CSHB 69(RLS) am S: Bill section 1, lines 9 and 10. No comparable section exists in CSHB 69(FIN). (2) The provisions that relate to the withholding of certain information about sex offenders if such disclosure would compromise the privacy interests of a minor. SCS CSHB 69(RLS) am S: Bill section 5, lines 23 - 28. No comparable section exists in CSHB 69(FIN). The request was signed by Representative Phillips, Chair, and Senator Taylor, Chair. 1994-04-08 House Journal Page 3220 HB 69 The Speaker granted the limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS SB 310 Representative Olberg added his name as cross-sponsor to: CS FOR SENATE BILL NO. 310(RES) "An Act relating to the management and sale of state timber and relating to the administration of forest land." ENGROSSMENT HB 365 HB 365 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 448 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. 448(RES) "An Act relating to waste and use of salmon and parts of salmon; relating to permits for and operation of a salmon hatchery; and providing for an effective date." HB 543 CSHB 543(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-08 House Journal Page 3221 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 11:00 a.m., April 11, 1994. There being no objection, the House adjourned at 6:37 p.m. Suzi Lowell Chief Clerk