Legislature(1993 - 1994)
1994-04-12 House Journal
Full Journal pdf1994-04-12 House Journal Page 3365 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday April 12, 1994 Ninety-third Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:26 a.m. Roll call showed 40 members present. The invocation was offered by the Chaplain, Emmett Thompson of the Juneau Baha'i Faith. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O Thou merciful God! O Thou Who art mighty and powerful! O Thou most kind Father! These servants have gathered together, turning to Thee, supplicating Thy threshold, desiring Thine endless bounties from Thy great assurance. They have no purpose save Thy good pleasure. They have no intention save service to the world of humanity. O God! Make this assemblage radiant. Make the hearts merciful. Confer the bounties of the Holy Spirit. Endow them with a power from heaven. Bless them with heavenly minds. Increase their sincerity so that with all humility and contrition they may turn to Thy Kingdom and be occupied with service to the world of humanity. May each one become a radiant candle. May each one become a brilliant star. May each one become beautiful in color and redolent of fragrance in the Kingdom of God. O kind Father! Confer Thy blessings. Consider not our shortcomings. Shelter us under Thy 1 1994-04-12 House Journal Page 3366 protection. Remember not our sins. Heal us with Thy mercy. We are weak; Thou art mighty. We are poor; Thou art rich. We are sick; Thou art the Physician. We are needy; Thou art most generous. O God! Endow us with Thy providence. Thou art the Powerful! Thou art the Giver! Thou art the Beneficent! 'Abdu'l-Baha" The Pledge of Allegiance was led by Representative Sitton. MESSAGES FROM THE SENATE HB 69 A message dated April 11, 1994, was read stating the President has granted limited powers of free conference to the Senate members of 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) The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 3220. A message dated April 11, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: 1994-04-12 House Journal Page 3367 FIRST READING AND REFERENCE OF SENATE BILLS SB 227 SENATE BILL NO. 227 by Senator Kerttula, entitled: "An Act relating to terminal rental adjustment clauses for motor vehicles and trailers." was read the first time and referred to the Transportation and State Affairs Committees. SB 293 SENATE BILL NO. 293 by Senators Jacko and Zharoff, entitled: "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law." was read the first time and referred to the Resources and Judiciary Committees. SB 355 CS FOR SENATE BILL NO. 355(RES) by the Senate Resources Committee, entitled: "An Act relating to errors in surveys of land." was read the first time and referred to the State Affairs and Resources Committees. 1994-04-12 House Journal Page 3368 COMMUNICATIONS The following report is on file in Chief Clerk's office: Dept. of Health & Social Services Division of Family and Youth Services 1994 Report on Runaway Programs (as required by AS 47.10.300) REPORTS OF STANDING COMMITTEES HB 334 The Finance Committee has considered: HOUSE BILL NO. 334 "An Act relating to criminal sentencing; and relating to mandatory life imprisonment, parole, good time credit, pardon, commutation of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions." and recommends it be replaced with: CS FOR HOUSE BILL NO. 334(FIN) "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to terms of imprisonment, parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three serious felony convictions; and amending Alaska Rule of Criminal Procedure 35." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do not pass (2): MacLean, Brown No recommendation (5): Larson, Hanley, Martin, Parnell, Therriault 1994-04-12 House Journal Page 3369 HB 334 The following fiscal notes apply to CSHB 334(FIN): Fiscal notes (2), Dept. of Administration, 4/12/94 Fiscal note, Alaska Court System, 4/12/94 Fiscal note, Dept. of Law, 4/12/94 Zero fiscal note, Dept. of Corrections, 4/12/94 HB 334 was referred to the Rules Committee for placement on the calendar. HB 351 The Finance Committee has considered: HOUSE BILL NO. 351 "An Act relating to the issuance of permits for the carrying of a concealed weapon." and recommends it be replaced with: CS FOR HOUSE BILL NO. 351(FIN) "An Act relating to permits for the carrying of a concealed handgun; providing for local option elections in municipalities and established villages to prohibit the possession of a concealed handgun under a permit; and relating to the possession of weapons." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (6): Martin, Hanley, Parnell, Grussendorf, Therriault, Foster Do not pass (1): MacLean No recommendation (3): Larson, Navarre, Brown The following fiscal notes apply to CSHB 351(FIN): Fiscal note, Office of the Governor, 4/12/94 Fiscal note, Dept. of Public Safety, 3/25/94 Zero fiscal note, Dept. of Law, 3/25/94 1994-04-12 House Journal Page 3370 HB 351 HB 351 was referred to the Rules Committee for placement on the calendar. HB 400 The Finance Committee has considered: HOUSE BILL NO. 400 "An Act relating to administrative proceedings involving a determination of eligibility for a permanent fund dividend or authority to claim a dividend on behalf of another." The report was signed by Representative Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (1): Larson No recommendation (7): MacLean, Hanley, Martin, Grussendorf, Navarre, Brown, Foster Amend (1): Parnell The following fiscal note applies to HB 400: Fiscal note, Dept. of Revenue, 4/12/94 HB 400 was referred to the Rules Committee for placement on the calendar. HB 430 The Finance Committee has considered: HOUSE BILL NO. 430 "An Act requiring certain applicants for a driver's license to take a driver training course." and recommends it be replaced with: 1994-04-12 House Journal Page 3371 HB 430 CS FOR HOUSE BILL NO. 430(FIN) "An Act relating to driver's licensing; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (1): Martin Do not pass (2): Grussendorf, Navarre No recommendation (6): MacLean, Larson, Hanley, Parnell, Brown, Therriault The following fiscal note applies to CSHB 430(FIN): Zero fiscal note, Dept. of Public Safety, 4/5/94 HB 430 was referred to the Rules Committee for placement on the calendar. HB 490 The Finance Committee has considered: HOUSE BILL NO. 490 "An Act allowing a local bidder preference in certain contracts for school construction." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (3): MacLean, Grussendorf, Foster No recommendation (6): Larson, Hanley, Martin, Parnell, Brown, Therriault 1994-04-12 House Journal Page 3372 HB 490 The following fiscal note applies to HB 490: Fiscal note, Dept. of Education, 3/18/94 HB 490 was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citation was introduced and referred to the Rules Committee for placement on the calendar: Honoring - Mary J. Reeves By Representatives Ulmer, Hudson; Senator Duncan CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 341 The following was read the second time: HOUSE BILL NO. 341 "An Act relating to physician assistants; and providing for an effective date." with the: Journal Page HES RPT CS(HES) NEW TITLE 4DP 4NR 2862 -2 FISCAL NOTES (DHSS) 3/18/94 2863 -2 ZERO FISCAL NOTES (LABOR, DCED) 3/18 2863 FIN RPT CS(HES) NEW TITLE 6DP 2NR 3231 -3 ZERO FNS (2-H.FIN/DHSS,DCED) 4/11 3231 -2 PREVIOUS ZERO FNS (LABOR,DCED) 3/18 3231 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1994-04-12 House Journal Page 3373 HB 341 CS FOR HOUSE BILL NO. 341(HES) "An Act relating to physician assistants; reordering the priorities given to optional Medicaid services; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 341(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 341(HES) was read the third time. The question being: "Shall CSHB 341(HES) pass the House?" The roll was taken with the following result: CSHB 341(HES) 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, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Hanley Absent: Menard Brown changed from "Nay" to "Yea". Carney changed from "Nay" to "Yea". G.Davis changed from "Nay" to "Yea". Hoffman changed from "Nay" to "Yea". Mulder changed from "Nay" to "Yea". Bunde changed from "Nay" to "Yea". Mackie changed from "Nay" to "Yea". 1994-04-12 House Journal Page 3374 HB 341 Nicholia changed from "Nay" to "Yea". Ulmer changed from "Nay" to "Yea". Hudson changed from "Nay" to "Yea". Davidson changed from "Nay" to "Yea". Grussendorf changed from "Nay" to "Yea". Nordlund changed from "Nay" to "Yea". Therriault changed from "Nay" to "Yea". Sanders changed from "Nay" to "Yea". Williams changed from "Nay" to "Yea". Willis changed from "Nay" to "Yea". Moses changed from "Nay" to "Yea". Phillips changed from "Nay" to "Yea". Kott changed from "Nay" to "Yea". And so, CSHB 341(HES) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 341(HES) was referred to the Chief Clerk for engrossment. HB 427 The following was read the second time: HOUSE BILL NO. 427 "An Act relating to compensation for members of the Local Boundary Commission." with the: Journal Page CRA RPT 4DP 2NR 2519 -FISCAL NOTE (DCRA) 2/24/94 2519 FIN RPT 2DP 2DNP 5NR 3233 -PREVIOUS FISCAL NOTE (DCRA) 2/24/94 3233 Representative Phillips moved and asked unanimous consent that HB 427 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-04-12 House Journal Page 3375 HB 427 HB 427 was read the third time. The question being: "Shall HB 427 pass the House?" The roll was taken with the following result: HB 427 Third Reading Final Passage YEAS: 24 NAYS: 15 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Hoffman, Hudson, Larson, Martin, Moses, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Nays: Brown, Carney, Green, Grussendorf, Hanley, James, Kott, Mackie, MacLean, Mulder, Navarre, Nicholia, Parnell, Therriault, Vezey Absent: Menard James changed from "Yea" to "Nay". And so, HB 427 passed the House. Representative Ulmer gave notice of reconsideration of her vote on HB 427. HB 506 The following was read the second time: HOUSE BILL NO. 506 "An Act relating to student loans; to sanctions for defaulting on a student loan, including denial of a state occupational license or disbursement of state money; and providing for an effective date." 1994-04-12 House Journal Page 3376 HB 506 with the: Journal Page HES RPT CS(HES) 3DP 4NR 2AM 2720 -FISCAL NOTE (DCED) 3/11/94 2721 -ZERO FISCAL NOTE (DOE) 3/11/94 2721 L&C RPT CS(L&C) 5DP 2996 -FISCAL NOTE (ADM) 3/28/94 2996 -PREVIOUS FISCAL NOTE (DCED) 3/11/94 2996 -PREVIOUS ZERO FISCAL NOTE (DOE) 3/11/94 2996 FIN RPT CS(FIN) NEW TITLE 3DP 5NR 1AM 3234 -FISCAL NOTE (DOE) 4/11/94 3235 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. 506(FIN) "An Act relating to student loans; to sanctions for defaulting on a student loan, including denial of a state occupational license; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Martin: Page 1, lines 1 - 2 (title amendment): Delete ", including denial of a state occupational license" Page 1, line 5, through page 2, line 7: Delete all material. Page 2, line 8: Delete "Sec. 2." Insert "Section 1." Renumber the following bill sections accordingly. Page 2, lines 20 - 31: Delete all material. 1994-04-12 House Journal Page 3377 HB 506 Renumber the following bill sections accordingly. Page 6, line 20: Delete "Sections 5, 6, 7, and 8" Insert "Sections 3, 4, 5, and 6" Page 6, line 21: Delete "sec. 9" Insert "sec. 7" Representative Martin moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Bunde objected. The Speaker stated that the House would recess until 1:00 p.m. And so, the House recessed at 12:28 p.m. AFTER RECESS The House was called back to order at 1:25 p.m. SECOND READING OF HOUSE BILLS (continued) HB 506 The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 506(FIN) Second Reading Amendment No. 1 YEAS: 11 NAYS: 26 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brice, Carney, B.Davis, Kott, Mackie, Martin, Nordlund, Therriault, Ulmer, Willis 1994-04-12 House Journal Page 3378 HB 506 Nays: Brown, Bunde, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Larson, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Vezey, Williams Absent: Davidson, Hoffman, Toohey And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representatives Bunde and Davidson: Page 2, lines 13 - 19: Delete all material and insert: "(2) necessary to pay the administrative cost of the student loan program that is represented by the loan." Page 2, after line 31: Insert a new bill section to read: "*Sec. 4. AS 14.43.120 is amended by adding a new subsection to read: (v) In determining a rate of interest under (f)(2) of this section (1) The commission shall use a method that ensures that the rate of interest is as low as possible without precluding the ability of the commission to administer loans made under AS 14.43.090 - 14.43.160; and (2) the total amount charged for administrative costs of the student loan program may not exceed two and one-half percent above the amount determined under (f)(1) of this section." Renumber the following bill sections accordingly. Page 6, line 20: Delete "Sections 5, 6, 7, and 8" Insert "Sections 6, 7, 8, and 9" 1994-04-12 House Journal Page 3379 HB 506 Page 6, line 21: Delete "sec. 9" Insert "sec. 10" Representative Bunde moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered. Amendment No. 4 was offered by Representative Martin: Page 1, line 2 (title amendment): Delete "occupational license" Insert "occupational or business license, denial of a sport hunting or fishing license; and suspension of a teacher's certificate" Page 2, after line 7: Insert new bill sections to read: "* Sec. 2. AS14.20.020(a) is amended to read: (a) Except as provided in AS14.20.022 and (f) of this section, the department shall issue a teacher certificate to every person who meets the requirements in (b) and (c) of this section. * Sec. 3. AS14.20 is amended by adding a new section to read: Sec. 14.20.022. COMPLIANCE WITH STUDENT LOAN REQUIREMENTS. A person licensed under AS14.20.020 shall comply with the student loan repayment provisions under AS14.43 that are applicable to the person. Notwithstanding another provision of law, a certificate issued to a person under AS14.20.020 shall be suspended if the person and the Department of Education have received notice from the Alaska Commission on Postsecondary Education that the person is in default on a student loan provided to the person. Suspension of the certificate shall continue until the Department of Education receives notice from the Alaska Commission on Postsecondary Education that the person is no longer in default on the student loan." Renumber the following bill sections accordingly. 1994-04-12 House Journal Page 3380 HB 506 Page 2, line 23: Delete "license issued under AS08, the license or certificate may not be renewed under AS08.02.025" Insert "license or teacher's certificate, the license may not be renewed, and if the borrower applies for a business license or a sport hunting or fishing license, the license may not be issued," Page 2, line 29, after "default to the": Insert "(A)" Page 2, lines 30 - 31: Delete ", if the loan recipient is licensed under AS08" Insert "; (B) Department of Fish and Game; and (C) Department of Education" Page 6, after line 19: Insert new bill sections to read: "* Sec. 11. AS16.05.360 is amended by adding a new subsection to read: (b) If the commissioner receives notice under AS14.43.120(i) that a person is in default on a student loan provided to the person under AS14.43, the commissioner or an agent appointed under AS16.05.380 may not issue a sport fishing, hunting, or trapping license or other permit or tag authorized under AS16.05.330 - 16.05.430 to that person. The commissioner shall at least quarterly provide a list of persons who are in default on a student loan to an agent authorized to issue a license, permit, or tag under AS16.05.380. * Sec. 12. AS43.70.020 is amended by adding a new subsection to read: (e) Notwithstanding (a) of this section, the commissioner may not issue a license under this chapter to a person who is in default on a student loan provided to the person under AS14.43. Denial of a license shall continue until the commissioner receives notice from the Alaska Commission on Postsecondary Education that the person is no longer in default on the student loan." Page 6, line 20: Delete "Sections 5, 6, 7, and 8" Insert "Sections 7, 8, 9, and 10" 1994-04-12 House Journal Page 3381 HB 506 Page 6, line 21: Delete "sec.9" Insert "sec.13" Representative Martin moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Toohey objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 506(FIN) am Second Reading Amendment No. 4 YEAS: 11 NAYS: 28 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brown, Davidson, B.Davis, Grussendorf, James, Kott, Mackie, MacLean, Martin, Sitton Nays: Brice, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, Larson, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Nordlund Brown changed from "Nay" to "Yea". Mackie changed from "Nay" to "Yea". And so, Amendment No. 4 was not adopted. Amendment No. 5 was offered by Representatives Davies and Bunde: Page 2, line 1, following "AS 14.33.120(i).": Insert "If an appeal of a determination of default status is pending on behalf of the licensee, the Alaska Commission on Postsecondary Education shall notify the department and renewal may not be denied under this section until and unless the appeal has been concluded and the default status affirmed." 1994-04-12 House Journal Page 3382 HB 506 Representative Davies moved and asked unanimous consent that Amendment No. 5 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 506(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 506(FIN) am was read the third time. The question being: "Shall CSHB 506(FIN) am pass the House?" The roll was taken with the following result: CSHB 506(FIN) am Third Reading Final Passage YEAS: 34 NAYS: 5 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, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams Nays: Mackie, Martin, Therriault, Ulmer, Willis Absent: Nordlund And so, CSHB 506(FIN) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. Representative Mackie gave notice of reconsideration of his vote on CSHB 506(FIN) am. 1994-04-12 House Journal Page 3383 HB 507 The following was read the second time: HOUSE BILL NO. 507 "An Act relating to licensure by the State Medical Board and temporary permits for certain optometrists." with the: Journal Page HES RPT CS(HES) 5DP 2NR 2576 -FISCAL NOTE (DCED) 3/2/94 2576 FIN REFERRAL ADDED 2576 L&C RPT CS(HES) 1DP 5NR 2721 -PREVIOUS FISCAL NOTE (DCED) 3/2/94 2721 FIN RPT CS(FIN) 3DP 3NR 3235 -PREVIOUS FISCAL NOTE (DCED) 3/2/94 3235 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. 507(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 507(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 507(FIN) was read the third time. The question being: "Shall CSHB 507(FIN) pass the House?" The roll was taken with the following result: CSHB 507(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 1994-04-12 House Journal Page 3384 HB 507 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Nordlund And so, CSHB 507(FIN) passed the House and was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 498 The following, which was advanced to third reading from the April 11, 1994, calendar (page 3250), was read the third time: CS FOR HOUSE BILL NO. 498(FIN) "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." The question being: "Shall CSHB 498(FIN) pass the House?" The roll was taken with the following result: CSHB 498(FIN) Third Reading Final Passage YEAS: 33 NAYS: 3 EXCUSED: 0 ABSENT: 4 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Ulmer, Vezey, Williams, Willis Nays: Brown, Finkelstein, Navarre 1994-04-12 House Journal Page 3385 HB 498 Absent: Davidson, Hoffman, Sitton, Toohey And so, CSHB 498(FIN) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Ulmer gave notice of reconsideration of her vote on CSHB 498(FIN). HB 370 The following, which was advanced to third reading from the April 11, 1994, calendar (page 3357), was read the third time: CS FOR HOUSE BILL NO. 370(FIN) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), of the Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." Representative Menard declared a conflict of interest. The Speaker stated that the House would recess until 7:30 p.m. And so, the House recessed at 5:46 p.m. AFTER RECESS The House was called back to order at 7:43 p.m. Representative B.Davis was excused due to illness. SECOND READING OF HOUSE BILLS (continued) HB 370 The Speaker placed a call of the House. The call was satisfied. 1994-04-12 House Journal Page 3386 HB 370 The question being: "Shall CSHB 370(FIN) pass the House?" The roll was taken with the following result: CSHB 370(FIN) Third Reading Final Passage YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis And so, CSHB 370(FIN) passed the House. Representative Phillips moved the appropriations in Sec. 6(c), Sec. 22(b), Sec. 38 and Sec. 40 (page 13, line 14) under Art. IX, section 17(c) of the Constitution of the State of Alaska from the constitutional budget reserve fund. The question being: "Shall the House adopt Sec. 6(c), Sec. 22(b), Sec. 38 and Sec. 40 (page 13, line 14)?" The roll was taken with the following result: CSHB 370(FIN) Third Reading Budget Reserve Fund Sections 6(c), 22(b), 38 and 40 YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-04-12 House Journal Page 3387 HB 370 Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis And so, lacking the necessary 30 votes, the motion failed and the new title appears below: CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." Representative Phillips moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 370(FIN)(brf fld) Third Reading Effective Date YEAS: 23 NAYS: 16 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Excused: B.Davis And so, lacking the necessary 27 votes, the effective date clause was not adopted, and the new title appears below: CS FOR HOUSE BILL NO. 370(FIN)(brf fld)(efd fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds." 1994-04-12 House Journal Page 3388 HB 370 Representative Ulmer gave notice of reconsideration of her vote on CSHB 370(FIN)(brf fld)(efd fld). SECOND READING OF HOUSE RESOLUTIONS HJR 47 The following was read the second time: HOUSE JOINT RESOLUTION NO. 47 Relating to schools on military installations. with the: Journal Page HES RPT 4DP 2NR 2491 -ZERO FISCAL NOTE (DOE) 2/23/94 2492 FIN REFERRAL WAIVED 3210 Amendment No. 1 was offered by Representatives Davies and Mulder: Page 2, after line 8: Insert "WHEREAS the United States Department of Education and Department of Defense have previously indicated a willingness to support appropriation of federal funds to fully fund the remaining upgrades and replacements of these facilities; and" Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Davies and Mulder: Page 2, line 31, after "Board;": Insert "and to U.S. Department of Education Secretary Richard Riley and U.S. Department of Defense Secretary William Perry;" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. 1994-04-12 House Journal Page 3389 HJR 47 Representative Phillips moved and asked unanimous consent that HJR 47 am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 47 am was read the third time. The question being: "Shall HJR 47 am pass the House?" The roll was taken with the following result: HJR 47 am Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Nicholia Excused: B.Davis Absent: Davidson And so, HJR 47 am passed the House. Representative Nicholia gave notice of reconsideration of her vote on HJR 47 am. HJR 60 The following was read the second time: 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. 1994-04-12 House Journal Page 3390 HJR 60 with the: Journal Page STA RPT 6DP 2671 -ZERO FISCAL NOTE (GOV) 3/9/94 2671 JUD RPT 3DP 3NR 3215 -PREVIOUS ZERO FISCAL NOTE (GOV) 3/9/94 3215 Representative Phillips moved and asked unanimous consent that HJR 60 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 60 was read the third time. The question being: "Shall HJR 60 pass the House?" The roll was taken with the following result: HJR 60 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis Absent: Davidson, Hoffman And so, HJR 60 passed the House and was referred to the Chief Clerk for engrossment. LEGISLATIVE CITATIONS Representative Phillips moved and asked unanimous consent that the House approve the citations on the calendar. There being no objection, the following citations were approved and sent to enrolling: 1994-04-12 House Journal Page 3391 Honoring - Rabbi Harry L. Rosenfeld By Representatives B.Davis, Brice, Brown, Bunde, Davidson, Finkelstein, James, Mackie, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Porter, Sitton, Toohey, Ulmer, Willis Honoring - Ed Tussey By Representatives G.Davis, Bunde, Davidson, B.Davis, James, Mackie, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis Honoring - Delta Junction Computer Students and Their Instructor By Representatives Olberg, Nicholia, Brown, Bunde, Davies, B.Davis, James, Mackie, Menard, Mulder, Navarre, Sitton, Ulmer, Vezey, Willis; Senator Lincoln Honoring - Georgia "June" Rust Sidars, 1994 Alaska Queen Regent By Senator Sharp; Representatives Sitton, Vezey, Brice, Bunde, Davies, B.Davis, James, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis Honoring - Roy AA Larson, 1994 Alaska King Regent By Senator Sharp; Representatives Sitton, Vezey, Brice, Bunde, Davies, B.Davis, James, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Hudson - from 7:00 p.m., May 7 to 10:00 p.m., plane time, May 8, 1994 Representative Menard - from 6:00 a.m., April 16 to 7:00 p.m., plane time, April 17, 1994 There being no objection, it was so ordered. 1994-04-12 House Journal Page 3392 RECONSIDERATION HB 259 Representative Ulmer brought up reconsideration of the vote on HB 259(title am)(efd fld). The following was again before the House in third reading: HOUSE BILL NO. 259(title am) "An Act relating to general grant land entitlements for the Lake and Peninsula Borough; and providing for an effective date." Representative Finkelstein moved and asked unanimous consent that HB 259(title am) be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 1. Objection was heard. The question being: "Shall HB 259(title am) be returned to second reading for the specific purpose of rescinding action in failing to adopt Amendment No. 1?" The roll was taken with the following result: HB 259(title am)--RECONSIDERATION Third Reading Return to Second to Rescind Previous Action on Amendment No. 1 YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, Carney, Davies, 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, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: B.Davis Absent: Davidson, Hoffman And so, the motion failed. 1994-04-12 House Journal Page 3393 HB 259 The question to be reconsidered: "Shall HB 259(title am) pass the House?" The roll was taken with the following result: HB 259(title am)--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 12 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Carney, Davies, Finkelstein, Grussendorf, Mackie, Martin, Menard, Navarre, Nordlund, Ulmer Excused: B.Davis Absent: Davidson, Hoffman And so, HB 259(title am) passed the House on reconsideration. Representative Phillips moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: HB 259(title am)--RECONSIDERATION Third Reading Effective Date YEAS: 31 NAYS: 6 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brice, Brown, Davies, Finkelstein, Navarre, Nordlund 1994-04-12 House Journal Page 3394 HB 259 Excused: B.Davis Absent: Davidson, Hoffman And so, the effective date clause was adopted. HB 259(title am) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 341 Representatives Navarre, MacLean, Davies and Hoffman added their names as cosponsors to: CS FOR HOUSE BILL NO. 341(HES) "An Act relating to physician assistants; reordering the priorities given to optional Medicaid services; and providing for an effective date." HB 498 Representative Menard added his name as cosponsor to: 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." ENGROSSMENT HJR 60 HJR 60 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 259 HB 259(title am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-12 House Journal Page 3395 HB 341 CSHB 341(HES) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 507 CSHB 507(FIN) 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., April 13, 1994. There being no objection, the House adjourned at 8:22 p.m. Suzi Lowell Chief Clerk