Legislature(1993 - 1994)
1994-04-14 House Journal
Full Journal pdf1994-04-14 House Journal Page 3421 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 14, 1994 Ninety-fifth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:26 a.m. Roll call showed 38 members present. Representative Ulmer had been previously excused from a call of the House today. Representative MacLean was absent. The invocation was offered by the Chaplain, Bob Milton of the Juneau Baha'i Faith. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "O Thou kind Lord! Thou hast created all humanity from the same stock. Thou hast decreed that all shall belong to the same household. In Thy Holy Presence they are all Thy servants, and all mankind are sheltered beneath Thy Tabernacle; all have gathered together at Thy Table of Bounty; all are illumined through the light of Thy Providence. O God! Thou art kind to all, Thou hast provided for all, dost shelter all, conferrest life upon all. Thou hast endowed each and all with talents and faculties, and all are submerged in the Ocean of Thy Mercy. O Thou kind Lord! Unite all. Let the religions agree and make the nations one, so that they may see each other as one family and the whole earth as one home. May they all live together in perfect harmony. 1 1994-04-14 House Journal Page 3422 O God! Raise aloft the banner of the oneness of mankind. O God! Establish the Most Great Peace. Cement Thou, O God, the hearts together. O Thou kind Father, God! Gladden our hearts through the fragrance of Thy love. Brighten our eyes through the Light of Thy Guidance. Delight our ears with the melody of Thy Word, and shelter us all in the Stronghold of Thy Providence. Thou art the Mighty and Powerful; Thou art the Forgiving and Thou art the One who overlooketh the shortcomings of all mankind. Abdu'l-Baha" The Pledge of Allegiance was led by Representative Phillips. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 94th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR A message dated April 12, 1994, was read stating that the Governor withdraws the following name from legislative confirmation of appointment to the position noted. The Speaker had referred the following to the Health, Education & Social Services Committee (page 2299): Athletic Commission John N. Hansen - Juneau MESSAGES FROM THE SENATE A message dated April 13, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: 1994-04-14 House Journal Page 3423 FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SCR 14 SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 14 by Senators Kerttula, Lincoln, Duncan, Zharoff, Frank, Adams, Donley, Kelly, Pearce, Jacko, Miller, Rieger, Salo, Sharp and Leman: Relating to the naming of the Harold Z. Hansen Hatchery at Main Bay in Prince William Sound. was read the first time and referred to the Community & Regional Affairs Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 312 CS FOR SENATE BILL NO. 312(HES) am by the Senate Health, Education & Social Services Committee, entitled: "An Act relating to the school term, school construction grants and to interscholastic school activities; relating to a pilot project for state aid for special education; and providing for an effective date." was read the first time and referred to the Health, Education & Social Services and Finance Committees. SB 332 CS FOR SENATE BILL NO. 332(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to the possession of 25 or more marijuana plants." was read the first time and referred to the Judiciary Committee. 1994-04-14 House Journal Page 3424 SB 366 CS FOR SENATE BILL NO. 366(FIN) am (efd fld) by the Senate Finance Committee, entitled: "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaidqualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations." was read the first time and referred to the Finance Committee. COMMUNICATIONS The following report is on file in Chief Clerk's office: Dept. of Administration Monetary Terms of the Collective Bargaining Agreement between the State of Alaska and International Organization of the Masters, Mates and Pilots (as required by AS 23.40.215(b)) The report was referred to the Finance Committee. **The presence of Representative MacLean was noted. REPORTS OF STANDING COMMITTEES HR 9 The State Affairs Committee has considered: HOUSE RESOLUTION NO. 9 Protecting the lifestyle of pachyderms and other exotic animals. 1994-04-14 House Journal Page 3425 HR 9 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, G.Davis, Olberg, B.Davis The following fiscal note applies to HR 9: Zero fiscal note, House State Affairs Committee, 4/14/94 HR 9 was referred to the Rules Committee for placement on the calendar. HB 47 The Finance Committee has considered: HOUSE BILL NO. 47 "An Act relating to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public." and recommends it be replaced with: CS FOR HOUSE BILL NO. 47(FIN) "An Act relating to primary elections and to the delivery of the primary ballots to persons making application for them when, by operation of political party rule, two or more primary ballots must be provided to the public; preventing a voter from changing the voter's party affiliation within 30 days of a primary election when two or more primary ballots must be provided to the public; and annulling a related regulation; and providing for an effective date." The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: Do pass (2): Martin, Grussendorf No recommendation (5): Larson, Hanley, Hoffman, Brown, MacLean Amend (2) Parnell, Therriault 1994-04-14 House Journal Page 3426 HB 47 The following fiscal note applies to CSHB 47(FIN): Zero fiscal note, Office of the Governor, 4/14/94 HB 47 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 - 1993 Alaska Native Youth Media Conference Students from the North Slope Borough Area By Representative MacLean; Senator Adams Honoring - Chugiak Navy Junior ROTC Unit Color Guard By Representatives Kott, Willis, Carney; Senators Halford, Phillips Honoring - Chugiak Navy Junior ROTC Drill Team By Representatives Kott, Willis, Carney; Senators Halford, Phillips Honoring - Helen Melick By Representative Willis In Memoriam - Leo Estrada By Representatives Willis, G.Davis CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 362 The following was read the second time: HOUSE BILL NO. 362 "An Act establishing the crime of aiding the nonpayment of child support." 1994-04-14 House Journal Page 3427 HB 362 with the: Journal Page HES RPT CS(HES) NEW TITLE 4DP 3NR 2AM 2994 -ZERO FISCAL NOTE (REV) 3/28/94 2995 JUD RPT CS(HES) NT 2DP 1DNP 1NR 1AM 3216 -PREVIOUS ZERO FISCAL NOTE (REV) 3/28/94 3217 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. 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." There being no objection, it was so ordered. Amendment No. 1 was not offered. Amendment No. 2 was offered by Representative Brown: Page 2, line 25, after "a": Insert "class A misdemeanor." Page 2, lines 26 - 31: Delete all material. Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Martin objected. Representative Mackie rose to a point of order regarding debating a bill not before the body. The Speaker stated the point was well taken. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: 1994-04-14 House Journal Page 3428 HB 362 CSHB 362(HES) Second Reading Amendment No. 2 YEAS: 20 NAYS: 17 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brown, Carney, Davies, G.Davis, Foster, Kott, Larson, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Porter, Sanders, Sitton, Williams Nays: Brice, Bunde, B.Davis, Finkelstein, Green, Grussendorf, Hanley, Hudson, James, Mackie, Martin, Olberg, Phillips, Therriault, Toohey, Vezey, Willis Excused: Ulmer Absent: Davidson, Hoffman And so, Amendment No. 2 was adopted. Representative Phillips moved and asked unanimous consent that CSHB 362(HES) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 362(HES) am was read the third time. The question being: "Shall CSHB 362(HES) am pass the House?" The roll was taken with the following result: CSHB 362(HES) am Third Reading Final Passage YEAS: 34 NAYS: 5 EXCUSED: 1 ABSENT: 0 1994-04-14 House Journal Page 3429 HB 362 Yeas: Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Williams, Willis Nays: Barnes, Davidson, Foster, MacLean, Vezey Excused: Ulmer Barnes changed from "Yea" to "Nay". And so, CSHB 362(HES) am passed the House and was referred to the Chief Clerk for engrossment. HB 410 The following was read the second time: HOUSE BILL NO. 410 "An Act relating to real estate appraisers and the Board of Certified Real Estate Appraisers." with the: Journal Page L&C RPT CS(L&C) 6DP 2453 -ZERO FISCAL NOTE (DCED) 2/18/94 2454 STA RPT CS(STA) 1DP 4NR 1AM 3177 -PREVIOUS ZERO FISCAL NOTE (DCED) 2/18 3177 FIN REFERRAL WAIVED 3361 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. 410(STA) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 410(STA) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-04-14 House Journal Page 3430 HB 410 CSHB 410(STA) was read the third time. The question being: "Shall CSHB 410(STA) pass the House?" The roll was taken with the following result: CSHB 410(STA) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer And so, CSHB 410(STA) passed the House and was referred to the Chief Clerk for engrossment. HB 417 The following was read the second time: 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." with the: Journal Page HES RPT CS(HES) NEW TITLE 4DP 4NR 2518 -2 ZERO FISCAL NOTES (LAW, DPS) 2/24/94 2518 JUD RPT CS(JUD) NEW TITLE 4DP 2NR 3193 -2 PREVIOUS ZERO FNS (DPS, LAW) 2/24/94 3194 1994-04-14 House Journal Page 3431 HB 417 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. 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Davies: Page 1, line 7 through page 2, line 21: Delete all material. Insert new bill sections to read: "* Section 1. AS11.61.200(a) is amended to read: (a) A person commits the crime of misconduct involving weapons in the third degree if the person (1) knowingly possesses a firearm capable of being concealed on one's person after having been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory; (2) knowingly sells or transfers a firearm capable of being concealed on one's person to a person who has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory; (3) manufactures, possesses, transports, sells, or transfers a prohibited weapon; (4) knowingly sells or transfers a firearm to another whose physical or mental condition is substantially impaired as a result of the introduction of an intoxicating liquor or controlled substance into that other person's body; (5) removes, covers, alters, or destroys the manufacturer's serial number on a firearm with intent to render the firearm untraceable; (6) possesses a firearm on which the manufacturer's serial number has been removed, covered, altered, or destroyed, knowing that the serial number has been removed, covered, altered, or destroyed with the intent of rendering the firearm untraceable; 1994-04-14 House Journal Page 3432 HB 417 (7) violates AS11.46.320 and, during the violation, possesses on the person a firearm when the person's physical or mental condition is impaired as a result of the introduction of an intoxicating liquor or controlled substance into the person's body; (8) violates AS11.46.320 or 11.46.330 by entering or remaining unlawfully on premises or in a propelled vehicle in violation of a provision of an order issued under AS25.35.010(b) or 25.35.020 and, during the violation, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (9) communicates in person with another in violation of AS11.56.740 and, during the communication, possesses on the person a defensive weapon or a deadly weapon, other than an ordinary pocketknife; (10) resides in a dwelling knowing that there is a firearm capable of being concealed on one's person or a prohibited weapon in the dwelling if the person has been convicted of a felony by a court of this state, a court of the United States, or a court of another state or territory, unless the person has written authorization to live in a dwelling in which there is a concealable weapon described in this paragraph from a court of competent jurisdiction or from the head of the law enforcement agency of the community in which the dwelling is located; [OR] (11) discharges a firearm from a propelled vehicle while the vehicle is being operated; or (12) knowingly possesses a firearm or other deadly weapon or a defensive weapon, without the permission of the chief administrative officer of the preschool, school, or school district or the designee of the chief administrative officer, within the grounds of or on a parking lot immediately adjacent to a public or private preschool, elementary, junior high, or secondary school, or while participating in a school sponsored event, except that a person 21 years of age or older may possess an (A) unloaded firearm or other deadly weapon in the trunk of a motor vehicle or encased in a closed container in a motor vehicle; (B) ordinary pocket knife or a defensive weapon. 1994-04-14 House Journal Page 3433 HB 417 * Sec. 2. AS 11.61.200(e) is amended to read: (e) The provisions of (a)(3), [AND] (11), and (12) of this section do not apply to a peace officer acting within the scope and authority of the officer's employment. * Sec. 3. AS11.61.200 is amended by adding a new subsection to read: (h) In (a)(12) of this section, "firearm" includes an air gun or pellet gun that discharges a shot, pellet, or other projectile by means of compressed air or other gas." Renumber the following bill sections accordingly. Page 3, following line 16: Insert a new bill section to read: "* Sec. 5. AS 11.61.220(c) is amended to read: (c) The provisions of (a)(1) [,] and (2) [, AND (4)] of this section do not apply to a peace officer acting within the scope and authority of the officer's employment." Renumber the following bill sections accordingly. Representative Davies moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Carney objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 417(JUD) Second Reading Amendment No. 1 YEAS: 7 NAYS: 32 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Davidson, Davies, Finkelstein, Hoffman, Nordlund, Sitton 1994-04-14 House Journal Page 3434 HB 417 Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer Navarre changed from "Yea" to "Nay". And so, Amendment No. 1 was not adopted. Amendment No. 2 was not offered. Amendment No. 3 was offered by Representative Davies: Page 3, following line 16: Insert a new bill section to read: "* Sec. 4. AS14.03.080 is amended by adding a new subsection to read: (f) This section does not require a school district to admit a child or person currently under suspension or expulsion under AS14.03.160 in that or another school district." Renumber the following bill sections accordingly. Page 3, following line 30: Insert a new bill section to read: "* Sec. 6. AS14.03 is amended by adding a new section to read: Sec. 14.03.160. SUSPENSION OR EXPULSION OF STUDENTS FOR POSSESSING WEAPONS. Notwithstanding any other provision of law, a school district shall adopt procedures, including the right to a hearing, requiring the suspension for at least 30 days, or expulsion for the school year or permanently, of a student who violates AS11.61.210(a)(7). A prior conviction, or adjudication of delinquency or child in need of supervision, for violation of AS11.61.210(a)(7) is not necessary for a school board to suspend or expel a student under this section." Renumber the following bill section accordingly. 1994-04-14 House Journal Page 3435 HB 417 Representative Davies moved and asked unanimous consent that Amendment No. 3 be adopted. Representative James objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 417(JUD) Second Reading Amendment No. 3 YEAS: 9 NAYS: 29 EXCUSED: 1 ABSENT: 1 Yeas: Davidson, Davies, Finkelstein, Grussendorf, Larson, Navarre, Nordlund, Phillips, Sitton Nays: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Vezey, Willis Excused: Ulmer Absent: Williams And so, Amendment No. 3 was not adopted. Representative Brown placed a call of the House. Amendment No. 4 was offered by Representative Nicholia: Page 2, lines 16 and 17: Delete all material. Insert "(A) unloaded weapon in or on a motor vehicle;" 1994-04-14 House Journal Page 3436 HB 417 Representative Nicholia moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Bunde objected. The call was satisfied. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: CSHB 417(JUD) Second Reading Amendment No. 4 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, James, Kott, Mackie, MacLean, Navarre, Nicholia, Phillips, Sitton, Vezey, Williams Nays: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, Larson, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Willis Excused: Ulmer Barnes changed from "Yea" to "Nay". And so, Amendment No. 4 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 417(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 417(JUD) was read the third time. The question being: "Shall CSHB 417(JUD) pass the House?" The roll was taken with the following result: 1994-04-14 House Journal Page 3437 HB 417 CSHB 417(JUD) Third Reading Final Passage YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Williams, Willis Nays: Carney, Davidson, Hoffman, Mackie, MacLean, Nicholia, Vezey Excused: Ulmer And so, CSHB 417(JUD) passed the House. Representative Nicholia gave notice of reconsideration of her vote on CSHB 417(JUD). HB 453 The following was read the second time: HOUSE BILL NO. 453 "An Act amending the motor fuel tax to establish a different tax levy on residual fuel oil used in and on watercraft; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) NEW TITLE 4DP 1NR 2850 -ZERO FISCAL NOTE (REV) 3/16/94 2850 STA RPT CS(L&C) NEW TITLE 5DP 1NR 2864 -PREVIOUS ZERO FISCAL NOTE (REV) 3/16/94 2865 FIN RPT CS(FIN) NEW TITLE 6DP 2NR 3233 -FISCAL NOTE (REV) 4/11/94 3234 -ZERO FISCAL NOTE (DOT) 4/11/94 3234 -INDETERMINATE CORRECTED FN (REV) 4/13/94 3419 1994-04-14 House Journal Page 3438 HB 453 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. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Brown and Hoffman: Page 1, line 1, after "An Act" (title amendment): Insert "amending the tax on transfers or consumption of motor fuel, and relating to the proceeds of that tax; and" Page 1, line 5, after "Section 1.": Insert "AS43.40.010(a) is amended to read: (a) There is levied a tax of 10 [EIGHT] cents a gallon on all motor fuel sold or otherwise transferred within the state, except that (1) the tax on aviation gasoline is four cents a gallon, (2) the tax on motor fuel used in and on watercraft of all descriptions is five cents a gallon, and (3) the tax on all aviation fuel other than gasoline is two and one-half cents a gallon. * Sec. 2. AS43.40.010(b) is amended to read: (b) There is levied a tax of 10 [EIGHT] cents a gallon on all motor fuel consumed by a user, except that (1) the tax on aviation gasoline consumed is four cents a gallon, (2) the tax on motor fuel used in and on watercraft of all descriptions is five cents a gallon, and (3) the tax on all aviation fuel other than gasoline is two and one-half cents a gallon. 1994-04-14 House Journal Page 3439 HB 453 * Sec. 3. AS43.40.010(g) is repealed and reenacted to read: (g) The proceeds of the revenue from the tax on all motor fuels, except as provided in (e), (f), (j), (m), and (n) of this section, shall be deposited in a special highway fuel tax account in the state general fund. The legislature may use the annual estimated balance of the account to make appropriations for expenditure by the Department of Transportation and Public Facilities directly or as matched with available federal-aid highway money for maintenance of highways, construction of highway projects and ferries included in the program provided for in AS19.10.150, including approaches, appurtenances, and related facilities, and acquisition of rights-of-way or easements, and for other highway costs including surveys, administration, and related matters. * Sec. 4. AS43.40.010 is amended by adding new subsections to read: (m) The proceeds of the revenue from one cent of the 10-cent tax imposed by (a) and (b) of this section shall be deposited in a special storage tank assistance account in the state general fund. The legislature may appropriate from this account to the storage tank assistance fund established by AS46.03.410. (n) The proceeds of the revenue from one cent of the 10-cent tax imposed by (a) and (b) of this section shall be deposited into a separate account in the state general fund. The legislature may appropriate from this account to pay expenses to repair and upgrade bulk fuel storage facilities under the general authority given the Department of Community and Regional Affairs by AS44.47.130. * Sec. 5." Renumber the following bill sections accordingly. Page 2, line 13: Delete "sec. 1" Insert "sec. 5" Page 2, line 18: Delete "sec. 1" Insert "sec. 5" 1994-04-14 House Journal Page 3440 HB 453 Page 2, line 19: Delete "This Act takes" Insert "Sections 5 and 6 of this Act take" Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Grussendorf objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 453(FIN) Second Reading Amendment No. 1 YEAS: 14 NAYS: 25 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia Nays: Barnes, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 453(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 453(FIN) was read the third time. The question being: "Shall CSHB 453(FIN) pass the House?" The roll was taken with the following result: 1994-04-14 House Journal Page 3441 HB 453 CSHB 453(FIN) Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer And so, CSHB 453(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. CSHB 453(FIN) was referred to the Chief Clerk for engrossment. THIRD READING OF HOUSE BILLS HB 153 The following, which was advanced to third reading from the April 13, 1994, calendar (page 3412) was read the third time: CS FOR HOUSE BILL NO. 153(JUD) am "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." The question being: "Shall CSHB 153(JUD) am pass the House?" The roll was taken with the following result: 1994-04-14 House Journal Page 3442 HB 153 CSHB 153(JUD) am Third Reading Final Passage YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Toohey, Vezey, Williams, Willis Nays: Brice, Davidson, Davies, Hanley, Mackie, Parnell, Sitton, Therriault Excused: Ulmer And so, CSHB 153(JUD) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. CSHB 153(JUD) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE RESOLUTIONS SJR 51 The following was read the second time: SENATE JOINT RESOLUTION NO. 51 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. 1994-04-14 House Journal Page 3443 SJR 51 with the: Journal Page L&C RPT 3DP 1NR 3405 -PREVIOUS SENATE ZERO FN (S.L&C) 4/5/94 3405 Amendment No. 1 was offered by Representative Finkelstein: Page 1, line 8, after "Corporation": Insert ", a foreign-owned consortium," Page 1, following line 9: Insert "WHEREAS Alaska Pulp Corporation closed its pulp mill on September 30, 1993 and diverted its pulp logs to a lumber mill, thereby putting 400 Sitkans out of work and violating its federal timber contract; and WHEREAS there are U.S. companies that want to open sawmills in Sitka, but can't because of Alaska Pulp Company's existing monopoly; and" Page 2, following line 19: Insert "WHEREAS the Tongass Timber Reform Act requires that the Tongass National Forest be managed for sustainable fish, wildlife, subsistence, tourism, recreation, and renewable timber resource use; and" Page 3, line 4, after "Corporation": Insert "if it is determined that continuance of the contract is in the best interests of the people of southeast Alaska and the Tongass National Forest" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Williams objected. 1994-04-14 House Journal Page 3444 SJR 51 Representative Finkelstein rose to a point of order regarding inappropriate remarks. The Speaker cautioned the member to proceed in order. The Speaker stated the House would recess until 6:00 p.m. And so, the House recessed at 1:32 p.m. AFTER RECESS The Speaker called the House back to order at 6:11 p.m. Representative Willis had been previously excused from a call of the House from 4:30 p.m., today. SECOND READING OF SENATE RESOLUTIONS (continued) SJR 51 Representative Finkelstein moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. New Amendment No. 1 was offered by Representative Finkelstein: Page 1, line 8, after "Corporation": Insert ", a foreign owned consortium," Page 1, following line 9: Insert "WHEREAS Alaska Pulp Corporation closed its pulp mill on September 30, 1993 and diverted its pulp logs to a lumber mill, thereby putting 400 Sitkans out of work and violating its federal timber contract; and" 1994-04-14 House Journal Page 3445 SJR 51 Page 1, line 10: Delete "restore economic activity and create" Insert "use approximately the same amount of timber while only creating about 31% of the" Page 2, following line 19: Insert "WHEREAS the Tongass Timber Reform Act requires that the Tongass National Forest be managed for sustainable fish, wildlife, subsistence, tourism, recreation, and renewable timber resource use; and" Page 3, line 4, after "Corporation": Insert "if it is determined that continuance of the contract is in the best interests of the people of southeast Alaska and the Tongass National Forest." Representative Finkelstein moved and asked unanimous consent that New Amendment No. 1 be adopted. Representative Mackie objected. Representative Davidson was excused due to illness. The question being: "Shall New Amendment No. 1 be adopted?" The roll was taken with the following result: SJR 51 Second Reading New Amendment No. 1 YEAS: 5 NAYS: 29 EXCUSED: 3 ABSENT: 3 Yeas: Brown, Davies, Finkelstein, Nordlund, Sitton Nays: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-04-14 House Journal Page 3446 SJR 51 Excused: Davidson, Ulmer, Willis Absent: Hoffman, MacLean, Navarre And so, New Amendment No. 1 was not adopted. Amendment Nos. 2 and 3 were not offered. Amendment No. 4 was offered by Representative Grussendorf: Page 3, line 3, after "requested to": Delete "continue" Insert "reconsider its decision to cancel" Page 3, line 5, after "the Honorable Jack Ward": Insert "Thomas" Representative Grussendorf moved and asked unanimous consent that Amendment No. 4 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that SJR 51 am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SJR 51 am H was read the third time. The question being: "Shall SJR 51 am H pass the House?" The roll was taken with the following result: SJR 51 am H Third Reading Final Passage YEAS: 31 NAYS: 3 EXCUSED: 3 ABSENT: 3 1994-04-14 House Journal Page 3447 SJR 51 Yeas: Barnes, Brice, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams Nays: Brown, Davies, Finkelstein Excused: Davidson, Ulmer, Willis Absent: Hoffman, MacLean, Navarre And so, SJR 51 am H 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: Honoring - Mary J. Reeves By Representatives Ulmer, Hudson, B.Davis, James, Mackie, Menard, Willis; Senator Duncan Honoring - Ellen McKelvey, 1994 School Librarian of the Year By Representatives Mulder, Brice, Brown, Grussendorf, James, MacLean, Menard, Navarre, Nicholia, Nordlund, Parnell, Phillips, Toohey, Willis Honoring - Noel Wien Library By Representatives Sitton, Brice, Brown, Bunde, Davidson, Davies, B.Davis, Hoffman, James, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Vezey, Willis Honoring - Captain Robert C. Gravino Senator Zharoff; Representatives Davidson, Bunde, B.Davis, Hoffman, James, MacLean, Menard, Mulder, Navarre, Nicholia, Ulmer, Willis 1994-04-14 House Journal Page 3448 Honoring - David J. Walsh, First Alaskan Elected President of the National Association of Insurance Commissioners By Senator Pearce; Representatives Mulder, Brown, Bunde, Davidson, B.Davis, Finkelstein, Hanley, Hoffman, James, Kott, Larson, MacLean, Martin, Menard, Navarre, Nicholia, Nordlund, Phillips, Porter, Toohey, Ulmer, Vezey, Willis SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citations be taken up as a Special Order at this time: Honoring - Chugiak Navy Junior ROTC Unit Color Guard By Representatives Kott, Willis, Carney, Bunde, B.Davis, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Sanders, Toohey, Vezey; Senators Halford, Phillips Honoring - Chugiak Navy Junior ROTC Drill Team By Representatives Kott, Willis, Carney, Bunde, B.Davis, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Parnell, Phillips, Sanders, Toohey, Vezey; Senators Halford, Phillips There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citations. There being no objection, it was so ordered. The citations were sent to enrolling. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Carney - from 7:00 p.m., April 15 to 8:00 p.m., plane time, April 17, 1994 1994-04-14 House Journal Page 3449 Representative B.Davis - from 8:00 p.m., April 15 to 7:00 p.m., April 16, 1994 Representative Moses - from 7:30 p.m., April 14 to 9:00 a.m., April 19, 1994 Representative Nordlund - from 8:00 p.m., April 15 to 8:00 p.m., plane time, April 18, 1994 Representative Vezey - from 7:00 p.m., April 18 to 10:00 a.m., plane time, April 20, 1994 Representative Hoffman - from 5:00 p.m., April 14 to 10:00 p.m., plane time, April 18, 1994 There being no objection, it was so ordered. RECONSIDERATION HJR 47 Representative Nicholia brought up reconsideration of the vote on HJR 47 am. The following was again before the House in third reading: HOUSE JOINT RESOLUTION NO. 47 am Relating to schools on military installations. The question to be reconsidered: "Shall HJR 47 am pass the House?" The roll was taken with the following result: HJR 47 am--RECONSIDERATION Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 3 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams 1994-04-14 House Journal Page 3450 HJR 47 Excused: Davidson, Ulmer, Willis Absent: Hoffman, MacLean, Navarre And so, HJR 47 am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. HB 427 Representative Nordlund brought up reconsideration of the vote on HB 427. The following was again before the House in third reading: HOUSE BILL NO. 427 "An Act relating to compensation for members of the Local Boundary Commission." The question to be reconsidered: "Shall HB 427 pass the House?" The roll was taken with the following result: HB 427--RECONSIDERATION Third Reading Final Passage YEAS: 21 NAYS: 13 EXCUSED: 3 ABSENT: 3 Yeas: Barnes, Brice, Bunde, Davies, B.Davis, G.Davis, Foster, Green, Hudson, Larson, Mackie, Moses, Nicholia, Olberg, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams Nays: Brown, Carney, Finkelstein, Grussendorf, Hanley, James, Kott, Martin, Menard, Mulder, Nordlund, Parnell, Therriault Excused: Davidson, Ulmer, Willis Absent: Hoffman, MacLean, Navarre Mackie changed from "Nay" to "Yea". And so, HB 427 passed the House on reconsideration and was referred to the Chief Clerk for engrossment. 1994-04-14 House Journal Page 3451 UNFINISHED BUSINESS HB 417 Representative Finkelstein added his name as cosponsor to: 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." HB 453 Representative Navarre added his name as cosponsor to: CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date." SCR 21 The following fiscal note was published: Senate zero fiscal note, Senate Rules Committee, 4/13/94 for: SENATE CONCURRENT RESOLUTION NO. 21 Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning House Bill No. 505, making appropriations. SCR 21 passed the House, April 13, 1994, (page 3414). ENGROSSMENT HJR 47 HJR 47 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-14 House Journal Page 3452 HB 153 CSHB 153(JUD) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 362 CSHB 362(HES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 410 CSHB 410(STA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 427 HB 427 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 453 CSHB 453(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 498 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. 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." HB 506 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. 506(FIN) am "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." 1994-04-14 House Journal Page 3453 SJR 51 SJR 51 am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 505 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 10:40 a.m., April 14, 1994: SENATE CS FOR CS FOR HOUSE BILL NO. 505(FIN) am S "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; and making appropriations from the constitutional budget reserve fund under art. IX, sec. 17(c), Constitution of the State of Alaska; and providing for an effective date." ANNOUNCEMENTS The complete committee agenda to be considered in the coming week, including the required five-day notices for first public hearing, is listed in the Friday printed schedule. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 15, 1994. There being no objection, the House adjourned at 6:36 p.m. Suzi Lowell Chief Clerk