Legislature(1993 - 1994)
1994-04-18 House Journal
Full Journal pdf1994-04-18 House Journal Page 3537 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 18, 1994 Ninety-ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:06 a.m. Roll call showed 39 members present. Representatives Moses and Ulmer had been previously excused from a call of the House today; however, their presence was noted. Representative Nordlund had been previously excused from a call of the House today until 8:00 p.m, plane time. The invocation was offered by the Chaplain, Judy Minor, of the Christian Science Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "I shall read from the Bible, Isaiah. `Unto us a child is born, unto us a son is given; and the government shall be upon his shoulder . . . . Of the increase of this government and peace there shall be no end . . . .' Father, let our human activities here and now pattern the divine. We joyfully begin this day acknowledging the origin of true and righteous government. In proportion to our understanding of how You govern will there be increase and peace in this chamber. Let there be no end to our receptivity and obedience to Your constant revelations pouring forth. Open our thought to being Your agent and `the word will be made flesh' again through us. `The kingdom of heaven is at hand' Jesus taught and our only purpose is to demonstrate this in whatever living laboratory we find ourselves. 1 1994-04-18 House Journal Page 3538 Give us the humility to remember Father that we can of our own selves do nothing but with You all things are possible. Help us to look into our brothers and sisters face and behold Your likeness there. `Whatever holds human thought in line with unselfed love receives directly the divine power' states the Christian Science textbook. Omnipotent, omnipresent divine power is supporting each of you in this holy and unselfish work today. Amen" The Pledge of Allegiance was led by Representative Parnell. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 96th, 97th and 98th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 30 A message dated April 15, 1994, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to the twenty-sixth annual Girls' State. HCR 30 was referred to the Chief Clerk for enrollment. HB 117 A message dated April 15, 1994, was read stating the Senate has passed: HOUSE BILL NO. 117 "An Act naming the Manvil H. Olson Bridge." HB 117 was referred to the Chief Clerk for enrollment. 1994-04-18 House Journal Page 3539 HB 374 A message dated April 15, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 374(FIN) "An Act relating to reimbursable service agreements and other agreements between state agencies for the purchase of services." HB 374 was referred to the Chief Clerk for enrollment. SJR 51 A message dated April 15, 1994, was read stating the Senate has concurred in the House amendment to SJR 51, thus adopting: SENATE JOINT RESOLUTION NO. 51 am H 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. SB 242 A message dated April 15, 1994, was read stating the Senate has concurred in the House amendment to SB 242, thus adopting: SENATE BILL NO. 242 am H "An Act relating to office hours of state agencies." A message dated April 15, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: 1994-04-18 House Journal Page 3540 FIRST READING AND REFERENCE OF SENATE BILLS SB 190 CS FOR SENATE BILL NO. 190(FIN) am by the Senate Finance Committee, entitled: "An Act relating to income withholding and other methods of enforcement for orders of support; relating to medical support orders; amending Alaska Rule of Civil Procedure 90.3(d); and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. A Senate Letter of Intent was attached (page 3463 of the Senate Journal). SB 248 CS FOR SENATE BILL NO. 248(RLS) am by the Senate Rules Committee, entitled: "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 250 CS FOR SENATE BILL NO. 250(FIN) am by the Senate Finance Committee, entitled: "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." was read the first time and referred to the Finance Committee. 1994-04-18 House Journal Page 3541 COMMUNICATIONS The following report is on file in the Chief Clerk's office: Dept. of Revenue 1993 Games of Chance and Skill Report (as required by AS 05.15.090) REPORTS OF STANDING COMMITTEES The Resources Committee has considered the confirmation of the following appointment. The recommendations of the members of the committee are as follows: Thomas Johnson as a member of the Alaska Board of Game. Do confirm (5): Hudson, Carney, Green, James, Williams No recommendation (1): Davies The report was signed by Representative Williams, Chair. SB 141 The Finance Committee has considered: CS FOR SENATE BILL NO. 141(L&C) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) (same title) The report was signed by Representatives MacLean and Larson, Co- chairs, with the following individual recommendations: 1994-04-18 House Journal Page 3542 SB 141 Do pass (1): Therriault No recommendation (5): Larson, MacLean, Martin, Grussendorf, Foster The following fiscal notes apply to HCS CSSB 141(FIN): Fiscal note, Dept. of Administration, 4/18/94 Fiscal note, Dept. of Education, 4/18/94 Zero fiscal note, Dept. of Commerce & Economic Development, 4/18/94 CSSB 141(L&C) was referred to the Rules Committee for placement on the calendar. SB 293 The Resources Committee has considered: SENATE BILL NO. 293 "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." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (5): Hudson, Carney, Green, James, Williams No recommendation (1): Davies The following fiscal note applies to SB 293: Senate zero fiscal note, Dept. of Natural Resources, 3/24/94 SB 293 was referred to the Judiciary Committee. 1994-04-18 House Journal Page 3543 INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Wende Kornstad, First Team, All-State Girls Basketball By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little Honoring - Gene Burden By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little Welcoming - The ACYPL Delegation from Australia By Representatives Hanley, Parnell, Therriault; Senators Pearce, Ellis, Little Honoring - Elmendorf Air Force Base 1993 Commander-in-Chief's Installation Excellence Award By Senators Leman, Phillips, Kelly, Halford; Representatives Martin, Kott, Barnes, Willis, Mulder In Memoriam - Peter Kalifornsky By Representatives Navarre, G.Davis, Phillips; Senators Salo, Little In Memoriam - Lottie Edelman By Representative Phillips In Memoriam - George Henry Hendrickson By Senator Kerttula; and, Honoring - Sam Kimura and Joan Kimura By Senator Pearce which was taken up later as a Special Order of Business. 1994-04-18 House Journal Page 3544 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 222 The following was read the second time: HOUSE BILL NO. 222 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." with the: Journal Page L&C RPT 3DP 4NR 932 -2 FISCAL NOTES (DPS, LAW) 4/2/93 932 FIN REFERRAL ADDED 1188 JUD RPT CS(JUD) 4DP 1NR 1322 -2 PREVIOUS FNS (DPS, LAW) 4/2/93 1323 FIN RPT CS(FIN) NEW TITLE 9DP 2NR 3459 -FISCAL NOTE (LAW) 4/15/94 3460 -ZERO FISCAL NOTE (DPS) 4/15/94 3460 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. 222(FIN) "An Act relating to landlords and tenants and to the applicability of the Uniform Residential Landlord and Tenant Act, to termination of tenancies and recovery of rental premises, to tenant responsibilities, and to the civil remedies of forcible entry and detainer and nuisance abatement; and amending Rule 62(a) of the Alaska Rules of Civil Procedure and Rule 24(a) of the Alaska District Court Rules of Civil Procedure." There being no objection, it was so ordered. 1994-04-18 House Journal Page 3545 HB 222 Amendment No. 1 was offered by Representative Finkelstein: Page 13, line 7: Delete "10" Insert "15" Representative Finkelstein moved and asked unanimous consent that Amendment No. 1 be adopted. Representative James objected. The following members moved and asked unanimous consent that they be allowed to abstain from voting due to a conflict of interest: Representative Mulder Representative Hoffman Representative James Representative Davies Representative Menard Representative Martin Representative Carney Representative Navarre Representative Porter Representative MacLean Representative Parnell Representative Ulmer Representative Finkelstein Objection was heard, and the members were required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 222(FIN) Second Reading Amendment No. 1 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 1 1994-04-18 House Journal Page 3546 HB 222 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Larson, Mackie, Menard, Navarre, Nicholia, Sitton, Ulmer, Willis Nays: Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Excused: Nordlund Absent: Bunde And so, Amendment No. 1 was not adopted. Representative Phillips moved and asked unanimous consent that CSHB 222(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 222(FIN) will be in third reading on the April 19, 1994, calendar. HB 360 The following was read the second time: HOUSE BILL NO. 360 "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date." with the: Journal Page L&C RPT CS(L&C) 2DP 2NR 2994 -ZERO FISCAL NOTE (LAW) 3/28/94 2994 JUD RPT CS(JUD) 3DP 3NR 3215 -PREVIOUS ZERO FISCAL NOTE (LAW) 3/28 3216 1994-04-18 House Journal Page 3547 HB 360 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. 360(JUD) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 360(JUD) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSHB 360(JUD) will be in third reading on the April 19, 1994, calendar. HB 447 The following was read the second time: HOUSE BILL NO. 447 "An Act establishing the Afognak Island State Park." with the: Journal Page -2 ZERO FISCAL NOTES (DPS, LAW) 2/4/94 2266 -FISCAL NOTE (DNR) 2/4/94 2266 RES RPT CS(RES) 9DP 2757 -FISCAL NOTE (DNR) 3/14/94 2757 -2 PREVIOUS ZERO FNS (DPS, LAW) 2/4/94 2757 FIN RPT CS(FIN) 9DP 1NR 3461 -ZERO FISCAL NOTE (H.FIN/DNR) 4/15/94 3461 -2 PREVIOUS ZERO FNS (LAW, DPS) 2/4/94 3461 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. 447(FIN) (same title) 1994-04-18 House Journal Page 3548 HB 447 There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 447(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 447(FIN) was read the third time. The question being: "Shall CSHB 447(FIN) pass the House?" The roll was taken with the following result: CSHB 447(FIN) Third Reading Final Passage YEAS: 38 NAYS: 1 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, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Vezey Excused: Nordlund And so, CSHB 447(FIN) passed the House and was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 225 The following was read the second time: CS FOR SENATE BILL NO. 225(HES) "An Act relating to credits against certain insurance taxes for contributions to certain educational institutions; and providing for an effective date." 1994-04-18 House Journal Page 3549 SB 225 with the: Journal Page HES RPT 4DP 1AM 3125 -PREVIOUS SENATE FISCAL NOTE (DCED) 2/4/94 3125 -PREVIOUS SENATE ZERO FISCAL NOTE (REV) 2/4 3125 FIN RPT 6DP 5NR 3463 -PREVIOUS SENATE FISCAL NOTE (DCED) 2/4 3463 -PREVIOUS SENATE ZERO FN (REV) 2/4/94 3463 Representative Phillips moved and asked unanimous consent that CSSB 225(HES) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 225(HES) was read the third time. The question being: "Shall CSSB 225(HES) pass the House?" The roll was taken with the following result: CSSB 225(HES) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Finkelstein, Sitton Excused: Nordlund And so, CSSB 225(HES) passed the House. 1994-04-18 House Journal Page 3550 SB 225 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. CSSB 225(HES) was signed by the Speaker and Chief Clerk and returned to the Senate. ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/18 The Speaker stated that the House would recess until 6:00 p.m., and so, the House recessed at 11:50 a.m. AFTER RECESS The House was called back to order at 6:08 p.m. The Speaker stated that, without objection, the House would revert to: MESSAGES FROM THE SENATE HCR 28 A message dated April 18, 1994, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 28 Relating to requesting the Governor to direct the Attorney General to undertake all available means to have the partial settlements agreed to by the state in Cleary v. Smith and the court orders issued in that case that impose required conditions of confinement and continued monitoring and oversight of the correctional system by the courts dissolved or modified. HCR 28 was referred to the Chief Clerk for enrollment. 1994-04-18 House Journal Page 3551 HB 199 A message dated April 18, 1994, was read stating the Senate has passed CSHB 199(O&G) am with the following amendment: SENATE CS FOR CS FOR HOUSE BILL NO. 199(FIN) "An Act relating to the exploration and production of oil and gas and related hydrocarbons, to oil and gas exploration licenses, and to oil and gas leases in certain areas of the state; and providing for an effective date." CSHB 199(O&G) is under Unfinished Business. HB 306 A message dated April 18, 1994, was read stating the Senate has passed CSHB 306(RES) with the following amendment: Page 1, line 5: Delete "A" Insert "Unless prohibited by municipal charter, a" And so, the following is transmitted for consideration: CS FOR HOUSE BILL NO. 306(RES) am S "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." CSHB 306(RES) is under Unfinished Business. A message dated April 18, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 249 CS FOR SENATE BILL NO. 249(HES) am by the Senate Health, Education & Social Services Committee, entitled: 1994-04-18 House Journal Page 3552 SB 249 "An Act relating to assisted living homes; relating to the conversion of an assisted living home to a nursing home; repealing references to residential facilities for dependent adults; abolishing the authority of certain municipalities to license or supervise institutions caring for dependent adults; and providing for an effective date." was read the first time and referred to the Finance Committee. SB 306 SENATE BILL NO. 306 by Senators Duncan, Zharoff, Little, Taylor, Kerttula, Lincoln, Salo and Donley, entitled: "An Act relating to an antitrust exemption for persons engaged in the fishing industry." was read the first time and referred to the House Special Committee on Fisheries, Resources and Judiciary Committees. SB 374 SENATE BILL NO. 374 by Senate Resources Committee, entitled: "An Act extending the period of regulation of material sites used for timber operations under the Forest Practices Act and extending a corresponding exemption from provisions regulating mining reclamation; and providing for an effective date." 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: Lawrence R. Krupa as a member of the Board of Barbers and Hairdressers; 1994-04-18 House Journal Page 3553 Edward D. Spencer as a member of the State Medical Board; Patricia "Gail" Kelley as a member of the Board of Nursing; and, Kendal L. Kaihoi as a member of the Board of Pharmacy. 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. HB 328 The Finance Committee has considered: HOUSE BILL NO. 328 "An Act relating to motor vehicle registration and registration fees; to fees for drivers' licenses and permits; and providing for an effective date." and recommends it be replaced with: CS FOR HOUSE BILL NO. 328(FIN) "An Act allowing motor vehicle registration and licensing fees to be paid by credit card." The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (3): Larson, Martin, Foster No recommendation (4): Parnell, Navarre, Brown, Therriault 1994-04-18 House Journal Page 3554 HB 328 The following fiscal note applies to CSHB 328(FIN): Fiscal note, Dept. of Public Safety, 4/18/94 HB 328 was referred to the Rules Committee for placement on the calendar. SB 45 The Finance Committee has considered CSSB 45(RLS)(efd fld): CS FOR SENATE BILL NO. 45(RLS)(efd fld) "An Act relating to persons under 21 years of age; relating to programs for runaway minors; providing for designation of shelters for runaway minors; relating to the detention and incarceration of minors." and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 45(FIN) "An Act relating to persons under 21 years of age; relating to programs for runaway minors; providing for designation of shelters for runaway minors; and relating to the detention and incarceration of minors." The report was signed by Representative Larson, Co-chair, with the following individual recommendations: No recommendation (7): Larson, Martin, Parnell, Navarre, Brown, Therriault, Foster The following fiscal notes apply to HCS CSSB 45(FIN): Fiscal notes (2), House Finance Committee/Dept. of Health & Social Services, 4/18/94 Zero fiscal notes (2), House Finance Committee/Dept. of Health & Social Services, 4/18/94 Zero fiscal note, Dept. of Health & Social Services, 4/18/94 1994-04-18 House Journal Page 3555 SB 45 Fiscal note, Alaska Court System, 2/7/94 Zero fiscal note, Dept. of Labor, 2/7/94 Zero fiscal note, Dept. of Law, 2/7/94 CSSB 45(RLS)(efd fld) was referred to the Rules Committee for placement on the calendar. SB 255 The Community & Regional Affairs Committee has considered: CS FOR SENATE BILL NO. 255(STA) "An Act establishing a comprehensive policy relating to human resource development in the state." The report was signed by Representative Olberg, Chair, with the following individual recommendations: Do pass (3): Sanders, Willis, Toohey No recommendation (4): Bunde, Davies, Williams, Olberg The following fiscal notes apply to CSSB 255(STA): Senate zero fiscal note, Dept. of Community & Regional Affairs, 2/11/94 Senate zero fiscal note, Dept. of Labor, 2/11/94 Senate zero fiscal note, University of Alaska, 2/11/94 Senate zero fiscal note, Dept. of Education, 2/11/94 Senate zero fiscal note, Department of Health & Social Services, 2/11/94 Senate zero fiscal note, Dept. of Administration, 2/11/94 Senate zero fiscal note, Dept. of Military & Veteran's Affairs, 2/11/94 Senate zero fiscal note, Senate Community & Regional Affairs Committee/Dept. of Corrections, 2/11/94 Senate zero fiscal note, Dept. of Fish & Game, 2/11/94 Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/11/94 CSSB 255(STA) was referred to the Rules Committee for placement on the calendar. 1994-04-18 House Journal Page 3556 SECOND READING OF SENATE BILLS (continued) SB 238 The following was read the second time: CS FOR SENATE BILL NO. 238(FIN) "An Act establishing a procedure for review of proposed projects under the Alaska coastal management program, and relating to petitions for compliance with and enforcement of district coastal management programs under that program and to the disposition of those petitions." with the: Journal Page RES RPT 7DP 2NR 2607 -PREVIOUS SENATE FISCAL NOTE (GOV) 2/11/94 2607 FIN REFERRAL ADDED 2607 FIN RPT 6DP 3NR 2979 -PREVIOUS SENATE FISCAL NOTE (GOV) 2/11/94 2979 Representative Phillips moved and asked unanimous consent that CSSB 238(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 238(FIN) was read the third time. The question being: "Shall CSSB 238(FIN) pass the House?" The roll was taken with the following result: CSSB 238(FIN) Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 1 ABSENT: 5 Yeas: Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis 1994-04-18 House Journal Page 3557 SB 238 Excused: Nordlund Absent: Brown, MacLean, Menard, Nicholia, Vezey And so, CSSB 238(FIN) passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. SB 294 The following was read the second time: SENATE BILL NO. 294 "An Act relating to canned salmon classics; and providing for an effective date." with the: Journal Page CRA RPT 6DP 3046 -PREVIOUS SEN ZERO FISCAL NOTE (REV)2/24 3046 Representative Phillips moved and asked unanimous consent that SB 294 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 294 was read the third time. The question being: "Shall SB 294 pass the House?" The roll was taken with the following result: SB 294 Third Reading Final Passage YEAS: 32 NAYS: 3 EXCUSED: 1 ABSENT: 4 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis 1994-04-18 House Journal Page 3558 SB 294 Nays: Davidson, Navarre, Parnell Excused: Nordlund Absent: MacLean, Menard, Nicholia, Vezey And so, SB 294 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 Navarre later gave notice of reconsideration of his vote on SB 294, and the reconsideration was taken up then. THIRD READING OF HOUSE BILLS HB 351 The following, which was advanced to third reading from the April 15, 1994, calendar (page 3512), was read the third time: CS FOR HOUSE BILL NO. 351(FIN) am(efd add) "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; and providing for an effective date." UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member be allowed to amend his excused absence as follows: 1994-04-18 House Journal Page 3559 Representative Vezey - from 6:00 p.m., today to 10:00 a.m., plane time, April 20, 1994 (page 3449) There being no objection, it was so ordered. THIRD READING OF HOUSE BILLS (continued) HB 351 The question being: "Shall CSHB 351(FIN) am(efd add) pass the House?" The roll was taken with the following result: CSHB 351(FIN) am(efd add) Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, Carney, Davidson, G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brice, Brown, Davies, B.Davis, Finkelstein, MacLean, Nicholia Excused: Nordlund, Vezey And so, CSHB 351(FIN) am(efd add) 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 Finkelstein gave notice of reconsideration of his vote on CSHB 351(FIN) am(efd add). 1994-04-18 House Journal Page 3560 RECONSIDERATION SB 294 Representative Navarre gave notice of reconsideration of his vote on SB 294 (page 3557). Representative Navarre moved and asked unanimous consent that the reconsideration of SB 294 be taken up on the same day. There being no objection, it was so ordered. The question to be reconsidered: "Shall SB 294 pass the House?" The roll was taken with the following result: SB 294--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 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, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Martin Excused: Nordlund, Vezey And so, SB 294 passed the House on reconsideration. 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. SB 294 was signed by the Speaker and Chief Clerk and returned to the Senate. 1994-04-18 House Journal Page 3561 HR 9 Representative Menard brought up reconsideration of the vote on HR 9 (page 3525). The following was again before the House in second reading: HOUSE RESOLUTION NO. 9 Protecting the lifestyle of pachyderms and other exotic animals. Amendment No. 1 was offered by Representative Menard: Page 1, line 1 (title amendment): Delete "and other exotic animals" Page 1, line 3: Delete "and certain other exotic animals" Page 2, line 4: Delete "and certain other exotic animals" Page 2, line 5: Delete "enter" Insert "enters" Representative Menard moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered, and the new title appears below: HOUSE RESOLUTION NO. 9 am Protecting the lifestyle of pachyderms. The question to be reconsidered: "Shall HR 9 am pass the House?" The roll was taken with the following result: HR 9 am--RECONSIDERATION Second Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 1994-04-18 House Journal Page 3562 HR 9 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Williams, Willis Excused: Nordlund, Vezey Absent: Grussendorf, Sitton Green changed from "Nay" to "Yea". Nicholia changed from "Nay" to "Yea". And so, HR 9 am passed the House on reconsideration and was referred to the Chief Clerk for engrossment and enrollment. THIRD READING OF HOUSE BILLS (continued) HB 400 The following, which was advanced to third reading from the April 15, 1994, calendar (page 3522), was read the third time: 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 question being: "Shall HB 400 pass the House?" The roll was taken with the following result: HB 400 Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 1994-04-18 House Journal Page 3563 HB 400 Yeas: Barnes, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Brice, Brown, Davidson, Davies, Grussendorf, Hoffman, Martin Excused: Nordlund, Vezey And so, HB 400 passed the House and was referred to the Chief Clerk for engrossment. HB 420 The following, which was advanced to third reading from the April 15, 1994, calendar (page 3523), was read the third time: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 420(STA)(efd am) "An Act relating to limited liability companies; and providing for an effective date." The question being: "Shall CSSSHB 420(STA)(efd am) pass the House?" The roll was taken with the following result: CSSSHB 420(STA)(efd am) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 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, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Excused: Nordlund, Vezey And so, CSSSHB 420(STA)(efd am) passed the House. 1994-04-18 House Journal Page 3564 HB 420 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. CSSSHB 420(STA)(efd am) was referred to the Chief Clerk for engrossment. SECOND READING OF HOUSE RESOLUTIONS HJR 64 The following was read the second time: HOUSE JOINT RESOLUTION NO. 64 Relating to the projects of the Alaska Aerospace Development Corporation for satellite ground stations and a rocket launch facility. with the: Journal Page L&C RPT 4DP 3403 -ZERO FISCAL NOTE (H.L&C/UA) 4/13/94 3403 Representative Phillips moved and asked unanimous consent that HJR 64 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 64 was read the third time. The question being: "Shall HJR 64 pass the House?" The roll was taken with the following result: HJR 64 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 2 ABSENT: 0 1994-04-18 House Journal Page 3565 HJR 64 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, Williams, Willis Excused: Nordlund, Vezey And so, HJR 64 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 - Dr. Jerry Prevo By Representatives B.Davis, Barnes, Hanley, Hudson, James, Kott, Mackie, Martin, Mulder, Nicholia, Parnell, Porter, Ulmer, Vezey, Willis Honoring - Edward J. Wesley, 1993 NBCSL "Nation Builder" Award By Representatives B.Davis, Brice, Brown, G.Davis, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Porter, Ulmer, Vezey, Willis Honoring - Rev. William Greene By Representatives B.Davis, Barnes, Hanley, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Porte, Ulmer, Willis Honoring - Lillie M. Howard By Representatives B.Davis, Hanley, James, Mackie, Menard, Navarre, Nicholia, Porter, Willis Honoring - Anchorage Legal Secretaries Association By Representatives Willis, Brice, Brown, Davidson, B.Davis, G.Davis, Hanley, James, Kott, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Sanders, Ulmer; Senators Halford, Phillips 1994-04-18 House Journal Page 3566 Honoring - Yukon-Koyukuk Mental Health and Alcohol Program Counselors By Representatives Nicholia, Brice, B.Davis, Foster, James, Mackie, MacLean, Menard, Navarre, Ulmer, Willis; Senator Lincoln Honoring - Shannon Johnson By Representatives Nicholia, Toohey, Davidson, B.Davis, James, Kott, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis; Senator Lincoln Honoring - Captain Thomas J. Barrett By Senator Zharoff; Representatives Davidson, B.Davis, James, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis Honoring - Michael Vaughn and the KTNA Volunteers By Senator Kerttula; Representatives Larson, Menard, B.Davis, Foster, James, Mackie, Navarre, Nicholia, Ulmer, Willis In Memoriam - O.F. "Ben" Benecke By Representatives Hudson, Ulmer, B.Davis, Foster, James, Mackie, Menard, Mulder, Nicholia, Phillips, Willis; Senator Duncan SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citation be taken up as a Special Order at this time: Honoring - Sam Kimura and Joan Kimura By Senator Pearce; Representatives Hanley, Brown, Bunde, Davidson, B.Davis, James, Mackie, MacLean, Martin, Menard, Navarre, Phillips, Toohey, Ulmer, Willis There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. 1994-04-18 House Journal Page 3567 RECONSIDERATION HB 392 Representative Parnell brought up reconsideration of the vote on CSHB 392(FIN) am (page 3521). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 392(FIN) am "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." Representative Parnell moved and asked unanimous consent that CSHB 392(FIN) am be returned to second reading for the specific purpose of rescinding action in adopting Amendment No. 6 as amended (page 3518). Representative B.Davis objected. The question being: "Shall CSHB 392(FIN) am be returned to second reading for the specific purpose of rescinding action in adopting Amendment No. 6 as amended?" The roll was taken with the following result: CSHB 392(FIN) am--RECONSIDERATION Third Reading Return to Second to Rescind Previous Action on Amendment No. 6 as amended YEAS: 27 NAYS: 7 EXCUSED: 2 ABSENT: 4 Yeas: Barnes, Brown, Bunde, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Nays: Brice, Carney, Davies, B.Davis, Finkelstein, Sitton, Willis Excused: Nordlund, Vezey 1994-04-18 House Journal Page 3568 HB 392 Absent: Davidson, Foster, Hoffman, Ulmer And so, the motion passed. Representative Parnell moved and asked unanimous consent to rescind previous action in adopting Amendment No. 6 as amended. The question being: "Shall the House rescind previous action in adopting Amendment No. 6 as amended?" The roll was taken with the following result: CSHB 392(FIN) am--RECONSIDERATION Second Reading Rescind Previous Action in adopting Amendment No. 6 as amended YEAS: 20 NAYS: 18 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Sitton, Ulmer, Willis Excused: Nordlund, Vezey And so, the motion passed. The question being: "Shall Amendment No. 6 as amended be adopted?" The roll was taken with the following result: CSHB 392(FIN) am--RECONSIDERATION Second Reading Amendment No. 6 as amended YEAS: 18 NAYS: 20 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Sitton, Ulmer, Willis 1994-04-18 House Journal Page 3569 HB 392 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams Excused: Nordlund, Vezey And so, Amendment No. 6 as amended was not adopted. Representative Brown moved and asked unanimous consent that CSHB 392(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 7. Representative Parnell objected. The question being: "Shall CSHB 392(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 7?" The roll was taken with the following result: CSHB 392(FIN) am--RECONSIDERATION Third Reading Return to Second for Amendment No. 7 YEAS: 16 NAYS: 22 EXCUSED: 2 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, Menard, Navarre, Nicholia, 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, Williams Excused: Nordlund, Vezey And so, the motion failed. The question to be reconsidered: "Shall CSHB 392(FIN) am pass the House?" The roll was taken with the following result: 1994-04-18 House Journal Page 3570 HB 392 CSHB 392(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 31 NAYS: 7 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Hanley, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Williams, Willis Nays: Brice, Davidson, Davies, Grussendorf, Mackie, Sitton, Ulmer Excused: Nordlund, Vezey And so, CSHB 392(FIN) am passed the House on reconsideration. 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 392(FIN) am was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 406 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3457) on the following at this time: CS FOR HOUSE BILL NO. 406(FIN) "An Act relating to municipal taxes and fees on the air transportation of individuals or goods by federally certificated air carriers; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 406(RLS) (same title) 1994-04-18 House Journal Page 3571 HB 406 There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 406(FIN), thus adopting SCS CSHB 406(RLS), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 406(FIN)?" The roll was taken with the following result: SCS CSHB 406(RLS) Concur YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Williams, Willis Excused: Nordlund, Vezey Absent: Davidson, Hoffman, Moses, Sitton And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 406(RLS). Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House adopt the Senate Finance Committee Letter of Intent (page 3639 of the Senate Journal). There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS CSHB 406(RLS) was referred to the Chief Clerk for enrollment. 1994-04-18 House Journal Page 3572 HB 160 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 2597) on the following at this time: HOUSE BILL NO. 160(title am) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property; and providing for an effective date." and HOUSE BILL NO. 160 am S(efd fld S) "An Act relating to the time for filing certain civil actions based on a defect in an improvement to real property." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 160(title am), thus adopting HB 160 am S(efd fld S), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 160(title am)?" The roll was taken with the following result: HB 160 am S(efd fld S) Concur YEAS: 34 NAYS: 0 EXCUSED: 2 ABSENT: 4 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Williams, Willis Excused: Nordlund, Vezey Absent: Davidson, Hoffman, Moses, Sitton And so, the House concurred in the Senate amendment, thus adopting HB 160 am S(efd fld S). 1994-04-18 House Journal Page 3573 HB 160 The Chief Clerk was instructed to so notify the Senate. HB 160 am S(efd fld S) was referred to the Chief Clerk for enrollment. UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Finkelstein - from 3:00 p.m. to 5:00 p.m., April 21, 1994 There being no objection, it was so ordered. HB 222 Representative Therriault added his name as cosponsor to: HOUSE BILL NO. 222 "An Act relating to landlords and tenants, to termination of tenancies and recovery of rental premises, to tenant responsibilities, to the civil remedies of forcible entry and detainer and nuisance abatement, and to the duties of peace officers to notify landlords of arrests involving certain illegal activity on rental premises." SB 220 Representative Sitton added his name as cross-sponsor to: CS FOR SENATE BILL NO. 220(STA) "An Act amending schedule IA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" ENGROSSMENT HJR 64 HJR 64 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-18 House Journal Page 3574 HB 392 CSHB 392(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 400 HB 400 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 420 CSSSHB 420(STA)(efd am) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 447 CSHB 447(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HCR 24 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:13 p.m., April 18, 1994: CS FOR HOUSE CONCURRENT RESOLUTION NO. 24(JUD) am Supporting the governor's decision to authorize a suit against the United States government for violating the Alaska Statehood Act and the Alaska Statehood Compact. ANNOUNCEMENTS House committee schedules are published daily under separate cover. 1994-04-18 House Journal Page 3575 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 19, 1994. There being no objection, the House adjourned at 8:14 p.m. Suzi Lowell Chief Clerk