Legislature(1993 - 1994)
1994-04-20 House Journal
Full Journal pdf1994-04-20 House Journal Page 3615 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Wednesday April 20, 1994 One Hundred First Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:30 a.m. Roll call showed 34 members present. Representative Willis was excused from a call of House today from 11:15 a.m. to 1:30 p.m. Representatives Carney, Davies, James, MacLean, Vezey and Williams were absent. The invocation was offered by the Chaplain, Judy Minor, representing 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: "A loved hymn from the Christian Science hymnal begins `Shepherd show me how to go o'er the hillside steep, How to gather, how to sow, How to feed thy sheep . . . .' One of the last instructions Jesus gave to his disciples before his ascension was the command to `Feed My Sheep'. In the book of John, chapter 21, three times our exampler asked Peter to do this. The triple repetition of this request speaks to the importance Jesus placed upon our caring for each other and the suggestion that we discover more of God and our own Christliness through putting others first. As shepherds we watchfully and compassionately fulfill our responsibilities to others and like David standing before 1 1994-04-20 House Journal Page 3616 Goliath, are confident of who we serve and how potent one well directed truth can be. With divine help it will hit the mark. Leading those we serve through challenges to green pastures is a heaven sent, not merely human vocation, and brings sure rewards. Father, help us to feed the hungering hearts around us with patience and generosity. `Desire to bless and lead to God is the staff on which we depend. We don't know when they last were fed and in blessing we ascend.' Amen" The Pledge of Allegiance was led by Representative Martin. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 100th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE GOVERNOR HCR 24 A message dated April 19, 1994, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 33 SCR 17 A message dated April 19, 1994, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 1994-04-20 House Journal Page 3617 SCR 17 CS FOR SENATE CONCURRENT RESOLUTION NO. 17(STA) am Honoring Alaskan Tommy Moe for winning gold and silver medals at the 1994 Winter Olympic Games in Lillehammer, Norway. Legislative Resolve No. 30 SCR 21 A message dated April 19, 1994, was read stating the Governor has read the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: 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. Legislative Resolve No. 32 MESSAGES FROM THE SENATE HB 504 A message dated April 19, 1994, was read stating the Senate has passed: HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." HB 504 was referred to the Chief Clerk for enrollment. HCR 25 A message dated April 19, 1994, was read stating the Senate has passed CSHCR 25(L&C) with the following amendment: 1994-04-20 House Journal Page 3618 HCR 25 Page 2, line 18: Delete "April" Insert "May" And so, the following is transmitted for consideration: CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) am S Relating to a state materials exchange. CSHCR 25(L&C) am S is under Unfinished Business. A message dated April 19, 1994, was read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 240 CS FOR SENATE BILL NO. 240(RLS) by the Senate Rules Committee, entitled: "An Act relating to an optional municipal tax exemption for student housing for the University of Alaska." was read the first time and referred to the Community & Regional Affairs Committee. SB 351 SENATE BILL NO. 351 by the Senate Rules Committee by request of the Governor, entitled: "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." was read the first time and referred to the Judiciary Committee. 1994-04-20 House Journal Page 3619 COMMUNICATIONS The following report is on file in Chief Clerk's office: Select Committee on Legislative Ethics Two Advisory Opinions, Two Dismissal Orders and Legislative Guidelines for Open Meetings Act REPORTS OF STANDING COMMITTEES The Labor & Commerce Committee has considered the confirmation of the following appointment. The recommendations of the members of the committee are as follows: James J. Ginnaty as a member of the Occupational Safety and Health Review Board. Do recommend (2): Williams, Hudson No recommendation (3): Sitton, Mulder, Green The report was signed by Representative Hudson, Chair. HB 342 The Finance Committee has considered: HOUSE BILL NO. 342 "An Act extending the termination date of the Alaska Tourism Marketing Council." and recommends it be replaced with: CS FOR HOUSE BILL NO. 342(FIN) "An Act relating to the Alaska Tourism Marketing Council; increasing to at least 38 percent the share of the council's expenses that must be paid through contributions by an association that contracts to jointly manage the council; and providing for an effective date." 1994-04-20 House Journal Page 3620 HB 342 The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (7): MacLean, Larson, Grussendorf, Hoffman, Brown, Foster, Navarre No recommendation (2): Hanley, Martin Amend (2): Parnell, Therriault The following fiscal note applies to CSHB 342(FIN): Zero fiscal note, Dept. of Commerce & Economic Development, 1/21/94 HB 342 was referred to the Rules Committee for placement on the calendar. SB 70 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 70(L&C) "An Act establishing a loan guarantee and interest rate subsidy program for assistive technology." The report was signed by Representative Toohey, Co-chair, with the following individual recommendations: Do pass (4): Kott, G.Davis, Toohey, B.Davis No recommendation (1): Olberg The following fiscal note applies to CSSB 70(L&C): Senate fiscal note, Dept. of Education, 2/23/94 CSSB 70(L&C) was referred to the State Affairs Committee. **The presence of Representatives Vezey and MacLean was noted. 1994-04-20 House Journal Page 3621 SB 312 The Health, Education & Social Services Committee has considered: CS FOR SENATE BILL NO. 312(HES) am "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." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 312(HES) (same title) The report was signed by Representative Bunde, Co-chair, with the following individual recommendations: Do pass (3): G.Davis, Bunde, Toohey No recommendation (2): Kott, Olberg Amend (1): B.Davis The following fiscal note applies to HCS CSSB 312(HES): Zero fiscal note, Dept. of Education, 4/20/94 CSSB 312(HES) am was referred to the Finance Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Commander Dennis D. "Buzz" Rome By Representatives Hudson, Ulmer; Senator Duncan Honoring - Jack and Steve Foster, Foster Construction By Representatives G.Davis, Phillips 1994-04-20 House Journal Page 3622 Honoring - Hoonah High School Braves, 1994 Southeast Region 2-A Champions By Representative Mackie; Senator Zharoff **The presence of Representatives Davies and James was noted. Honoring - Craig High School Panthers, 1994 Southeast Region 1-A Champions By Representative Mackie; Senator Zharoff Honoring - Kake High School Thunderbirds, 1994 Southeast Region 2-A Champions By Representative Mackie; Senator Zharoff Honoring - Klawock High School Chieftains, 1994 Southeast Region 1-A Champions By Representative Mackie; Senator Zharoff Honoring - Major General David A. Bramlett By Representatives Mulder, Brice Honoring - George Ritz By Representatives Willis, Kott, Carney; Senator Phillips Honoring - James Armstrong, Commissioner of Good Works By Senators Donley, Kelly; Representatives Mulder, Navarre In Memoriam - Fennish Gardner By Representative B.Davis INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HJR 65 HOUSE JOINT RESOLUTION NO. 65 by the House Finance Committee: 1994-04-20 House Journal Page 3623 HJR 65 Proposing amendments to the Constitution of the State of Alaska relating to the budget reserve fund. was read the first time and referred to the Finance Committee. **The presence of Representatives Carney and Williams was noted. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 334 The following was read the second time: 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." with the: Journal Page JUD RPT CS(JUD) NEW TITLE 1DP 1DNP 4NR 2714 -FISCAL NOTE (CORR) 3/11/94 2715 FIN RPT CS(FIN) NEW TITLE 2DNP 5NR 3368 -4 FISCAL NOTES (2-ADM, COURT, LAW) 4/12 3369 -ZERO FISCAL NOTE (CORR) 4/12/94 3369 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. 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." 1994-04-20 House Journal Page 3624 HB 334 There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Ulmer and Bunde: Page 6, line 19: Delete "AS 11" Insert "AS 11.41" Page 6, line 20: Delete "AS 11" Insert "AS 11.41" Representative Ulmer 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 Representative Brown: Page 1, lines 2 - 3 (title amendment): Delete "terms of imprisonment," Insert "definite 30- to 99-year terms of imprisonment for offenders with at least three serious felony convictions; relating to" Representative Brown moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered and the new title appears below: 1994-04-20 House Journal Page 3625 HB 334 CS FOR HOUSE BILL NO. 334(FIN) am "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders with at least three serious felony convictions; relating to 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." Representative Phillips moved and asked unanimous consent that CSHB 334(FIN) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 334(FIN) am was read the third time. The question being: "Shall CSHB 334(FIN) am pass the House?" The roll was taken with the following result: CSHB 334(FIN) am Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hudson, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davies, Foster, Hoffman, MacLean, Nicholia Absent: Davidson, James And so, CSHB 334(FIN) am passed the House. 1994-04-20 House Journal Page 3626 HB 334 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Navarre gave notice of reconsideration of his vote on CSHB 334(FIN) am, and the reconsideration was taken later. Representative Willis, who had been previously excused from a call of the House today, left the chamber. HB 531 The following was read the second time: HOUSE BILL NO. 531 "An Act relating to the existence and functions of certain multimember state bodies, including boards, councils, commissions, associations, or authorities; and providing for an effective date." with the: Journal Page -7 ZERO FNS (DCRA, 2-DCED, CORR, 2-DOE 2728 DNR) 3/11/94 2728 GOVERNOR'S TRANSMITTAL LETTER 2729 STA RPT CS(STA) 3DP 2NR 3196 -2 ZERO FISCAL NOTES (LABOR) 4/8/94 3197 -7 PREVIOUS ZERO FISCAL NOTES (2-DOE, 3197 2-DCED, DNR, CORR, DCRA) 3/11/94 3197 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. 531(STA) (same title) There being no objection, it was so ordered. 1994-04-20 House Journal Page 3627 HB 531 Amendment No. 1 was offered by Representatives Vezey and Kott: Page 4, after line 6: Insert a new bill section to read: "* Sec. 8. AS30.13.010(a) is amended to read: (a) The residents of each area of the state within the boundaries of a regional housing authority established under AS18.55.996 which is located in whole or in part in the unorganized borough of the state may create a public body corporate and politic under the name and style of the "_____________________ Resource Development Authority" with all or any significant part of the name of the region of the state inserted. The boundaries of the authority created shall be coterminous with the portion of the applicable regional housing authority that lies in the unorganized borough. Creation of an authority is initiated by a petition filed with the Department of Community and Regional Affairs and a statement submitted to the governor [BEFORE JULY1, 1986]. The petition must include the proposed name of the authority, its boundaries, and a statement of the facilities proposed to be provided by the authority. The petition must be signed by 15 percent of the total number of residents in the portion of the applicable regional housing authority that lies in the unorganized borough who cast votes in the preceding general election. The Department of Community and Regional Affairs shall review petitions for content and signatures. If the department determines that the petition is adequate, it shall transmit the petition to the director of elections." Renumber the following bill sections accordingly. Page 5, line 7: Delete "Sections 8 - 10" Insert "Sections 9 - 11" Representative Vezey moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ulmer objected. 1994-04-20 House Journal Page 3628 HB 531 Representative Vezey 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 Representatives Vezey and Kott: Page 1, line 3, after "authorities" (title amendment): Insert "and establishing regional resource development authorities" Page 4, after line 6: Insert a new bill section to read: "* Sec. 8. AS30.13.010(a) is amended to read: (a) The residents of each area of the state within the boundaries of a regional housing authority established under AS18.55.996 which is located in whole or in part in the unorganized borough of the state may create a public body corporate and politic under the name and style of the "_____________________ Resource Development Authority" with all or any significant part of the name of the region of the state inserted. The boundaries of the authority created shall be coterminous with the portion of the applicable regional housing authority that lies in the unorganized borough. Creation of an authority is initiated by a petition filed with the Department of Community and Regional Affairs and a statement submitted to the governor [BEFORE JULY1, 1986]. The petition must include the proposed name of the authority, its boundaries, and a statement of the facilities proposed to be provided by the authority. The petition must be signed by 15 percent of the total number of residents in the portion of the applicable regional housing authority that lies in the unorganized borough who cast votes in the preceding general election. The Department of Community and Regional Affairs shall review petitions for content and signatures. If the department determines that the petition is adequate, it shall transmit the petition to the director of elections." Renumber the following bill sections accordingly. Page 5, line 7: Delete "Sections 8 - 10" Insert "Sections 9 - 11" 1994-04-20 House Journal Page 3629 HB 531 Representative Vezey moved and asked unanimous consent that New Amendment No. 1 be adopted. Representative Davies objected. The question being: "Shall New Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 531(STA) Second Reading New Amendment No. 1 YEAS: 34 NAYS: 5 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Davidson, Martin, Moses, Navarre, Nicholia Excused: Willis And so, New Amendment No. 1 was adopted and the new title appears below: CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the existence and functions of certain multimember state bodies, including boards, councils, commissions, associations, or authorities and establishing regional resource development authorities; and providing for an effective date." Representative Phillips moved and asked unanimous consent that CSHB 531(STA) am be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. 1994-04-20 House Journal Page 3630 HB 531 The Speaker stated that CSHB 531(STA) am will be in third reading on the April 22, 1994, calendar. SECOND READING OF SENATE BILLS SB 45 The following was read the second time: 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." with the: Journal Page JUD RPT HCS(JUD) 3DP 2NR 2281 -4 FISCAL NOTES (3-DHSS, COURT) 2/7/94 2281 -4 ZERO FNS (DHSS,LABOR,LAW,DPS) 2/7/94 2281 FIN RPT HCS(FIN) NEW TITLE TECHNICAL 3554 TITLE CHANGE 7NR 3554 -2 FISCAL NOTES (H.FIN/DHSS) 4/18/94 3554 -3 ZERO FNS (2-H.FIN/DHSS, DHSS) 4/18/94 3554 -PREVIOUS FISCAL NOTE (COURT) 2/7/94 3555 -2 PREVIOUS ZERO FNS (LABOR, LAW) 2/7/94 3555 Representative Phillips moved and asked unanimous consent that the following committee substitute with a technical title change be adopted in lieu of the original bill: 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." There being no objection, it was so ordered. 1994-04-20 House Journal Page 3631 SB 45 Representative Phillips moved and asked unanimous consent that HCS CSSB 45(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 45(FIN) was read the third time. The question being: "Shall HCS CSSB 45(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 45(FIN) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams Nays: Hoffman, Nicholia, Vezey Excused: Willis And so, HCS CSSB 45(FIN) passed the House. Representative Mackie gave notice of reconsideration of his vote on HCS CSSB 45(FIN). SB 255 The following was read the second time: CS FOR SENATE BILL NO. 255(STA) "An Act establishing a comprehensive policy relating to human resource development in the state." 1994-04-20 House Journal Page 3632 SB 255 with the: Journal Page CRA RPT 3DP 4NR 3555 -10 PREVIOUS SENATE ZERO FISCAL NOTES 3555 (DCRA, LABOR, UA, DOE, DHSS, ADM, DMVA, 3555 S.CRA/CORR, F&G, DCED) 2/11/94 3555 Representative Phillips moved and asked unanimous consent that CSSB 255(STA) be considered engrossed, advanced to third reading and placed on final passage. Representative MacLean objected. Representative Phillips moved and asked unanimous consent to withdraw her motion. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative MacLean: Page 2, line 24: Delete "shall" Insert "may" Representative MacLean moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Sanders objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 255(STA) Second Reading Amendment No. 1 YEAS: 29 NAYS: 9 EXCUSED: 1 ABSENT: 1 1994-04-20 House Journal Page 3633 SB 255 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, Mackie, MacLean, Moses, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sitton, Therriault, Ulmer, Vezey, Williams Nays: G.Davis, Kott, Martin, Menard, Mulder, Olberg, Porter, Sanders, Toohey Excused: Willis Absent: Finkelstein Bunde changed from "Nay" to "Yea". And so, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Davies: Page 2, line 25: Delete "shall" Insert "may" Representative Davies moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Martin objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSSB 255(STA) am H Second Reading Amendment No. 2 YEAS: 19 NAYS: 19 EXCUSED: 1 ABSENT: 1 Yeas: Brice, Brown, Davidson, Davies, B.Davis, Grussendorf, Hoffman, Mackie, Martin, Menard, Moses, Navarre, Nicholia, Nordlund, Phillips, Sanders, Sitton, Therriault, Ulmer 1994-04-20 House Journal Page 3634 SB 255 Nays: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, MacLean, Mulder, Olberg, Parnell, Porter, Toohey, Vezey, Williams Excused: Willis Absent: Finkelstein And so, Amendment No. 2 was not adopted. Representative Phillips moved and asked unanimous consent that CSSB 255(STA) am H be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. The Speaker stated that CSSB 255(STA) am H will be in third reading on the April 22, 1994, calendar. SB 266 The following was read the second time: CS FOR SENATE BILL NO. 266(L&C) "An Act extending the termination date of the Board of Certified Direct-Entry Midwives." with the: Journal Page HES RPT 5DP 3NR 3464 -PREVIOUS SENATE ZERO FN (S.L&C/DCED) 3/16 3464 Representative Phillips moved and asked unanimous consent that CSSB 266(L&C) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 266(L&C) was read the third time. The question being: "Shall CSSB 266(L&C) pass the House?" The roll was taken with the following result: 1994-04-20 House Journal Page 3635 SB 266 CSSB 266(L&C) 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, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Sitton Excused: Willis And so, CSSB 266(L&C) passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF SENATE BILLS SB 178 The following, which was advanced to third reading from the April 19, 1994, calendar (page 3598), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 178(FIN) "An Act relating to civil nuisance actions; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." The question being: "Shall HCS CSSB 178(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 178(FIN) Third Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 1994-04-20 House Journal Page 3636 SB 178 Yeas: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer Excused: Willis And so, HCS CSSB 178(FIN) passed the House. 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: HCS CSSB 178(FIN) Third Reading Effective Date YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer Excused: Willis And so, lacking the necessary 27 votes, the effective date clause was not adopted. Representative Phillips moved the court rule changes. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: 1994-04-20 House Journal Page 3637 SB 178 HCS CSSB 178(FIN) (efd fld H) Third Reading Court Rule Changes YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Parnell, Sitton, Ulmer Excused: Willis And so, lacking the necessary 27 votes, the court rule changes were not adopted. Representative Brown gave notice of reconsideration of her vote on HCS CSSB 178(FIN)(efd fld H)(crt rule fld H), and the reconsideration was taken up later. SECOND READING OF HOUSE RESOLUTIONS HJR 52 The following was read the second time: HOUSE JOINT RESOLUTION NO. 52 Urging the Congress to amend the Social Security Act so that the higher cost of living in Alaska is reflected when the per capita income of the state is used as a factor in determining the federal share of Medicaid costs. with the: Journal Page HES RPT 3DP 1DNP 3NR 2600 -ZERO FISCAL NOTE (DHSS) 3/4/94 2601 1994-04-20 House Journal Page 3638 HJR 52 Representative Phillips moved and asked unanimous consent that HJR 52 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HJR 52 was read the third time. The question being: "Shall HJR 52 pass the House?" The roll was taken with the following result: HJR 52 Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Bunde, Kott, Sanders Excused: Willis And so, HJR 52 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 - The Tundra Drums and KYUK TV/AM, Media Excellence By Representatives Hoffman, Ulmer, Brice, Brown, Carney, Davidson, Davies, B.Davis, Grussendorf, Mackie, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis, Foster, Green, Hudson, James, MacLean, Mulder, Navarre, Phillips, Toohey, Williams; Senators Adams, Lincoln, Kerttula, Duncan, Zharoff, Donley, Salo, Little, Ellis 1994-04-20 House Journal Page 3639 Honoring - Stan Swetzoff, 1994 Arctic Winter Games Two-time Silver Medalist By Senator Jacko; Representatives Barnes, Foster, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Phillips, Toohey, Ulmer, Willis RECONSIDERATION HB 222 Representative Ulmer brought up reconsideration of the vote on CSHB 222(FIN) (page 3600). The following was again before the House in third reading: 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." The question to be reconsidered: "Shall CSHB 222(FIN) pass the House?" The roll was taken with the following result: CSHB 222(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, 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 1994-04-20 House Journal Page 3640 HB 222 Excused: Willis Absent: Davidson, Hoffman And so, CSHB 222(FIN) 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 court rule changes. There being no objection, it was so ordered. CSHB 222(FIN) was referred to the Chief Clerk for engrossment. HB 360 Representative Ulmer brought up reconsideration of the vote on CSHB 360(JUD) (page 3602). The following was again before the House in third reading: CS FOR HOUSE BILL NO. 360(JUD) "An Act relating to civil liability for guest passengers on an aircraft or watercraft; and providing for an effective date." The question to be reconsidered: "Shall CSHB 360(JUD) pass the House?" The roll was taken with the following result: CSHB 360(JUD)--RECONSIDERATION Third Reading Final Passage YEAS: 28 NAYS: 9 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Brice, Brown, Carney, Davies, B.Davis, Finkelstein, Navarre, Nicholia, Parnell 1994-04-20 House Journal Page 3641 HB 360 Excused: Willis Absent: Davidson, Hoffman And so, CSHB 360(JUD) 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. CSHB 360(JUD) was referred to the Chief Clerk for engrossment. SB 178 Representative Ulmer moved and asked unanimous consent that the reconsideration of HCS CSSB 178(FIN)(efd fld H)(ct rule fld H) (page 3637) be taken up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 178(FIN) "An Act relating to civil nuisance actions; amending Alaska Rules of Civil Procedure 79 and 82; and providing for an effective date." The question to be reconsidered: "Shall HCS CSSB 178(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 178(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 26 NAYS: 13 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer 1994-04-20 House Journal Page 3642 SB 178 Excused: Willis And so, HCS CSSB 178(FIN) 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: HCS CSSB 178(FIN)--RECONSIDERATION Third Reading Effective Date YEAS: 25 NAYS: 14 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Bunde, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer Excused: Willis And so, lacking the necessary 27 votes, the effective date clause was not adopted. Representative Phillips moved the court rule changes. The question being: "Shall the court rule changes be adopted?" The roll was taken with the following result: HCS CSSB 178(FIN)(efd fld H)--RECONSIDERATION Third Reading Court Rule Changes YEAS: 24 NAYS: 15 EXCUSED: 1 ABSENT: 0 1994-04-20 House Journal Page 3643 SB 178 Yeas: Barnes, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Hoffman, Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer Excused: Willis And so, lacking the necessary 27 votes, the court rule changes were not adopted. HCS CSSB 178(FIN)(efd fld H)(crt rule fld H) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HCR 25 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3617) on the following at this time: CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) Relating to a state materials exchange. and CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) am S (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHCR 25(L&C), thus adopting CSHCR 25(L&C) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHCR 25(L&C)?" The roll was taken with the following result: 1994-04-20 House Journal Page 3644 HCR 25 CSHCR 25(L&C) am S Concur 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, Ulmer, Vezey, Williams Excused: Willis And so, the House concurred in the Senate amendment, thus adopting CSHCR 25(L&C) am S. The Chief Clerk was instructed to so notify the Senate. CSHCR 25(L&C) am S was referred to the Chief Clerk for enrollment. RECONSIDERATION HB 334 Representative Mackie moved and asked unanimous consent that the reconsideration of CSHB 334(FIN) am (page 3623) be brought up on the same day. There being no objection, it was so ordered. The following was again before the House in third reading: CS FOR HOUSE BILL NO. 334(FIN) am "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders with at least three serious felony convictions; relating to 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." 1994-04-20 House Journal Page 3645 HB 334 Representative Mackie moved and asked unanimous consent that CSHB 334(FIN) am be returned to second reading for the specific purpose of considering Amendment No. 3. There being no objection, it was so ordered. Amendment No. 3 was offered to CSHB 334(FIN) am by Representatives Mackie and Bunde: Page 1, line 2, following "relating to" (title amendment): Delete "definite 30- to 99-year terms of imprisonment for offenders with at least three serious felony convictions; relating to" Insert "definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and who have at least two prior most serious felony convictions; relating to" Page 1, line 5, following "three" (title amendment): Insert "most" Page 1, line 6, following "convictions;" (title amendment): Insert "defining `most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery;" Page 3, line 25, following "offense": Insert "prescribed under AS 11.41" Representative Mackie moved and asked unanimous consent that Amendment No. 3 be adopted. There being no objection, it was so ordered, and the new title appears below: CS FOR HOUSE BILL NO. 334(FIN) am "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and 1994-04-20 House Journal Page 3646 HB 334 who have at least two prior most serious felony convictions; relating to 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 most serious felony convictions; defining 'most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending Alaska Rule of Criminal Procedure 35." The question to be reconsidered: "Shall CSHB 334(FIN) am pass the House?" The roll was taken with the following result: CSHB 334(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 33 NAYS: 4 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Davidson, Davies, Foster, MacLean Excused: Willis Absent: Hoffman, Moses And so, CSHB 334(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 court rule change. There being no objection, it was so ordered. 1994-04-20 House Journal Page 3647 UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Davidson - from 6:00 p.m., April 20 to 10:00 a.m., plane time, April 25, 1994 Representative Foster - from 5:00 p.m., April 23 to 10:00 a.m., plane time, April 26, 1994 There being no objection, it was so ordered. HB 334 Representative Porter added his name as cosponsor to: CS FOR HOUSE BILL NO. 334(FIN) am "An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and who have at least two prior most serious felony convictions; relating to 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 most serious felony convictions; defining 'most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending Alaska Rule of Criminal Procedure 35." SB 45 Representative Porter added his name as cross-sponsor to: 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." 1994-04-20 House Journal Page 3648 HB 199 Reconsideration of the following was not taken up on this legislative day. It was referred to the Chief Clerk for enrollment: 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." ENGROSSMENT HJR 52 HJR 52 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 222 CSHB 222(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 334 CSHB 334(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 360 CSHB 360(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 178 HCS CSSB 178(FIN)(efd fld H)(crt rule fld H) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT AND ENROLLMENT HR 9 The following was engrossed and enrolled, signed by the Speaker and Chief Clerk, and the engrossed and enrolled copies were transmitted to the Office of the Governor at 2:23 p.m., April 20, 1994: 1994-04-20 House Journal Page 3649 HR 9 HOUSE RESOLUTION NO. 9 am Protecting the lifestyle of pachyderms. ENROLLMENT HCR 28 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 2:23 p.m., April 20, 1994: 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. The following clerical correction was made in enrolling: Page 3, line 16: Delete "that" HB 160 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 2:23 p.m., April 20, 1994: 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." 1994-04-20 House Journal Page 3650 HB 406 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 2:23 p.m., April 20, 1994: SENATE CS FOR CS FOR HOUSE BILL NO. 406(RLS) "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." 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 22, 1994. There being no objection, the House adjourned at 1:38 p.m. Suzi Lowell Chief Clerk