Legislature(1993 - 1994)

1994-04-20 House Journal

Full Journal pdf

1994-04-20                     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