Legislature(1993 - 1994)
1994-04-22 House Journal
Full Journal pdf1994-04-22 House Journal Page 3655 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Friday April 22, 1994 One Hundred Third Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:36 a.m. Roll call showed 37 members present. Representative Davidson had been previously excused from a call of the House today. Representative MacLean was absent. Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Menard - from 6:00 a.m., April 22 to 10:00 a.m., plane time, April 25, 1994 There being no objection, it was so ordered. The invocation was offered by the Chaplain, Kurt Smith, Second Reader of the Christian Science Church. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "The Bible: `Deuteronomy: Judges and officers shalt thou make thee in all Thy gates, which the Lord thy God giveth thee, throughout thy tribes: and they shall judge the people with just judgment. 1 1994-04-22 House Journal Page 3656 1 Kings: Give therefore thy servant an understanding heart to judge thy people, that I may discern between good and bad: for who is able to judge this thy so great a people? John: I can of mine own self do nothing: as I hear, I judge: and my judgment is just; because I seek not mine own will, but the will of the Father which hath sent me.' Father, let Your will be done in these chambers today. Give us an understanding to discern it and the humility and strength to obey it. Amen." The Pledge of Allegiance was led by Representative Davies. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 101st and 102nd legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HCR 27 A message dated April 20, 1994, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children. HCR 27 was referred to the Chief Clerk for enrollment. HB 96 A message dated April 21, 1994, was read stating the Senate has passed: HOUSE BILL NO. 96 "An Act extending the termination date of the Alcoholic Beverage Control Board." 1994-04-22 House Journal Page 3657 HB 96 HB 96 was referred to the Chief Clerk for enrollment. HB 453 A message dated April 20, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 453(FIN) "An Act establishing, for purposes of the levy and collection of the motor fuel tax and for a limited period, a different tax levy on residual fuel oil used in and on certain watercraft; and providing for an effective date." CSHB 453(FIN) was referred to the Chief Clerk for enrollment. HB 59 A message dated April 21, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 59(MLV) "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska." CSHB 59(MLV) is under Unfinished Business. HB 254 A message dated April 20, 1994, was read stating the Senate has passed: 1994-04-22 House Journal Page 3658 HB 254 CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; and providing for an effective date." CSHB 254(JUD) am(ct rule fld) is under Unfinished Business. HB 69 A message dated April 20, 1994, was read stating the Senate has adopted the Conference Committee report on CSHB 69(FIN) and SCS CSHB 69(RLS) am S, thus adopting: CONFERENCE CS FOR HOUSE BILL NO. 69 "An Act relating to registration of and information about sex offenders and amending Alaska Rules of Criminal Procedure 11(c) and 32(b)." The House has adopted CCSHB 69 (page 3609). CCSHB 69 was referred to the Chief Clerk for engrossment and enrollment. SCR 16 A message dated April 20, 1994, was read stating the Senate has concurred in the House amendment to SCR 16, thus adopting: SENATE CONCURRENT RESOLUTION NO. 16 am H Relating to release of nonproprietary geographic information system files in possession of the state. SB 141 A message dated April 20, 1994, was read stating the Senate has concurred in the House amendment to CSSB 141(L&C), thus adopting: 1994-04-22 House Journal Page 3659 SB 141 HOUSE CS FOR CS FOR SENATE BILL NO. 141(FIN) "An Act relating to workers' compensation coverage for certain high school students in uncompensated work-study programs." SB 178 A message dated April 21, 1994, was read stating the Senate has concurred in the House amendment to CSSB 178(JUD) am(efd fld), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 178(FIN)(efd fld H)(crt rule fld H) "An Act relating to civil nuisance actions." Messages dated April 20 and 21, 1994, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE RESOLUTIONS SJR 48 SENATE JOINT RESOLUTION NO. 48 by Senators Leman and Phillips: Relating to welfare reform. was read the first time and referred to the Health, Education & Social Services Committee. FIRST READING AND REFERENCE OF SENATE BILLS SB 164 CS FOR SENATE BILL NO. 164(RLS) by the Senate Rules Committee, entitled: 1994-04-22 House Journal Page 3660 SB 164 "An Act providing that home rule cities in the unorganized borough are school districts; permitting the Local Boundary Commission to amend petitions for incorporation or proposing municipal boundary changes; applying existing standards of incorporation for boroughs to unified municipalities; applying existing standards of incorporation for first class cities to incorporation of a home rule city; and relating to reclassification of first class or home rule cities to second class cities, to municipal reclassification and to public hearings on reclassification, to formation of home rule cities and unified municipalities through incorporation, merger, or consolidation, to organization grants and transitional assistance for unified municipalities, to adoption of a home rule charter by a second class city, to dissolution of municipalities, to filing copies of an amended home rule charter, and to regulations of the local boundary commission dealing with standards and procedures for municipal incorporation, annexation, detachment, merger, consolidation, reclassification, and dissolution." was read the first time and referred to the Community & Regional Affairs Committee. SB 275 CS FOR SENATE BILL NO. 275(JUD) by the Senate Judiciary Committee, entitled: "An Act relating to the disposal of real property by the Department of Transportation and Public Facilities." was read the first time and referred to the Transportation and Judiciary Committees. SB 350 SENATE BILL NO. 350 by the Senate Rules Committee by request of the Governor, entitled: 1994-04-22 House Journal Page 3661 SB 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." was read the first time and referred to the Finance Committee. REPORTS OF STANDING COMMITTEES HB 487 The Labor & Commerce Committee submitted the following corrected fiscal note to the report (page 2970): Zero fiscal note, Dept. of Law, 4/22/94 which applies to: CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 487(L&C) "An Act relating to the sale or display for sale of material harmful to minors at places where minors are present or allowed to be present." SSHB 487 is currently in the Finance Committee. SB 33 The Finance Committee has considered: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually." 1994-04-22 House Journal Page 3662 SB 33 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Foster, Martin, Grussendorf, Brown No recommendation (6): MacLean, Larson, Hanley, Parnell, Navarre, Therriault The following fiscal notes apply to HCS CSSB 33(FIN): Fiscal note, Dept. of Military & Veterans Affairs, 4/22/94 Fiscal notes (2), Dept. of Environmental Conservation, 4/22/94 CSSB 33(FIN) was referred to the Rules Committee for placement on the calendar. SB 44 The Finance Committee has considered: CS FOR SENATE BILL NO. 44(JUD) am "An Act relating to civil liability for skiing accidents, operation of ski areas, and duties of ski area operators and skiers; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) (same title) 1994-04-22 House Journal Page 3663 SB 44 The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Hanley, Martin, Parnell, Therriault Do not pass (1): MacLean No recommendation (5): Larson, Grussendorf, Navarre, Brown, Foster The following fiscal notes apply to HCS CSSB 44(FIN): Senate zero fiscal note, Alaska Court System, 2/9/94 Senate zero fiscal note, Dept. of Administration, 2/9/94 Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/9/94 Senate zero fiscal note, Dept. of Natural Resources, 2/9/94 Senate zero fiscal note, Dept. of Labor, 2/9/94 CSSB 44(JUD) am was referred to the Rules Committee for placement on the calendar. SB 210 The Finance Committee has considered: CS FOR SENATE BILL NO. 210(FIN) am "An Act relating to disposals of state land within five miles of the right-of-way of the Dalton Highway to a licensed public utility or a licensed common carrier; relating to disposals of state land for nonresidential development in nodes of development along the Dalton Highway; requiring licensed public utilities to pay the costs of change, relocation, or removal of a utility facility due to construction of a highway project; and allowing state leases and materials sales for reconstruction and maintenance of state highways and construction or maintenance of airports." 1994-04-22 House Journal Page 3664 SB 210 and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (8): Larson, Hanley, Martin, Parnell, Navarre, Brown, Therriault, Foster No recommendation (2): MacLean, Grussendorf The following fiscal notes apply to HCS CSSB 210(FIN): Senate fiscal note, Dept. of Natural Resources, 2/15/94 Senate zero fiscal note, Dept. of Transportation & Public Facilities, 2/7/94 CSSB 210(FIN) am was referred to the Rules Committee for placement on the calendar. SB 247 The Finance Committee has considered: CS FOR SENATE BILL NO. 247(2d FIN) "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing 1994-04-22 House Journal Page 3665 SB 247 lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, and setting limits on the duration of these agreements; providing definitions for applicable terms; and providing for an effective date." and recommends it be replaced with the following committee substitute, with a new title pending authorization by HCR 36: HOUSE CS FOR CS FOR SENATE BILL NO. 247(FIN) "An Act making subject to prior legislative approval contracts entered into or renewed by the executive branch of state government, the legislative council, the Alaska Court System, and, with certain exceptions, the University of Alaska for the lease of real property if the lease has an annual rent payable that is anticipated to exceed $500,000 or has total payments that exceed $2,500,000 for the term of the lease, including any renewal options that are defined in the lease; prohibiting these entities from entering into or renewing a lease of real property if any or all renewal periods in the lease exceed the original term of the lease; making subject to prior legislative approval lease-purchase agreements that may be entered into by these entities to acquire real property, other than lease-purchase agreements to refinance outstanding balances on existing lease-purchase agreements and lease-purchase agreements secured by University of Alaska student fees and university receipts; authorizing these entities to enter into lease-purchase agreements only in the capacity of lessee under the proposed lease-purchase agreement; defining procedures that these entities must follow when considering whether or not to enter into lease-purchase agreements, setting limits on the duration of these agreements; providing definitions for applicable terms; and repealing a legislative authorization previously given for acquisition of a facility through a lease-purchase agreement; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: 1994-04-22 House Journal Page 3666 SB 247 Do pass (6): Larson, Hanley, Martin, Parnell, Grussendorf, MacLean No recommendation (3): Brown, Hoffman, Navarre Amend (2): Therriault, Foster The following fiscal notes apply to HCS CSSB 247(FIN): Senate zero fiscal note, Legislative Affairs Agency, 1/24/94 Senate zero fiscal note, Dept. of Administration, 2/2/94 SB 247 was referred to the Rules Committee for placement on the calendar. SB 251 The Finance Committee has considered: CS FOR SENATE BILL NO. 251(FIN) am "An Act relating to the commercial fishing revolving loan fund and the fisheries enhancement revolving loan fund; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) (same title) The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): MacLean, Grussendorf No recommendation (7): Larson, Hanley, Martin, Parnell, Navarre, Brown, Therriault The following fiscal note applies to HCS CSSB 251(FIN): Senate zero fiscal note, Dept. of Commerce & Economic Development, 2/18/94 1994-04-22 House Journal Page 3667 SB 251 CSSB 251(FIN) am was referred to the Rules Committee for placement on the calendar. SB 252 The Judiciary Committee has considered: HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) "An Act prohibiting the possession of child pornography." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 252(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (6): Green, Kott, James, Porter, Phillips, Nordlund The following fiscal notes apply to HCS CSSB 252(JUD): Senate zero fiscal note, Dept. of Public Safety, 2/18/94 Senate zero fiscal notes (2), Dept. of Administration, 2/18/94 Senate zero fiscal note, Dept. of Law, 2/18/94 Senate zero fiscal note, Dept. of Corrections, 2/18/94 CSSB 252(JUD) was referred to the Rules Committee for placement on the calendar. SB 293 The Judiciary Committee has considered: SENATE BILL NO. 293 "An Act relating to the authority of the commissioner of natural resources to reconvey, or relinquish an interest in, land to the United States if that land or interest being reconveyed or relinquished is identified in an amended application for a land allotment under federal law." 1994-04-22 House Journal Page 3668 SB 293 The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Kott, Porter, Phillips, Nordlund The following fiscal note applies to SB 293: Senate zero fiscal note, Dept. of Natural Resources, 3/24/94 SB 293 was referred to the Rules Committee for placement on the calendar. SB 303 The State Affairs Committee has considered: SENATE BILL NO. 303 "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (3): Vezey, Kott, Ulmer No recommendation (3): Sanders, G.Davis, Olberg The following fiscal notes apply to SB 303: Senate fiscal note, Dept. of Public Safety, 2/11/94 Senate fiscal note, Office of the Governor, 2/11/94 Senate fiscal notes (3), Department of Health & Social Services, 2/11/94 Senate fiscal note, Dept. of Community & Regional Affairs, 2/11/94 Senate zero fiscal note, Dept. of Education, 2/11/94 Senate zero fiscal note, Dept. of Revenue, 3/2/94 SB 303 was referred to the Finance Committee. SB 330 The Finance Committee has considered: 1994-04-22 House Journal Page 3669 SB 330 CS FOR SENATE BILL NO. 330(RLS) "An Act relating to water quality enhancement, water supply, wastewater, and solid waste grants; the Alaska clean water fund; the establishment of the Alaska clean water account, the Alaska drinking water fund, and the Alaska drinking water account; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (4): Grussendorf, Parnell, Brown, Navarre No recommendation (6): MacLean, Larson, Hanley, Martin, Therriault, Foster The following fiscal note applies to CSSB 330(RLS): Senate zero fiscal note, Dept. of Environmental Conservation, 2/24/94 CSSB 330(RLS) was referred to the Rules Committee for placement on the calendar. SB 332 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 332(JUD) "An Act relating to the possession of 25 or more marijuana plants." The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (5): Green, Kott, Porter, Phillips, Nordlund The following fiscal note applies to CSSB 332(JUD): Senate zero fiscal note, Dept. of Public Safety, 4/12/94 CSSB 332(JUD) was referred to the Rules Committee for placement on the calendar. 1994-04-22 House Journal Page 3670 SB 342 The State Affairs Committee has considered: CS FOR SENATE BILL NO. 342(L&C) "An Act relating to risk based capital for insurers; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 342(STA) (same title) The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (2): Vezey, Ulmer No recommendation (4): Kott, Sanders, G.Davis, Olberg The following fiscal note applies to HCS CSSB 342(STA): Senate zero fiscal note, Dept. of Commerce & Economic Development, 3/18/94 CSSB 342(L&C) was referred to the Judiciary Committee. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Colony Boys Cross Country Team By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - D. John Witteveen By Representative Davidson; Senator Zharoff Honoring - Matthew Weaver, Teacher of the Year By Representatives Menard, Carney, Larson; Senators Kerttula, Halford 1994-04-22 House Journal Page 3671 Honoring - Colony Girls Swim Team By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Jack Forrester, Assistant Principal of the Year By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Colony Girls Cross Country Team By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Lions Clubs International and Lions Multiple District 49 By Senator Halford Honoring - Chaplain Bert McQueen, Anchorage Police Chaplain Program By Senator Leman; Representative Martin Honoring - Alaska All-Star Bantam B's, 1994 Bantam B State Hockey Champions, Third Place, National Bantam B Tournament By Senator Phillips; Representatives Carney, Kott, Mulder, Willis; and, Recognizing and Honoring - Crime Victims Rights Week and Victims for Justice By Representatives Porter, Phillips which was taken up later as a Special Order of Business. INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE RESOLUTIONS HCR 36 HOUSE CONCURRENT RESOLUTION NO. 36 by the House Finance Committee: Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the Alaska State Legislature concerning Senate Bill No. 247, relating to state leases and to state lease-purchase and lease-financing agreements. was read the first time and referred to the Rules Committee. 1994-04-22 House Journal Page 3672 INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 546 HOUSE BILL NO. 546 by the House Rules Committee by request of the House Constitutional Revision Task Force, entitled: "An Act relating to the Commission on the Constitution." was read the first time and referred to the Judiciary Committee. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 445 The following was read the second time: HOUSE BILL NO. 445 "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." with the: Journal Page -3 ZERO FISCAL NOTES (2-ADM, LAW) 2/4/94 2262 -FISCAL NOTE (DPS) 2/4/94 2262 GOVERNOR'S TRANSMITTAL LETTER 2262 JUD RPT 5DP 2NR 2811 -PREVIOUS FISCAL NOTE (DPS) 2/4/94 2812 -3 PREVIOUS ZERO FNS (LAW, 2-ADM) 2/4/94 2812 FIN RPT 7DP 2NR 3579 -PREVIOUS FISCAL NOTE (DPS) 2/4/94 3579 -3 PREVIOUS ZERO FNS (2-ADM, LAW) 2/4/94 3579 1994-04-22 House Journal Page 3673 HB 445 Amendment No. 1 was offered by Representative Porter: Page 3, line 5, after "vehicle": Insert "or commercial motor vehicle" Page 3, line 10, after "vehicle": Insert "or commercial motor vehicle" Page 4, lines 8 - 10: Delete "or (g) [AS28.35.032 WHILE UNDER ARREST FOR OPERATING A MOTOR VEHICLE, COMMERCIAL MOTOR VEHICLE, OR AIRCRAFT WHILE INTOXICATED];" Insert "[AS28.35.032] while under arrest for operating a motor vehicle, commercial motor vehicle, or aircraft while intoxicated, or authorized under AS28.35.031(g);" Representative Porter moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Ulmer objected and withdrew the objection. There being no further objection, Amendment No. 1 was adopted. Representative Phillips moved and asked unanimous consent that HB 445 am be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. HB 445 am was read the third time. 1994-04-22 House Journal Page 3674 HB 445 The question being: "Shall HB 445 am pass the House?" The roll was taken with the following result: HB 445 am Third Reading Final Passage YEAS: 36 NAYS: 0 EXCUSED: 2 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Menard Absent: MacLean, Parnell And so, HB 445 am passed the House. Representative Ulmer gave notice of reconsideration of her vote on HB 445 am. SECOND READING OF SENATE BILLS SB 220 The following was read the second time: CS FOR SENATE BILL NO. 220(STA) "An Act amending schedule IA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" with the: Journal Page STA RPT 4DP 1NR 3124 -2 PREVIOUS SEN ZERO FNS (DPS,LAW) 2/14 3124 JUD RPT 5DP 1NR 3598 -2 PREVIOUS SEN ZERO FNS (DPS,LAW)2/14 3599 1994-04-22 House Journal Page 3675 SB 220 Representative Phillips moved and asked unanimous consent that CSSB 220(STA) be considered engrossed, advanced to third reading and placed on final passage. CSSB 220(STA) was read the third time. The question being: "Shall CSSB 220(STA) pass the House?" The roll was taken with the following result: CSSB 220(STA) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Menard Absent: MacLean And so, CSSB 220(STA) passed the House and was signed by the Speaker and Chief Clerk and returned to the Senate. SB 221 Representative Phillips moved and asked unanimous consent that the following be returned to the Rules Committee: 1994-04-22 House Journal Page 3676 SB 221 SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." There being no objection, it was so ordered. SB 322 The following was read the second time: CS FOR SENATE BILL NO. 322(FIN) "An Act repealing the requirement that an oil or gas lease sale be held during the calendar quarter for which scheduled under the leasing program and repealing related allowable delays for certain oil and gas lease sales under the Alaska Land Act; and providing for an effective date." with the: Journal Page O&G RPT 4DP 1NR 2934 -PREVIOUS SEN ZERO FN (DNR) 2/23/94 2934 JUD RPT 5DP 3584 -PREVIOUS SENATE ZERO FN (DNR) 2/23/94 3585 Representative Phillips moved and asked unanimous consent that CSSB 322(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 322(FIN) was read the third time. The question being: "Shall CSSB 322(FIN) pass the House?" The roll was taken with the following result: CSSB 322(FIN) Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 1994-04-22 House Journal Page 3677 SB 322 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: Davidson, Menard Absent: MacLean And so, CSSB 322(FIN) passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 322(FIN) was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF HOUSE BILLS HB 531 The following, which was advanced to third reading from the April 20, 1994, calendar (page 3630), was read the third time: 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." 1994-04-22 House Journal Page 3678 HB 531 A Title Amendment was offered by Representatives Mackie and Hanley: Page 1, lines 1 - 2: Delete all material. Insert ""An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and" Representative Mackie moved and asked unanimous consent that the Title Amendment be adopted. There being no objection, it was so ordered and the new title appears below: CS FOR HOUSE BILL NO. 531(STA) am "An Act relating to the Milk Control Advisory Board, Museum Collections Advisory Committee, Alaska Workers' Compensation Board, resource development authorities, Board of Parole, railroad labor relations agency, Alaska School Activities Association, Steering Council for Alaska Lands, Rural Affairs Commission, Governor's Commission on the Involvement of Young People in Government, Yukon-Taiya Commission, environmental advisory board, Alaska Gas Pipeline Financing Authority, and Alaska Manpower Services Council; and providing for an effective date." **The presence of Representative MacLean was noted. Representative Finkelstein moved and asked unanimous consent that CSHB 531(STA) am be returned to second reading for the specific purpose of rescinding previous action on New Amendment No. 1. Objection was heard. Representative Finkelstein moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 1994-04-22 House Journal Page 3679 HB 531 The question being: "Shall CSHB 531(STA) am pass the House?" The roll was taken with the following result: CSHB 531(STA) am Third Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 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, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin Excused: Davidson, Menard And so, CSHB 531(STA) am passed the House. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. Representative Finkelstein gave notice of reconsideration of his vote on CSHB 531(STA) am. THIRD READING OF SENATE BILLS SB 255 The following, which was advanced to third reading from the April 20, 1994, calendar (page 3634), was read the third time: CS FOR SENATE BILL NO. 255(STA) am H "An Act establishing a comprehensive policy relating to human resource development in the state." 1994-04-22 House Journal Page 3680 SB 255 The question being: "Shall CSSB 255(STA) am H pass the House?" The roll was taken with the following result: CSSB 255(STA) am H Third Reading Final Passage YEAS: 25 NAYS: 12 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean, Moses, Mulder, Nordlund, Olberg, Parnell, Porter, Sanders, Therriault, Toohey, Williams, Willis Nays: Brown, Carney, Davies, Finkelstein, Hoffman, Martin, Navarre, Nicholia, Phillips, Sitton, Ulmer, Vezey Excused: Davidson, Menard Absent: Mackie And so, CSSB 255(STA) am H passed the House. Representative Sitton gave notice of reconsideration of his vote on CSSB 255(STA) am H. SECOND READING OF HOUSE RESOLUTIONS HCR 32 The following was read the second time: HOUSE CONCURRENT RESOLUTION NO. 32 Establishing the Joint Task Force on Military Bases in Alaska. with the: Journal Page FIN RPT 4DP 7NR 3578 -ZERO FISCAL NOTE (LAA) 4/19/94 3579 1994-04-22 House Journal Page 3681 HCR 32 The question being: "Shall HCR 32 pass the House?" The roll was taken with the following result: HCR 32 Second Reading Final Passage YEAS: 37 NAYS: 1 EXCUSED: 2 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davies Excused: Davidson, Menard And so, HCR 32 passed the House. Representative Davies gave notice of reconsideration of his vote on HCR 32. 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 - Commander Dennis D. "Buzz" Rome By Representatives Hudson, Ulmer, B.Davis, Foster, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Willis; Senator Duncan Honoring - Jack and Steve Foster, Foster Construction By Representatives G.Davis, Phillips, B.Davis, Foster, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Toohey, Ulmer, Willis 1994-04-22 House Journal Page 3682 Honoring - Hoonah High School Braves, 1994 Southeast Region 2-A Champions By Representatives Mackie, B.Davis, Finkelstein, Green, James, MacLean, Menard, Navarre, Nicholia, Parnell, Porter, Ulmer, Willis; Senator Zharoff Honoring - Craig High School Panthers, 1994 Southeast Region 1-A Champions By Representatives Mackie, B.Davis, Finkelstein, Green, James, MacLean, Menard, Navarre, Nicholia, Parnell, Porter, Ulmer, Willis; Senator Zharoff Honoring - Kake High School Thunderbirds, 1994 Southeast Region 2-A Champions By Representatives Mackie, B.Davis, Finkelstein, Green, James, MacLean, Menard, Navarre, Nicholia, Parnell, Porter, Ulmer, Willis; Senator Zharoff Honoring - Klawock High School Chieftains, 1994 Southeast Region 1-A Champions By Representatives Mackie, B.Davis, Finkelstein, Green, James, MacLean, Menard, Navarre, Nicholia, Parnell, Porter, Ulmer, Willis; Senator Zharoff Honoring - Major General David A. Bramlett By Representatives Mulder, Brice, B.Davis, G.Davis, Foster, Hanley, James, Kott, Mackie, Martin, Menard, Navarre, Nicholia, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Honoring - George Ritz By Representatives Willis, Kott, Carney, B.Davis, Finkelstein, James, Mackie, Menard, Mulder, Navarre, Nicholia, Sanders, Ulmer; Senator Phillips Honoring - James Armstrong, Commissioner of Good Works By Senators Donley, Kelly; Representatives Mulder, Navarre, B.Davis, G.Davis, Hanley, James, Kott, Mackie, MacLean, Martin, Menard, Nicholia, Nordlund, Phillips, Porter, Ulmer, Willis In Memoriam - Fennish Gardner By Representatives B.Davis, G.Davis, Foster, James, Mackie, MacLean, Menard, Nicholia, Sanders, Sitton, Toohey, Ulmer, Willis 1994-04-22 House Journal Page 3683 SPECIAL ORDER OF BUSINESS Representative Phillips moved and asked unanimous consent that the following citation be taken up as a Special Order at this time: Recognizing and Honoring - Crime Victims Rights Week and Victims for Justice By Representatives Porter, Phillips, Brown, Bunde, Green, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Mulder, Navarre, Nicholia, Nordlund, Parnell, Sanders, Toohey, Ulmer, Willis There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that the House approve the citation. There being no objection, it was so ordered. The citation was sent to enrolling. UNFINISHED BUSINESS HB 254 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3657) on the following at this time: CS FOR HOUSE BILL NO. 254(JUD) am(ct rule fld) "An Act relating to open meetings of governmental bodies." and SENATE CS FOR CS FOR HOUSE BILL NO. 254(RLS) am S "An Act relating to open meetings of governmental bodies; and providing for an effective date." There being no objection, it was so ordered. 1994-04-22 House Journal Page 3684 HB 254 Representative Phillips moved that the House concur in the Senate amendment to CSHB 254(JUD) am(ct rule fld), thus adopting SCS CSHB 254(RLS) am S, and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 254(JUD) am(ct rule fld)?" The roll was taken with the following result: SCS CSHB 254(RLS) am S Concur YEAS: 15 NAYS: 22 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, G.Davis, Foster, Hudson, James, Kott, Mackie, MacLean, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Williams Nays: Brown, Bunde, Carney, Davies, B.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Larson, Martin, Navarre, Nicholia, Nordlund, Parnell, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Excused: Davidson, Menard Absent: Brice And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 254(RLS) am S. The Chief Clerk was instructed to so notify the Senate and respectfully request it to recede. In the event the Senate fails to recede from its amendment, the Speaker appointed the following members to a Conference Committee to meet with a like committee from the Senate to consider the above bills: Representative Vezey, Chair Representative MacLean Representative Mackie HB 59 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3657) on the following at this time: 1994-04-22 House Journal Page 3685 HB 59 CS FOR HOUSE BILL NO. 59(MLV) "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska; and providing for an effective date." and SENATE CS FOR CS FOR HOUSE BILL NO. 59(FIN) "An Act making a special appropriation to the Department of Natural Resources for refunds to certain veterans who purchased state land and for reimbursement to the University of Alaska for the veterans' land discount applied to land transferred to the University of Alaska." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 59(MLV), thus adopting SCS CSHB 59(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 59(FIN)?" The roll was taken with the following result: SCS CSHB 59(FIN) Concur YEAS: 37 NAYS: 0 EXCUSED: 2 ABSENT: 1 Yeas: Barnes, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-04-22 House Journal Page 3686 HB 59 Excused: Davidson, Menard Absent: Brice And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 59(FIN). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 59(FIN) was referred to the Chief Clerk for enrollment. HB 356 The Speaker waived the Finance Committee referral on the following at the request of Representative Larson, Co-chair: HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." HB 356 was removed from the Finance Committee and sent to the Rules Committee for placement on the calendar. SB 349 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: CS FOR SENATE BILL NO. 349(JUD) "An Act amending Alaska Rule of Criminal Procedure 6(r) relating to admissibility of hearsay evidence by peace officers before the grand jury." CSSB 349 is currently in the State Affairs Committee. 1994-04-22 House Journal Page 3687 SB 351 The Speaker added a Finance Committee referral to the following and waived the Judiciary Committee referral at the request of Representative Porter, Chair: SENATE BILL NO. 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." SB 351 was removed from the Judiciary Committee and sent to the Finance Committee. SB 353 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: CS FOR SENATE BILL NO. 353(JUD) "An Act amending Alaska Rule of Criminal Procedure 24(d) relating to peremptory challenges of jurors in felony criminal proceedings." CSSB 353(JUD) is currently in the State Affairs Committee. The Speaker stated that, without objection, the House would revert to: INTRODUCTION, FIRST READING AND REFERENCE OF HOUSE BILLS HB 547 HOUSE BILL NO. 547 by the House Judiciary Committee, entitled: "An Act relating to the manner of calculating the taxable value of oil and gas for purposes of levy and collection of the oil and gas properties production tax; and providing for an effective date." was read the first time and referred to the Finance Committee. 1994-04-22 House Journal Page 3688 UNFINISHED BUSINESS HB 350 Representative Therriault added his name as cosponsor to: HOUSE BILL NO. 350 "An Act requiring that all official interviews with children who are alleged to have been abused or neglected be videotaped." SB 33 Representative Williams added his name as cross-sponsor to: CS FOR SENATE BILL NO. 33(FIN) "An Act relating to emergency planning and response; transferring the Hazardous Substance Spill Technology Review Council to the Department of Environmental Conservation; transferring the Alaska State Emergency Response Commission, including its duty to designate local emergency planning districts and appoint local emergency planning committees, to the Department of Military and Veterans' Affairs; and eliminating a requirement that the state and regional oil discharge prevention and contingency plans be revised annually." SB 132 Representative Williams added his name as cross-sponsor to: CS FOR SENATE BILL NO. 132(RES) am "An Act relating to loans for the purchase of individual fishery quota shares; and providing for an effective date." SB 220 Representative Nicholia added her name as cross-sponsor to: CS FOR SENATE BILL NO. 220(STA) "An Act amending schedule IA of the schedules of controlled substances applicable to offenses relating to controlled substances to add the drug methcathinone, commonly identified as `cat.'" 1994-04-22 House Journal Page 3689 SB 221 Representatives Nicholia and Williams added their names as cross- sponsors: SENATE BILL NO. 221 "An Act relating to arrest of a person for illegal possession, consumption, or control of alcohol; and providing for an effective date." ENGROSSMENT SB 45 Reconsideration of the following was not taken up on this legislative day. It was signed by the Speaker and Chief Clerk and returned to the Senate: 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." ENROLLMENT HB 306 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 3.54 p.m., April 21, 1994: CS FOR HOUSE BILL NO. 306(RES) am S "An Act relating to an optional municipal tax credit for costs of certain river habitat protection improvements." 1994-04-22 House Journal Page 3690 HB 504 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 3:54 p.m., April 21, 1994: HOUSE BILL NO. 504 "An Act relating to sale of alcoholic beverages to military personnel who are guests in certain clubs." HB 199 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 1:02 p.m., April 22, 1994: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Judiciary Committee Capitol 120 1:00 p.m., 4/22 (CANCELED) Finance Committee Capitol 519 1:30 p.m., 4/22 (CANCELED) ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 25, 1994. There being no objection, the House adjourned at 12:26 p.m. Suzi Lowell Chief Clerk