Legislature(1993 - 1994)
1994-04-25 House Journal
Full Journal pdf1994-04-25 House Journal Page 3697 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Monday April 25, 1994 One Hundred Sixth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:16 a.m. Roll call showed 26 members present. Representatives Foster had been previously excused from a call of the House today. Representative B.Davis was excused from a call of the House today until 11:15 a.m. for medical reasons. Representatives Davidson, Davies, Finkelstein, Hanley, Hudson, James, MacLean, Menard, Mulder, Nordlund and Williams were absent. Representative Phillips moved and asked unanimous consent that the following member be excused from a call of the House as noted: Representative Mackie - until 11:00 a.m., today There being no objection, it was so ordered. The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Juneau Seventh-Day Adventist Church. Representative Kott moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "`Our Father who art in Heaven, Hallowed be thy name, Thy Kingdom come, Thy will be done, On earth as it is in Heaven.' 1 1994-04-25 House Journal Page 3698 Almighty God, we thank You for the gift of life You have given to each of us today, for the things we sometimes take for granted: food, shelter, and our families; but most of all, Father, we thank You for the opportunity to serve our fellow human beings in this legislative session. Father, we ask also for divine wisdom to guide us in all of our activities today, be it in our public or private life. May Your love, compassion, justice, and mercy be exemplified in each of us this day. Guide our world leaders as they seek to solve the problems of this planet, and finally Father, when we close this day, may we be able to say, thank You Father for guiding me. `Thy will be done on earth as it is in Heaven.' In Jesus' name, we lift our prayer, Amen." The Pledge of Allegiance was led by Representative Navarre. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 103rd legislative day with the following correction, and for the 104th and 105th legislative days be approved as certified by the Chief Clerk. There being no objection, it was so ordered. HB 59 Page 3685: In the question, replace "CSHB 59(FIN)", with "CSHB 59(MLV)" 1994-04-25 House Journal Page 3699 SB 45 Page 3689: Substitute the following language: "Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration:" MESSAGES FROM THE GOVERNOR HR 9 A message dated April 22, 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: HOUSE RESOLUTION NO. 9 am Protecting the lifestyle of pachyderms. House Resolve No. 8 HCR 28 A message dated April 22, 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: 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. Legislative Resolve No. 36 1994-04-25 House Journal Page 3700 HCR 30 A message dated April 22, 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: HOUSE CONCURRENT RESOLUTION NO. 30 Relating to the twenty-sixth annual Girls' State. Legislative Resolve No. 35 SCR 13 A message dated April 22, 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. 13 Relating to the Gold Rush Centennial Decade. Legislative Resolve No. 37 SJR 51 A message dated April 22, 1994, was read stating the Governor has signed the following resolution and is transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE JOINT RESOLUTION NO. 51 am H Expressing support for the development of a fiberboard plant in Sitka; encouraging the Alaska Industrial Development and Export Authority to continue its efforts to assist with that development; and requesting the United States Forest Service to continue a long-term timber purchase contract necessary to supply material to the plant. Legislative Resolve No. 34 1994-04-25 House Journal Page 3701 SB 152 The following letter, dated April 22, 1994, was received: "Dear Speaker Barnes: I am allowing the following bill to become law without my signature and am transmitting the engrossed and enrolled copies to the Lieutenant Governor's Office for permanent filing: SENATE BILL NO. 152 "An Act changing the frequency of certain state inspections of weights and measures and relating to the issuance of citations for weights and measures violations." Chapter No. 15, SLA 1994 [Effective date: July 21, 1994] While I generally approve of the bill's concept of providing an additional management tool to address declining state revenues by reducing certain mandatory state inspections of weights and measures from two to one a year, I am uncertain that the reduced number of mandatory state inspections is in the public interest. Although the bill does allow the state to conduct more frequent inspections `as considered necessary,' the current fiscal situation of the state makes maintaining the same level of inspections to protect the public less of a possibility if the inspections are not mandatory. Therefore, the public may not always benefit if SB 152 becomes law. Even so, I believe that the advantages represented by this bill outweigh my concerns. Therefore, I have decided to allow SB 152 to become law without my signature. Sincerely, /s/ Walter J. Hickel Governor" 1994-04-25 House Journal Page 3702 MESSAGES FROM THE SENATE HCR 29 A message dated April 22, 1994, was read stating the Senate has passed: HOUSE CONCURRENT RESOLUTION NO. 29 am Relating to the military operations areas environmental impact statement of the United States Air Force. HCR 29 am was referred to the Chief Clerk for enrollment. HJR 63 A message dated April 22, 1994, was read stating the Senate has passed: HOUSE JOINT RESOLUTION NO. 63 Relating to the membership of the Republic of China on Taiwan in the United Nations. HJR 63 was referred to the Chief Clerk for enrollment. HB 132 A message dated April 22, 1994, was read stating the Senate has passed CSHB 132(FIN) with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES) "An Act extending the time period of permits issued by the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources relating to the extraction or removal of resources if the permittee, or an agency issuing a permit to the permittee, is involved in administrative or judicial proceedings concerning the issuance or validity of a permit related to the extraction or removal of resources, and the permittee is unwilling to engage in the resource extraction or removal activity due to the proceedings." CSHB 132(FIN) is under Unfinished Business. 1994-04-25 House Journal Page 3703 HB 370 A message dated April 22, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." with the following amendment and it is transmitted for consideration: SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." CSHB 370(FIN)(brf fld) is under Unfinished Business. A message dated April 21, 1994, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 308 CS FOR SENATE BILL NO. 308(FIN) am by the Senate Finance Committee, entitled: "An Act modifying administrative procedures and decisions by state agencies that relate to uses and dispositions of state land, property, and resources, and to the interests within them; and modifying administrative procedures and decisions by state agencies that relate to uses and activities involving land, property, and resources, and to the interests within them, that are subject to the coastal management program when the use or activity is to be authorized or developed in phases; and providing for an effective date." 1994-04-25 House Journal Page 3704 SB 308 was read the first time and referred to the Judiciary Committee. **The presence of Representatives Hudson, Mulder, and Williams was noted. REPORTS OF STANDING COMMITTEES SB 46 The Resources Committee has considered: CS FOR SENATE BILL NO. 46(FIN) "An Act relating to moose farming and relating to game farming." and recommends it be replaced with the following committee substitute with a technical title change: HOUSE CS FOR CS FOR SENATE BILL NO. 46(RES) "An Act relating to moose farming and relating to game farming; and providing for an effective date." The report was signed by Representative Williams, Chair, with the following individual recommendations: Do pass (5): Finkelstein, Hudson, James, Mulder, Carney Do not pass (1): Green No recommendation (3): Bunde, Davies, Williams The following fiscal notes apply to HCS CSSB 46(RES): Fiscal note, Dept. of Natural Resources, 4/25/94 Zero fiscal note, Dept. of Fish & Game, 4/25/94 Zero fiscal note, Dept. of Environmental Conservation, 4/25/94 1994-04-25 House Journal Page 3705 SB 46 CSSB 46(FIN) was referred to the Finance Committee. **The presence of Representatives Finkelstein and Nordlund was noted. SB 151 The Finance Committee has considered: SENATE BILL NO. 151 "An Act providing for oil and gas exploration incentive credits for certain activities on certain land in the state; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR SENATE BILL NO. 151(FIN) (same title) The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (9): Larson, Navarre, Hanley, Martin, Parnell, Hoffman, Grussendorf, Therriault, Brown The following fiscal notes apply to HCS SB 151(FIN): Zero fiscal note, Dept. of Revenue, 3/7/94 Zero fiscal note, Dept. of Natural Resources, 2/2/94 SB 151 was referred to the Rules Committee for placement on the calendar. SB 212 The Finance Committee has considered: CS FOR SENATE BILL NO. 212(FIN) am "An Act relating to the giving of procurement notices; changing the content of the required procurement reports to the legislature by the commissioner of administration; relating to publications 1994-04-25 House Journal Page 3706 SB 212 produced by state agencies; establishing an innovative construction procurement methods pilot program; and establishing legislative findings, a legislative purpose, and legislative intent for state procurement; and providing for an effective date." and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) (same title) The report was signed by Representative Larson, Co-chair, with the following individual recommendations: Do pass (10): Larson, Hanley, Martin, Parnell, Grussendorf, Hoffman, Navarre, Brown, Therriault, Foster The following fiscal notes apply to HCS CSSB 212(L&C): Senate fiscal note, Dept. of Administration, 2/9/94 Senate fiscal note, Dept. of Transportation & Public Facilities, 2/9/94 Senate zero fiscal note, Dept. of Administration, 2/9/94 CSSB 212(FIN) am was referred to the Rules Committee for placement on the calendar. **The presence of Representative MacLean was noted. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Chugiak High Chaparrals Dance Drill Team By Representatives Kott, Willis, Carney; Senators Phillips, Halford Honoring - Marc Paul Gaguzis, JROTC Legion of Valor, Bronze Cross for Achievement By Representative Mulder 1994-04-25 House Journal Page 3707 Honoring - West High School U.S. Department of Education Blue Ribbon School of Excellence By Representative Nordlund Honoring - Army Sergeant First Class Steven Cashen for an Act of Courage By Representatives Ulmer, Hudson; Senator Duncan Honoring - Talkeetna National Register of Historic Places By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Beth Allen and Ryan Curtis Native Youth Olympics Two- Foot High Kick Champions By Representative Hoffman Honoring - Debbie Tilsworth, Executive Director, United Way of the Tanana Valley By Representative Brice Honoring - Lt. Colonel Barry H. Frank, MD By Senator Leman; Representative Martin **The presence of Representatives Davies and James was noted. UNFINISHED BUSINESS HB 370 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3702) on the following at this time: CS FOR HOUSE BILL NO. 370(FIN)(brf fld) "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; and providing for an effective date." and 1994-04-25 House Journal Page 3708 HB 370 SENATE CS FOR CS FOR HOUSE BILL NO. 370(FIN) am S "An Act making appropriations for the operating and loan program expenses of state government and to capitalize funds; making appropriations under art. IX, sec. 17(c), Constitution of the State of Alaska, from the constitutional budget reserve fund; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 370(FIN)(brf fld), thus adopting SCS CSHB 370(FIN) am S, and recommended that the members vote no. ** The presence of Representative Davidson was noted. The question being: "Shall the House concur in the Senate amendment to CSHB 370(FIN)(brf fld)?" The roll was taken with the following result: SCS CSHB 370(FIN) am S Concur YEAS: 4 NAYS: 31 EXCUSED: 3 ABSENT: 2 Yeas: Brown, Carney, Davies, Navarre Nays: Barnes, Brice, Bunde, Davidson, G.Davis, Finkelstein, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Excused: B.Davis, Foster, Mackie Absent: Hanley, Menard And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS CSHB 370(FIN) am S. 1994-04-25 House Journal Page 3709 HB 370 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 Larson, Chair Representative Hanley Representative Grussendorf ANNOUNCEMENTS Majority Caucus Speaker's Chamber upon recess, 4/25 Minority Caucus upon recess, 4/25 The Speaker stated that, without objection, the House would recess to a call of the Chair. And so, the House recessed at 10:42 a.m. AFTER RECESS The House was called back to order at 12:57 p.m. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 328 The following was read the second time: HOUSE BILL NO. 328 "An Act relating to motor vehicle registration and registration fees; to fees for drivers' licenses and permits; and providing for an effective date." 1994-04-25 House Journal Page 3710 HB 328 with the: Journal Page STA RPT CS(STA) NEW TITLE 4DP 1NR 1AM 2673 -FISCAL NOTE (DPS) 3/9/94 2673 FIN RPT CS(FIN) NEW TITLE 3DP 4NR 3553 -FISCAL NOTE (DPS) 4/18/94 3554 **The presence of Representatives Hanley and Menard was noted. 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. 328(FIN) "An Act allowing motor vehicle registration and licensing fees to be paid by credit card." Representative Ulmer objected and withdrew the objection. There being no further objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 328(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 328(FIN) was read the third time. The question being: "Shall CSHB 328(FIN) pass the House?" The roll was taken with the following result: CSHB 328(FIN) Third Reading Final Passage YEAS: 34 NAYS: 2 EXCUSED: 1 ABSENT: 3 Yeas: Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-04-25 House Journal Page 3711 HB 328 Nays: Brown, Kott Excused: Foster Absent: Mackie, Navarre, Nicholia And so, CSHB 328(FIN) passed the House. Representative Menard gave notice of reconsideration of his vote on CSHB 328(FIN). HB 106 The following was read the second time: HOUSE BILL NO. 106 "An Act establishing the Alaska education technology program; and providing for an effective date." with the: Journal Page HES RPT CS(HES) 2DP 1DNP 5NR 1320 -3 FISCAL NOTES (DOE, DOE, REV) 4/19/93 1320 FIN RPT CS(FIN) 4DP 4NR 2450 -3 FISCAL NOTES (DOE, DOE, REV) 2/18/94 2450 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. 106(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 106(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. 1994-04-25 House Journal Page 3712 HB 106 CSHB 106(FIN) was read the third time. The question being: "Shall CSHB 106(FIN) pass the House?" The roll was taken with the following result: CSHB 106(FIN) Third Reading Final Passage YEAS: 34 NAYS: 4 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: MacLean, Porter, Sanders, Vezey Excused: Foster Absent: Mackie And so, CSHB 106(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 clauses. There being no objection, it was so ordered. CSHB 106(FIN) was referred to the Chief Clerk for engrossment. HB 234 The following was read the second time: HOUSE BILL NO. 234 "An Act relating to endowments and donations of the University of Alaska and the University of Alaska endowment trust fund; and providing for an effective date." 1994-04-25 House Journal Page 3713 HB 234 with the: Journal Page HES RPT 2DP 1DNP 5NR 2671 -FISCAL NOTE (REV) 3/9/94 2672 -ZERO FISCAL NOTE (UA) 3/9/94 2672 FIN RPT 4DP 3NR 3229 -PREVIOUS FISCAL NOTE (REV) 3/9/94 3230 -PREVIOUS ZERO FISCAL NOTE (UA) 3/9/94 3230 Representative Phillips moved and asked unanimous consent that HB 234 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 234 was read the third time. The question being: "Shall HB 234 pass the House?" The roll was taken with the following result: HB 234 Third Reading Final Passage YEAS: 33 NAYS: 5 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Grussendorf, Hanley, Hoffman, Hudson, James, Larson, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Green, Kott, MacLean, Sanders, Vezey Excused: Foster Absent: Mackie And so, HB 234 passed the House. 1994-04-25 House Journal Page 3714 HB 234 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. HB 234 was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 44 The following was read the second time: 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." with the: Journal Page FIN RPT HCS(FIN) 4DP 1DNP 5NR 3662 -5 PREVIOUS SENATE ZERO FISCAL NOTES 3663 ...(COURT, ADM, LABOR, DCED, DNR) 2/9/94 3663 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Brown: Page 3, line 21: Delete "and" 1994-04-25 House Journal Page 3715 SB 44 Page 3, line 23: Delete "." Insert "; and (5) retain the comparative negligence or comparative fault analysis applicable under existing law where an injury results from a violation of AS05.45, the plan of operation, or a regulation adopted under AS05.20.070 on the part of the ski area operator or from a combination of such a violation on the part of the ski area operator and an inherent risk of skiing." Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Ulmer: Page 14, line 17: Delete "slope design," Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Mulder objected. **The presence of Representative Mackie, who had been previously excused from a call of the House today (page 3697), was noted. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Second Reading Amendment No. 2 YEAS: 21 NAYS: 17 EXCUSED: 1 ABSENT: 1 1994-04-25 House Journal Page 3716 SB 44 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Larson, Mackie, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis Nays: G.Davis, Green, Hanley, Hoffman, Hudson, James, Kott, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Toohey, Vezey, Williams Excused: Foster Absent: Therriault And so, Amendment No. 2 was adopted. Amendment Nos. 3, 4, 5 and 6 were not offered. Amendment No. 7 was offered by Representative Bunde: Page 13, line 24, after "enforced.": Insert "A ski area operator who violates this subsection is subject to a civil fine not to exceed $10,000. The attorney general may enforce this subsection" Representative Bunde moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Mulder objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Second Reading Amendment No. 7 YEAS: 7 NAYS: 29 EXCUSED: 1 ABSENT: 3 1994-04-25 House Journal Page 3717 SB 44 Yeas: Bunde, Davidson, B.Davis, Finkelstein, Menard, Nordlund, Willis Nays: Barnes, Brown, Davies, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey Excused: Foster Absent: Brice, Carney, Williams And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Bunde: Page 14, lines 9 - 21: Delete all material and insert: "(3) "inherent danger and risk of skiing" means a necessary condition that is an integral part of the sport of skiing and that may not be eliminated or mitigated; the term "inherent danger and risk of skiing" does not include the negligence of a ski area operator under AS05.45.020(a), or acts or omissions of a ski area operator involving the use or operation of ski lifts;" Representative Bunde moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Parnell objected. The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Second Reading Amendment No. 8 YEAS: 5 NAYS: 33 EXCUSED: 1 ABSENT: 1 1994-04-25 House Journal Page 3718 SB 44 Yeas: Bunde, Davidson, Finkelstein, MacLean, Willis Nays: Barnes, Brice, Brown, Davies, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams Excused: Foster Absent: Carney And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Nordlund: Page 10, line 11, after "resulting": Insert "solely" Representative Nordlund moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Parnell objected. Representative Nordlund moved and asked unanimous consent to withdraw Amendment No. 9. There being no objection, it was so ordered. New Amendment No. 9 was offered by Representatives Nordlund and Parnell: Page 10, line 12: Delete "A skier may not recover from a ski area operator for an injury resulting from any of the" 1994-04-25 House Journal Page 3719 SB 44 Page 10, line 13: Delete "inherent" Insert "Inherent" Page 10, line 14: Delete ", including" Insert "include" Representative Nordlund moved and asked unanimous consent that New Amendment No. 9 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 44(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 44(FIN) am H was read the third time. The question being: "Shall HCS CSSB 44(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 44(FIN) am H Third Reading Final Passage YEAS: 29 NAYS: 8 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, Bunde, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams Nays: Barnes, Carney, Davies, B.Davis, Finkelstein, MacLean, Sitton, Willis 1994-04-25 House Journal Page 3720 SB 44 Excused: Foster Absent: Davidson, Mackie And so, HCS CSSB 44(FIN) am H 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 Mulder gave notice of reconsideration of his vote on HCS CCSB 44(FIN) am H. SB 33 The following was read the second time: 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." with the: Journal Page CRA RPT 1DP 4NR 2AM 2759 LETTER OF INTENT WITH CRA REPORT 2760 -PREVIOUS SEN FN (S.FIN/DMVA) 2/18/94 2760 -PREVIOUS SEN FISCAL NOTE (DEC) 1/24/94 2760 FIN RPT HCS(FIN) 4DP 6NR 3661 -3 FISCAL NOTES (DMVA, 2-DEC) 4/22/94 3662 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: 1994-04-25 House Journal Page 3721 SB 33 HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) (same title) There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Navarre: Page 16, line 13: Delete "may" Insert "shall" Representative Navarre moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Mulder objected. Amendment to Amendment No. 1 was offered by Representative Navarre: Add the following: Page 16, line 13, after "time": Insert "the commissioner determines it necessary" Representative Navarre moved and asked unanimous consent that the amendment to Amendment No. 1 be adopted. There being no objection, it was so ordered. Objection was not maintained to Amendment No. 1 as amended, and so, it was adopted. Amendment No. 2 was offered by Representative Therriault: Page 6, line 18: Delete "two of whom must be members" Insert "one of whom must be a member" 1994-04-25 House Journal Page 3722 SB 33 Page 6, lines 19 - 20: Delete "two of whom must be members" Insert "one of whom must be a member" Page 6, line 21: Delete "Three" Insert "Five" Representative Therriault moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Second Reading Amendment No. 2 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Carney, Davies, B.Davis, Green, Hanley, James, Kott, Mackie, Menard, Moses, Mulder, Navarre, Olberg, Porter, Sitton, Therriault, Toohey, Ulmer, Vezey Nays: Barnes, Brice, Brown, Bunde, Davidson, G.Davis, Finkelstein, Grussendorf, Hoffman, Hudson, Larson, MacLean, Martin, Nicholia, Nordlund, Parnell, Phillips, Sanders, Williams, Willis Excused: Foster James changed from "Nay" to "Yea". Ulmer changed from "Nay" to "Yea". Mackie changed from "Nay" to "Yea". And so, Amendment No. 2 was not adopted. 1994-04-25 House Journal Page 3723 SB 33 Representative Phillips moved and asked unanimous consent that HCS CSSB 33(FIN) am H be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCSCSSB 33(FIN) am H was read the third time. The question being: "Shall HCS CSSB 33(FIN) am H pass the House?" The roll was taken with the following result: HCS CSSB 33(FIN) am H Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, 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, Williams, Willis Excused: Foster Absent: Vezey And so, HCS CSSB 33(FIN) am H passed the House and was referred to the Chief Clerk for engrossment. SB 210 The following was read the second time: 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 1994-04-25 House Journal Page 3724 SB 210 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." with the: Journal Page TRA RPT 3DP 3NR 2831 -PREVIOUS SEN FISCAL NOTE (DNR) 2/15/94 2832 -PREVIOUS SEN ZERO FISCAL NOTE (DOT) 2/7 2832 FIN RPT HCS(FIN) 8DP 2NR 3663 -PREVIOUS SENATE FISCAL NOTE (DNR) 2/15 3664 -PREVIOUS SENATE ZERO FN (DOT) 2/7/94 3664 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 210(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 210(FIN) was read the third time. The question being: "Shall HCS CSSB 210(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 210(FIN) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 1994-04-25 House Journal Page 3725 SB 210 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Green, 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, Willis Nays: Davidson, Grussendorf, Hoffman Excused: Foster And so, HCS CSSB 210(FIN) passed the House and was referred to the Chief Clerk for engrossment. SB 286 The following was read the second time: CS FOR SENATE BILL NO. 286(RLS) am "An Act relating to special conditions of mandatory parole; relating to conditions of mandatory and discretionary parole; extending the termination date of the Board of Parole; and providing for an effective date." with the: Journal Page JUD RPT 3DP 2NR 3583 -PREVIOUS SENATE ZERO FN (CORR)2/18/94 3584 Representative Phillips moved and asked unanimous consent that CSSB 286(RLS) am be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSSB 286(RLS) am was read the third time. The question being: "Shall CSSB 286(RLS) am pass the House?" The roll was taken with the following result: 1994-04-25 House Journal Page 3726 SB 286 CSSB 286(RLS) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, 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, Willis Excused: Foster And so, CSSB 286(RLS) 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. CSSB 286(RLS) am was signed by the Speaker and Chief Clerk and returned to the Senate. SB 251 The following was read the second time: 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." with the: Journal Page FIN RPT HCS(FIN) 2DP 7NR 3666 -PREVIOUS SENATE ZERO FN (DCED) 2/18/94 3666 1994-04-25 House Journal Page 3727 SB 251 Representative Phillips moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 251(FIN) be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The Speaker stated that HCS CSSB 251(FIN) will be in third reading on the April 27, 1994, calendar. 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 - Colony Boys Cross Country Team By Representatives Menard, Carney, Larson, Hoffman, James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - D. John Witteveen By Representatives Davidson, Hanley, Hoffman, James, Mackie, Navarre, Nicholia, Sanders, Ulmer, Willis; Senator Zharoff Honoring - Matthew Weaver, Teacher of the Year By Representatives Menard, Carney, Larson, Brown, Bunde, Davies, Hoffman, James, Mackie, MacLean, Mulder, Navarre, Nicholia, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford 1994-04-25 House Journal Page 3728 Honoring - Colony Girls Swim Team By Representatives Menard, Carney, Larson, Hoffman, James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Jack Forrester, Assistant Principal of the Year By Representatives Menard, Carney, Larson, Bunde, Davies, Hoffman, James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Colony Girls Cross Country Team By Representatives Menard, Carney, Larson, Hoffman, James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders, Toohey, Ulmer, Willis; Senators Kerttula, Halford Honoring - Lions Clubs International and Lions Multiple District 49 By Senator Halford; Representatives Carney, Willis, Bunde, James, Kott, Larson, Mackie, MacLean, Mulder, Navarre, Nicholia, Parnell, Sanders, Ulmer Honoring - Chaplain Bert McQueen, Anchorage Police Chaplain Program By Senator Leman; Representatives Martin, Bunde, James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders, Ulmer, Willis 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, Green, Hanley, Hoffman, James, Mackie, MacLean, Navarre, Nicholia, Parnell, Sanders, Ulmer, Vezey UNFINISHED BUSINESS HB 132 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3702) on the following at this time: 1994-04-25 House Journal Page 3729 HB 132 CS FOR HOUSE BILL NO. 132(FIN) "An Act extending the time period of permits issued by the Department of Environmental Conservation, the Department of Fish and Game, and the Department of Natural Resources relating to the extraction or removal of resources if the permittee, or an agency issuing a permit to the permittee, is involved in administrative or judicial proceedings concerning the issuance or validity of a permit related to the extraction or removal of resources, and the permittee is unwilling to engage in the resource extraction or removal activity due to the proceedings." and SENATE CS FOR CS FOR HOUSE BILL NO. 132(RES) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to CSHB 132(FIN), thus adopting SCS CSHB 132(RES), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to CSHB 132(FIN)?" The roll was taken with the following result: SCS CSHB 132(RES) Concur YEAS: 35 NAYS: 1 EXCUSED: 1 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Finkelstein 1994-04-25 House Journal Page 3730 HB 132 Excused: Foster Absent: Moses, Nicholia, Parnell And so, the House concurred in the Senate amendment, thus adopting SCS CSHB 132(RES). The Chief Clerk was instructed to so notify the Senate. SCS CSHB 132(RES) was referred to the Chief Clerk for enrollment. RECONSIDERATION HB 445 Representative Ulmer brought up reconsideration of the vote on HB 445 am (page 3674). The following was again before the House in third reading: HOUSE BILL NO. 445 am "An Act relating to operating or driving a motor vehicle, commercial motor vehicle, aircraft, or watercraft." A Title Amendment was offered by Representative Ulmer: Page 1, lines 1 - 2: Delete all material. Insert ""An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test."" Representative Ulmer 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: 1994-04-25 House Journal Page 3731 HB 445 HOUSE BILL NO. 445 am "An Act relating to administrative or court revocation of a driver's license resulting from operation of a motor vehicle, commercial motor vehicle, or aircraft; relating to chemical testing of a person's breath, urine, or blood if the person is involved in a motor vehicle accident that causes death or serious physical injury; relating to definitions applicable to commercial motor vehicle laws; relating to chemical testing of a person's breath, urine, or blood without the person's consent; and relating to the use in a civil or criminal action of the refusal of a person to submit to a chemical test." The question to be reconsidered: "Shall HB 445 am pass the House?" The roll was taken with the following result: HB 445 am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Brown, Davidson Excused: Foster Absent: Parnell B.Davis changed from "Nay" to "Yea". And so, HB 445 am passed the House on reconsideration and was referred to the Chief Clerk for engrossment. SB 255 Representative Ulmer brought up reconsideration of the vote on CSSB 255(STA) am H (page 3680). 1994-04-25 House Journal Page 3732 SB 255 The following was again before the House in third reading: CS FOR SENATE BILL NO. 255(STA) am H "An Act establishing a comprehensive policy relating to human resource development in the state." The question to be reconsidered: "Shall CSSB 255(STA) am H pass the House?" The roll was taken with the following result: CSSB 255(STA) am H--RECONSIDERATION Third Reading Final Passage YEAS: 30 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, Finkelstein, Navarre, Nicholia, Nordlund, Sitton, Ulmer Excused: Foster Absent: Parnell And so, CSSB 255(STA) am H passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 106 Representative Menard added his name as cosponsor to: CS FOR HOUSE BILL NO. 106(FIN) "An Act establishing the Alaska education technology program; and providing for an effective date." 1994-04-25 House Journal Page 3733 ENGROSSMENT HCR 32 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: HOUSE CONCURRENT RESOLUTION NO. 32 Establishing the Joint Task Force on Military Bases in Alaska. HB 106 CSHB 106(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 234 HB 234 was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 445 HB 445 am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 531 Reconsideration of the following was not taken up on this legislative day. It was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration: CS FOR HOUSE BILL NO. 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 establishing regional resource development authorities; and providing for an effective date." SB 33 HCS CSSB 33(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-04-25 House Journal Page 3734 SB 210 HCS CSSB 210(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 255 CSSB 255(STA) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENGROSSMENT AND ENROLLMENT HB 69 The following was engrossed and 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 11:15 a.m., April 25, 1994: 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)." ENROLLMENT HCR 25 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 11:15 a.m., April 25, 1994: CS FOR HOUSE CONCURRENT RESOLUTION NO. 25(L&C) am S Relating to a state materials exchange. HCR 27 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 11:15 a.m., April 25, 1994: 1994-04-25 House Journal Page 3735 HCR 27 HOUSE CONCURRENT RESOLUTION NO. 27 Relating to support for the National Rifle Association's gun safety program for children. HB 453 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 11:15 a.m., April 25, 1994: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. Community & Capitol 124 2:00 p.m., 4/25 Regional Affairs Committee (CANCELED) Finance Committee Capitol 519 upon adj., 4/25 (MEETING CONTINUED FROM MORNING) With appointment of the Conference Committee on the operating budget, Rule 23(d) of the Uniform Rules, which states that 24-hour written notice to the Chief Clerk is the minimum public notice requirement, is in effect as of April 25, 1994. Conference Committee on Capitol 518 3:00 p.m., 4/26 CSHB 370(FIN)(brf fld) and SCS CSHB 370(FIN) am S 1994-04-25 House Journal Page 3736 ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 27, 1994. There being no objection, the House adjourned at 3:17 p.m. Suzi Lowell Chief Clerk