Legislature(1993 - 1994)
1994-04-28 House Journal
Full Journal pdf1994-04-28 House Journal Page 3817 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Thursday April 28, 1994 One Hundred Ninth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 10:22 a.m. Roll call showed 36 members present. Representatives Davidson, Hanley, Hoffman and Therriault were absent. The invocation was offered by the Chaplain, Pastor Cordell E. Reiner of the Juneau Seventh-Day Adventist Church. Representative Parnell moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Almighty God, we come to Thee this morning again, that Your ear may hear our words. Consider our words and mediations and the cry of our thoughts. You are our king and God, The Holy One of Israel, Almighty, Everlasting, the only Potentate, King of Kings, and Lord of Lords. It is to You that we direct our prayer from this legislative session in Juneau, Alaska. Thank You for giving to us the stewardship of this planet. Help us we plead to care for it, as You cared for us. Thank You for the opportunity of serving in this legislature. May we also give back in service. Help us under the guidance of Your Holy Spirit to show impartiality, justice, long suffering, mercy and love as You have shown the same to us by the sacrifice of Your Son on calvary. 1 1994-04-28 House Journal Page 3818 Lead us, O Lord, in Your righteousness. Make Your way straight before our faces, that Your will may be worked out through us. In the name of Your Son we pray, Amen." The Pledge of Allegiance was led by Representative MacLean. CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 108th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HB 294 A message dated April 27, 1994, was read stating the Senate has passed: HOUSE BILL NO. 294 "An Act extending the termination date of the Board of Pharmacy." with the following amendment and technical title change: SENATE CS FOR HOUSE BILL NO. 294(L&C) "An Act extending the termination date of the Board of Pharmacy; and providing for an effective date." HB 294 is under Unfinished Business. HB 407 A message dated April 27, 1994, was read stating the Senate has passed: 1994-04-28 House Journal Page 3819 HB 407 HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates." with the following amendment and technical title change: SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." A Senate Finance Committee Letter of Intent was attached (page 3806 of the Senate Journal). HB 407 is under Unfinished Business. HB 370 A message dated April 27, 1994, was read stating the President has granted limited powers of free conference to the Senate members of the Conference Committee considering: 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 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." The Speaker had previously granted the limited powers of free conference as requested and the specific points for which limited powers were granted appear on page 3755. 1994-04-28 House Journal Page 3820 SB 33 A message dated April 27, 1994, was read stating the Senate has concurred in the House amendment to CSSB 33(FIN), thus adopting: HOUSE CS FOR CS FOR SENATE BILL NO. 33(FIN) am H "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 45 A message dated April 27, 1994, was read stating the Senate has concurred in the House amendment to: CS FOR SENATE BILL NO. 45(RLS)(efd fld) "An Act relating to persons under 21 years of age; relating to programs for runaway minors; providing for designation of shelters for runaway minors; relating to the detention and incarceration of minors." thus adopting: 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." with a technical title change. SB 210 A message dated April 27, 1994, was read stating the Senate has concurred in the House amendment to CSSB 210(FIN) am, thus adopting: 1994-04-28 House Journal Page 3821 SB 210 HOUSE CS FOR CS FOR SENATE BILL NO. 210(FIN) "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." SB 255 A message dated April 27, 1994, was read stating the Senate has failed to concur in the House amendment to CSSB 255(STA), namely: CS FOR SENATE BILL NO. 255(STA) am H "An Act establishing a comprehensive policy relating to human resource development in the state." and respectfully requests the House to recede from its amendment. CSSB 255(STA) am H is under Unfinished Business. A message dated April 27, 1994, was read stating the Senate has passed the following, and it is transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 338 CS FOR SENATE BILL NO. 338(FIN) by the Senate Finance Committee, entitled: "An Act relating to the issuance of revenue bonds for acquisition and construction of the Northern Crossroads Discovery Center for the Ship Creek Landings Project; relating to a study of the feasibility and financial viability of the Northern Crossroads Discovery Center; relating to construction of the Northern Crossroads Discovery Center; and providing for an effective date." 1994-04-28 House Journal Page 3822 SB 338 was read the first time and referred to the Labor & Commerce and Finance Committees. **The presence of Representative Hanley was noted. COMMUNICATIONS The following report is on file in Chief Clerk's office: Dept. of Health & Social Services Division of Alcoholism and Drug Abuse Directory of Approved Alcoholism and Drug Abuse Programs January 1994 (as required by AS 47.37.140(c)) REPORTS OF STANDING COMMITTEES HB 457 The Finance Committee has considered: HOUSE BILL NO. 457 "An Act making appropriations to satisfy the monetary terms of certain collective bargaining agreements for certain public safety employees under an arbitrator's decision; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): Brown, Larson Do not pass (4): MacLean, Martin, Therriault, Navarre No recommendation (3): Hanley, Parnell, Grussendorf 1994-04-28 House Journal Page 3823 HB 457 HB 457 was referred to the Rules Committee for placement on the calendar. SB 349 The State Affairs Committee has considered: 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." The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (4): Vezey, Kott, Sanders, G.Davis No recommendation (3): Olberg, B.Davis, Ulmer The following fiscal notes apply to CSSB 349(JUD): Senate zero fiscal notes (2), Dept. of Administration, 3/9/94 Senate zero fiscal note, Dept. of Law, 3/9/94 Senate zero fiscal note, Dept. of Public Safety, 3/9/94 CSSB 349(JUD) was referred to the Rules Committee for placement on the calendar. **The presence of Representative Therriault was noted. SB 353 The State Affairs Committee has considered: 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." 1994-04-28 House Journal Page 3824 SB 353 The report was signed by Representative Vezey, Chair, with the following individual recommendations: Do pass (5): Vezey, Kott, Sanders, G.Davis, B.Davis No recommendation (2): Olberg, Ulmer The following fiscal notes apply to CSSB 353(JUD): Senate zero fiscal notes (2), Dept. of Administration, 3/9/94 Senate zero fiscal note, Dept. of Public Safety, 3/9/94 Senate zero fiscal note, Dept. of Law, 3/9/94 CSSB 353(JUD) was referred to the Rules Committee for placement on the calendar. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - The American Legion, Department of Alaska 75th Anniversary By Representatives Mulder, Willis; Senator Little Honoring - Master Sergeant Marvin Jackson, Citizen of the Year By Senator Leman; Representatives Martin, Kott Honoring - Captain Max R. Miller Jr., United States Coast Guard Commanding Officer, Western Alaska Port & Marine Safety Office By Senator Salo; Representatives Navarre, Green Honoring - Alaska Sweet Adelines By Senators Salo, Leman Honoring - Sergeant Lyle Haugsven By Senator Adams; Representative MacLean 1994-04-28 House Journal Page 3825 CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 356 The following was read the second time: HOUSE BILL NO. 356 "An Act relating to living wills and do not resuscitate orders; and providing for an effective date." with the: Journal Page HES RPT 3DP 5NR 2809 -FISCAL NOTE (DHSS) 3/15/94 2809 -ZERO FISCAL NOTE (DCED) 3/15/94 2809 FIN REFERRAL ADDED 2809 JUD RPT 3DP 3NR 3039 -PREVIOUS FISCAL NOTE (DHSS) 3/15/94 3039 -PREVIOUS ZERO FISCAL NOTE (DCED) 3/15 3039 FINANCE REFERRAL WAIVED 3686 Representative Phillips moved and asked unanimous consent that HB 356 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HB 356 was read the third time. The question being: "Shall HB 356 pass the House?" The roll was taken with the following result: HB 356 Third Reading Final Passage YEAS: 36 NAYS: 2 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brown, Bunde, Carney, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis 1994-04-28 House Journal Page 3826 HB 356 Nays: Brice, Davies Absent: Davidson, Hoffman And so, HB 356 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 Davies gave notice of reconsideration of his vote on HB 356. HB 337 The following was read the second time: HOUSE BILL NO. 337 "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers." with the: Journal Page HES RPT CS(HES) NEW TITLE 4DP 4NR 2603 -3 ZERO FNS (LAW,DPS,CORR) 3/4/94 2603 JUD RPT CS(JUD) NEW TITLE 5DP 1NR 3191 -3 PREVIOUS ZERO FNS (CORR,DPS,LAW) 3/4 3191 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. 337(JUD) "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." There being no objection, it was so ordered. 1994-04-28 House Journal Page 3827 HB 337 Representative Phillips moved and asked unanimous consent that CSHB 337(JUD) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. CSHB 337(JUD) was read the third time. The question being: "Shall CSHB 337(JUD) pass the House?" The roll was taken with the following result: CSHB 337(JUD) Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Davidson, Hoffman And so, CSHB 337(JUD) passed the House and was referred to the Chief Clerk for engrossment. HB 412 The following, which was held under reconsideration in second reading with pending Amendment No. 2 as amended (page 3808), was again before the House: CS FOR HOUSE BILL NO. 412(HES) am "An Act relating to facilities for the care of children; to child placement agencies; to maternity homes; to certain residential facilities for adults; and to foster homes for adults; and providing for an effective date." 1994-04-28 House Journal Page 3828 HB 412 Representative Kott moved and asked unanimous consent to withdraw Amendment No. 2 as amended. There being no objection, it was so ordered. New Amendment No. 2 was offered by Representatives Kott, Hanley and Brown: Page 6, line 22: Delete "nine years of age or older" Insert "of any age" Representative Kott moved and asked unanimous consent that New Amendment No. 2 be adopted. Representative Ulmer objected and withdrew the objection. There being no further objection, New Amendment No. 2 was adopted. **The presence of Representative Davidson was noted. The question to be reconsidered: "Shall CSHB 412(HES) am pass the House?" The roll was taken with the following result: CSHB 412(HES) am--RECONSIDERATION Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: James, Olberg, Sitton 1994-04-28 House Journal Page 3829 HB 412 Absent: Hoffman Navarre changed from "Nay" to "Yea". James changed from "Yea" to "Nay". And so, CSHB 412(HES) am passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clauses. There being no objection, it was so ordered. CSHB 412(HES) am was referred to the Chief Clerk for engrossment. SECOND READING OF SENATE BILLS SB 24 The following was read the second time: SENATE BILL NO. 24 "An Act extending the maximum period of probation after conviction." with the: Journal Page JUD RPT 3DP 3NR 3582 -4 PREVIOUS SENATE ZERO FISCAL NOTES 3582 (CORR, DPS, LAW, COURT) 3/2/94 3582 FIN RPT 3DP 7NR 3749 -INDETERMINATE FN (H.FIN/CORR) 4/27 3749 -PREVIOUS SENATE ZERO FN (DPS) 2/4/94 3749 -2 PREVIOUS SEN ZERO FNS (COURT,LAW) 3/2 3749 Representative Phillips moved and asked unanimous consent that SB 24 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 24 was read the third time. The question being: "Shall SB 24 pass the House?" The roll was taken with the following result: 1994-04-28 House Journal Page 3830 SB 24 SB 24 Third Reading Final Passage YEAS: 37 NAYS: 0 EXCUSED: 0 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Willis Absent: Hoffman, Moses, Williams And so, SB 24 passed the House. Representative Vezey gave notice of reconsideration of his vote on SB 24. SB 164 The following was read the second time: CS FOR SENATE BILL NO. 164(RLS) "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 1994-04-28 House Journal Page 3831 SB 164 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." with the: Journal Page CRA RPT 5DP 1NR 3750 -PREVIOUS SENATE ZERO FN (DCRA) 3/2/94 3750 Representative Phillips moved and asked unanimous consent that CSSB 164(RLS) be considered engrossed, advanced to third reading and placed on final passage. Representative Ulmer objected. Representative Phillips rose to a point of order stating that debate was inappropriate in second reading. The Speaker stated the point was well taken but allowed debate to continue. **The presence of Representative Hoffman was noted. Representative Ulmer withdrew the objection. There being no further objection, CSSB 164(RLS) was read the third time. The question being: "Shall CSSB 164(RLS) pass the House?" The roll was taken with the following result: CSSB 164(RLS) Third Reading Final Passage YEAS: 30 NAYS: 10 EXCUSED: 0 ABSENT: 0 1994-04-28 House Journal Page 3832 SB 164 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Green, Grussendorf, Hanley, Hudson, Kott, Larson, Moses, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Williams, Willis Nays: Foster, Hoffman, James, Mackie, MacLean, Martin, Menard, Nicholia, Therriault, Vezey And so, CSSB 164(RLS) passed the House. Representative Vezey gave notice of reconsideration of his vote on CSSB 164(RLS). SB 248 The following was read the second time: CS FOR SENATE BILL NO. 248(RLS) am "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 5DP 4NR 3805 -3 PREVIOUS SENATE FNS (DHSS) 1/14/94 3805 -PREVIOUS SENATE FISCAL NOTE (ADM) 3/24 3805 -PREVIOUS SENATE ZERO FN (DPS) 2/18/94 3805 -PREVIOUS SENATE ZERO FN (ADM) 3/24/94 3805 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. 248(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 248(FIN) be considered engrossed, advanced to third reading and placed on final passage. 1994-04-28 House Journal Page 3833 SB 248 Representative Ulmer objected. The Speaker stated that HCS CSSB 248(FIN) will be in third reading on the April 29, 1994, calendar. SB 249 The following was read the second time: CS FOR SENATE BILL NO. 249(HES) am "An Act relating to assisted living homes; relating to the conversion of an assisted living home to a nursing home; repealing references to residential facilities for dependent adults; abolishing the authority of certain municipalities to license or supervise institutions caring for dependent adults; and providing for an effective date." with the: Journal Page FIN RPT 2DP 7NR 3806 -2 PREVIOUS SENATE FNS (DHSS) 3/10/94 3806 -PREVIOUS SENATE FISCAL NOTE (DHSS) 1/14 3806 -PREVIOUS SENATE ZERO FN (ADM) 3/10/94 3806 Representative Phillips moved and asked unanimous consent that CSSB 249(HES) am be considered engrossed, advanced to third reading and placed on final passage. Representative Brown objected. The Speaker stated that CSSB 249(HES) am will be in third reading on the April 29, 1994, calendar. SB 250 The following was read the second time: 1994-04-28 House Journal Page 3834 SB 250 CS FOR SENATE BILL NO. 250(FIN) am "An Act relating to the Older Alaskans Commission and staff of the commission; changing the name of the Older Alaskans Commission to the Alaska Commission on Aging and extending the termination date of the commission; relating to the Alaska Pioneers' Homes Advisory Board; relating to services and programs for older Alaskans; and providing for an effective date." with the: Journal Page FIN RPT HCS(FIN) 8DP 3806 -PREVIOUS SENATE ZERO FN (ADM) 1/14/94 3807 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. 250(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that HCS CSSB 250(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. HCS CSSB 250(FIN) was read the third time. The question being: "Shall HCS CSSB 250(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 250(FIN) Third Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-04-28 House Journal Page 3835 SB 250 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, HCS CSSB 250(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. Representative Ulmer gave notice of reconsideration of her vote on HCS CSSB 250(FIN). SB 350 The following was read the second time: SENATE BILL NO. 350 "An Act relating to a defendant's violation of conditions of release; and providing for an effective date." with the: Journal Page FIN RPT 10DP 3753 -PREVIOUS SENATE FISCAL NOTE (CORR) 3/9 3753 -4 PREV SEN ZERO FNS (LAW,DPS,2-ADM) 3/9 3753 Representative Phillips moved and asked unanimous consent that SB 350 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 350 was read the third time. The question being: "Shall SB 350 pass the House?" The roll was taken with the following result: 1994-04-28 House Journal Page 3836 SB 350 SB 350 Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Davidson And so, SB 350 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 Vezey gave notice of reconsideration of his vote on SB 350. SB 351 The following was read the second time: SENATE BILL NO. 351 "An Act amending Alaska Rule of Evidence 404, relating to the admissibility of certain character evidence in court proceedings." with the: Journal Page FINANCE REFERRAL ADDED 3687 JUDICIARY REFERRAL WAIVED 3687 FIN RPT 9DP 1NR 3754 -4 PREV SEN ZERO FNS (LAW,DPS,2-ADM) 3/9 3754 1994-04-28 House Journal Page 3837 SB 351 Representative Phillips moved and asked unanimous consent that SB 351 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 351 was read the third time. The Speaker stated that the House would stand at ease until 12:30 p.m., and so, the House stood at ease at 11:52 a.m. AFTER AT EASE The House was called back to order at 12:52 p.m. SECOND READING OF SENATE BILLS (continued) SB 351 The question being: "Shall SB 351 pass the House?" The roll was taken with the following result: SB 351 Third Reading Final Passage YEAS: 34 NAYS: 0 EXCUSED: 0 ABSENT: 6 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Vezey, Williams, Willis Absent: Davidson, B.Davis, MacLean, Menard, Mulder, Therriault And so, SB 351 passed the House. 1994-04-28 House Journal Page 3838 SB 351 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the court rule change. There being no objection, it was so ordered. Representative Vezey gave notice of reconsideration of his vote on SB 351. SB 374 The following was read the second time: SENATE BILL NO. 374 "An Act extending the period of regulation of material sites used for timber operations under the Forest Practices Act and extending a corresponding exemption from provisions regulating mining reclamation; and providing for an effective date." with the: Journal Page RES RPT 7DP 1NR 3754 -PREVIOUS SENATE ZERO FN (DNR) 4/14/94 3755 Representative Phillips moved and asked unanimous consent that SB 374 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 374 was read the third time. The question being: "Shall SB 374 pass the House?" The roll was taken with the following result: SB 374 Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 0 ABSENT: 2 1994-04-28 House Journal Page 3839 SB 374 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, 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, Willis Absent: Davidson, MacLean And so, SB 374 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 Ulmer gave notice of reconsideration of her vote on SB 374. THIRD READING OF HOUSE BILLS HB 443 The following, which was advanced to third reading from the April 27, 1994, calendar (page 3785), was read the third time: CS FOR HOUSE BILL NO. 443(RES) "An Act relating to the confidentiality of certain records relating to fish and wildlife; and providing for an effective date." Representative Ulmer moved and asked unanimous consent that CSHB 443(RES) be returned to second reading for the specific purpose of considering Amendment No. 2. Representative Bunde objected and withdrew the objection. There being no further objection, it was so ordered. Amendment No. 2 was offered by Representative Ulmer: Page 2, line 1, after "state": Insert "or federal government" 1994-04-28 House Journal Page 3840 HB 443 Representative Ulmer moved and asked unanimous consent that Amendment No. 2 be adopted. Objection was heard. Amendment to Amendment No. 2 was offered by Representative Ulmer: After "federal": Delete "government" Insert "agencies" Representative Ulmer moved and asked unanimous consent that the amendment to Amendment No. 2 be adopted. There being no objection, it was so ordered. There being no objection to Amendment No. 2 as amended, it was adopted. The Speaker invoked Section 102 of Mason's Manual. Representative Finkelstein moved and asked unanimous consent that CSHB 443(RES) am be returned to second reading for the specific purpose of considerating Amendment No. 3. Objection was heard. The question being: "Shall CSHB 443(RES) am be returned to second reading for the specific purpose of considering Amendment No. 3?" The roll was taken with the following result: CSHB 443(RES) am Third Reading Return to Second for Amendment No. 3 YEAS: 17 NAYS: 23 EXCUSED: 0 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Ulmer, Willis 1994-04-28 House Journal Page 3841 HB 443 Nays: Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams And so, the motion failed. The question being: "Shall CSHB 443(RES) am pass the House?" The roll was taken with the following result: CSHB 443(RES) am Third Reading Final Passage YEAS: 21 NAYS: 19 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Foster, Green, Hanley, Hudson, James, Kott, Larson, Martin, Moses, Mulder, Nicholia, Olberg, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Brown, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nordlund, Parnell, Sitton, Ulmer, Willis And so, CSHB 443(RES) am passed the House. Representative Phillips moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 443(RES) am Third Reading Effective Date YEAS: 26 NAYS: 14 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-04-28 House Journal Page 3842 HB 443 Nays: Brice, Brown, Davidson, Davies, B.Davis, Finkelstein, Grussendorf, Hoffman, Menard, Navarre, Nordlund, Sitton, Ulmer, Willis And so, lacking the necessary 27 votes, the effective date clause was not adopted. Representative Mackie gave notice of reconsideration of his vote on CSHB 443(RES) am(efd fld). THIRD READING OF SENATE BILLS SB 212 The following, which was advanced to third reading from the April 27, 1994, calendar (page 3798), was read the third time: HOUSE CS FOR CS FOR SENATE BILL NO. 212(L&C) am H "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 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." The question being: "Shall HCS CSSB 212(L&C) am H pass the House?" The roll was taken with the following result: HCS CSSB 212(L&C) am H Third Reading Final Passage YEAS: 38 NAYS: 2 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis 1994-04-28 House Journal Page 3843 SB 212 Nays: Davies, Ulmer And so, HCS CSSB 212(L&C) 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 Ulmer gave notice of reconsideration of her vote on HCS CSSB 212(L&C) am H. SECOND READING OF SENATE RESOLUTIONS SCR 14 The following was read the second time: SS FOR SENATE CONCURRENT RESOLUTION NO. 14 Relating to the naming of the Harold Z. Hansen Hatchery at Main Bay in Prince William Sound. with the: Journal Page CRA RPT 5DP 3749 -PREVIOUS SENATE ZERO FN (F&G) 3/3/94 3749 The question being: "Shall SSSCR 14 pass the House?" The roll was taken with the following result: SSSCR 14 Second Reading Final Passage YEAS: 40 NAYS: 0 EXCUSED: 0 ABSENT: 0 1994-04-28 House Journal Page 3844 SCR 14 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis And so, SSSCR 14 passed the House. Representative Vezey gave notice of reconsideration of his vote on SSSCR 14. 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: Commemorating - National Canine Good Citizen Awareness Month By Representatives Ulmer, Hudson, Brown, Bunde, Davies, B.Davis, Grussendorf, James, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Phillips, Willis; Senator Duncan Honoring - Trajan Shaka Langdon, Outstanding Achievements By Representatives B.Davis, G.Davis, Finkelstein, Green, Hanley, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Toohey, Ulmer, Willis Honoring - Ron Gleason By Representatives Ulmer, Hudson, B.Davis, James, Mackie, Menard, Navarre, Nicholia, Willis; Senator Duncan Honoring - Pamela Kott, 1993 Miss Chugiak-Eagle River By Representatives Willis, Brice, Bunde, Carney, B.Davis, Foster, Green, Hanley, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Toohey, Ulmer, Vezey 1994-04-28 House Journal Page 3845 Honoring - Colony High Business Professionals of America Student Leadership Project By Representatives Menard, Carney, Larson, Bunde, Foster, Hoffman, James, Mackie, MacLean, Menard, Navarre, Nicholia, Parnell, Sanders, Ulmer, Willis; Senators Kerttula, Halford Honoring - Wasilla High Business Professionals of America By Representatives Menard, Carney, Larson, Bunde, B.Davis, Foster, Hoffman, James, Kott, Mackie, Navarre, Nicholia, Parnell, Sanders, Ulmer, Willis; Senators Kerttula, Halford Honoring - Houston Jr./Sr. High Business Professional of America By Representatives Menard, Carney, Larson, Bunde, B.Davis, Foster, Kott, James, Mackie, Menard, Navarre, Nicholia, Sanders, Ulmer, Willis; Senators Halford, Kerttula Honoring - Dr. Thomas A. Morehouse, Professor Emeritus University of Alaska, Anchorage By Representatives Mulder, Kott, Brice, Brown, Bunde, Davies, B.Davis, Foster, Grussendorf, James, Kott, Mackie, MacLean, Menard, Navarre, Nicholia, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Ulmer, Willis Honoring - Jacob Tennessen By Senator Zharoff; Representatives Davidson, B.Davis, Hoffman, James, Mackie, Menard, Navarre, Nicholia, Ulmer, Willis Honoring - Prison Outreach Ministries By Senator Leman; Representatives Kott, Green, Parnell, B.Davis, G.Davis, Grussendorf, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter, Sanders, Ulmer, Willis In Memoriam - Ruben Gaines By Representatives Toohey, Davies, B.Davis, G.Davis, Green, James, Mackie, MacLean, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Willis In Memoriam - Dewey Skan Sr. By Representatives Mackie, B.Davis, Hanley, James, MacLean, Menard, Navarre, Nicholia, Phillips, Ulmer, Williams, Willis 1994-04-28 House Journal Page 3846 In Memoriam - Sergeant Major Charles T. Phillips By Representatives B.Davis, Brice, Brown, G.Davis, James, Kott, Mackie, MacLean, Menard, Navarre, Nicholia, Olberg, Phillips, Sitton, Ulmer, Williams, Willis UNFINISHED BUSINESS Representative Phillips moved and asked unanimous consent that the following members be excused from a call of the House as noted: Representative Navarre - from 6:30 a.m., April 29 to 7:00 p.m., plane time, May 1, 1994 Representative Menard - from 6:00 p.m., April 29 to 9:00 p.m., plane time, May 1, 1994 There being no objection, it was so ordered. RECONSIDERATION SB 151 Representative Nicholia brought up reconsideration of the vote on HCS SB 151(FIN) am H (page 3789). The following was again before the House in third reading: HOUSE CS FOR SENATE BILL NO. 151(FIN) am H "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." The question to be reconsidered: "Shall HCS SB 151(FIN) am H pass the House?" The roll was taken with the following result: HCS SB 151(FIN) am H--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 1994-04-28 House Journal Page 3847 SB 151 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Davies And so, HCS SB 151(FIN) am H passed the House on reconsideration. Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. HCS SB 151(FIN) am H was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 407 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3819) on the following at this time: HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates." and SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; 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 HB 407, thus adopting SCS HB 407(FIN) am S, and recommended that the members vote no. 1994-04-28 House Journal Page 3848 HB 407 The question being: "Shall the House concur in the Senate amendment to HB 407?" The roll was taken with the following result: SCS HB 407(FIN) am S Concur YEAS: 0 NAYS: 39 EXCUSED: 0 ABSENT: 1 Nays: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Absent: Hoffman And so, the House failed to concur in the Senate amendment, thus failing to adopt SCS HB 407(FIN) 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 Foster, Chair Representative Phillips Representative Grussendorf HB 294 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3818) on the following at this time: HOUSE BILL NO. 294 "An Act extending the termination date of the Board of Pharmacy." 1994-04-28 House Journal Page 3849 HB 294 and SENATE CS FOR HOUSE BILL NO. 294(L&C) "An Act extending the termination date of the Board of Pharmacy; 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 HB 294, thus adopting SCS HB 294(L&C), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 294?" The roll was taken with the following result: SCS HB 294(L&C) Concur YEAS: 37 NAYS: 2 EXCUSED: 0 ABSENT: 1 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Williams, Willis Nays: Hanley, Vezey Absent: Hoffman And so, the House concurred in the Senate amendment, thus adopting SCS HB 294(L&C). 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. The Chief Clerk was instructed to so notify the Senate. SCS HB 294(L&C) was referred to the Chief Clerk for enrollment. 1994-04-28 House Journal Page 3850 RECONSIDERATION SB 251 Representative Nordlund brought up reconsideration of the vote on HCS CSSB 251(FIN) (page 3802). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 251(FIN) "An Act relating to the commercial fishing revolving loan fund and the fisheries enhancement revolving loan fund; and providing for an effective date." Representative Olberg placed a call of the House. The call was satisfied. The question to be reconsidered: "Shall HCS CSSB 251(FIN) pass the House?" The roll was taken with the following result: HCS CSSB 251(FIN)--RECONSIDERATION Third Reading Final Passage YEAS: 25 NAYS: 15 EXCUSED: 0 ABSENT: 0 Yeas: Brown, Carney, Davidson, Davies, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Nicholia, Olberg, Sitton, Toohey, Ulmer, Williams Nays: Barnes, Brice, Bunde, B.Davis, Hanley, Martin, Navarre, Nordlund, Parnell, Phillips, Porter, Sanders, Therriault, Vezey, Willis And so, HCS CSSB 251(FIN) passed the House on reconsideration. Representative Phillips moved the effective date clauses. The question being: "Shall the effective date clauses be adopted?" The roll was taken with the following result: 1994-04-28 House Journal Page 3851 SB 251 HCS CSSB 251(FIN)--RECONSIDERATION Third Reading Effective Dates YEAS: 39 NAYS: 1 EXCUSED: 0 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis Nays: Martin And so, the effective date clauses were adopted. HCS CSSB 251(FIN) was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS HB 337 Representative Mulder added his name as cosponsor to: CS FOR HOUSE BILL NO. 337(JUD) "An Act relating to the possession of controlled substances within 500 feet of recreation and youth centers; and permitting municipalities to install `drug-free recreation and youth center zone' signs." HB 407 Representative Menard added his name as cosponsor to: SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." 1994-04-28 House Journal Page 3852 SCR 14 Representative Ulmer added her name as cross-sponsor to: SPONSOR SUBSTITUTE FOR SENATE CONCURRENT RESOLUTION NO. 14 Relating to the naming of the Harold Z. Hansen Hatchery at Main Bay in Prince William Sound. ENGROSSMENT HB 337 CSHB 337(JUD) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 412 CSHB 412(HES) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 151 HCS SB 151(FIN) am H was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 251 HCS CSSB 251(FIN) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. SB 252 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 CS FOR CS FOR SENATE BILL NO. 252(JUD) "An Act prohibiting the possession of child pornography." 1994-04-28 House Journal Page 3853 ANNOUNCEMENTS House committee schedules are published daily under separate cover. Community & Regional Capitol 124 upon adj., 4/28 Affairs Committee (RESCHEDULED FROM 1:00 PM) Judiciary Committee Capitol 120 4:00 p.m., 4/28 (CONTINUED FROM 4/27 MTG) ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., April 29, 1994. There being no objection, the House adjourned at 2:21 p.m. Suzi Lowell Chief Clerk