Legislature(1993 - 1994)

1994-04-29 House Journal

Full Journal pdf

1994-04-29                     House Journal                      Page 3855
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                       Friday             April 29, 1994         
                                                                               
                                                                               
                            One Hundred Tenth Day                            
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 11:06 a.m.                                                           
                                                                               
                                                                               
Roll call showed 37 members present.  Representatives Hoffman and              
Navarre had been previously excused from a call of the House today.            
Representative James was absent.                                               
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Cordell E. Reiner           
of the Juneau Seventh-Day Adventist Church.  Representative Hudson             
moved and asked unanimous consent that the invocation be spread on             
the journal.  There being no objection, it appears below:                      
                                                                               
"Good morning Heavenly Father, as we come to the close of                     
another work week, we want to say thank You for Your                           
Presence with us this past week.                                               
                                                                               
We ask again that You would work Your will through us this                    
day, and that we might accomplish the tasks laid out before                    
us.                                                                            
                                                                               
I would like to thank You for allowing me to share with this                  
House session this week, and I would also ask for a special                    
blessing for each of these representatives today as this week                  
draws to a close.                                                              
                                                                               
                                                                               
                                       1                                       

1994-04-29                     House Journal                      Page 3856
Bless them physically, mentally, and spiritually I pray, and                  
grant to each one, traveling mercy over this weekend.                          
                                                                               
These words I lift in the name of my Savior, Jesus Christ.                    
Amen."                                                                         
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative B.Davis.                    
                                                                               
                                                                               
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 109th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB 358                                                                       
A message dated April 28, 1994, was read stating the Senate has                
passed CSHB 358(STA) with the following amendment and it is                    
transmitted for consideration:                                                 
                                                                               
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C)                                  
"An Act allowing a mobile home owner to obtain a certificate of               
title from the Department of Public Safety."                                   
                                                                               
                                                                               
CSHB 358(STA) is under Unfinished Business.                                    
                                                                               
                                                                               
SB 44                                                                        
A message dated April 28, 1994, was read stating the Senate has                
concurred in the House amendment to CSSB 44(JUD) am, thus                      
adopting:                                                                      
                                                                               

1994-04-29                     House Journal                      Page 3857
SB 44                                                                        
HOUSE CS FOR CS FOR SENATE BILL NO. 44(FIN) am H                              
"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."                                              
                                                                               
                                                                               
A message dated April 28, 1994, was read stating the Senate has                
passed the following and they are transmitted for consideration:               
                                                                               
                                                                               
                          FIRST READING AND REFERENCE                         
                                OF SENATE BILLS                               
                                                                               
SB 292                                                                       
SENATE BILL NO. 292 by Senators Frank and Pearce, entitled:                    
                                                                               
"An Act relating to transfers of prisoners under the Interstate               
Corrections Compact."                                                          
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
SB 311                                                                       
CS FOR SENATE BILL NO. 311(FIN) by the Senate Finance                          
Committee, entitled:                                                           
                                                                               
"An Act authorizing a credit against the fishery resource landing             
tax for certain contributions made by taxpayers not harvesting                 
fisheries resources under a community development quota and for                
contributions based on fishery resources not harvested under a                 
quota made by taxpayers harvesting fisheries resources under a                 
community development quota, amending the manner of                            
calculating the amount available for revenue sharing by operation              
of this credit, providing for predetermination of credit applications          
under that tax, and amending the fishery resource landing tax to               
eliminate claim of the credit for contributions of capital; and                
providing for an effective date."                                              
                                                                               
was read the first time and referred to the State Affairs, Resources and       
Finance Committees.                                                            

1994-04-29                     House Journal                      Page 3858
                                COMMUNICATIONS                               
                                                                               
The following reports are on file in the Chief Clerk's office:                 
                                                                               
Division of Legislative Audit                                                  
Legislative Budget and Audit Committee                                         
                                                                               
	Alaska Industrial Development and Export Authority                            
	Chena Hot Springs Resort, March 3, 1994                                       
	(as required by AS 24.20.311)                                                 
                                                                               
Dept. of Administration                                                       
	Municipal Grant Program                                                       
Select Municipal Grants to the City of Kenai                                  
	February 15, 1994                                                             
(as required by AS 24.20.311)                                                 
                                                                               
                                                                               
                        REPORTS OF STANDING COMMITTEES                       
                                                                               
SB 215                                                                       
The State Affairs Committee has considered:                                    
                                                                               
CS FOR SENATE BILL NO. 215(FIN) am(efd fld)                                   
"An Act relating to oil and hazardous substances; redesignating the           
oil and hazardous substance release response fund and relating to              
it; repealing the Citizens' Oversight Council on Oil and Other                 
Hazardous Substances and the authority in law by which marine                  
highway vessels may be designed and constructed to aid in oil and              
hazardous substance spill cleanup in state marine water using                  
money in the oil and hazardous substance release response fund                 
and repealing the authority of the Department of Environmental                 
Conservation to levy and collect fees for review of certain                    
submissions related to oil; altering requirements applicable to liens          
for recovery of state expenditures related to oil or hazardous                 
substances; terminating the nickel-per-barrel oil conservation                 
surcharge; levying and collecting two new oil surcharges; and                  
providing for the suspension and reimposition of one of the new                
surcharges.                                                                    
                                                                               
and recommends it be replaced with:                                            
                                                                               

1994-04-29                     House Journal                      Page 3859
SB 215                                                                       
HOUSE CS FOR CS FOR SENATE BILL NO. 215(STA)                                  
(same title)                                                                  
                                                                               
The report was signed by Representative Vezey, Chair, with the                 
following individual recommendations:                                          
                                                                               
Do pass (3):  Vezey, Kott, Sanders                                             
                                                                               
No recommendation (3):  B.Davis, G.Davis, Olberg                               
                                                                               
The following fiscal notes apply to HCS CSSB 215(STA):                         
                                                                               
Fiscal note, Dept. of Revenue, 4/27/94                                         
Zero fiscal note, Dept. of Law, 4/27/94                                        
Zero fiscal note, Dept. of Public Safety, 4/27/94                              
Zero fiscal note, Dept. of Administration, 4/27/94                             
Zero fiscal note, Dept. of Environmental Conservation, 4/27/94                 
Senate zero fiscal note, Dept. of Law, 4/13/94                                 
Senate zero fiscal note, Dept. of Revenue, 4/12/94                             
Senate zero fiscal note, Dept. of Administration, 4/12/94                      
Senate zero fiscal note, Dept. of Public Safety, 4/8/94                        
Senate zero fiscal note, Dept. of Environmental Conservation, 4/8/94           
                                                                               
CSSB 215(FIN) am(efd fld) was referred to the Finance Committee.               
                                                                               
                                                                               
SB 240                                                                       
The Community & Regional Affairs Committee has considered:                     
                                                                               
CS FOR SENATE BILL NO. 240(RLS)                                               
"An Act relating to an optional municipal tax exemption for                   
student housing for the University of Alaska."                                 
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA)                                  
(same title)                                                                  
                                                                               
The report was signed by Representative Olberg, Chair, with the                
following individual recommendations:                                          
                                                                               

1994-04-29                     House Journal                      Page 3860
SB 240                                                                       
Do pass (3):  Williams, Toohey, Sanders                                        
                                                                               
No recommendation (2):  Willis, Olberg                                         
                                                                               
Amend (1):  Davies                                                             
                                                                               
The following fiscal note applies to HCS CSSB 240(CRA):                        
                                                                               
Senate zero fiscal note, University of Alaska, 4/14/94                         
                                                                               
CSSB 240(RLS) was referred to the Rules Committee for placement                
on the calendar.                                                               
                                                                               
                                                                               
SB 308                                                                       
The Judiciary Committee has considered:                                        
                                                                               
CS FOR SENATE BILL NO. 308(FIN) am                                            
"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."                                                                         
                                                                               
The report was signed by Representative Porter, Chair, with the                
following individual recommendations:                                          
                                                                               
Do pass (3):  Green, Porter, Phillips                                          
                                                                               
No recommendation (2):  Kott, James                                            
                                                                               
Amend (2):  Nordlund, Davidson                                                 
                                                                               
A House Judiciary Committee Letter of Intent for CSSB 308(FIN) am,             
signed by Representative Porter, Chair, appears below:                         
                                                                               

1994-04-29                     House Journal                      Page 3861
SB 308                                                                       
"It is the intent of the House Judiciary Committee that the director           
interpret the language at Sec. 2, AS 38.05.035(e)(1)(A) of CSSB
308(FIN) am, which provides in pertinent part, "...the scope of the            
review and finding may address only reasonably foreseeable,                    
significant effects of the uses proposed to be authorized by the               
disposal," to provide the director the discretion to consider other            
factors, with clear guidance, however, that he/she is not required to do       
so.  If the facts and circumstances of a specific disposal suggest to the      
director that the scope of the review should be expanded, the director         
will have the authority to do so.                                              
                                                                               
It is further the intent of this Committee that the Department of Natural      
Resources undertake the drafting of regulations or proposed statutory          
language, whichever the Department deems most appropriate, to create           
lists of criteria, analogous to the list of criteria at AS 38.05.035(g) for    
oil and gas disposals, for other disposals governed by CSSB 308(FIN)           
am should that bill pass.  Finally, it is also the Committee's intent that     
the Department of Natural Resources coordinate its creation of these           
lists of criteria with the Division of Governmental Coordination to            
facilitate the outreach and broad involvement of all interested parties        
in drafting the lists for disposals other than for oil and gas."               
                                                                               
                                                                               
The Judiciary Committee recommends adoption of the Senate Letter of            
Intent (page 3853 of the Senate Journal).                                      
                                                                               
                                                                               
The following fiscal notes apply to CSSB 308(FIN) am:                          
                                                                               
Senate zero fiscal note, Dept. of Natural Resources, 4/21/94                   
Senate zero fiscal note, Dept. of Fish & Game, 2/23/94                         
Senate zero fiscal note, Office of the Governor, 2/23/94                       
Senate zero fiscal note, Dept. of Environmental Conservation, 2/23/94          
                                                                               
CSSB 308(FIN) am was referred to the Rules Committee for placement             
on the calendar.                                                               
                                                                               
                                                                               
SB 312                                                                       
The Finance Committee has considered:                                          
                                                                               

1994-04-29                     House Journal                      Page 3862
SB 312                                                                       
CS FOR SENATE BILL NO. 312(HES) am                                            
"An Act relating to the school term, school construction grants and           
to interscholastic school activities; relating to a pilot project for          
state aid for special education; and providing for an effective                
date."                                                                         
                                                                               
and recommends it be replaced with:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 312(FIN)                                  
(same title)                                                                  
                                                                               
The report was signed by Representatives Larson and MacLean, Co-               
chairs, with the following individual recommendations:                         
                                                                               
Do pass (4):  MacLean, Larson, Navarre, Brown                                  
                                                                               
No recommendation (4):  Hanley, Parnell, Grussendorf, Therriault               
                                                                               
Amend (1):  Martin                                                             
                                                                               
The following fiscal notes apply to HCS CSSB 312(FIN):                         
                                                                               
Zero fiscal note, Dept. of Education, 4/20/94                                  
Senate zero fiscal note, Dept. of Education, 3/18/94                           
                                                                               
CSSB 312(HES) am was referred to the Rules Committee for                       
placement on the calendar.                                                     
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
SB 54                                                                        
The Conference Committee with limited powers of free conference                
considering HCS CSSB 54(FIN) am H and CSSB 54(FIN) recommend                   
the following be adopted:                                                      
                                                                               
CONFERENCE CS FOR SENATE BILL NO. 54                                          
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to juvenile             
records, and to incarceration of juveniles who have been charged,              
prosecuted, or convicted as adults; and providing for an effective             
date."                                                                         

1994-04-29                     House Journal                      Page 3863
SB 54                                                                        
The following fiscal notes apply:                                              
                                                                               
Senate fiscal note, Alaska Court System, 4/29/94                               
Senate fiscal note, Dept. of Corrections, 4/29/94                              
Senate fiscal notes (2), Dept. of Administration, 4/29/94                      
Fiscal note, Dept. of Public Safety, 2/23/94                                   
Fiscal note, Dept. of Law, 2/23/94                                             
Fiscal note, Department of Health & Social Services, 2/23/94                   
                                                                               
The report was received in the Chief Clerk's office at 10:30 a.m., April       
29, 1994.                                                                      
                                                                               
The report was signed by Representatives Porter, Chair, and Mackie             
and Senators Taylor, Chair, Leman and Donley.                                  
                                                                               
The report is under Unfinished Business.                                       
                                                                               
                                                                               
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Houston Jr/Sr High Future Homemakers of America                     
By Representatives Menard, Carney, Larson; Senators Kerttula, Halford          
                                                                               
Honoring - Wasilla High Future Homemakers of America                           
By Representatives Menard, Carney, Larson; Senators Kerttula, Halford          
                                                                               
Honoring - Palmer High School Future Homemakers of America                     
By Representatives Menard, Carney, Larson; Senators Kerttula, Halford          
                                                                               
Honoring - Colony High Science Olympiad Champions                              
By Representatives Menard, Carney, Larson; Senators Kerttula, Halford          
                                                                               
Honoring - Valdez High School Girls Volleyball Team, 1994 3-A State            
Champions                                                                      
By Representative Olberg; Senator Lincoln                                      
                                                                               
Honoring - Peter Richardson                                                    
By Representative Olberg; Senator Lincoln                                      

1994-04-29                     House Journal                      Page 3864
Honoring - Officer John Delaney, "Sheriff of Eagle River"                      
By Representative Kott; Senator Phillips                                       
                                                                               
Honoring - Esther Shea                                                         
By Representative Williams; Senator Taylor                                     
                                                                               
Honoring - The Anne Frank Exhibit, Anchorage Museum of History                 
and Art                                                                        
By Senator Little                                                              
                                                                               
Honoring - Dillingham High School Girls Volleyball Team, Region I              
Champions                                                                      
By Senator Jacko                                                               
                                                                               
In Memoriam - Gilbert Donald McLeod                                            
By Representative Williams                                                     
                                                                               
In Memoriam - Leigh Ann Barnes, Lindsay Leigh Hurst                            
By Senator Lincoln; Representatives Olberg, Nicholia                           
                                                                               
In Memoriam - President Richard Milhous Nixon                                  
By Senator Taylor; Representatives Barnes, Phillips                            
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber    upon at ease, 4/29         
                                                                               
Minority Caucus                                     upon at ease, 4/29         
                                                                               
                                                                               
The Speaker stated the House would stand at ease until a call of the           
Chair, and so, the House stood at ease at 11:21 a.m.                           
                                                                               
                                                                               
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 1:25 p.m.                                

1994-04-29                     House Journal                      Page 3865
                             UNFINISHED BUSINESS                             
                                                                               
                                                                               
SB 54                                                                        
Representative Phillips moved and asked unanimous consent that the             
House consider the Conference Committee with limited powers of free            
conference report on the following, which is under Unfinished                  
Business (page 3862), at this time:                                            
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 54(FIN) am H                              
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to juvenile             
records, and to incarceration of juveniles who have been charged,              
prosecuted, or convicted as adults; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
and                                                                            
                                                                               
CS FOR SENATE BILL NO. 54(FIN)                                                
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to records              
of those offenses, and to incarceration of juveniles who have been             
charged, prosecuted, or convicted as adults; and providing for an              
effective date."                                                               
                                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved that the House adopt the Conference              
Committee with limited powers of free conference report, thus                  
adopting CCSSB 54, and recommended the members vote yes.                       
                                                                               
                                                                               
**The presence of Representative James was noted.                              
                                                                               
                                                                               
The Speaker placed a call of the House.                                        
                                                                               
The call was satisfied.                                                        
                                                                               
                                                                               

1994-04-29                     House Journal                      Page 3866
SB 54                                                                        
The question being:  "Shall the House adopt the Conference                     
Committee with limited powers of free conference report?"  The roll            
was taken with the following result:                                           
                                                                               
                                                                               
CCSSB 54                                                                       
Adopt Report                                                                   
                                                                               
                                                                               
YEAS:  31   NAYS:  7   EXCUSED:  2   ABSENT:  0                              
                                                                               
                                                                               
Yeas:  Barnes, Bunde, Carney, Davidson, B.Davis, G.Davis, Foster,              
Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie,               
Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips,            
Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis           
                                                                               
                                                                               
Nays:  Brice, Brown, Davies, Finkelstein, MacLean, Nicholia, Ulmer             
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
B.Davis changed from "Nay" to "Yea".                                           
                                                                               
                                                                               
And so, the House adopted the Conference Committee with limited                
powers of free conference report, thus adopting:                               
                                                                               
CONFERENCE CS FOR SENATE BILL NO. 54                                          
"An Act relating to violations of laws by juveniles, to the remedies          
for offenses and activities committed by juveniles and to juvenile             
records, and to incarceration of juveniles who have been charged,              
prosecuted, or convicted as adults; and providing for an effective             
date."                                                                         
                                                                               
                                                                               
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.           
                                                                               

1994-04-29                     House Journal                      Page 3867
SB 54                                                                        
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
                                                                               
HB 342                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 342                                                            
"An Act extending the termination date of the Alaska Tourism                  
Marketing Council."                                                            
                                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	L&C RPT  6DP                                                     2122         
	-ZERO FISCAL NOTE (DCED) 1/21/94                                 2122         
	STA RPT  4DP 2NR                                                 3120         
	-PREVIOUS ZERO FISCAL NOTE (DCED) 1/21                           3120         
	FIN RPT  CS(FIN) NEW TITLE 7DP 2NR 2AM                           3619         
	-PREVIOUS ZERO FISCAL NOTE (DCED) 1/21                           3620         
                                                                               
                                                                               
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. 342(FIN)                                                
"An Act relating to the Alaska Tourism Marketing Council;                     
increasing to at least 38 percent the share of the council's                   
expenses that must be paid through contributions by an association             
that contracts to jointly manage the council; and providing for an             
effective date."                                                               
                                                                               

1994-04-29                     House Journal                      Page 3868
HB 342                                                                       
There being no objection, it was so ordered.                                   
                                                                               
Amendment No. 1 was offered  by Representatives Kott, Ulmer and                 
Hudson:                                                                        
                                                                               
Page 1, line 11:                                                               
	Delete "in cash"                                                            
                                                                               
Page 1, line 12, following "year" through page 2, line 8, following            
"less.":                                                                     
	Delete all material.                                                          
Insert "."                                                                    
                                                                               
Page 2, following line 8:                                                      
	Insert a new bill section to read:                                            
                                                                               
	"* Sec. 2.  AS 44.33.715(a)(13) is amended to read:                         
	(13) provide space to a qualified trade association in                       
publications and promotional materials developed by the council                
if the trade association has contracted with the department under              
AS 44.33.705(b) and pays its pro rata share of the production costs            
for the publication or promotional material; payment under this                
paragraph is [NOT] part of the association's required contribution             
under AS 44.33.705(b); and"                                                    
                                                                               
Renumber the following bill sections accordingly.                              
                                                                               
Page 2, lines 12 - 25:                                                         
	Delete all material.                                                          
	Insert new bill sections to read:                                             
                                                                               
"* Sec. 4.  APPLICABILITY.  AS 44.33.705(b) and 44.33.715(a)                
as amended by this Act, apply to contracts entered into or renewed             
on or after the effective date of this Act.                                    
                                                                               
* Sec. 5.  This Act takes effect immediately under AS                       
01.10.070(c)."                                                                 
                                                                               
Representative Kott moved and asked unanimous consent that                     
Amendment No. 1 be adopted.                                                    
                                                                               

1994-04-29                     House Journal                      Page 3869
HB 342                                                                       
Representative MacLean objected.                                               
                                                                               
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSHB 342(FIN)                                                                  
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  27   NAYS:  9   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Brice, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster,          
Green, Grussendorf, Hanley, Hudson, Kott, Larson, Mackie, Menard,              
Moses, Nordlund, Parnell, Phillips, Porter, Sanders, Sitton, Therriault,       
Toohey, Ulmer, Williams, Willis                                                
                                                                               
Nays:  Barnes, Bunde, G.Davis, James, MacLean, Martin, Nicholia,               
Olberg, Vezey                                                                  
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Brown, Mulder                                                         
                                                                               
                                                                               
And so, Amendment No. 1 was adopted.                                           
                                                                               
                                                                               
Amendment No. 2 was not offered.                                               
                                                                               
                                                                               
Amendment No. 3 was offered  by Representatives Hudson, Kott and                
Ulmer:                                                                         
                                                                               
Page 1, line 3, after "council;" (title amendment):                          
Insert "required disclosures in promotions on board tourism                  
cruise ships;"                                                                
                                                                               
Page 2, line 12, add the following:                                            
"* Sec. 3.  AS 45.50.471(b) is amended by adding a new                      
paragraph to read:                                                             

1994-04-29                     House Journal                      Page 3870
HB 342                                                                       
		(37) violating AS 45.50.474 (on board promotions).                           
* Sec. 4.  AS 45.50 is amended by adding a new section to read:             
	Sec. 45.50.474. REQUIRED DISCLOSURES IN                                      
PROMOTIONS ON BOARD CRUISE SHIPS.   A person may not                           
conduct a promotion on board a cruise ship that mentions or                    
features a business in a state port that has paid something of value           
for the purpose of having the business mentioned or featured,                  
unless the person conducting the promotion clearly and fully                   
discloses orally and in all written materials used in the promotion            
that the featured businesses have paid to be included in the                   
promotion.  A violation of this section constitutes an unfair trade            
practice under AS 45.50.471.  In this section, "cruise ship" means             
a ship that operates at least 120 days a year anywhere in the                  
world, provides cruises of at least 72 hours in length for ticketed            
passengers, provides overnight accommodations and meals for                    
those passengers, is operated by an authorized cruise ship operator,           
and is certified under the International Convention for the Safety             
of Life at Sea or otherwise certified by the United States Coast               
Guard."                                                                        
                                                                               
Representative Hudson moved and asked unanimous consent that                   
Amendment No. 3 be adopted.  There being no objection, it was so               
ordered, and the new title appears below:                                      
                                                                               
CS FOR HOUSE BILL NO. 342(FIN) am                                             
"An Act relating to the Alaska Tourism Marketing Council;                     
increasing to at least 38 percent the share of the council's                   
expenses that must be paid through contributions by an association             
that contracts to jointly manage the council; required disclosures             
in promotions on board tourism cruise ships; and providing for an              
effective date."                                                               
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSHB 342(FIN) am be considered engrossed, advanced to third                    
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
                                                                               
CSHB 342(FIN) am was read the third time.                                      
                                                                               

1994-04-29                     House Journal                      Page 3871
HB 342                                                                       
A Technical Title Amendment was offered by Representative Phillips:            
                                                                               
Page 1, line 2:                                                                
                                                                               
	Delete "38"                                                                 
Insert "25"                                                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
technical title amendment be adopted.  There being no objection, it            
was so ordered and the new title appears below:                                
                                                                               
CS FOR HOUSE BILL NO. 342(FIN) am                                             
"An Act relating to the Alaska Tourism Marketing Council;                     
increasing to at least 25 percent the share of the council's                   
expenses that must be paid through contributions by an association             
that contracts to jointly manage the council; required disclosures             
in promotions on board tourism cruise ships; and providing for an              
effective date."                                                               
                                                                               
The question being:  "Shall CSHB 342(FIN) am pass the House?"  The             
roll was taken with the following result:                                      
                                                                               
CSHB 342(FIN) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  0   EXCUSED:  2   ABSENT:  2                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis,                
G.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hudson, James,              
Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder,                  
Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,        
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Brown, Green                                                          
                                                                               
                                                                               
And so, CSHB 342(FIN) am passed the House.                                     
                                                                               

1994-04-29                     House Journal                      Page 3872
HB 342                                                                       
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 Brown later gave notice of reconsideration of CSHB
342(FIN) am and the reconsideration was taken up then.                         
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 349                                                                       
The following was read the second time:                                        
                                                                               
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."                                                                   
                                                                               
with the:                                                 Journal Page         
                                                                               
	JUDICIARY REFERRAL WAIVED                                        3686         
	STA RPT  4DP 3NR                                                 3823         
	-4 PREV SEN ZERO FNS (2-ADM,LAW,DPS)3/9                          3823         
                                                                               
                                                                               
Amendment No. 1 was offered  by Representative Ulmer:                           
                                                                               
Page 2, line 25, after "is":                                               
Delete "a"                                                                
Insert "the supervising or lead peace officer on the investigating          
team."                                                                       
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 1 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
Representative Ulmer moved and asked unanimous consent to                      
withdraw Amendment No. 1.  There being no objection, it was so                 
ordered.                                                                       
                                                                               

1994-04-29                     House Journal                      Page 3873
SB 349                                                                       
New Amendment No. 1 was offered  by Representatives Ulmer, Brice,               
Mackie and Porter:                                                             
                                                                               
Page 2, line 26, after "officer":                                          
                                                                               
Insert "involved in the investigation"                                    
                                                                               
Representative Ulmer moved and asked unanimous consent that New                
Amendment No. 1 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 2 was not offered.                                               
                                                                               
                                                                               
Amendment No. 3 was offered  by Representative Ulmer:                           
                                                                               
Page 2, line 29:                                                               
	Delete "."                                                                
Insert "; and"                                                            
                                                                               
Page 2, following line 29:                                                     
Insert "(iii) additional evidence is introduced to corroborate the          
statement."                                                                  
                                                                               
Representative Ulmer moved and asked unanimous consent that                    
Amendment No. 3 be adopted.                                                    
                                                                               
Representative Porter objected.                                                
                                                                               
                                                                               
The question being:  "Shall Amendment No. 3 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               
CSSB 349(JUD) am H                                                             
Second Reading                                                                 
Amendment No. 3                                                                
                                                                               
YEAS:  20   NAYS:  18   EXCUSED:  2   ABSENT:  0                             
                                                                               

1994-04-29                     House Journal                      Page 3874
SB 349                                                                       
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Foster, Grussendorf, Kott, Larson, Mackie, MacLean, Menard, Moses,             
Nicholia, Nordlund, Sitton, Ulmer, Willis                                      
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James,                   
Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,        
Toohey, Vezey, Williams                                                        
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Sanders changed from "Yea" to "Nay".                                           
                                                                               
                                                                               
And so, Amendment No. 3 was adopted.                                           
                                                                               
                                                                               
Amendment Nos. 4 and 5 were not offered.                                       
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSB 349(JUD) am H be considered engrossed, advanced to third                  
reading and placed on final passage.  There being no objection, it was         
so ordered.                                                                    
                                                                               
                                                                               
CSSB 349(JUD) am H was read the third time.                                    
                                                                               
                                                                               
The question being:  "Shall CSSB 349(JUD) am H pass the House?"                
The roll was taken with the following result:                                  
                                                                               
                                                                               
CSSB 349(JUD) am H                                                             
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  1   EXCUSED:  2   ABSENT:  0                              
                                                                               

1994-04-29                     House Journal                      Page 3875
SB 349                                                                       
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard,                  
Moses, Mulder, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter,          
Sanders, Therriault, Toohey, Ulmer, Vezey, Williams, Willis                    
                                                                               
Nays:  Sitton                                                                  
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
                                                                               
And so, CSSB 349(JUD) 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        
court rule change.  There being no objection, it was so ordered.               
                                                                               
                                                                               
Representative Porter gave notice of reconsideration of his vote on            
CSSB 349(JUD) am H.                                                            
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 443                                                                       
Representative Finkelstein brought up reconsideration of the vote on           
CSHB 443(RES) am(efd fld) (page 3842).                                         
                                                                               
                                                                               
The following was again before the House in third reading:                     
                                                                               
CS FOR HOUSE BILL NO. 443(RES) am                                             
"An Act relating to the confidentiality of certain records relating           
to fish and wildlife; and providing for an effective date."                    
                                                                               
Representative Davies moved and asked unanimous consent that CSHB
443(RES) am be returned to second reading for the specific purpose of          
rescinding action in adopting Amendment No. 1.                                 
                                                                               

1994-04-29                     House Journal                      Page 3876
HB 443                                                                       
Objection was heard.                                                           
                                                                               
The question being:  "Shall CSHB 443(RES) am be returned to second             
reading for the specific purpose of rescinding action in adopting              
Amendment No. 1?"  The roll was taken with the following result:               
                                                                               
                                                                               
CSHB 443(RES) am--RECONSIDERATION                                              
Third Reading                                                                  
Return to Second to Rescind                                                    
Previous Action on Amendment No. 1                                             
                                                                               
YEAS:  15   NAYS:  23   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Mackie, Menard, Nicholia, Nordlund, Sitton, Ulmer,                
Willis                                                                         
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell,                 
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
The question to be reconsidered:  "Shall CSHB 443(RES) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
                                                                               
CSHB 443(RES) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  23   NAYS:  15   EXCUSED:  2   ABSENT:  0                             
                                                                               

1994-04-29                     House Journal                      Page 3877
HB 443                                                                       
Yeas:  Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley,                  
Hudson, James, Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell,           
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Nays:  Brice, Brown, Davidson, Davies, B.Davis, Finkelstein,                   
Grussendorf, Mackie, MacLean, Menard, Nicholia, Nordlund, Sitton,              
Ulmer, Willis                                                                  
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
                                                                               
And so, CSHB 443(RES) am passed the House on reconsideration.                  
                                                                               
                                                                               
Representative Phillips moved the effective date clause.                       
                                                                               
                                                                               
The question being:  "Shall the effective date clause be adopted?"  The        
roll was taken with the following result:                                      
                                                                               
CSHB 443(RES) am--RECONSIDERATION                                              
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  26   NAYS:  12   EXCUSED:  2   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Bunde, Carney, G.Davis, Foster, Green, Hanley,                  
Hudson, James, Kott, Larson, MacLean, Martin, Moses, Mulder,                   
Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders,                
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Nays:  Brice, Brown, Davidson, Davies, B.Davis, Finkelstein,                   
Grussendorf, Mackie, Menard, Sitton, Ulmer, Willis                             
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted.                                                                   
                                                                               
CSHB 443(RES) am(efd fld) was referred to the Chief Clerk for                  
engrossment.                                                                   

1994-04-29                     House Journal                      Page 3878
                        SECOND READING OF SENATE BILLS                       
                                  (continued)                                  
                                                                               
SB 353                                                                       
The following was read the second time:                                        
                                                                               
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."                                                                  
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	JUDICIARY REFERRAL WAIVED                                        3687         
	STA RPT  5DP 2NR                                                 3823         
	-4 PREV SEN ZERO FNS (2-ADM,LAW,DPS)3/9                          3824         
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSB 353(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
                                                                               
CSSB 353(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSSB 353(JUD) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
                                                                               
CSSB 353(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  1   EXCUSED:  2   ABSENT:  1                              
                                                                               
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, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,          
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               

1994-04-29                     House Journal                      Page 3879
SB 353                                                                       
Nays:  Davidson                                                                
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
                                                                               
And so, CSSB 353(JUD) passed the House.                                        
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
roll call on the passage of the bill be considered the roll call on the        
court rule change.  There being no objection, it was so ordered.               
                                                                               
                                                                               
CSSB 353(JUD) was signed by the Speaker and Chief Clerk and                    
returned to the Senate.                                                        
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
                                                                               
SB 248                                                                       
The following, which was advanced to third reading from the April 28,          
1994, calendar (page 3833), was read the third time:                           
                                                                               
                                                                               
HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN)                                  
"An Act relating to services for and protection of vulnerable                 
adults; and providing for an effective date."                                  
                                                                               
The question being:  "Shall HCS CSSB 248(FIN) pass the House?"                 
The roll was taken with the following result:                                  
                                                                               
HCS CSSB 248(FIN)                                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  37   NAYS:  0   EXCUSED:  2   ABSENT:  1                              

1994-04-29                     House Journal                      Page 3880
SB 248                                                                       
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard,                  
Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders,           
Sitton, Therriault, Toohey, Ulmer, Vezey, Williams, Willis                     
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
                                                                               
And so, HCS CSSB 248(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.          
                                                                               
HCS CSSB 248(FIN) was referred to the Chief Clerk for engrossment.             
                                                                               
                                                                               
SB 249                                                                       
The following, which was advanced to third reading from the April 28,          
1994, calendar (page 3833), was read the third 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."                                                               
                                                                               
The question being:  "Shall CSSB 249(HES) am pass the House?" The              
roll was taken with the following result:                                      
                                                                               
CSSB 249(HES) am                                                               
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  1   EXCUSED:  2   ABSENT:  1                              

1994-04-29                     House Journal                      Page 3881
SB 249                                                                       
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, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,          
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               
Nays:  Hanley                                                                  
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
And so, CSSB 249(HES) 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 clauses.  There being no objection, it was so ordered.          
                                                                               
Representative Finkelstein gave notice of reconsideration of his vote          
on CSSB 249(HES) am.                                                           
                                                                               
                                                                               
                            LEGISLATIVE CITATIONS                            
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House approve the citations on the calendar.  There being no objection,        
the following citations were approved and sent to enrolling:                   
                                                                               
Honoring - The American Legion, Department of Alaska 75th                      
Anniversary                                                                    
By Representatives Mulder, Willis, Brice, Bunde, Davidson, B.Davis,            
Green, Foster, Grussendorf, Hanley, Hudson, James, Kott, Mackie,               
MacLean, Menard, Navarre, Nicholia, Nordlund, Parnell, Phillips,               
Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey Williams;            
Senator Little                                                                 
                                                                               
Honoring - Master Sergeant Marvin Jackson Citizen of the Year                  
By Senator Leman; Representatives Martin, Kott, Brice, Bunde,                  
B.Davis, Green, Foster, James, Mackie, MacLean, Menard, Mulder,                
Navarre, Nicholia, Parnell, Phillips, Porter, Sanders, Sitton, Toohey,         
Ulmer, Vezey, Willis                                                           

1994-04-29                     House Journal                      Page 3882
Honoring - Captain Max R. Miller Jr. United States Coast Guard                 
Commanding Officer Western Alaska Port & Marine Safety Office                  
By Senator Salo; Representatives Navarre, Green, Brice, Davidson,              
B.Davis, Foster, Hudson, James, Kott, Mackie, MacLean, Menard,                 
Mulder, Nicholia, Parnell, Phillips, Sitton, Toohey,  Ulmer, Vezey,            
Willis                                                                         
                                                                               
                                                                               
Honoring - Alaska Sweet Adelines                                               
By Senators Salo, Leman; Representatives Brice, Davies, B.Davis,               
G.Davis, Foster, Hanley, James, Kott, Martin, Mackie, Menard,                  
Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter, Sitton, Toohey,         
Ulmer, Willis                                                                  
                                                                               
                                                                               
Honoring - Sergeant Lyle Haugsven                                              
By Senator Adams; Representatives MacLean, Brice, B.Davis,                     
Finkelstein, Foster, James, Kott, Mackie, Menard, Mulder, Navarre,             
Nicholia, Phillips, Sitton, Toohey, Ulmer, Willis                              
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
HB 358                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 3856) on the following at              
this time:                                                                     
                                                                               
CS FOR HOUSE BILL NO. 358(STA)                                                
"An Act allowing a mobile home owner to obtain a certificate                  
of title from the Department of Public Safety."                                
                                                                               
and                                                                            
                                                                               
SENATE CS FOR CS FOR HOUSE BILL NO. 358(L&C)                                  
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Phillips moved that the House concur in the Senate              
amendment to CSHB 358(STA), thus adopting SCS CSHB 358(L&C),                   
and recommended that the members vote yes.                                     

1994-04-29                     House Journal                      Page 3883
HB 358                                                                       
The question being:  "Shall the House concur in the Senate amendment           
to CSHB 358(STA)?"  The roll was taken with the following result:              
                                                                               
                                                                               
SCS CSHB 358(L&C)                                                              
Concur                                                                         
                                                                               
YEAS:  29   NAYS:  8   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Bunde, Carney, Davidson, B.Davis, Finkelstein, Foster,          
Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, MacLean,              
Martin, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter,            
Sanders, Therriault, Toohey, Ulmer, Williams, Willis                           
                                                                               
Nays:  Brice, Brown, Davies, G.Davis, Mackie, Menard, Sitton, Vezey            
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
                                                                               
And so, the House concurred in the Senate amendment, thus adopting             
SCS CSHB 358(L&C).                                                             
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
SCS CSHB 358(L&C) was referred to the Chief Clerk for enrollment.              
                                                                               
                                                                               
SB 255                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 3821) on the following at              
this time:                                                                     
                                                                               
CS FOR SENATE BILL NO. 255(STA) am H                                          
"An Act establishing a comprehensive policy relating to                       
human resource development in the state."                                      

1994-04-29                     House Journal                      Page 3884
SB 255                                                                       
and                                                                            
                                                                               
CS FOR SENATE BILL NO. 255(STA)                                               
(same title)                                                                  
                                                                               
Representative Phillips moved that the House recede from its                   
amendment to CSSB 255(STA), namely CSSB 255(STA) am H, and                     
recommended that the members vote no.                                          
                                                                               
Representative Phillips moved and asked unanimous consent to                   
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 92                                                                        
The Speaker waived the Health, Education & Social Services                     
Committee referral on the following at the request of Representative           
Bunde, Co-chair:                                                               
                                                                               
CS FOR SENATE BILL NO. 92(CRA)(efd am)                                        
"An Act relating to an advisory vote during regional                          
educational attendance area school board elections; and                        
providing for an effective date."                                              
                                                                               
CSSB 92(CRA)(efd am) was removed from the Health, Education &                  
Social Services Committee and sent to the Finance Committee.                   
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
HB 342                                                                       
Representative Brown gave notice of reconsideration of the vote on             
CSHB 342(FIN) am (page 3871).                                                  
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that the                
reconsideration of CSHB  342(FIN) am be taken up on the same day.              
There being no objection, it was so ordered.                                   
                                                                               

1994-04-29                     House Journal                      Page 3885
HB 342                                                                       
The question to be reconsidered:  "Shall CSHB 342(FIN) am pass the             
House?"  The roll was taken with the following result:                         
                                                                               
                                                                               
CSHB 342(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  35   NAYS:  0   EXCUSED:  2   ABSENT:  3                              
                                                                               
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, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,          
Toohey, Ulmer, Vezey, Williams, Willis                                         
                                                                               
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
                                                                               
Absent:  Davidson, Nicholia, Therriault                                        
                                                                               
                                                                               
And so, CSHB 342(FIN) 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 clause.  There being no objection, it was so ordered.           
                                                                               
                                                                               
CSHB 342(FIN) am was referred to the Chief Clerk for engrossment.              
                                                                               
                                                                               
SB 212                                                                       
Representative Ulmer brought up reconsideration of the vote on HCS             
CSSB 212(L&C) am H (page 3843).                                                
                                                                               
                                                                               
The following was again before the House in third reading:                     
                                                                               

1994-04-29                     House Journal                      Page 3886
SB 212                                                                       
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."                                                               
                                                                               
Representative Ulmer moved and asked unanimous consent that HCS                
CSSB 212(L&C) am H be returned to second reading for the specific              
purpose of considering Amendment No. 5.                                        
                                                                               
Representative Phillips objected.                                              
                                                                               
The question being:  "Shall HCS CSSB 212(L&C) am H be returned                 
to second reading for the specific purpose of considering Amendment            
No. 5?"  The roll was taken with the following result:                         
                                                                               
                                                                               
HCS CSSB 212(L&C) am H--RECONSIDERATION                                        
Third Reading                                                                  
Return to Second for Amendment No. 5                                           
                                                                               
YEAS:  15   NAYS:  22   EXCUSED:  2   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hudson, Mackie, Menard, Nordlund, Sitton, Ulmer, Willis           
                                                                               
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, James, Kott,             
Larson, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips,             
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
                                                                               
And so, the motion failed.                                                     
                                                                               

1994-04-29                     House Journal                      Page 3887
SB 212                                                                       
The question to be reconsidered:  "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--RECONSIDERATION                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  34   NAYS:  3   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis,               
Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott,          
Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nordlund,              
Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey,        
Vezey, Williams, Willis                                                        
                                                                               
                                                                               
Nays:  Brown, Davies, Ulmer                                                    
                                                                               
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
Mackie changed from "Nay" to "Yea".                                            
                                                                               
                                                                               
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.           
                                                                               
HCS CSSB 212(L&C) am H was referred to the Chief Clerk for                     
engrossment.                                                                   
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SB 255                                                                       
Representative Phillips moved and asked unanimous consent that the             
House consider the Senate message (page 3821) on the following at              
this time:                                                                     

1994-04-29                     House Journal                      Page 3888
SB 255                                                                       
CS FOR SENATE BILL NO. 255(STA) am H                                          
"An Act establishing a comprehensive policy relating to                       
human resource development in the state."                                      
                                                                               
and                                                                            
                                                                               
	CS FOR SENATE BILL NO. 255(STA)                                               
(same title)                                                                  
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
Representative Phillips moved that the House recede from its                   
amendment to CSSB 255(STA), namely CSSB 255(STA) am H, and                     
recommended that the members vote no.                                          
                                                                               
                                                                               
The question being:  "Shall the House recede from its amendment to             
CSSB 255(STA)?"  The roll was taken with the following result:                 
                                                                               
                                                                               
CSSB 255(STA) am H                                                             
Recede                                                                         
                                                                               
YEAS:  4   NAYS:  33   EXCUSED:  2   ABSENT:  1                              
                                                                               
Yeas:  Kott, Olberg, Sanders, Vezey                                            
                                                                               
Nays:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hudson, James, Larson, Mackie, MacLean, Martin, Menard, Moses,                 
Mulder, Nordlund, Parnell, Phillips, Porter, Sitton, Therriault, Toohey,       
Ulmer, Williams, Willis                                                        
                                                                               
Excused:  Hoffman, Navarre                                                     
                                                                               
Absent:  Nicholia                                                              
                                                                               
                                                                               
And so, the House failed to recede.                                            
                                                                               

1994-04-29                     House Journal                      Page 3889
SB 255                                                                       
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 Sanders, Chair                         
                              Representative Kott                              
                             Representative Menard                             
                                                                               
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
SCR 14                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was signed by the Speaker and Chief Clerk and returned to the         
Senate:                                                                        
                                                                               
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.                                              
                                                                               
                                                                               
SB 24                                                                        
Reconsideration of the following was not taken up on this legislative          
day.  It was signed by the Speaker and Chief Clerk and returned to the         
Senate:                                                                        
                                                                               
SENATE BILL NO. 24                                                            
"An Act extending the maximum period of probation after                       
conviction."                                                                   
                                                                               
                                                                               
SB 164                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was signed by the Speaker and Chief Clerk and returned to the         
Senate:                                                                        
                                                                               

1994-04-29                     House Journal                      Page 3890
SB 164                                                                       
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 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."                                                              
                                                                               
                                                                               
SB 350                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was signed by the Speaker and Chief Clerk and returned to the         
Senate:                                                                        
                                                                               
SENATE BILL NO. 350                                                           
"An Act relating to a defendant's violation of conditions of                  
release; and providing for an effective date."                                 
                                                                               
                                                                               
SB 351                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was signed by the Speaker and Chief Clerk and returned to the         
Senate:                                                                        
                                                                               
SENATE BILL NO. 351                                                           
"An Act amending Alaska Rule of Evidence 404, relating to                     
the admissibility of certain character evidence in court                       
proceedings."                                                                  
                                                                               

1994-04-29                     House Journal                      Page 3891
SB 374                                                                       
Reconsideration of the following was not taken up on this legislative          
day.  It was signed by the Speaker and Chief Clerk and returned to the         
Senate:                                                                        
                                                                               
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."                                                                         
                                                                               
                                                                               
                                 ENGROSSMENT                                 
                                                                               
HB 342                                                                       
CSHB 342(FIN) am was engrossed, signed by the Speaker and Chief                
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
HB 356                                                                       
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 BILL NO. 356                                                            
"An Act relating to living wills and do not resuscitate orders;               
and providing for an effective date."                                          
                                                                               
                                                                               
HB 443                                                                       
CSHB 443(RES) am (efd fld) was engrossed, signed by the Speaker                
and Chief Clerk and transmitted to the Senate for consideration.               
                                                                               
                                                                               
SB 212                                                                       
HCS CSSB 212(L&C) am H was engrossed, signed by the Speaker and                
Chief Clerk and transmitted to the Senate for consideration.                   
                                                                               
                                                                               
SB 248                                                                       
HCS CSSB 248(FIN) was engrossed, signed by the Speaker and Chief               
Clerk and transmitted to the Senate for consideration.                         

1994-04-29                     House Journal                      Page 3892
SB 250                                                                       
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. 250(FIN)                                  
"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."                                                            
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
House committee schedules are published daily under separate cover.            
                                                                               
                                                                               
Community & Regional              Capitol 124          upon adj., 4/29         
Affairs Committee                                                              
(RESCHEDULED FROM 1 PM,                                                        
4/29)                                                                          
                                                                               
                                                                               
Conference Committee              Capitol 518          3:00 p.m., 4/30         
on HB 370                                                                      
(RESCHEDULED FROM 3 PM,                                                        
4/29)                                                                          
                                                                               
Majority Caucus                Speaker's Chamber        2:00 p.m., 5/1         
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adjourn until 10:00 a.m., May 2, 1994.  There being no                   
objection, the House adjourned at 3:53 p.m.                                    
                                                                               
								Suzi Lowell                                                            
								Chief Clerk