Legislature(1993 - 1994)
1994-04-29 House Journal
Full Journal pdf1994-04-29 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