Legislature(1993 - 1994)
1994-05-03 House Journal
Full Journal pdf1994-05-03 House Journal Page 3947 HOUSE JOURNAL ALASKA STATE LEGISLATURE EIGHTEENTH LEGISLATURE -- SECOND SESSION Juneau, Alaska Tuesday May 3, 1994 One Hundred Fourteenth Day Pursuant to adjournment, the House was called to order by Speaker Barnes at 11:34 a.m. Roll call showed 39 members present. Representative Ulmer was excused from a call of the House today due to illness. The invocation was offered by the Chaplain, Pastor Richard Green of the Glacier Valley Church of God. Representative Hudson moved and asked unanimous consent that the invocation be spread on the journal. There being no objection, it appears below: "Lord, You say to our hearts, `Fear not for I am with you; be not dismayed for I am your God. I will strengthen you, Yes, I will help you, I will uphold you with My righteous right hand.' (Isaiah 41:10) We confess that we need Your help and strength today to do and be what we should. I pray that You would give us wisdom, compassion and understanding. Help us to be grateful. Help us to give of ourselves out of the abundance You have given to us. Help us to speak and to do the things that heal others. To the Giver of every good gift and to the Provider of our needs we give glory, honor and praise with thankfulness. Amen." The Pledge of Allegiance was led by Representative Williams. 1 1994-05-03 House Journal Page 3948 CERTIFICATION OF THE JOURNAL Representative Phillips moved and asked unanimous consent that the journal for the 113th legislative day be approved as certified by the Chief Clerk. There being no objection, it was so ordered. MESSAGES FROM THE SENATE HJR 50 A message dated May 2, 1994, was read stating the Senate has passed: CS FOR HOUSE JOINT RESOLUTION NO. 50(RES) Relating to the North Pacific Fishery Management Council comprehensive rationalization plan. CSHJR 50(RES) was referred to the Chief Clerk for enrollment. HB 28 A message dated May 2, 1994, was read stating the Senate has passed: CS FOR HOUSE BILL NO. 28(JUD) am "An Act relating to the penalty for providing alcoholic beverages to a person under the age of 21; and providing for an effective date." CSHB 28(JUD) am was referred to the Chief Clerk for enrollment. HB 450 A message dated May 2, 1994, was read stating the Senate has passed: HOUSE BILL NO. 450 "An Act relating to investment pools for public entities; and providing for an effective date." HB 450 was referred to the Chief Clerk for enrollment. 1994-05-03 House Journal Page 3949 HB 3 A message dated May 2, 1994, was read stating the Senate has passed HB 3 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 3(JUD) "An Act relating to public home care providers; and providing for an effective date." HB 3 is under Unfinished Business. HB 373 A message dated May 2, 1994, was read stating the Senate has passed HB 373 with the following amendment and it is transmitted for consideration: SENATE CS FOR HOUSE BILL NO. 373(FIN) "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date." A Senate Finance Committee Letter of Intent was attached (page 4016 of the Senate Journal). HB 373 is under Unfinished Business. HB 49 A message dated May 2, 1994, was read stating the Senate has failed: SENATE CS FOR CS FOR HOUSE BILL NO. 49(STA)(fld S) "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date." SCS CSHB 49(STA)(fld S) was referred to the Chief Clerk for permanent filing. 1994-05-03 House Journal Page 3950 HB 491 A message dated May 2, 1994, was read stating the Senate has failed: SENATE CS FOR HOUSE BILL NO. 491(STA) am S(fld S) "An Act relating to reports by the Alaska Science and Technology Foundation." SCS HB 491(STA) am S(fld S) was referred to the Chief Clerk for permanent filing. SB 212 A message dated May 2, 1994, was read stating the Senate has concurred in the House amendment to CSSB 212(FIN) am, thus adopting: 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." SB 248 A message dated May 2, 1994, was read stating the Senate has failed to concur in the House amendment to CSSB 248(RLS) am, namely: 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." and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: 1994-05-03 House Journal Page 3951 SB 248 Senator Sharp, Chair Senator Leman Senator Kerttula HCS CSSB 248(FIN) is under Unfinished Business. SB 250 A message dated May 2, 1994, was read stating the Senate has failed to concur in the House amendment to CSSB 250(FIN) am, namely: 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." and respectfully requests the House to recede from its amendment. In the event the House fails to recede, the President appointed the following members to a Conference Committee to meet with a like committee from the House to consider the bills: Senator Sharp, Chair Senator Kerttula Senator Leman HCS CSSB 250(FIN) is under Unfinished Business. SB 255 A message dated May 2, 1994, was read stating the Senate has adopted the Conference Committee report on CSSB 255(STA) am H and CSSB 255(STA), thus adopting: CONFERENCE CS FOR SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." 1994-05-03 House Journal Page 3952 SB 255 The report is under Unfinished Business. Messages dated May 2, 1994, were read stating the Senate has passed the following and they are transmitted for consideration: FIRST READING AND REFERENCE OF SENATE BILLS SB 21 SENATE BILL NO. 21 am by Senators Donley, Lincoln, Ellis, Taylor, Pearce, Leman, Kerttula, Duncan, Zharoff and Sharp, entitled: "An Act relating to child visitation rights of grandparents and other persons who are not the parents of the child." was read the first time and referred to the Judiciary Committee. SB 101 CS FOR SENATE BILL NO. 101(FIN)(title am) by the Senate Finance Committee, entitled: "An Act relating to interim assistance under the adult public assistance program; requiring the Department of Health and Social Services to consult with the Department of Education in order to develop an application process and disability determination system to implement the adult public assistance program." was read the first time and referred to the Finance Committee. SB 256 CS FOR SENATE BILL NO. 256(TRA) by the Senate Transportation Committee, entitled: "An Act relating to the tax on transfers and consumption of aviation fuel; and providing for an effective date." was read the first time and referred to the Finance Committee. 1994-05-03 House Journal Page 3953 SB 339 CS FOR SENATE BILL NO. 339(RES)(efd fld) by the Senate Resources Committee, entitled: "An Act relating to the management and disposal of state land and resources; relating to certain remote parcel and homestead entry land purchase contracts and patents." was read the first time and referred to the Finance Committee. SB 370 CS FOR SENATE BILL NO. 370(FIN) by the Senate Finance Committee, entitled: "An Act providing an exemption from gambling laws for gambling conducted by cruise ships for their ticketed passengers in the offshore water of the state; relating to promotions on board cruise ships; defining `cruise ship'; providing for exemption procedures for certain cruise ships before they can conduct gambling in the offshore water of the state; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. COMMUNICATIONS Letters dated April 29, 1994, were received from William Snell, Executive Director of the Alaska Industrial Development and Export Authority, stating that, in accordance with AS 44.83.910, the Alaska Energy Authority gives notice of its intention to issue the following bonds: $1,000,000 - for the purpose of financing self insurance for the Alaska Intertie. $10,000,000 - for the purpose of financing self insurance for the Four Dam Pool. The letters are on file in the Chief Clerk's office. 1994-05-03 House Journal Page 3954 The following reports are on the file in the Chief Clerk's office: Dept. of Natural Resources Division of Forestry Annual Report (as required by AS 41.17.047) Dept. of Environmental Conservation Division of Environmental Quality Forest Practices Assessment Reports with a summary of findings letter (as required by AS 41.17.047) REPORTS OF STANDING COMMITTEES HB 466 The Finance Committee has considered: HOUSE BILL NO. 466 "An Act authorizing the issuance of bonds by the Alaska Housing Finance Corporation to pay for the costs of repair and rehabilitation of student housing facilities of the University of Alaska; authorizing the issuance of bonds by the University of Alaska to pay for the costs of repair and rehabilitation of facilities of the University of Alaska; amending powers of the Alaska Housing Finance Corporation; amending the definition of "public building"; relating to the Alaska debt retirement fund; and providing for an effective date." The report was signed by Representatives Larson and MacLean, Co- chairs, with the following individual recommendations: Do pass (2): Navarre, Brown Do not pass (2): Larson, Martin No recommendation (6): MacLean, Hanley, Parnell, Grussendorf, Hoffman, Foster 1994-05-03 House Journal Page 3955 HB 466 The following fiscal notes apply to HB 466: Zero fiscal note, University of Alaska, 3/9/94 Zero fiscal note, Dept. of Revenue, 2/11/94 Zero fiscal note, Office of the Governor, 2/11/94 HB 466 was referred to the Rules Committee for placement on the calendar. HB 548 The Labor & Commerce Committee has considered: HOUSE BILL NO. 548 "An Act relating to the construction of the Alaska Orbital Launch Complex by the Alaska Aerospace Development Corporation." The report was signed by Representative Hudson, Chair, with the following individual recommendations: Do pass (5): Porter, Hudson, Green, Williams, Mulder The following fiscal note applies to HB 548: Zero fiscal note, Dept. of Commerce & Economic Development, 5/3/94 HB 548 was referred to the Rules Committee for placement on the calendar. REPORTS OF SPECIAL COMMITTEES HB 407 The Conference Committee considering: HOUSE BILL NO. 407 "An Act relating to issuance of commemorative gold rush motor vehicle license plates." and 1994-05-03 House Journal Page 3956 HB 407 SENATE CS FOR HOUSE BILL NO. 407(FIN) am S "An Act relating to issuance of commemorative gold rush motor vehicle license plates; and providing for an effective date." requests limited powers of free conference on the following specific points: 1. Making the Gold Rush Commemoration license plate a special issue plate as authorized by HB 407 instead of the new general issue plate as authorized by SCS HB 407(FIN) am S. 2. Providing for issuance on one registration plate for all vehicles as authorized by SCS HB 407(FIN) am S. No comparable section exists in HB 407. 3. Making an appropriate descriptive title change. The memorandum was signed by Representative Foster and Senator Sharp, Chairs. The Speaker granted limited powers of free conference as requested. The Chief Clerk was instructed to so notify the Senate. INTRODUCTION OF CITATIONS The following citations were introduced and referred to the Rules Committee for placement on the calendar: Honoring - Rural Student Services, UAF, 25th Anniversary By Representatives Davies, Brice, Nicholia, Hoffman, Sitton; Senators Lincoln, Adams Honoring - Matt Mattson By Representatives Davies, Willis, Sitton, Brice Honoring - Michael C. Fish, Aviation Survivalman Second Class, U.S. Coast Guard By Representatives Menard, Carney, Larson; Senators Kerttula, Halford 1994-05-03 House Journal Page 3957 Honoring - Colony High Vocational Industrial Clubs of America By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Palmer High Vocational Industrial Clubs of America By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Jeremy "Jerry" Coonrad, Andrew "Ace" Cash, American High School Mathematics Awards, 1994 By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Wasilla High Vocational Industrial Clubs of America By Representatives Menard, Carney, Larson; Senators Kerttula, Halford Honoring - Clark Junior High's "Falcon Flash", Most Outstanding Junior High Newspaper in America Award, 1994 By Representatives Martin, Mulder, Barnes, B.Davis Honoring - Don Schulz, 1994 National Big Brother of the Year By Representative Hanley; Senator Rieger Honoring - Baker-Jennings Films By Senator Ellis In Memoriam - Jennie Tretikoff Sather By Representative MacLean The Speaker stated that, without objection, the House would stand at ease until 12:30 p.m., and so, the House stood at ease at 12:06 p.m. AFTER AT EASE The House was called back to order at 12:54 p.m. CONSIDERATION OF THE DAILY CALENDAR SECOND READING OF HOUSE BILLS HB 201 The following was read the second time: 1994-05-03 House Journal Page 3958 HB 201 HOUSE BILL NO. 201 "An Act amending provisions of Ch. 66, SLA 1991, that relate to reconstitution of the corpus of the mental health trust, the management of trust assets, and to the manner of enforcement of the obligation to compensate the trust; and providing for an effective date." with the: Journal Page JUD REFERRAL WAIVED Y22 N17 E1 826 RES RPT CS(RES) NEW TITLE 3DP 4NR 930 -FISCAL NOTE (DNR) 4/2/93 931 -2 ZERO FNS (LAW, F&G) 4/2/93 931 FIN RPT CS(FIN) NEW TITLE 7DP 1NR 1AM 3906 -5 FISCAL NOTES (H.FIN/ADM, H.FIN/DNR, 3906 ...LAW, 2-H.FIN/DHSS) 5/2/94 3906 The Finance Committee submitted the following corrected fiscal note: Fiscal note, Finance Committee/Dept. of Health & Social Services, 5/3/94 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. 201(FIN) "An Act relating to the mental health land trust and the mental health land trust litigation, Weiss v. State, 4FA-82-2208 Civil, and amending and repealing other laws relating to mental health institutions, programs, and services that are affected by Ch. 66, SLA 1991; and providing for an effective date." There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Larson: Page 12, line 16: Delete "[(5) SHALL]" Insert "[(5)] shall" 1994-05-03 House Journal Page 3959 HB 201 Representative Larson moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Larson and Brown: Page 31, following line 10, insert a new section to read: "* Sec. 47. If, on or before November 30, 1994, the Governor determines that it is in the best interest of the beneficiaries of the mental health trust and the state that the December 15, 1994 deadline be extended, the Governor at that time may extend the December 15, 1994 deadline for not more than forty-five days." Renumber following sections accordingly. Page 31, lines 12 & 15, after "1994,": Insert "or on a date determined by the governor under section 47 of this Act," Page 31, line 18, after "sec.": Delete "47" Insert "48" Page 31, line 19, after "1994": Insert ", or on a date determined by the governor under section 47 of this Act." Page 31, line 20: Delete all material and insert a new section to read: "* Sec. 51. Sections 48 and 49 of this Act take effect December 16, 1994, or on a date determined by the governor under section 47 of this Act." Representative Larson moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 201(FIN) am be considered engrossed, advanced to third reading and placed on final passage. 1994-05-03 House Journal Page 3960 HB 201 Objection was heard and withdrawn. There being no further objection, it was so ordered. CSHB 201(FIN) am was read the third time. The question being: "Shall CSHB 201(FIN) am pass the House?" The roll was taken with the following result: CSHB 201(FIN) am Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer And so, CSHB 201(FIN) 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 B.Davis later gave notice of reconsideration of her vote on CSHB 201(FIN) am and it was taken up then. Representative Phillips moved and asked unanimous consent that the House adopt the Supplemental Calendar. There being no objection, the following Supplemental Calendar was adopted: HB 371 1994-05-03 House Journal Page 3961 CONSIDERATION OF THE SUPPLEMENTAL CALENDAR SECOND READING OF HOUSE BILLS HB 371 The following was read the second time: HOUSE BILL NO. 371 "An Act making appropriations for operating expenses for certain programs for which the costs are derived from mandated formulas or criteria, and for expenses for certain leases and contracts for state services and operations; and providing for an effective date." 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. 371(FIN) "An Act making appropriations to capitalize the mental health trust fund from the balance of the mental health trust income account on June 30, 1995, mental health trust income of the Department of Natural Resources in the general fund, and earnings reserve account; making an appropriation to the mental health trust income account from the net income earned by the mental health trust fund; and providing for an effective date." There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSHB 371(FIN) be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. Representative Brown moved and asked unanimous consent that CSHB 371(FIN) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. 1994-05-03 House Journal Page 3962 HB 371 Amendment No. 1 was offered by Representative Brown: Page 2, following line 19, insert a new subsection to read: "(d) If, on or before November 30, 1994, the Governor determines that it is in the best interest of the beneficiaries of the mental health trust and the state that the December 15, 1994 deadline in (c)(2) of this section be extended, the Governor at that time may extend the December 15, 1994 deadline for not more than forty-five days." Reletter the remaining subsection accordingly. Representative Brown moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, it was so ordered. CSHB 371(FIN) am was read the third time. The question being: "Shall CSHB 371(FIN) am pass the House?" The roll was taken with the following result: CSHB 371(FIN) am Third Reading Final Passage YEAS: 29 NAYS: 10 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brown, Bunde, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Carney, Davidson, Davies, Hoffman, Menard, Nicholia, Nordlund, Sitton, Willis 1994-05-03 House Journal Page 3963 HB 371 Excused: Ulmer Navarre changed from "Nay" to "Yea". Sitton changed from "Yea" to "Nay". And so, CSHB 371(FIN) 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 B.Davis gave notice of reconsideration of her vote on CSHB 371(FIN) am. RECONSIDERATION HB 371 Representative B.Davis moved and asked unanimous consent that the reconsideration of CSHB 371(FIN) am be taken up on the same day. Representative Navarre objected. ANNOUNCEMENTS Minority Caucus upon at ease, 5/3 [Comment: #] The Speaker stated that, without objection, the House would stand at ease and so, the House stood at ease at 1:15 p.m. 1994-05-03 House Journal Page 3964 AFTER AT EASE The House was called back to order at 1:57 p.m. RECONSIDERATION (continued) HB 371 The objection to taking up reconsideration on the same day was not maintained. The Speaker placed a call of the House and lifted the call. The question to be reconsidered: "Shall CSHB 371(FIN) am pass the House?" The roll was taken with the following result: CSHB 371(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 27 NAYS: 12 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brown, Bunde, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brice, Carney, Davidson, Davies, Hoffman, Hudson, Menard, Navarre, Nicholia, Nordlund, Sitton, Willis Excused: Ulmer And so, CSHB 371(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 clauses. There being no objection, it was so ordered. CSHB 371(FIN) am was referred to the Chief Clerk for engrossment. 1994-05-03 House Journal Page 3965 HB 201 Representative B.Davis gave notice of reconsideration of her vote on CSHB 201(FIN) am (page 3960). Representative B.Davis moved and asked unanimous consent that the reconsideration of CSHB 201(FIN) am be taken up on the same day. There being no objection, it was so ordered. The question to be reconsidered: "Shall CSHB 201(FIN) am pass the House?" The roll was taken with the following result: CSHB 201(FIN) am--RECONSIDERATION Third Reading Final Passage YEAS: 39 NAYS: 0 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer And so, CSHB 201(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 clauses. There being no objection, it was so ordered. CSHB 201(FIN) am was referred to the Chief Clerk for engrossment. 1994-05-03 House Journal Page 3966 CONSIDERATION OF THE DAILY CALENDAR (continued) SECOND READING OF SENATE BILLS SB 366 The following was read the second time: CS FOR SENATE BILL NO. 366(FIN) am(efd fld) "An Act relating to medical support and health insurance coverage for children; allowing a member of the teachers' retirement system or the public employees' retirement system to assign to a Medicaid-qualifying trust the member's right to receive a monetary benefit from the system; relating to the effect of a Medicaid-qualifying trust on the eligibility of a person for Medicaid; relating to the recovery of certain Medicaid payments from estates and trusts; requiring persons who receive Medicaid services to be liable for sharing in the cost of those services to the extent allowed under federal law and regulations." with the: Journal Page FIN RPT 4DP 3NR 3909 -FISCAL NOTE (DHSS) 5/2/94 3909 -2 PREVIOUS SENATE FNS (DHSS) 4/6/94 3909 -PREVIOUS SENATE ZERO FN (DCED) 4/12/94 3909 Representative Phillips moved and asked unanimous consent that CSSB 366(FIN) am(efd fld) be considered engrossed, advanced to third reading and placed on final passage. Representative Brice objected. Representative Phillips moved and asked unanimous consent to withdraw the motion. There being no objection, it was so ordered. 1994-05-03 House Journal Page 3967 SB 366 Amendment No. 1 was offered by Representative Brice: Page 10, line 17 through Page 11, line 2: Delete all material. Renumber remaining section accordingly. Representative Brice moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Hanley objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSSB 366(FIN) am(efd fld) Second Reading Amendment No. 1 YEAS: 19 NAYS: 20 EXCUSED: 1 ABSENT: 0 Yeas: Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, Hudson, Mackie, Menard, Moses, Navarre, Nicholia, Nordlund, Sitton, Willis Nays: Barnes, Bunde, G.Davis, Green, Hanley, James, Kott, Larson, MacLean, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams 1994-05-03 House Journal Page 3968 SB 366 Excused: Ulmer And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representatives Navarre and Brown: Page 10, line 31 through page 11, line 2: Delete all material. Representative Navarre moved and asked unanimous consent that Amendment No. 2 be adopted. There being no objection, it was so ordered. Representative Phillips moved and asked unanimous consent that CSSB 366(FIN) am(efd fld) am H be considered engrossed, advanced to third reading and placed on final passage. Representative B.Davis objected. The Speaker stated that CSSB 366(FIN) am(efd fld) am H will be in third reading on the May 4, 1994, calendar. SB 368 The following was read the second time: SENATE BILL NO. 368 "An Act relating to the human services community matching grant program; and providing for an effective date." 1994-05-03 House Journal Page 3969 SB 368 with the: Journal Page FIN RPT 2DP 6NR 3910 -PREVIOUS SENATE ZERO FN (DHSS) 4/8/94 3910 Representative Phillips moved and asked unanimous consent that SB 368 be considered engrossed, advanced to third reading and placed on final passage. There being no objection, it was so ordered. SB 368 was read the third time. The question being: "Shall SB 368 pass the House?" The roll was taken with the following result: SB 368 Third Reading Final Passage YEAS: 31 NAYS: 5 EXCUSED: 1 ABSENT: 3 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hudson, James, Larson, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Hanley, Hoffman, Kott, Mackie, Martin Excused: Ulmer Absent: Davidson, MacLean, Menard And so, SB 368 passed the House. 1994-05-03 House Journal Page 3970 SB 368 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. SB 368 was signed by the Speaker and Chief Clerk and returned to the Senate. THIRD READING OF SENATE BILLS SB 308 The following, which was advanced to third reading from the May 2, 1994, calendar (page 3935), was read the third time: CS FOR SENATE BILL NO. 308(FIN) am H "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 question being: "Shall CSSB 308(FIN) am H pass the House?" The roll was taken with the following result: CSSB 308(FIN) am H Third Reading Final Passage YEAS: 22 NAYS: 16 EXCUSED: 1 ABSENT: 1 1994-05-03 House Journal Page 3971 SB 308 Yeas: Barnes, Brice, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hoffman, MacLean, Moses, Navarre, Nicholia, Nordlund, Sitton, Willis Excused: Ulmer Absent: Menard And so, CSSB 308(FIN) am H passed the House. Representative Phillips moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSSB 308(FIN) am H Third Reading Effective Date YEAS: 25 NAYS: 13 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Brice, Bunde, Carney, G.Davis, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams Nays: Brown, Davidson, Davies, B.Davis, Finkelstein, Foster, Hoffman, MacLean, Navarre, Nicholia, Nordlund, Sitton, Willis Excused: Ulmer Absent: Menard And so, the effective date clause was not adopted. 1994-05-03 House Journal Page 3972 SB 308 Representative MacLean gave notice of reconsideration of her vote on CSSB 308(FIN) am H(efd fld). THIRD READING OF SENATE RESOLUTIONS SJR 39 The following, which was advanced to third reading from the May 2, 1994, calendar (page 3940), was read the third time: SENATE JOINT RESOLUTION NO. 39 Proposing an amendment to the Constitution of the State of Alaska to guarantee, in addition to the right of the people to keep and bear arms as approved by the voters at the time of ratification of the state Constitution, that the individual right to keep and bear arms shall not be denied or infringed by the state or a political subdivision of the state. Representative Navarre placed a call of the House and lifted the call. The question being: "Shall SJR 39 pass the House?" The roll was taken with the following result: SJR 39 Third Reading Final Passage YEAS: 33 NAYS: 4 EXCUSED: 1 ABSENT: 2 Yeas: Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis, Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis 1994-05-03 House Journal Page 3973 SJR 39 Nays: Brown, Finkelstein, Hoffman, MacLean Excused: Ulmer Absent: Davies, Nordlund And so, SJR 39 passed the House. The following Letter of Intent was offered by Representative Porter: "It is the intent of the legislature that the authority to review and pass laws on misuse of weapons is an important aspect of the legislature's responsibility to assure the health, safety and welfare of all Alaskans. It is the intent of the legislature that the individual right to bear arms set forth in SJR 39 not be an absolute right, and that it does not guarantee an individual the right to carry weapons at all times and under all circumstances, when the legislature has determined that such conduct is contrary to the public interest." Representative Porter moved and asked unanimous consent that the House adopt the Letter of Intent. Representative Parnell objected. The question being: "Shall the House adopt the Letter of Intent?" The roll was taken with the following result: SJR 39 Third Reading Letter of Intent YEAS: 14 NAYS: 23 EXCUSED: 1 ABSENT: 2 Yeas: Brice, Brown, B.Davis, Finkelstein, Grussendorf, Hudson, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Porter 1994-05-03 House Journal Page 3974 SJR 39 Nays: Barnes, Bunde, Carney, Davidson, G.Davis, Foster, Green, Hanley, Hoffman, James, Kott, Martin, Menard, Nordlund, Olberg, Parnell, Phillips, Sanders, Sitton, Therriault, Vezey, Williams, Willis Excused: Ulmer Absent: Davies, Toohey And so, the Letter of Intent was not adopted. Representative Navarre gave notice of reconsideration of his vote on SJR 39. 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 - House and Senate Sergeants-at-Arms, Assistant Sergeants- at-Arms, and House and Senate Pages By Representatives Moses, Brice, Brown, Bunde, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nordlund, Olberg, Parnell, Phillips, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Honoring - Lisa Christenson, Alaska Army National Guard Adjutant General's Trophy By Representatives Willis, Carney, Kott, Bunde, B.Davis, Foster, James, Mackie, MacLean, Menard, Mulder, Navarre, Parnell, Sanders, Sitton, Vezey; Senators Halford, Phillips Honoring - Mary Shields By Representatives Ulmer, Hudson, Bunde, B.Davis, G.Davis, Finkelstein, James, Mackie, Martin, Menard, Mulder, Navarre, Sitton, Willis; Senator Duncan 1994-05-03 House Journal Page 3975 Honoring - Jennifer Baxter, National Arbor Day Poster Contest Winner By Senators Duncan, Little; Representatives Ulmer, Hudson, Bunde, Davies, B.Davis, Hoffman, James, Mackie, MacLean, Menard, Mulder, Navarre, Willis Commemorating - Police Memorial Day, May 13, 1994 By Senators Leman, Halford, Miller, Phillips; Representatives James, Hanley, Martin, Kott, Green, Phillips, Sanders, Vezey, Barnes, Mackie, Porter, Parnell, Brice, Brown, Bunde, Davidson, Davies, B.Davis, Grussendorf, Hanley, Larson, Mackie, MacLean, Menard, Mulder, Navarre, Nordlund, Olberg, Sanders, Sitton, Toohey, Willis In Memoriam - Ernest D. Blatchford By Representatives G.Davis, Phillips, Navarre, Brice, Bunde, B.Davis, Finkelstein, Foster, Grussendorf, Hanley, James, Kott, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Olberg, Sanders, Sitton, Toohey, Willis; Senators Little, Salo RECONSIDERATION SB 240 Representative Navarre brought up reconsideration of the vote on HCS CSSB 240(CRA). The following was again before the House in third reading: HOUSE CS FOR CS FOR SENATE BILL NO. 240(CRA) "An Act relating to an optional municipal tax exemption for student housing for the University of Alaska." The question to be reconsidered: "Shall HCS CSSB 240(CRA) pass the House?" The roll was taken with the following result: HCS CSSB 240(CRA)-RECONSIDERATION Third Reading Final Passage YEAS: 38 NAYS: 0 EXCUSED: 1 ABSENT: 1 1994-05-03 House Journal Page 3976 SB 240 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer Absent: Davies And so, HCS CSSB 240(CRA) passed the House on reconsideration and was referred to the Chief Clerk for engrossment. UNFINISHED BUSINESS SB 255 Representative Phillips moved and asked unanimous consent that the House consider the Conference Committee report on the following, which is under Unfinished Business (page 3911), 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." and CS FOR SENATE BILL NO. 255(STA) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House adopt the Conference Committee report, thus adopting CCS SB 255. The question being: "Shall the House adopt the Conference Committee report?" The roll was taken with the following result: 1994-05-03 House Journal Page 3977 SB 255 CCS SB 255 Adopt Report YEAS: 35 NAYS: 4 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Bunde, Carney, Davidson, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Brown, Davies, MacLean, Menard Excused: Ulmer And so, the House adopted the Conference Committee report, thus adopting: CONFERENCE CS FOR SENATE BILL NO. 255 "An Act establishing a comprehensive policy relating to human resource development in the state." The Senate has adopted the Conference Committee report (page 4229 of the Senate Journal). The Chief Clerk was instructed to so notify the Senate. HB 3 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3949) on the following at this time: HOUSE BILL NO. 3 "An Act relating to public home care providers; and providing for an effective date." 1994-05-03 House Journal Page 3978 HB 3 and SENATE CS FOR HOUSE BILL NO. 3(JUD) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 3, thus adopting SCS HB 3(JUD), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 3?" The roll was taken with the following result: SCS HB 3(JUD) Concur YEAS: 38 NAYS: 1 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Nays: Menard Excused: Ulmer And so, the House concurred in the Senate amendment, thus adopting SCS HB 3(JUD). Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS HB 3(JUD) was referred to the Chief Clerk for enrollment. 1994-05-03 House Journal Page 3979 SB 248 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3950) on the following at this 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." and CS FOR SENATE BILL NO. 248(RLS) am (same title) Representative Phillips moved that the House recede from its amendment to CSSB 248(RLS) am, namely HCS CSSB 248(FIN), and recommended that the members vote yes. The question being: "Shall the House recede from its amendment to CSSB 248(RLS) am?" The roll was taken with the following result: HCS CSSB 248(FIN) Recede YEAS: 24 NAYS: 14 EXCUSED: 1 ABSENT: 1 Yeas: Barnes, Bunde, Carney, B.Davis, G.Davis, Foster, Green, Grussendorf, Hudson, Larson, Mackie, MacLean, Moses, Mulder, Navarre, Nicholia, Nordlund, Phillips, Porter, Therriault, Toohey, Vezey, Williams, Willis Nays: Brice, Brown, Davidson, Davies, Finkelstein, Hanley, Hoffman, James, Kott, Martin, Menard, Parnell, Sanders, Sitton Excused: Ulmer Absent: Olberg And so, the House receded from its amendment, thus adopting CSSB 248(RLS) am. 1994-05-03 House Journal Page 3980 SB 248 Representative Phillips moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSSB 248(RLS) am was considered again later. SB 250 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3951) on the following at this time: 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." and CS FOR SENATE BILL NO. 250(FIN) am (same title) There being no objection, it was so ordered. Representative Phillips moved that the House recede from its amendment to CSSB 250(FIN) am, namely HCS CSSB 250(FIN), 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. 1994-05-03 House Journal Page 3981 HB 373 Representative Phillips moved and asked unanimous consent that the House consider the Senate message (page 3949) on the following at this time: HOUSE BILL NO. 373 "An Act relating to investments of the permanent fund involving equity interests in and debt obligations secured by mortgages on real estate; and providing for an effective date." and SENATE CS FOR HOUSE BILL NO. 373(FIN) (same title) There being no objection, it was so ordered. Representative Phillips moved that the House concur in the Senate amendment to HB 373, thus adopting SCS HB 373(FIN), and recommended that the members vote yes. The question being: "Shall the House concur in the Senate amendment to HB 373?" The roll was taken with the following result: SCS HB 373(FIN) Concur YEAS: 32 NAYS: 7 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, Brice, Brown, Bunde, Davies, B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Toohey, Vezey, Williams, Willis Nays: Carney, Davidson, James, Kott, Navarre, Nicholia, Therriault Excused: Ulmer And so, the House concurred in the Senate amendment, thus adopting SCS HB 373(FIN). 1994-05-03 House Journal Page 3982 HB 373 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 Phillips moved and asked unanimous consent that the House adopt the Senate Finance Committee Letter of Intent (page 4016 of the Senate Journal). There being no objection, it was so ordered. The Chief Clerk was instructed to so notify the Senate. SCS HB 373(FIN) was referred to the Chief Clerk for enrollment. SB 248 Representative Martin moved and asked unanimous consent that the House rescind its previous action (page 3979) in receding from its amendment, to: CS FOR SENATE BILL NO. 248(RLS) am "An Act relating to services for and protection of vulnerable adults; and providing for an effective date." namely: HOUSE CS FOR CS FOR SENATE BILL NO. 248(FIN) (same title) The question being: "Shall the House rescind its previous action in receding from its amendment to CSSB 248(RLS) am?" The roll was taken with the following result: HCS CSSB 248(FIN) Recede Rescind previous action YEAS: 31 NAYS: 8 EXCUSED: 1 ABSENT: 0 1994-05-03 House Journal Page 3983 SB 248 Yeas: Barnes, Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Mackie, MacLean, Martin, Menard, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sanders, Sitton, Therriault, Toohey, Vezey, Willis Nays: Bunde, G.Davis, Green, Larson, Moses, Olberg, Porter, Williams Excused: Ulmer And so, the motion passed. The question being: "Shall the House recede from its amendment to CSSB 248(RLS) am?" The roll was taken with the following result: HCS CSSB 248(FIN) Recede YEAS: 4 NAYS: 35 EXCUSED: 1 ABSENT: 0 Yeas: Barnes, G.Davis, Olberg, Porter Nays: Brice, Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Parnell, Phillips, Sanders, Sitton, Therriault, Toohey, Vezey, Williams, Willis Excused: Ulmer And so, the House failed to recede. The Speaker appointed the following members to a Conference Committee to meet with the like Committee from the Senate to consider the above bills: Representative Martin, Chair Representative Brown Representative Parnell 1994-05-03 House Journal Page 3984 SB 248 The Senate members of the Conference Committee are Senators Sharp, Chair, Kerttula and Leman (page 3950). The Chief Clerk was instructed to so notify the Senate. UNFINISHED BUSINESS SB 342 The Speaker waived the Judiciary Committee referral on the following at the request of Representative Porter, Chair: CS FOR SENATE BILL NO. 342(L&C) "An Act relating to risk based capital for insurers; and providing for an effective date." CSSB 342(L&C) was referred to the Rules Committee for placement on the calendar. HB 299 Representative Williams added his name as cosponsor to: CS FOR HOUSE BILL NO. 299(FIN) am "An Act relating to revocation of a driver's license for illegal possession or use of a controlled substance or illegal possession or consumption of alcohol by a person at least 14 but not yet 21 years of age; to fees for reinstatement of a driver's license; and providing for an effective date." ENGROSSMENT HB 201 CSHB 201(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. HB 371 CSHB 371(FIN) am was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. 1994-05-03 House Journal Page 3985 SB 240 HCS CSSB 240(CRA) was engrossed, signed by the Speaker and Chief Clerk and transmitted to the Senate for consideration. ENROLLMENT HB 358 The following was enrolled, signed by the Speaker and Chief Clerk, President and Secretary of the Senate and the engrossed and enrolled copies were transmitted to the Office of the Governor at 9:43 a.m., May 3, 1994: 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." ANNOUNCEMENTS House committee schedules are published daily under separate cover. ADJOURNMENT Representative Phillips moved and asked unanimous consent that the House adjourn until 10:00 a.m., May 4, 1994. There being no objection, the House adjourned at 3:57 p.m. Suzi Lowell Chief Clerk