Legislature(1993 - 1994)

1994-05-04 House Journal

Full Journal pdf

1994-05-04                     House Journal                      Page 3987
                                 HOUSE JOURNAL                                 
                                                                               
                            ALASKA STATE LEGISLATURE                           
                                                                               
                    EIGHTEENTH LEGISLATURE -- SECOND SESSION                   
                                                                               
Juneau, Alaska                     Wednesday               May 4, 1994         
                                                                               
                                                                               
                          One Hundred Fifteenth Day                          
                                                                               
                                                                               
Pursuant to adjournment, the House was called to order by Speaker              
Barnes at 10:42 a.m.                                                           
                                                                               
                                                                               
Roll call showed 33 members present.  Representatives Brown, Davies,           
Finkelstein, Hanley, MacLean, Navarre and Therriault were absent.              
                                                                               
                                                                               
The invocation was offered by the Chaplain, Pastor Richard Green of            
the Glacier Valley Church of God.  Representative Menard moved and             
asked unanimous consent that the invocation be spread on the journal.          
There being no objection, it appears below:                                    
                                                                               
"`I will say of the Lord, He is my refuge and my fortress:  my                
God; in Him will I trust.'  (Psalm 91:2)  Father, we do put our                
trust in You today.  You have told us if we trust in You with                  
all our hearts and lean not on our own understanding, but in                   
all our ways acknowledge You, then You will direct our paths.                  
(Proverbs 3:5.6)  Thank You for Your direction and Your                        
strength.  I pray that the life giving river of the Holy Spirit                
would flow through us today and would bring forth the fruit                    
of love, joy, peace, long-suffering, kindness, goodness,                       
faithfulness, gentleness, and self-control.  `To God our Savior,               
Who alone is wise, be glory and majesty, dominion and                          
power, both now and forever.'  (Jude 25)  Amen."                               
                                                                               
                                                                               
The Pledge of Allegiance was led by Representative Grussendorf.                
                                                                               
                                       1                                       

1994-05-04                     House Journal                      Page 3988
                         CERTIFICATION OF THE JOURNAL                        
                                                                               
Representative Phillips moved and asked unanimous consent that the             
journal for the 114th legislative day be approved as certified by the          
Chief Clerk.  There being no objection, it was so ordered.                     
                                                                               
                                                                               
                           MESSAGES FROM THE SENATE                          
                                                                               
HB  497                                                                      
A message dated May 3, 1994, was read stating the Senate has failed:           
                                                                               
SENATE CS FOR CS FOR SS FOR HOUSE BILL NO.                                    
497(L&C) am S(fld S)                                                           
"An Act relating to the titles that describe the two principal                
executive officers of electric and telephone cooperatives."                    
                                                                               
SCS CSSSHB 497(L&C) am S(fld S) was referred to the Chief Clerk                
for permanent filing.                                                          
                                                                               
                                                                               
HB 407                                                                       
A message dated May 3, 1994, was read stating the President has                
granted limited powers of free conference to the Senate members of             
the Conference Committee considering:                                          
                                                                               
HOUSE BILL NO. 407                                                            
"An Act relating to issuance of commemorative gold rush motor                 
vehicle license plates."                                                       
                                                                               
and                                                                            
                                                                               
SENATE CS FOR HOUSE BILL NO. 407(FIN) am S                                    
"An Act relating to issuance of commemorative gold rush motor                 
vehicle license plates; and providing for an effective date."                  
                                                                               
The Speaker had previously granted the limited powers of free                  
conference as requested and the specific points for which limited              
powers were granted appear on page 3956.                                       
                                                                               
**The presence of Representative Hanley was noted.                             
                                                                               

1994-05-04                     House Journal                      Page 3989
SB 349                                                                       
A message dated May 3, 1994, was read stating the Senate has                   
concurred in the House amendment to CSSB 349(JUD), thus adopting:              
                                                                               
CS FOR SENATE BILL NO. 349(JUD) am H                                          
"An Act amending Alaska Rule of Criminal Procedure 6(r) relating              
to admissibility of hearsay evidence by peace officers before the              
grand jury."                                                                   
                                                                               
                                                                               
                        REPORTS OF SPECIAL COMMITTEES                        
                                                                               
SB 248                                                                       
The Conference Committee considering:                                          
                                                                               
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)                                                                  
                                                                               
requests limited powers of free conference on the following specific           
points:                                                                        
                                                                               
1.  Page 12, line 3:  after "only" insert:  "and the treatment is              
administered by an accredited practitioner of the church or religious          
denomination".                                                                 
                                                                               
The request was signed by Representative Martin and Senator Sharp,             
Chairs.                                                                        
                                                                               
The Speaker granted the limited powers of free conference as                   
requested.                                                                     
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
**The presence of Representatives Brown, Therriault, MacLean and               
Finkelstein was noted.                                                         

1994-05-04                     House Journal                      Page 3990
                          INTRODUCTION OF CITATIONS                          
                                                                               
The following citations were introduced and referred to the Rules              
Committee for placement on the calendar:                                       
                                                                               
Honoring - Usibelli Coal Mine, Fifty Great Years in Alaska                     
By Representative Phillips                                                     
                                                                               
Honoring - Hobo Jim, Alaska Balladeer                                          
By Representative Phillips                                                     
                                                                               
Honoring - Dean Schlehofer and Eric Emmons                                     
By Representative Mulder                                                       
                                                                               
Honoring - Chugiak High School Mustangs, 1994 4-A State Volleyball             
Champions                                                                      
By Representatives Willis, Carney, Kott; Senators Halford, Phillips            
                                                                               
Honoring - Capital City High School Science Fair Winners                       
By Representatives Ulmer, Hudson; Senator Duncan                               
                                                                               
Honoring - Representative Curt Menard                                          
By Senator Kelly; Representative B.Davis                                       
                                                                               
Honoring - Jeremy Charlie                                                      
By Senator Lincoln; Representative Nicholia                                    
                                                                               
Honoring - Rose Ambrose                                                        
By Senator Lincoln; Representative Nicholia                                    
                                                                               
Honoring - Jeffrey R. Skrade                                                   
By Senator Jacko                                                               
                                                                               
Honoring - Pat Ryan                                                            
By Senator Kelly                                                               
                                                                               
Honoring - "Fast Eddie" Foster                                                 
By Senator Kelly                                                               
                                                                               
Honoring - Prince William Sound Aquaculture Corporation                        
By Senator Lincoln; Representative Olberg                                      

1994-05-04                     House Journal                      Page 3991
In Memoriam - Robert "Uncle Bob" Pavitt                                        
By Representatives Ulmer, Willis, Hudson; Senator Duncan                       
                                                                               
                                                                               
**The presence of Representative Davies was noted.                             
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
SJR 39                                                                       
Representative Vezey brought up reconsideration of the vote on SJR
39 (page 3974).                                                                
                                                                               
The following was again before the House in third reading:                     
                                                                               
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.                                                      
                                                                               
                                                                               
The question to be reconsidered:  "Shall SJR 39 pass the House?"  The          
roll was taken with the following result:                                      
                                                                               
                                                                               
SJR 39--RECONSIDERATION                                                        
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  36   NAYS:  3   EXCUSED:  0   ABSENT:  1                              
                                                                               
                                                                               
Yeas:  Barnes, Brice, Bunde, Carney, Davidson, Davies, B.Davis,                
G.Davis, Foster, Green, Grussendorf, Hanley, Hoffman, Hudson,                  
James, Kott, Larson, Mackie, Martin, Menard, Moses, Mulder,                    
Nicholia, Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton,        
Therriault, Toohey, Ulmer, Vezey, Williams, Willis                             
                                                                               

1994-05-04                     House Journal                      Page 3992
SJR 39                                                                       
Nays:  Brown, Finkelstein, MacLean                                             
                                                                               
Absent:  Navarre                                                               
                                                                               
And so, SJR 39 passed the House.                                               
                                                                               
Representative Finkelstein moved and asked unanimous consent that              
the House rescind action in failing to adopt the Letter of Intent (page        
3973).                                                                         
                                                                               
Representative Phillips objected.                                              
                                                                               
**The presence of Representative Navarre was noted.                            
                                                                               
Representative Finkelstein moved and asked unanimous consent to                
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
SJR 39 was signed by the Speaker and Chief Clerk and returned to the           
Senate.                                                                        
                                                                               
                                                                               
SB 308                                                                       
Representative James brought up reconsideration of the vote on CSSB
308(FIN) am H (page 3972).                                                     
                                                                               
Representative James withdrew the request to reconsider the vote on            
CSSB 308(FIN) am H at this time.                                               
                                                                               
                                                                               
                     CONSIDERATION OF THE DAILY CALENDAR                     
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                                                               
HB 548                                                                       
The following was read the second time:                                        
                                                                               
HOUSE BILL NO. 548                                                            
"An Act relating to the construction of the Alaska Orbital Launch             
Complex by the Alaska Aerospace Development Corporation."                      

1994-05-04                     House Journal                      Page 3993
HB 548                                                                       
with the:                                                 Journal Page         
                                                                               
	L&C RPT 5DP                                                      3955         
-ZERO FISCAL NOTE (DCED) 5/3/94                                  3955         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that HB
548 be considered engrossed, advanced to third reading and placed on           
final passage.  There being no objection, it was so ordered.                   
                                                                               
HB 548 was read the third time.                                                
                                                                               
                                                                               
The Speaker stated that, without objection, the House would recess             
until 6:00 p.m., and so, the House recessed at 11:45 a.m.                      
                                                                               
                                                                               
                                 AFTER RECESS                                
                                                                               
The House was called back to order at 6:17 p.m.                                
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Navarre moved and asked unanimous consent that the              
House adjourn sine die.                                                        
                                                                               
Objection was heard.                                                           
                                                                               
Representative Navarre moved and asked unanimous consent to                    
withdraw the motion.  There being no objection, it was so ordered.             
                                                                               
                                                                               
                        SECOND READING OF HOUSE BILLS                        
                                  (continued)                                  
                                                                               
HB 548                                                                       
The question being:  "Shall HB 548 pass the House?"  The roll was              
taken with the following result:                                               
                                                                               

1994-05-04                     House Journal                      Page 3994
HB 548                                                                       
                                                                               
HB 548                                                                         
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, Martin, Menard,                  
Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips,         
Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams,           
Willis                                                                         
                                                                               
Nays:  MacLean                                                                 
                                                                               
                                                                               
And so, HB 548 passed the House and was referred to the Chief Clerk            
for engrossment.                                                               
                                                                               
                                                                               
                        SECOND READING OF SENATE BILLS                       
                                                                               
SB 247                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 247(2d FIN)                                            
"An Act making subject to prior legislative approval contracts                
entered into or renewed by the executive branch of state                       
government, the legislative council, the Alaska Court System, and              
the University of Alaska for the lease of real property if the lease           
has an annual rent payable that is anticipated to exceed $500,000              
or has total payments that exceed $2,500,000 for the term of the               
lease, including any renewal options that are defined in the lease;            
prohibiting these entities from entering into or renewing a lease of           
real property if any or all renewal periods in the lease exceed the            
original term of the lease; making subject to prior legislative                
approval lease-purchase agreements that may be entered into by                 
these entities to acquire real property, other than lease-purchase             
agreements to refinance outstanding balances on existing                       
                                                                               

1994-05-04                     House Journal                      Page 3995
SB 247                                                                       
lease-purchase agreements and lease-purchase agreements secured               
by University of Alaska student fees and university receipts;                  
authorizing these entities to enter into lease-purchase agreements             
only in the capacity of lessee under the proposed lease-purchase               
agreement; defining procedures that these entities must follow                 
when considering whether or not to enter into lease-purchase                   
agreements, and setting limits on the duration of these agreements;            
providing definitions for applicable terms; and providing for an               
effective date."                                                               
                                                                               
with the:                                                 Journal Page         
                                                                               
	FIN RPT HCS(FIN) NEW TITLE 6DP 3NR 2AM                           3664         
	...TITLE CHANGE PENDING AUTHORIZATION                            3664         
	...BY HCR 36                                                     3664         
	-PREVIOUS SENATE ZERO FN (LAA) 1/24/94                           3666         
	-PREVIOUS SENATE ZERO FN (ADM) 2/2/94                            3666         
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that                 
CSSB 247(2D FIN) be held in second reading until the May 5, 1994,              
calendar.                                                                      
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
                                                                               
SB 275                                                                       
The following was read the second time:                                        
                                                                               
CS FOR SENATE BILL NO. 275(JUD)                                               
"An Act relating to the disposal of real property by the                      
Department of Transportation and Public Facilities."                           
                                                                               
with the:                                                 Journal Page         
                                                                               
                                                                               
	TRA RPT  5DP                                                     3908         
	-2 PREVIOUS SEN ZERO FNS (DOT,DNR) 2/11                          3909         
	JUD REFERRAL WAIVED                                              3943         
                                                                               

1994-05-04                     House Journal                      Page 3996
SB 275                                                                       
Representative Phillips moved and asked unanimous consent that                 
CSSB 275(JUD) be considered engrossed, advanced to third reading               
and placed on final passage.  There being no objection, it was so              
ordered.                                                                       
                                                                               
CSSB 275(JUD) was read the third time.                                         
                                                                               
The question being:  "Shall CSSB 275(JUD) pass the House?"  The                
roll was taken with the following result:                                      
                                                                               
CSSB 275(JUD)                                                                  
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  39   NAYS:  1   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Menard, Moses, Navarre, Nicholia, Nordlund, Olberg, Parnell, Phillips,         
Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey, Williams,           
Willis                                                                         
                                                                               
Nays:  Mulder                                                                  
                                                                               
And so, CSSB 275(JUD) passed the House and was signed by the                   
Speaker and Chief Clerk and returned to the Senate.                            
                                                                               
                                                                               
                        THIRD READING OF SENATE BILLS                        
                                                                               
SB 366                                                                       
The following, which was advanced to third reading from the May 3,             
1994, calendar (page 3968), was read the third time:                           
                                                                               
CS FOR SENATE BILL NO. 366(FIN) am H                                          
"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             
                                                                               

1994-05-04                     House Journal                      Page 3997
SB 366                                                                       
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."                             
                                                                               
                                                                               
Representative Hanley moved and asked unanimous consent that CSSB
366(FIN) am H be returned to second reading for the specific purpose           
of considering Amendment No. 3.  There being no objection, it was so           
ordered.                                                                       
                                                                               
                                                                               
Amendment No. 3 was offered  to CSSB 366(FIN) am H by                           
Representatives Hanley and Brown:                                              
                                                                               
Page 10, line 18, after "(b)":                                                 
	Insert "and (c)"                                                              
                                                                               
Page 10, after line 30:                                                        
	Insert a new subsection to read:                                              
	"(c)  If the department has clear and compelling reason to                   
believe that application of the maximum allowable charges under                
(a) of this section to a specific service would not reduce state               
expenditures or would generate savings to the state that are                   
insignificant in relation to the total cost containment possible, then         
the department may waive the charges otherwise required under (a)              
of this section as to that specific service."                                  
                                                                               
                                                                               
Representative Hanley moved and asked unanimous consent that                   
Amendment No. 3 be adopted.  There being no objection, it was so               
ordered.                                                                       
                                                                               
                                                                               
The question being:  "Shall CSSB 366(FIN) am H pass the House?"                
The roll was taken with the following result:                                  
                                                                               

1994-05-04                     House Journal                      Page 3998
SB 366                                                                       
                                                                               
CSSB 366(FIN) am H                                                             
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  40   NAYS:  0   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Barnes, Brice, Brown, Bunde, Carney, Davidson, Davies,                  
B.Davis, G.Davis, Finkelstein, Foster, Green, Grussendorf, Hanley,             
Hoffman, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                 
Menard, Moses, Mulder, Navarre, Nicholia, Nordlund, Olberg, Parnell,           
Phillips, Porter, Sanders, Sitton, Therriault, Toohey, Ulmer, Vezey,           
Williams, Willis                                                               
                                                                               
And so, CSSB 366(FIN) am H passed the House and was referred to                
the Chief Clerk for engrossment.                                               
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                                                               
HCR 36                                                                       
The following was read the second time:                                        
                                                                               
HOUSE CONCURRENT RESOLUTION NO. 36                                            
Suspending Uniform Rules 24(c), 35, 41(b), and 42(e) of the                   
Alaska State Legislature concerning Senate Bill No. 247, relating              
to state leases and to state lease-purchase and lease-financing                
agreements.                                                                    
                                                                               
Representative Phillips moved and asked unanimous consent that HCR
36 be held in second reading until the May 5, 1994, calendar.  There           
being no objection, it was so ordered.                                         
                                                                               
                                                                               
HJR 65                                                                       
The following was read the second time:                                        
                                                                               
HOUSE JOINT RESOLUTION NO. 65                                                 
Proposing amendments to the Constitution of the State of Alaska               
relating to the budget reserve fund.                                           
                                                                               

1994-05-04                     House Journal                      Page 3999
HJR 65                                                                       
with the:                                                 Journal Page         
                                                                               
	FIN RPT  2DP 7NR 1AM                                             3747         
	-FISCAL NOTE (GOV) 4/27/94                                       3748         
                                                                               
                                                                               
                                ANNOUNCEMENTS                                
                                                                               
Majority Caucus                Speaker's Chamber     upon at ease, 5/4         
                                                                               
Minority Caucus                                      upon at ease, 5/4         
                                                                               
                                                                               
The Speaker stated that, without objection, the House would stand at           
ease to a call of the Chair, and so, the House stood at ease at 6:45 p.m.      
                                                                               
                                AFTER AT EASE                                
                                                                               
The House was called back to order at 7:41 p.m.                                
                                                                               
                                                                               
                     SECOND READING OF HOUSE RESOLUTIONS                     
                                  (continued)                                  
                                                                               
HJR 65                                                                       
Representative Phillips moved and asked unanimous consent that HJR
65 be returned to the Rules Committee.  There being no objection, it           
was so ordered.                                                                
                                                                               
                                                                               
                            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 - Rural Student Services, UAF, 25th Anniversary                       
By Representatives Davies, Brice, Nicholia, Hoffman, Sitton, Bunde,            
Davidson, B.Davis, Foster, Grussendorf, James, Mackie, MacLean,                
Menard, Mulder, Navarre, Phillips, Toohey, Ulmer, Willis;  Senators            
Lincoln, Adams                                                                 

1994-05-04                     House Journal                      Page 4000
Honoring - Matt Mattson                                                        
By Representatives Davies, Willis, Sitton, Brice, Bunde, B.Davis,              
James, Mackie, Menard, Navarre, Toohey, Ulmer                                  
                                                                               
Honoring - Michael C. Fish, Aviation Survivalman Second Class, U.S.            
Coast Guard                                                                    
By Representatives Menard, Carney, Larson, Bunde, B.Davis, Foster,             
James, Kott, Mackie, MacLean, Menard, Mulder, Navarre, Toohey,                 
Ulmer, Willis; Senators Kerttula, Halford                                      
                                                                               
Honoring - Colony High Vocational Industrial Clubs of America                  
By Representatives Menard, Carney, Larson, Bunde, B.Davis, Foster,             
Hoffman, James, Mackie, Menard, Navarre, Toohey, Ulmer, Willis;                
Senators Kerttula, Halford                                                     
                                                                               
Honoring - Palmer High Vocational Industrial Clubs of America                  
By Representatives Menard, Carney, Larson, Bunde, B.Davis, Foster,             
Hoffman, James, Mackie, Menard, Navarre, Toohey, Ulmer, Willis;                
Senators Kerttula, Halford                                                     
                                                                               
Honoring - Jeremy "Jerry" Coonrad, Andrew "Ace" Cash, American                 
High School Mathematics Awards, 1994                                           
By Representatives Menard, Carney, Larson, Brice, Bunde, B.Davis,              
Foster, Hoffman, James, Kott, Mackie, MacLean, Menard, Navarre,                
Toohey, Ulmer, Willis; Senators Kerttula, Halford                              
                                                                               
Honoring - Wasilla High Vocational Industrial Clubs of America                 
By Representatives Menard, Carney, Larson, Bunde, B.Davis, Foster,             
Hoffman, James, Mackie, MacLean, Menard, Navarre, Toohey, Ulmer,               
Willis; 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, Bunde, B.Davis,            
Finkelstein, Green, Hoffman, James, Kott, Mackie, Menard, Mulder,              
Navarre, Nordlund, Parnell, Phillips, Toohey, Ulmer, Vezey, Willis             
                                                                               
Honoring - Don Schulz, 1994 National Big Brother of the Year                   
By Representatives  Hanley, Bunde, Davidson, B.Davis, Grussendorf,             
Hoffman, James, Kott, Mackie, MacLean, Menard, Mulder, Navarre,                
Parnell, Phillips, Therriault, Toohey, Ulmer, Vezey, Willis;  Senator          
Rieger                                                                         

1994-05-04                     House Journal                      Page 4001
Honoring - Baker-Jennings Films                                                
By Senator Ellis; Representatives Finkelstein, Bunde, B.Davis,                 
Hoffman, James, Mackie, Menard, Mulder, Navarre, Nordlund, Ulmer,              
Willis                                                                         
                                                                               
                                                                               
In Memoriam - Jennie Tretikoff Sather                                          
By Representatives MacLean, Bunde, B.Davis, Foster, Hoffman,                   
James, Mackie, Menard, Toohey, Willis                                          
                                                                               
                                                                               
                          SPECIAL ORDER OF BUSINESS                          
                                                                               
Representative Phillips moved and asked unanimous consent that the             
following citation be taken up as a Special Order of Business at this          
time:                                                                          
                                                                               
Honoring - His Excellency Dr. Subroto                                          
By Senator Pearce; Representatives Phillips, Brice, Navarre                    
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House approve the citation.  There being no objection, it was so               
ordered.                                                                       
                                                                               
The citation was sent to enrolling.                                            
                                                                               
                                                                               
                             UNFINISHED BUSINESS                             
                                                                               
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                        
                                                                               

1994-05-04                     House Journal                      Page 4002
SB 250                                                                       
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 and asked unanimous consent that the             
House recede from its amendment to CSSB 250(FIN) am, namely HCS                
CSSB 250(FIN), and recommended that the members vote no.                       
                                                                               
                                                                               
The question being:  "Shall the House recede from its amendment to             
CSSB 250(FIN) am?"  The roll was taken with the following result:              
                                                                               
HCS CSSB 250(FIN)                                                              
Recede                                                                         
                                                                               
YEAS:  2   NAYS:  34   EXCUSED:  0   ABSENT:  4                              
                                                                               
                                                                               
Yeas:  B.Davis, Hoffman                                                        
                                                                               
                                                                               
Nays:  Barnes, Brown, Bunde, Carney, Davies, G.Davis, Finkelstein,             
Foster, Green, Grussendorf, Hanley, Hudson, James, Kott, Larson,               
Mackie, MacLean, Martin, Menard, Moses, Mulder, Navarre,                       
Nordlund, Olberg, Parnell, Phillips, Porter, Sanders, Sitton, Therriault,      
Toohey, Ulmer, Williams, Willis                                                
                                                                               
Absent:  Brice, Davidson, Nicholia, Vezey                                      
                                                                               
                                                                               
And so, the House failed to recede.                                            
                                                                               

1994-05-04                     House Journal                      Page 4003
SB 250                                                                       
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 Toohey, Chair                                                   
Representative Kott                                                            
Representative Willis                                                          
                                                                               
The Senate members of the Conference Committee are Senators Sharp,             
Chair, Kerttula and Leman (page 3951).                                         
                                                                               
The Chief Clerk was instructed to so notify the Senate.                        
                                                                               
                                                                               
SB 338                                                                       
The Speaker waived the Labor & Commerce Committee referral on the              
following at the request of Representative Hudson, Chair:                      
                                                                               
CS FOR SENATE BILL NO. 338(FIN)                                               
"An Act relating to the issuance of revenue bonds for acquisition             
and construction of the Northern Crossroads Discovery Center for               
the Ship Creek Landings Project; relating to a study of the                    
feasibility and financial viability of the Northern Crossroads                 
Discovery Center; relating to construction of the Northern                     
Crossroads Discovery Center; and providing for an effective date."             
                                                                               
                                                                               
CSSB 338(FIN) was removed from the Labor & Commerce Committee                  
and referred to the Finance Committee.                                         
                                                                               
                                                                               
                               RECONSIDERATION                               
                                                                               
SB 308                                                                       
Representative James brought up reconsideration of the vote on CSSB
308(FIN) am H (page 3972).                                                     
                                                                               
                                                                               
The following was again before the House in third reading:                     
                                                                               

1994-05-04                     House Journal                      Page 4004
SB 308                                                                       
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."                                                                         
                                                                               
Representative James moved and asked unanimous consent that CSSB
308(FIN) am H be returned to second reading for the specific purpose           
of rescinding previous action in adopting Amendment No. 1 (page                
3919).                                                                         
                                                                               
Objection was heard.                                                           
                                                                               
Representative Navarre moved and asked unanimous consent that                  
CSSB 308(FIN) am H with the pending motion be held until May 5,                
1994.                                                                          
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall CSSB 308(FIN) am H be held with the                
pending motion until May 5, 1994?"  The roll was taken with the                
following result:                                                              
                                                                               
CSSB 308(FIN) am H--RECONSIDERATION                                            
Third Reading                                                                  
Return to Second Reading to rescind                                            
previous action on Amendment No. 1                                             
Hold until May 5, 1994                                                         
                                                                               
YEAS:  16   NAYS:  21   EXCUSED:  0   ABSENT:  3                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, Menard, Navarre, Nordlund, Sitton,               
Ulmer, Willis                                                                  
                                                                               

1994-05-04                     House Journal                      Page 4005
SB 308                                                                       
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, MacLean, Martin, Mulder, Olberg, Parnell, Phillips,              
Porter, Sanders, Toohey, Vezey, Williams                                       
                                                                               
                                                                               
Absent:  Moses, Nicholia, Therriault                                           
                                                                               
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
Representative Phillips placed a call of the House and lifted the call.        
                                                                               
                                                                               
Representative Brown placed a call of the House and lifted the call.           
                                                                               
                                                                               
The question being:  "Shall CSSB 308(FIN) am H be returned to                  
second reading for the specific purpose of rescinding previous action          
in adopting Amendment No. 1?"  The roll was taken with the                     
following result:                                                              
                                                                               
                                                                               
CSSB 308(FIN) am H--RECONSIDERATION                                            
Third Reading                                                                  
Return to Second Reading to rescind                                            
previous action on Amendment No. 1                                             
                                                                               
YEAS:  26   NAYS:  13   EXCUSED:  0   ABSENT:  1                             
                                                                               
                                                                               
Yeas:  Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley,          
Hudson, James, Kott, Larson, Mackie, MacLean, Menard, Moses,                   
Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey,        
Vezey, Williams                                                                
                                                                               
                                                                               
Nays:  Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf,              
Hoffman, Martin, Navarre, Nordlund, Sitton, Ulmer, Willis                      
                                                                               

1994-05-04                     House Journal                      Page 4006
SB 308                                                                       
Absent:  Nicholia                                                              
                                                                               
Willis changed from "Yea" to "Nay".                                            
Barnes changed from "Nay" to "Yea".                                            
Foster changed from "Nay" to "Yea".                                            
Mackie changed from "Nay" to "Yea".                                            
Bunde changed from "Nay" to "Yea".                                             
                                                                               
And so, the motion passed and CSSB 308(FIN) am H was returned to               
second reading.                                                                
                                                                               
Representative James moved and asked unanimous consent that the                
House rescind previous action in adopting Amendment No. 1.                     
                                                                               
Representative Navarre objected.                                               
                                                                               
Representative Phillips rose to a point of order stating that debate was       
straying from the question before the House.                                   
                                                                               
                                                                               
The Speaker stated that the point was well taken and cautioned the             
member to proceed in order.                                                    
                                                                               
The question being:  "Shall the House rescind previous action in               
adopting Amendment No. 1?"  The roll was taken with the following              
result:                                                                        
                                                                               
CSSB 308(FIN) am H--RECONSIDERATION                                            
Second Reading                                                                 
Rescind previous action on Amendment No. 1                                     
                                                                               
YEAS:  21   NAYS:  18   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders,       
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Nays:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard, Navarre,                
Nordlund, Sitton, Ulmer, Willis                                                
                                                                               

1994-05-04                     House Journal                      Page 4007
SB 308                                                                       
Absent:  Nicholia                                                              
                                                                               
And so, the motion passed and Amendment No. 1 was before the                   
House.                                                                         
                                                                               
                                                                               
Amendment to Amendment No. 1 was offered  by Representative                     
Davies:                                                                        
                                                                               
Delete "60"                                                                    
Insert "45"                                                                    
                                                                               
Representative Davies moved and asked unanimous consent that the               
amendment to Amendment No. 1 be adopted.                                       
                                                                               
Objection was heard.                                                           
                                                                               
The question being:  "Shall the amendment to Amendment No. 1 be                
adopted?"  The roll was taken with the following result:                       
                                                                               
CSSB 308(FIN) am H--RECONSIDERATION                                            
Second Reading                                                                 
Amendment to Amendment No. 1                                                   
                                                                               
YEAS:  16   NAYS:  23   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Foster, Grussendorf, Hoffman, Menard, Navarre, Nordlund, Sitton,               
Ulmer, Willis                                                                  
                                                                               
Nays:  Barnes, Bunde, G.Davis, Green, Hanley, Hudson, James, Kott,             
Larson, Mackie, MacLean, Martin, Moses, Mulder, Olberg, Parnell,               
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Absent:  Nicholia                                                              
                                                                               
And so, the amendment to Amendment No. 1 was not adopted.                      
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The roll             
was taken with the following result:                                           
                                                                               

1994-05-04                     House Journal                      Page 4008
SB 308                                                                       
                                                                               
CSSB 308(FIN) am H--RECONSIDERATION                                            
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  19   NAYS:  20   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brown, Bunde, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Foster, Grussendorf, Hoffman, Larson, Mackie, MacLean, Menard,                 
Navarre, Nordlund, Sitton, Ulmer, Willis                                       
                                                                               
Nays:  Barnes, Brice, G.Davis, Green, Hanley, Hudson, James, Kott,             
Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders,             
Therriault, Toohey, Vezey, Williams                                            
                                                                               
Absent:  Nicholia                                                              
                                                                               
Willis changed from "Nay" to "Yea".                                            
                                                                               
And so, Amendment No. 1 was not adopted.                                       
                                                                               
                                                                               
Representative Brown moved and asked unanimous consent that CSSB
308(FIN) am be returned to second reading for the specific purpose of          
considering Amendment No. 17.                                                  
                                                                               
Representative Phillips objected.                                              
                                                                               
The question being:  "Shall the House return to second reading for the         
specific purpose of considering Amendment No. 17?"  The roll was               
taken with the following result:                                               
                                                                               
CSSB 308(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Return to Second Reading for Amendment No. 17                                  
                                                                               
YEAS:  17   NAYS:  22   EXCUSED:  0   ABSENT:  1                             
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,           
Grussendorf, Hoffman, Mackie, MacLean, Menard, Navarre, Nordlund,              
Sitton, Ulmer, Willis                                                          

1994-05-04                     House Journal                      Page 4009
SB 308                                                                       
Nays:  Barnes, Bunde, G.Davis, Foster, Green, Hanley, Hudson, James,           
Kott, Larson, Martin, Moses, Mulder, Olberg, Parnell, Phillips, Porter,        
Sanders, Therriault, Toohey, Vezey, Williams                                   
                                                                               
                                                                               
Absent:  Nicholia                                                              
                                                                               
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
Representative Phillips rose to a point of order regarding inappropriate       
debate.                                                                        
                                                                               
                                                                               
The Speaker cautioned the member to proceed in order.                          
                                                                               
                                                                               
                                 ADJOURNMENT                                 
                                                                               
Representative Navarre moved and asked unanimous consent that the              
House adjourn sine die.                                                        
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall the House adjourn sine die?"  The roll was         
taken with the following result:                                               
                                                                               
                                                                               
Adjourn sine die                                                               
                                                                               
                                                                               
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Brice, Brown, Carney, Davidson, Davies, Finkelstein, Hoffman,           
Menard, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis                     
                                                                               

1994-05-04                     House Journal                      Page 4010
Nays:  Barnes, Bunde, B.Davis, G.Davis, Foster, Green, Grussendorf,            
Hanley, Hudson, James, Kott, Larson, Mackie, MacLean, Martin,                  
Moses, Mulder, Olberg, Parnell, Phillips, Porter, Sanders, Therriault,         
Toohey, Vezey, Williams                                                        
                                                                               
And so, the motion failed.                                                     
                                                                               
                                                                               
                               RECONSIDERATION                               
                                  (continued)                                  
                                                                               
SB 308                                                                       
Representative Navarre rose to a point of order regarding making               
reference to the other body.                                                   
                                                                               
The Speaker stated the point was well taken.                                   
                                                                               
                                                                               
The question to be reconsidered:  "Shall CSSB 308(FIN) pass the                
House?"  The roll was taken with the following result:                         
                                                                               
                                                                               
CSSB 308(FIN) am--RECONSIDERATION                                              
Third Reading                                                                  
Final Passage                                                                  
                                                                               
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                             
                                                                               
                                                                               
Yeas:  Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley,          
Hudson, James, Kott, Larson, Mackie, Martin, Mulder, Olberg, Parnell,          
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
                                                                               
Nays:  Brown, Carney, Davidson, Davies, Finkelstein, Grussendorf,              
Hoffman, MacLean, Menard, Moses, Navarre, Nicholia, Nordlund,                  
Sitton, Ulmer, Willis                                                          
                                                                               
                                                                               
And so, CSSB 308(FIN) am passed the House on reconsideration.                  
                                                                               

1994-05-04                     House Journal                      Page 4011
SB 308                                                                       
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--RECONSIDERATION                                              
Third Reading                                                                  
Effective Date                                                                 
                                                                               
YEAS:  24   NAYS:  16   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Barnes, Brice, Bunde, G.Davis, Foster, Green, Hanley, Hudson,           
James, Kott, Larson, Mackie, Martin, Moses, Mulder, Olberg, Parnell,           
Phillips, Porter, Sanders, Therriault, Toohey, Vezey, Williams                 
                                                                               
Nays:  Brown, Carney, Davidson, Davies, B.Davis, Finkelstein,                  
Grussendorf, Hoffman, MacLean, Menard, Navarre, Nicholia,                      
Nordlund, Sitton, Ulmer, Willis                                                
                                                                               
And so, lacking the necessary 27 votes, the effective date clause was          
not adopted.                                                                   
                                                                               
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adopt the House Judiciary Committee Letter of Intent (page               
3860).                                                                         
                                                                               
                                                                               
Objection was heard.                                                           
                                                                               
                                                                               
The question being:  "Shall the Judiciary Committee Letter of Intent           
be adopted?"  The roll was taken with the following result:                    
                                                                               
                                                                               
CSSB 308(FIN) am(efd fld H)--RECONSIDERATION                                   
Third Reading                                                                  
House Judiciary Committee Letter of Intent                                     
                                                                               
YEAS:  25   NAYS:  13   EXCUSED:  0   ABSENT:  2                             
                                                                               

1994-05-04                     House Journal                      Page 4012
SB 308                                                                       
Yeas:  Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley,          
Hudson, James, Kott, Larson, Mackie, Martin, Mulder, Nordlund,                 
Olberg, Parnell, Phillips, Porter, Sanders, Therriault, Toohey, Vezey,         
Williams                                                                       
                                                                               
Nays:  Brown, Carney, Davies, Finkelstein, Grussendorf, MacLean,               
Menard, Moses, Navarre, Nicholia, Sitton, Ulmer, Willis                        
                                                                               
Absent:  Davidson, Hoffman                                                     
                                                                               
And so, the Judiciary Committee Letter of Intent was adopted.                  
                                                                               
Representative Phillips moved and asked unanimous consent that the             
House adopt the Senate Letter of Intent (page 3853 of the Senate               
Journal).                                                                      
                                                                               
Representative Davies objected.                                                
                                                                               
The question being:  "Shall the House adopt the Senate Letter of Intent        
No. 2 as amended?"  The roll was taken with the following result:              
                                                                               
CSSB 308(FIN) am(efd fld H)--RECONSIDERATION                                   
Third Reading                                                                  
Senate Letter of Intent                                                        
                                                                               
YEAS:  23   NAYS:  13   EXCUSED:  0   ABSENT:  4                             
                                                                               
Yeas:  Barnes, Brice, Bunde, B.Davis, G.Davis, Foster, Green, Hanley,          
Hudson, James, Kott, Larson, Martin, Mulder, Olberg, Parnell, Phillips,        
Porter, Sanders, Therriault, Toohey, Vezey, Williams                           
                                                                               
Nays:  Brown, Carney, Davies, Grussendorf, MacLean, Menard,                    
Moses, Navarre, Nicholia, Nordlund, Sitton, Ulmer, Willis                      
                                                                               
Absent:  Davidson, Finkelstein, Hoffman, Mackie                                
                                                                               
And so, the Senate Letter of Intent was adopted.                               
                                                                               
CSSB 308(FIN) am(efd fld H) was referred to the Chief Clerk for                
engrossment.                                                                   
                                                                               

1994-05-04                     House Journal                      Page 4013
                                 ENGROSSMENT                                 
                                                                               
HB 548                                                                       
HB 548 was engrossed, signed by the Speaker and Chief Clerk and                
transmitted to the Senate for consideration.                                   
                                                                               
                                                                               
SB 308                                                                       
CSSB 308(FIN) am(efd fld H) was engrossed, signed by the Speaker               
and Chief Clerk and transmitted to the Senate for consideration.               
                                                                               
                                                                               
SB 366                                                                       
CSSB 366(FIN) am H was engrossed, signed by the Speaker and Chief              
Clerk and transmitted to the Senate for consideration.                         
                                                                               
                                                                               
                                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 5, 1994.  There being no                   
objection, the House adjourned at 9:31 p.m.                                    
                                                                               
											Suzi Lowell                                                         
											Chief Clerk